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| 66.432 STATE PUBLIC WATER SYSTEM SUPERVISION |
| FEDERAL AGENCY |
| OFFICE OF WATER, ENVIRONMENTAL PROTECTION AGENCY |
| AUTHORIZATION |
| Public Health Service Act, as amended; Safe Drinking Water Act of 1974, Public Law 93-523, as amended; Public Law 95-190; Public Law 96-16; Public Law 96-502; Safe Drinking Water Act Amendments of 1986; Safe Drinking Water Act Amendments of 1996, Public Law 104-182. |
| OBJECTIVES |
| The objective of these grants is to provide financial assistance to eligible States and Tribes (those that have Primary Enforcement Responsibility for the Public Water System Supervision Program, or are developing such a program), for the conduct of their Public Water Systems Supervision (PWSS) Program. In cases where a State or a Tribe do not have, or are not developing, a Primary Enforcement Responsibility program, EPA is authorized to use funds that would have otherwise been made available to the State or the Tribe to assist it in direct implementation of the PWSS program. The fundamental goal of the PWSS Program, and the grants, is to ensure that water systems comply with the National Primary Drinking Water Regulations listed in 40 CFR 141 (http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr141_02.html). States, territories, and Indian Tribes that receive PWSS grants are to use them to ensure that drinking water systems, of all types, and of all sizes: (1) that are currently in compliance with the drinking water regulations, remain in compliance, (2) that are not currently in compliance, achieve compliance, and (3) are preparing to comply with any new drinking water regulation that will be taking effect in FY 06. Funding Priority - Fiscal Year 2008: The priority for the PWSS grants is to ensure that the population served by community water systems will receive drinking water that meets all applicable health-based drinking water standards. The primary components of a State or Tribal PWSS program are: the adoption of State drinking water regulations as stringent as the Federal regulations; the development and maintenance of an inventory of public water systems throughout the State; the development and maintenance of a database housing compliance information on public water systems; the conduct of sanitary surveys on the public water systems; the review of public water system plans and specifications; the provision of technical assistance to system managers and operators; a program to ensure that the public water systems keep their consumers informed about the quality of the water they are providing; the certification of laboratories that are allowed to perform the analysis of drinking water that will be used to determine compliance with the drinking water regulations; and the conduct of an enforcement program to ensure that the public water systems comply with all of the requirements. Funding Priority - Fiscal Year 2009: The priority for the PWSS grants is to ensure that the population served by community water systems will receive drinking water that meets all applicable health-based drinking water standards. The primary components of a State or Tribal PWSS program are: the adoption of State drinking water regulations as stringent as the Federal regulations; the development and maintenance of an inventory of public water systems throughout the State; the development and maintenance of a database housing compliance information on public water systems; the conduct of sanitary surveys on the public water systems; the review of public water system plans and specifications; the provision of technical assistance to system managers and operators; a program to ensure that the public water systems keep their consumers informed about the quality of the water they are providing; the certification of laboratories that are allowed to perform the analysis of drinking water that will be used to determine compliance with the drinking water regulations; and the conduct of an enforcement program to ensure that the public water systems comply with all of the requirements. |
| TYPES OF ASSISTANCE |
| Formula Grants. |
| USES AND USE RESTRICTIONS |
| The funds are to be used to develop and implement a public water system supervision program adequate to enforce the requirements of the Safe Drinking Water Act. Assistance agreement awards under this program may involve or relate to geospatial information. Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov. |
| Applicant Eligibility |
| Eligibility is limited to the governments of the fifty States; the District of Columbia; the Commonwealth of Puerto Rico; the Northern Mariana Islands; the Virgin Islands; Guam; American Samoa; and federally recognized Tribes, that have either assumed primary enforcement responsibility for the PWSS Program or that want to develop a program that will allow them to seek delegation for a PWSS Program. EPA may also use funds allotted for a State or Tribal program, if the State or Tribe does not have, or is not developing, primary enforcement responsibility. Eligibility is also limited to a single agency within each State, Territory, or Tribe - an agency that has been designated by the jurisdiction's Governor or Chief Executive Officer. Primary Enforcement Responsibility for the Public Water System Supervision Program is provided for in 40 CFR 142 (http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr142_02.html). |
| Beneficiary Eligibility |
| The beneficiaries are the agencies within the fifty States; the District of Columbia; the Commonwealth of Puerto Rico; the Northern Mariana Islands; the Virgin Islands; Guam; American Samoa; and federally recognized Tribes, that have been designated by the jurisdiction's Governor or Chief Executive Officer as being responsible for the supervision of water supplies within the State, Territory, or Tribe. |
| Credentials/Documentation |
| Costs will be determined in accordance with OMB Circular No. A-87 for State, local, and Tribal Governments. |
| Preapplication Coordination |
| The standard application forms as furnished by the Federal agency and required by OMB Circular No. A-102 must be used for this program. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. |
| Application Procedure |
| The grant application, including a Program Plan, must be submitted to the appropriate EPA Regional Administrator. The standard application forms, as furnished by the Federal agency and required by OMB Circular No. A-102, must be used for this program. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants and Interagency Agreements Management Division, 1200 Pennsylvania Avenue, N.W., Mailcode (3903R), Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. Additional information on the EPA grant package can be found at: http://www.epa.gov/ogd/grants/how_to_apply.htm. |
| Award Procedure |
