[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47205-47209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16866]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2020-0282; FRL-10012-44-OW]
State Formula Allocations for Sewer Overflow and Stormwater Reuse
Grants
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; request for information.
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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
proposed allotment formula for the Sewer Overflow and Stormwater Reuse
Municipal Grants Program as required by the Clean Water Act. EPA is
required to establish a formula to allocate proportional shares of the
amount appropriated to state entities to fund actions that will help
manage combined sewer overflows, sanitary sewer overflows, and
stormwater. EPA was directed to develop a formula based on the relevant
infrastructure needs submitted in the latest Clean Watersheds Needs
Survey along with additional information considered appropriate by the
EPA Administrator. A summary of the formula is included in this
document. This document announces that EPA is seeking feedback from the
public on the formula.
DATES: Comments on these items must be received on or before September
3, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2020-0282, by the following method:
Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the online instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this notification. Comments received may be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the section of this document.
Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For additional information, please
contact Michael Goralczyk, Office of Water (Mail Code 4204M),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number: 202-564-7347; or email:
[email protected] (preferred).
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Background
III. Statutory Language for the Allotment Formula
IV. Proposed Allotment Formula
V. Data Sources for the Proposed Allotment Formula
VI. Request for Public Comment
I. Public Participation
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0282, at https://www.regulations.gov/. Once submitted, comments cannot
be edited or removed from the docket. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The
Agency will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
EPA is temporarily suspending its Docket Center and Reading Room
for public visitors, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via https://www.regulations.gov as there may
be a delay in processing mail and faxes. Hand deliveries or couriers
will be
[[Page 47206]]
received by scheduled appointment only. For further information and
updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention, local area health
departments, and our Federal partners so that we can respond rapidly as
conditions change regarding COVID-19.
II. Background
The America's Water Infrastructure Act (AWIA) of 2018 aims to
improve water quality, expand infrastructure investments, enhance
public health, increase jobs, and bolster the economy. Section 4106 of
the AWIA amended Section 221 of the Clean Water Act (CWA) to re-
authorize the Sewer Overflow and Stormwater Reuse Municipal Grants
Program. This amended statute directs EPA to award grants to the
states, the District of Columbia, and U.S. territories (collectively
referred to as ``states'') for the purpose of providing grants to a
municipality or municipal entity for planning, design, and construction
of:
1. Treatment works to intercept, transport, control, treat, or
reuse municipal combined sewer overflows (CSOs), sanitary sewer
overflows (SSOs), or stormwater; and
2. any other measures to manage, reduce, treat, or recapture
stormwater or subsurface drainage water.
III. Statutory Language for the Allotment Formula
According to the CWA, funds appropriated for this program shall be
allocated to the states according to their total proportional needs for
municipal CSOs, SSOs, and stormwater as identified in the most recent
Clean Watersheds Needs Survey (CWNS) and any other additional
information considered appropriate by the EPA Administrator. This is
described in Section 221(g)(2) of the CWA:
``the Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2020 and each fiscal year thereafter
for making grants to States under subsection (a)(1) in accordance
with a formula to be established by the Administrator, after
providing notice and an opportunity for public comment, that
allocates to each State a proportional share of such amounts based
on the total needs of the State for municipal combined sewer
overflow controls, sanitary sewer overflow controls, and stormwater
identified in the most recent detailed estimate and comprehensive
study submitted pursuant to section 516 of this title and any other
information the Administrator considers appropriate.''
The CWNS includes documented infrastructure needs. However, the
most recent CWNS in 2012 did not include complete CSO, SSO, and
stormwater infrastructure needs for every state and territory. In order
to equitably allocate appropriated funds based on existing
infrastructure needs, as directed in the amended Section 221 of the
CWA, it is appropriate to include additional factors to fully
characterize needs for CSOs, SSOs, and stormwater management. EPA
consulted with state representatives and EPA regional coordinators
experienced in managing EPA grants at the state level on a series of
supplemental factors. With the feedback of these partners, EPA selected
three additional factors based on the common availability of data
across the states and the ability of these factors to serve as
surrogates for CSO, SSO, and stormwater infrastructure needs. The three
additional proposed factors are annual average precipitation, total
population, and urban population. The rationale for these additional
factors includes the following:
(1) Annual average precipitation is a proposed factor because
higher amounts of precipitation lead to greater CSO, SSO, and
stormwater infrastructure needs to manage greater flows.
