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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4415
<br /> activities such as replacement of commenters argued that dams and supply. In considering whether a dam or
<br /> faucets,internal plumbing, and fixtures reservoirs play an important role in reservoir project is necessary for the
<br /> in schools and childcare facilities are providing municipal water supply and provision of drinking water supply,a
<br /> also an eligible use of SURF funds. water to irrigate farmland,including in recipient may take into consideration
<br /> Consistent with the EPA programs, areas impacted by recent droughts. future population growth in certain
<br /> replacement of lead pipes within a Other commenters noted that a large circumstances,as discussed under
<br /> home is not eligible under the final rule number of dams are currently classified "Expansion of Drinking Water Service
<br /> because the vast majority of lead as high-hazard structures,the failure of Infrastructure"below,but the project
<br /> contamination cases can be solved by which would have severe consequences must in any case be designed to support
<br /> replacing lead service lines (including for public safety and the local no more than a reasonable level of
<br /> on public and private property) and environment.With respect to reservoirs, projected increased need.The recipient
<br /> faucets and fixtures themselves.As commenters articulated that changing must also determine that the project is
<br /> such,replacement of lead pipes within climate conditions have necessitated cost-effective,i.e.,that there are not
<br /> a home would not be considered a cost- upgrades to reservoir infrastructure to significantly superior alternatives that
<br /> effective means for achieving the ensure existing facilities can meet the are available,taking into consideration
<br /> desired level of service and thus would local water needs of a community. the relative costs and benefits of the
<br /> not be a"necessary"investment. The Commenters noted that communities project as compared to those
<br /> provision of bottled water is also not an facing drought may also need to adjust alternatives.
<br /> eligible use of SURF funds under this or enhance reservoirs to maintain This change to the final rule would
<br /> eligible use category,as it is not an adequate water supply. permit a wide variety of projects.324 The
<br /> investment in infrastructure.However, In contrast, several commenters limitation in the final rule to
<br /> bottled water in areas with an action suggested that infrastructure projects rehabilitation of existing dams and
<br /> level exceedance for lead in water may related to dams and reservoirs should reservoirs reflects the scope of the EPA
<br /> be an eligible use of SURF funds under not be considered eligible uses of SURF class deviation referenced above and
<br /> a separate eligible use category for funds. These commenters noted that Treasury's understanding of the
<br /> "remediation of lead paint and other alternate sources of funding exist for significant need for investments in
<br /> lead hazards;" see Assistance to dam and reservoir projects and that rehabilitation to address deterioration of
<br /> Households in Public Health and dams and reservoir infrastructure could dams and the diminished capacity of
<br /> Negative Economic Impacts. result in negative impacts to Tribal reservoirs. Further,Treasury expects
<br /> Water filtration systems are eligible communities and negative that in many cases it would be
<br /> under the EPA grant programs and the environmental impacts,including harm considerably more difficult to
<br /> final rule as long as they are installed as to wildlife habitats. demonstrate that construction of a new
<br /> a permanent part of a facility's system Treasury Response:Treasury dam or reservoir would be necessary for
<br /> and not intended for temporary use. understands that many dams and the purpose of the provision of drinking
<br /> Conducting remediation,follow-up reservoirs in need of rehabilitation are water than is the case for rehabilitation
<br /> monitoring, and conducting public dams and reservoirs whose primary of dams and reservoirs already serving
<br /> education and outreach about the purpose is to provide drinking water.As that purpose for a particular population,
<br /> availability of infrastructure programs, discussed above, SURF funds are particularly given opportunities to meet
<br /> such as water testing and fixture available for projects related to the drinking water needs through water
<br /> replacement programs funded with provision of drinking water. Moreover, reuse and conversation efforts.For these
<br /> SURF funds or otherwise,are also since issuance of the interim final rule, reasons, and given that the relatively
<br /> eligible projects. Finally,recipients the EPA has adopted a class deviation short period of availability of the funds
<br /> should note that"remediation of lead from the DWSRF regulations that makes new dam and reservoir
<br /> paint and other lead hazards" is a permits such dam and reservoir construction with these funds less
<br /> separate eligible use category and a rehabilitation projects in certain likely,Treasury has limited the scope of
<br /> broader range of programs and services circumstances.323 In approving this the final rule to dam and reservoir
<br /> may be eligible under that section, class deviation,the EPA recognized that rehabilitation projects.
<br /> including investments that are not many dams used for drinking water are As discussed above,Treasury has
<br /> infrastructure; see the eligible use for aging and deteriorating and pose a determined that ARPA does not
<br /> "remediation of lead paint and other public health risk to communities;that authorize the use of SURF funds for
<br /> lead hazards" in section Assistance to current dam conditions do not meet uses other than the provision of
<br /> Households in Public Health and state safety standards; and that reservoir drinking water and the management of
<br /> Negative Economic Impacts. capacity has diminished and requires wastewater and storm water.As such,
<br /> Dams and Reservoirs dredging to meet drinking water needs the final rule does not include
<br /> of the existing population. infrastructure projects related to dams
<br /> Public Comment:Many commenters Treasury's final rule provides that and reservoirs as eligible uses of SURF
<br /> requested that Treasury broaden funds may be used for rehabilitation of funds unless they meet the conditions
<br /> eligibilities to include dams and dams and reservoirs if the primary discussed above.
<br /> reservoirs,infrastructure that purpose of the dam or reservoir is for
<br /> commenters noted may in its current drinking water supply and the 324 As noted in the EPA's class deviation,
<br /> state be unsafe and could put rehabilitation project is necessary for examples of dam rehabilitation projects include
<br /> surrounding communities at risk. Some continued provision of drinking water spillway reconstruction or repair;dam resurfacing,
<br /> patching,or other structural repairs,including
<br /> minimal height increases if needed to maintain the
<br /> would help a recipient determine whether an 323 See EPA,Approval of Class Exception from structural integrity of the dam;grouting for seepage
<br /> infrastructure project,such as a lead line the Regulatory Prohibitions on the Use of Drinking control or liquefaction remediation(e.g.,epoxy
<br /> replacement,is necessary.In contrast,as mentioned Water State Revolving Fund for Rehabilitation of resin,asphalt,or rock);repair or replacement of
<br /> above,the costs of continual testing that is part of Dams and Reservoirs(July 14,2021),available at drainage systems;and seismic stability efforts(e.g.,
<br /> a drinking water or wastewater facilities'operating https://www.epa.gov/system/files/documents/2021- anchors).Examples of reservoir rehabilitation
<br /> costs would not be considered part of an 07/dwsrf-class-deviation-dam-reservoir-rehab-2021_ projects include sedimentation dredging and
<br /> infrastructure project. 0.pd f. reservoir lining.
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