NOTICES

PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Clean Water and Drinking Water State Revolving Fund Programs; Federal Fiscal Year 2022 Intended Use Plans; Available for Public Comment

[52 Pa.B. 3300]
[Saturday, June 4, 2022]

 The Pennsylvania Infrastructure Investment Authority (PENNVEST) and the Department of Environmental Protection (Department) have prepared the Federal Fiscal Year (FFY) 2022 Intended Use Plans (IUP). The IUPs demonstrate the Commonwealth's plan to utilize the State Revolving Funds (SRF) and it includes detailed information that shows how the SRF program is intended to be implemented. These IUPs include a list of drinking water, wastewater treatment, 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 2022. The DWSRF includes the Base Grant funds as well as new supplement Grant funds made available through the FFY 2022 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 2022 Bipartisan Infrastructure Law (BIL) Grants—General Supplemental, Lead Service Line Replacement and Emerging Contaminants and the appropriate State match funds. The CWSRF includes the Base Grant funds as well as new supplement Grant fund made available through the FFY 2022 Federal appropriation under Title VI of the Water Quality Act of 1987 including appropriate State match funds and principal, interest and investment income. In addition, the IUP also applies to the FFY 2022 BIL Grants—General Supplemental and 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—1388). 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. Projects listed in the FY 2022 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 must appear on a PENNVEST-approved IUP before it can receive a loan or grant from the State Revolving Fund programs. A project's readiness to proceed and the reasonable availability of alternative funds also have a bearing on 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 $199.8 million in Federal funds and $12.3 million in State funds. Approximately $54.0 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 $8.5 million for administrative purposes. Finally, an approximated maximum of $102.5 million may be set-aside for additional subsidization to disadvantaged communities. The FFY 2022 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 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 $137.1 million in Federal funds and approximately $19.6 million in State funds. Approximately $1 million will be set aside for the Onlot Sewage Disposal Program. Finally, an approximated maximum of $69 million may be set aside for additional subsidization to disadvantaged communities and approximately $6.3 million must be set aside for 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 by contacting Jay Patel, Division of Municipal Facilities, at (717) 787-5017 or 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.''

 Interested persons may submit comments on the narrative portion of the IUPs, the PPLs and the DWSRF set-aside work plan to the Department through Tuesday, July 5, 2022. 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 or by e-mail to ecomment@pa.gov. Written comments can be 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) 783-6589
(877) 787-8137

PATRICK McDONNELL, 
Secretary
Department of Environmental Protection
Vice Chairperson
Pennsylvania Infrastructure Investment Authority

BRION JOHNSON, 
Executive Director
Pennsylvania Infrastructure Investment Authority

[Pa.B. Doc. No. 22-838. Filed for public inspection June 3, 2022, 9:00 a.m.]

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