(2) Total population is a proposed factor because the larger the
population of a state, the more infrastructure is generally required to
serve them.
(3) Urban population is a proposed factor because there are
relatively higher CSO, SSO, and stormwater infrastructure needs in
urban environments from increased impervious surfaces, which generate
increased wet weather flows during precipitation events.
When combined with the needs determined in the CWNS, these three
proposed factors improve the representation of the CSO, SSO, and
stormwater infrastructure needs in each state. This collective approach
for assessing CSO, SSO, and stormwater infrastructure needs is the
basis for this proposal on how to derive an allocation formula for
appropriating funds for this program.
IV. Proposed Allotment Formula
EPA is proposing to use the following methodology to allocate
appropriated funds to the states for the Sewer Overflow and Stormwater
Reuse Municipal Grant Program. A graphical depiction of the methodology
is shown in Figure 1.
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[GRAPHIC] [TIFF OMITTED] TN04AU20.000
Proposed Methodology
1. Reserve 1% of the federal appropriation for EPA's administrative
expenses per Section 221(h) of the CWA.
2. Allocate 0.5% of the remaining amount (federal appropriation
minus EPA administrative set-aside) to each state to represent the
``minimum state allocation.''
3. Allocate the remaining amount (federal appropriation minus EPA
administrative set-aside and minimum state allocation) based on several
factors to characterize the ``need allocation'' of each state. In
addition to the most recent CWNS and as allowed by Section 221(g)(2) of
the CWA, EPA chose additional objective factors to help characterize
the infrastructure needs of each state. EPA assigned weights to each of
the factors in the allocation formula. The CWNS needs are weighted at
50% and the additional factors are weighted evenly to collectively
account for the remaining 50%. The combination of the following factors
forms the need allocation for each state.
[ssquf] Clean Watersheds Needs Survey: This factor is included as
the statute directs EPA to use the needs survey submitted pursuant to
Section 516 of the CWA. EPA will use the latest available CWNS
information that provides a comprehensive assessment of CSOs, SSOs, and
stormwater infrastructure needs. This factor represents 50% of the need
allocation as these needs were directly identified in the survey.
[ssquf] Annual Average Precipitation: This factor is included to
account for the volume of annual precipitation a state receives which
suggests the amount of stormwater runoff that needs to be managed. This
factor represents 16.67% of the need allocation.
[ssquf] Total Population: This factor is included to represent the
proportional need of each state's population size acknowledging that
higher populations generally have greater infrastructure needs. This
factor represents 16.67% of the need allocation.
[ssquf] Urban Population: This factor is included to represent the
needs that urban centers have for CSOs, SSOs, and stormwater management
due to high concentrations of impervious surfaces. This factor
represents 16.67% of the need allocation.
4. For each state, the minimum state allocation and the need
allocation are combined to equal the final state allocation.
V. Data Sources for the Proposed Allotment Formula
[ssquf] Clean Watersheds Needs Survey: The CWNS includes and
documents identified capital investment needs for Sanitary Sewer
Overflow Correction (Categories I-IV where states have shown a
designated SSO need), Combined Sewer Overflow Correction (Category V),
and Stormwater Management (Category VI). Information for this factor
will be taken from the most recent published CWNS \1\ and will be
updated accordingly.
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\1\ Clean Watersheds Need Survey 2012 Report to Congress,
January 2016. https://www.epa.gov/cwns/clean-watersheds-needs-survey-cwns-2012-report-and-data.
