State Formula Allocations for Sewer Overflow and Stormwater Reuse Grants, 47205-47209 [2020-16866]
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices
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Dated: July 21, 2020.
Matthew Tejada,
Director for the Office of Environmental
Justice.
[FR Doc. 2020–16882 Filed 8–3–20; 8:45 am]
BILLING CODE 6560–50–P
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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
Environmental Protection
Agency (EPA).
ACTION: Notice; request for information.
AGENCY:
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.
SUMMARY:
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
ADDRESSES:
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47205
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: Goralczyk.Michael@epa.gov
(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
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Federal Register / Vol. 85, No. 150 / Tuesday, August 4, 2020 / Notices
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.
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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
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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
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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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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.
D 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
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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.
D 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.
D 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.
D 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.
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V. Data Sources for the Proposed
Allotment Formula
D 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.
D 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
1 Clean Watersheds Need Survey 2012 Report to
Congress, January 2016. https://www.epa.gov/cwns/
clean-watersheds-needs-survey-cwns-2012-reportand-data.
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.
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Proposed Methodology
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data limitations, alternative data sources
are proposed to be used for the
following states:
—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.
—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
—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
—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
—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
—Northern Mariana Islands: The past
10 years of data for the annual average
precipitation will be collected from
3 NOAA, Honolulu Forecast Office, Hilo Area,
Honolulu Area, Kahului Area, and Lihue Area Data,
https://w2.weather.gov/climate/
xmacis.php?wfo=hnl.
4 NOAA, Baltimore/Washington Forecast Office,
Washington Area Data, https://w2.weather.gov/
climate/xmacis.php?wfo=lwx.
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.
6 NOAA, Pago Pago Forecast Office, