NOTICES

PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Clean Water and Drinking Water State Revolving Fund Programs; Federal Fiscal Year 2023 Intended Use Plans; Available For Public Comment

[53 Pa.B. 3057]
[Saturday, June 3, 2023]

 The Pennsylvania Infrastructure Investment Authority (PENNVEST) and the Department of Environmental Protection (Department) have prepared the Federal Fiscal Year (FFY) 2023 Intended Use Plans (IUP). The IUPs demonstrate the Commonwealth's plan to utilize the State Revolving Funds (SRF) and includes detailed information that illustrate the intended implementation for the SRF program. These IUPs include a list of drinking water, wastewater, nonpoint source and pollution abatement projects to be considered for a design and engineering or construction loan or grant from funds the Commonwealth expects to receive from the United States Environmental Protection Agency (EPA) through the Drinking Water State Revolving Fund (DWSRF) and Clean Water State Revolving Fund (CWSRF) programs for FFY 2023. The DWSRF program includes the Base Grant funds as well as supplemental Grant funds made available through the FFY 2023 Federal appropriation, under the Federal Safe Drinking Water Act (42 U.S.C.A. §§ 300f—300j-27) including appropriate State match funds and principal, interest and investment income. In addition, the IUP also applies to the FFY 2023 Bipartisan Infrastructure Law (BIL) Grants—General Supplemental, Lead Service Line Replacement and Emerging Contaminants and the appropriate State match funds. The CWSRF program includes the Base Grant funds as well as supplemental Grant funds made available through the FFY 2023 Federal appropriation under Title VI of the Water Quality Act of 1987 (33 U.S.C.A. §§ 1381—1389) including appropriate State match funds and principal, interest and investment income. In addition, the IUP also applies to the FFY 2023 BIL Grants—General Supplemental, Emerging Contaminants and the appropriate State match funds.

 The projects to be considered for a loan or grant from the DWSRF and CWSRF programs must meet the Federal requirements for funding in accordance with the Federal Safe Drinking Water Act and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1389). Accordingly, the projects included in the IUPs are expected to meet the requirements applicable to the use of the DWSRF and CWSRF loan or grant funds. A project must appear on a PENNVEST-approved IUP before it can receive a loan or grant from the SRF programs. Projects listed in the FFY 2023 IUPs are on the Commonwealth's Project Priority Lists (PPL) and are expected to proceed with design and engineering or construction within the next 2 years. A project's readiness to proceed and the reasonable availability of alternative funds also impact project selection for the IUPs. Consequently, the rank ordered list of projects on the PPLs does not solely dictate the order in which projects will be chosen for inclusion in an IUP.

 The DWSRF will be capitalized with an approximated maximum of $266.2 million in Federal funds ($265.9 million for FFY 2023 and $316,000 from a FFY 2021 reallocation) and $10.2 million of State funds. Approximately $10.8 million of these funds will be set aside for technical assistance to small systems, operator training and certification, and source water assessment and protection, as authorized under the Federal Safe Drinking Water Act. The DWSRF IUP also includes a narrative work plan that describes how these set-aside funds will be used. PENNVEST is also allocating $10.6 million for administrative purposes. Finally, approximately $137.9 million will be set-aside as additional subsidy for primarily disadvantaged communities. The FFY 2023 DWSRF grant does not have a requirement to set aside funding for green infrastructure projects. However, the Commonwealth will continue to promote green infrastructure projects that meet the EPA criteria for green infrastructure and can fall into one or more of the following four categories: (1) water efficiency; (2) energy efficiency; (3) environmentally innovative; and (4) green stormwater infrastructure.

 The CWSRF will be capitalized with an approximated maximum of $120.7 million in Federal funds and approximately $14.1 million in State funds. Approximately $1 million will be set aside for the Onlot Sewage Disposal Program. An approximated maximum of $54.8 million will be set aside as additional subsidy for primarily disadvantaged communities. Finally, a goal has been set to identify a minimum of $12.0 million of green infrastructure projects that meet the EPA criteria for green infrastructure and can fall into one or more of four categories: (1) water efficiency; (2) energy efficiency; (3) environmentally innovative; and (4) green stormwater infrastructure.

 A copy of the IUPs, ranking frameworks, the PPLs and the DWSRF set-aside work plan may be obtained through the Department's web site at www.dep.pa.gov/Business/Water/CleanWater/InfrastructureFinance. The link to these documents is on the right-hand side of the page under ''State Revolving Fund Intended Use Plan,'' or by contacting Jay Patel, Division of Municipal Facilities, at (717) 787-5017.

 Interested persons may submit comments to the Department on the narrative portion of the IUPs, the PPLs and the DWSRF set-aside work plan through Monday, July 3, 2023. Comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment. Written comments can be submitted by e-mail to ecomment@pa.gov or mailed to the Policy Office, Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA 17105-2063. Use ''Clean Water and Drinking Water State Revolving Funds'' as the subject line in written communication.

Department of Environmental Protection
Bureau of Clean Water
Division of Municipal Facilities
P.O. Box 8774
Rachel Carson State Office Building
400 Market Street, 11th Floor
Harrisburg, PA 17101-8774
(717) 787-5017

PENNVEST
333 Market Street, 18th Floor
Harrisburg, PA 17101-2210
(717) 783-4493
(877) 787-8137

RICHARD NEGRIN, 
Acting Secretary
Department of Environmental Protection
Vice Chairperson
Pennsylvania Infrastructure Investment Authority

ROBERT BOOS, 
Executive Director
Pennsylvania Infrastructure Investment Authority

[Pa.B. Doc. No. 23-742. Filed for public inspection June 2, 2023, 9:00 a.m.]

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