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[ssquf] Annual Average Precipitation: The proposed precipitation
factor for each state is the annual average amount of precipitation
collected from the past 10 years of data from the National
Oceanographic and Atmospheric Association (NOAA) National Centers for
Environmental Information, Climate at a Glance: Statewide Time Series.
These data will be updated annually to form a 10-year rolling
average.\2\ Due to
[[Page 47208]]
data limitations, alternative data sources are proposed to be used for
the following states:
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\2\ NOAA National Centers for Environmental information, Climate
at a Glance: Statewide Time Series, accessed April 2020, https://www.ncdc.noaa.gov/cag/statewide/time-series.
--Hawaii: The past 10 years of data for annual average precipitation
will be collected from the Hilo Area, Honolulu Area, Kahului Area, and
Lihue Area from the Honolulu Forecast Office of NOAA.\3\ These sources
constitute the most complete data set in the relevant timeframe and are
considered the best available representation for Hawaii.
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\3\ NOAA, Honolulu Forecast Office, Hilo Area, Honolulu Area,
Kahului Area, and Lihue Area Data, https://w2.weather.gov/climate/xmacis.php?wfo=hnl.
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--District of Columbia: The past 10 years of data for annual average
precipitation will be collected from the Washington Area from the
Baltimore/Washington Forecast Office of NOAA. This is the most complete
data set in the relevant timeframe and is considered the best available
representation for the District of Columbia.\4\
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\4\ NOAA, Baltimore/Washington Forecast Office, Washington Area
Data, https://w2.weather.gov/climate/xmacis.php?wfo=lwx.
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--Puerto Rico: The past 10 years of data for annual average
precipitation will be collected from the San Juan Area and Ensenada and
Morovis weather stations from the San Juan Forecast Office of NOAA.
These sources constitute the most complete data set in the relevant
timeframe and are considered the best available representation for
Puerto Rico.\5\
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\5\ NOAA, San Juan Forecast Office, San Juan Area and Ensenada,
and Morovis Weather Station Data. https://w2.weather.gov/climate/xmacis.php?wfo=sju.
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--American Samoa: The past 10 years of data for annual average
precipitation will be collected from the Pago Pago Area from the Pago
Pago Forecast Office of NOAA. This is the most complete data set in the
relevant timeframe and is considered the best available representation
for American Samoa.\6\
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\6\ NOAA, Pago Pago Forecast Office, Pago Pago Area Data,
https://w2.weather.gov/climate/xmacis.php?wfo=samoa.
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--Guam: The past 10 years of data for annual average precipitation will
be collected from the Guam Area from the Tiyan Forecast Office of NOAA.
This is the most complete data set in the relevant timeframe and is
considered the best available representation for Guam.\7\
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\7\ NOAA, Tivan Forecast Office, Guam Area Data, https://w2.weather.gov/climate/xmacis.php?wfo=guam.
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--Northern Mariana Islands: The past 10 years of data for the annual
average precipitation will be collected from the Guam Area from the
Tiyan Forecast Office of NOAA. There are no available weather stations
in the Northern Mariana Islands. However, the Northern Mariana Islands
are covered by the Tiyan Forecast Office and Guam is located
approximately 130 miles away. It has been determined that data from the
Guam Area can be considered an acceptable surrogate for precipitation
amounts in the Northern Mariana Islands.\8\
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\8\ Ibid.
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--U.S. Virgin Islands: The past 10 years of data for the annual average
precipitation will be collected from the Christiansted Airport and St.
Thomas weather stations from the San Juan Forecast Office of NOAA.
These sources constitute the most complete data set in the relevant
timeframe and are considered the best available representation for the
U.S. Virgin Islands.\9\
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\9\ NOAA, San Juan Forecast Office, Christiansted Airport and
St. Thomas Weather Station Data, https://w2.weather.gov/climate/xmacis.php?wfo=sju.