| The grant application and Program Plan are reviewed by the appropriate EPA Regional Office, and if approved, are signed by the Regional Administrator, who then awards the funds to the recipient. |
| Deadlines |
| Applications must be submitted 60 days before the beginning of the agreed upon budget period. |
| Range of Approval/Disapproval Time |
| Maximum of 60 days. |
| Appeals |
| Disputes will be resolved under 40 CFR Parts 30.63 or 40 CFR Part 31.70, as applicable. |
| Renewals |
| None. |
| Formula and Matching Requirements |
| State allotments are computed through use of a formula, as prescribed in Public Law 93-523 Section 1443 (a)(3) and (a)(4), 40 CFR 35.172. Funds appropriated each year are allotted on the basis of: (a) State, Territory, or Tribal population (20 percent) as contained in the most currently available (published) U.S. Census Bureau data; (b) State, Territory, or Tribal geographical area (10 percent) as contained in the most currently available (published) U.S. Census Bureau data; (c) the number of active community and non-transient non-community water systems being regulated by the State, Territory, or Tribe that are on record in EPA's data system (56 percent); and (d) the number of active transient non-community water systems being regulated by the State, Territory, or Tribe that are on record in EPA's data system (14 percent). All States, the District of Columbia, and Puerto Rico are eligible for a minimum of $334,500 (which is equal to 1 percent of the FY 1989 PWSS Program appropriation). The American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands are eligible for a minimum of $111,500 (which is equal to 1/3 percent of the FY 1989 PWSS Program appropriation). Up to seven percent of the amount appropriated for the PWSS Program is set-aside to support Public Water System Supervision programs on Indian lands (including grants to Tribes) in accordance with EPA Grant Regulations. The formula factors of population and land area are statutory. The other factors, and all of the weightings, are Agency imposed. Federal assistance is limited to 75 percent of total, eligible program costs. |
| Length and Time Phasing of Assistance |
| Annual grants. There is no restriction placed upon the time permitted to spend the award. Awards are released through letters of credit or reimbursement. |
| Reports |
| Annual onsite evaluation, and final financial and progress reports, are required, as set forth in the grant agreement. |
| Audits |
| Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year. In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single or a program-specific audit conducted for that year. Non-federal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular No. A-133. |
| Records |
| Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of submission of the annual financial status report or until any audit exceptions have been resolved. |
| Account Identification |
| 68-0103-0-1-304; STAG. |
| Obligations |
| FY 07 $75,277,707; FY 08 est. $97,554,000; and FY 09 est. $97,595,000. |
| Range and Average of Financial Assistance |
| $123,000 to $6,055,900/fiscal year; $1,642,027/fiscal year. |
| PROGRAM ACCOMPLISHMENTS |
| During FY 07 and FY 08, 30 States, one territory, and four Indian Tribe were awarded primacy or primacy development grants under the PWSS Program. Similar award statistics are anticipated for FY 08. The majority of the grant funds were used for State, territorial, or Tribal governmental salaries to allow the governments to: develop and maintain State drinking water regulations; develop and maintain an inventory of public water systems throughout the State; develop and maintain a database housing compliance information on public water systems; conduct sanitary surveys on the public water systems; review public water system plans and specifications to ensure systems meet State design standards; provide technical assistance and training to water system managers and operators to ensure they are knowledgeable of the State requirements and best treatment and operation practices; conduct of a program to ensure that the public water systems keep their consumers informed about the quality of the water they are providing; inspect and certify laboratories that are allowed to perform the analysis of drinking water that will be used to determine compliance with the drinking water regulations; and conduct an enforcement program to ensure that the public water systems comply with all of the requirements. States, territories, and Tribes also use the grant funds to upgrade and maintain the data systems that are used to store and track information on public water systems. In FY 09, grants will continue to focus on supporting projects to achieve the objective of protecting human health by reducing exposure to contaminants in drinking water, including protecting source waters. |
| REGULATIONS, GUIDELINES, AND LITERATURE |
| Financial Assistance for Continuing Environmental Programs (40 CFR 35, Subpart A); General Grant Regulations and Procedures (40 CFR Part 30). |
| Regional or Local Office |
| Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog. |
| Headquarters Office |
| Renee Morris, Office of Ground Water and Drinking Water (4606M), Office of Water, Environmental Protection Agency, Washington, DC 20460. Telephone: (202) 564-8037; Fax: (202) 564-3755; E-mail: morris.renee@epa.gov; Alternate; Will Bowman, Office of Ground Water and Drinking Water (4604M), Office of Water, Environmental Protection Agency, Washington, DC 20460. Telephone: (202) 564-3782; Fax: (202) 564-3755; E-mail: bowman.will@epa.gov. |
| Web Site Address |
| http://www.epa.gov/safewater/pws/pwsgrant.html |
| RELATED PROGRAMS |
| 66.433, State Underground Water Source Protection; 66.468, Capitalization Grants for Drinking Water State Revolving Fund. |
| EXAMPLES OF FUNDED PROJECTS |
| Funding has been awarded to each of the 49 States, five territories, and one Indian Tribe that has primary enforcement responsibility for the PWSS Program. The grants were used by these governments, primarily for governmental salaries to: develop State drinking water regulations, inventory drinking water systems, manage information on public water systems, ensure public participation regarding drinking water systems, provide technical assistance to public water systems, and enforce drinking water quality standards. |
| CRITERIA FOR SELECTING PROPOSALS |
| (1) Adequacy of State's annual program plan for the adoption and enforcement of drinking water regulations which are no less stringent than the national primary drinking regulations. (2) Designation of a State agency to receive the grant and be responsible for conducting the public water system supervision program. (3) Compliance with requirements of 40 CFR 30 and 40 CFR 35. |
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General Services Administration Office of Chief Acquisition Officer Regulatory and Federal Assistance Division (VIR) |
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