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[ssquf] Total Population: Data for the proposed total population
factor will be from the most recent published U.S. Census Bureau
decennial census. The initial allocation will be based on the 2010 U.S.
Census and will be updated accordingly.
--The states, the District of Columbia, and Puerto Rico population data
will be taken from the U.S. Census Bureau State Population Totals and
Components of Change.\10\
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\10\ U.S. Census Bureau, State Population Totals and Components
of Change 2010-2019, https://www.census.gov/data/tables/time-series/demo/popest/2010s-state-total.html.
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--American Samoa, Guam, Northern Mariana Islands, and U.S. Virgin
Islands population data will be taken from the U.S. Census Bureau
Island Area Tables.\11\
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\11\ U.S. Census Bureau, 2010 Island Area Tables, https://www.census.gov/data/tables/2010/dec/2010-island-areas.html.
[ssquf] Urban Population: The proposed urban population factor for
each state will be based on the available data from the most recent
U.S. Census Bureau decennial census.\12\ The initial formula will be
based on the 2010 U.S. Census and data will be updated as future
decennial censuses are published. Urban population estimates for
American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin
Islands are not available through the Census. The following alternative
data sources will be used and updated as needed.
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\12\ U.S. Census Bureau, Census Urban and Rural Classification
and Urban Area Criteria, https://www.census.gov/programs-surveys/geography/guidance/geo-areas/urban-rural/2010-urban-rural.html.
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--American Samoa: Data from the Central Intelligence Agency World
Factbook will be used. The percentage of the total population
considered to be urban (currently 87.2%) will be multiplied by the
total population.\13\
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\13\ Central Intelligence Agency, World Factbook, American
Samoa, https://www.cia.gov/library/publications/the-world-factbook/geos/aq.html.
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--Guam: Data from the Central Intelligence Agency World Factbook will
be used. The percentage of the total population considered to be urban
(currently 94.9%) will be multiplied by the total population.\14\
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\14\ Central Intelligence Agency, World Factbook, Guam, https://www.cia.gov/library/publications/the-world-factbook/geos/gq.html.
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--Northern Mariana Islands: Data from the Central Intelligence Agency
World Factbook will be used. The percentage of the total population
considered to be urban (currently 91.8%) will be multiplied by the
total population.\15\
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\15\ Central Intelligence Agency, World Factbook, Northern
Mariana Islands, https://www.cia.gov/library/publications/the-world-factbook/geos/cq.html.
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--U.S. Virgin Islands: Data from the Central Intelligence Agency World
Factbook will be used. The percentage of the total population
considered to be urban (currently 95.9%) will be multiplied by the
total population.\16\
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\16\ Central Intelligence Agency, World Factbook, U.S. Virgin
Islands, https://www.cia.gov/library/publications/the-world-factbook/geos/vq.html.
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VI. Request for Public Comment
It is important to EPA that its programs respond to the water
quality needs of communities around the country. EPA seeks to ensure
that the development of its grant programs complies with the applicable
statutory language and legislative intent. EPA developed the proposed
allotment formula for the Sewer Overflow and Stormwater Reuse Municipal
Grants Program to best address CSO, SSO, and stormwater needs for each
state as determined by the data from the latest CWNS and additional
relevant factors. EPA is requesting comment on the methodology of this
proposed allotment formula including the factors and data used in
determining CSO, SSO, and stormwater infrastructure needs. Feedback on
ways to more holistically assess CSO, SSO, and stormwater needs will be
appreciated and evaluated for the initial and future formulas. EPA is
also seeking input on the collection method, frequency, and source of
the information used for the proposed allotment formula. EPA seeks to
balance any burden the collection would impose on the public with the
benefit the
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information would provide to the Agency in making allocations to the
states under the Sewer Overflow and Stormwater Reuse Municipal Grants
Program.
David Ross,
Assistant Administrator, Office of Water.
[FR Doc. 2020-16866 Filed 8-3-20; 8:45 am]
BILLING CODE 6560-50-P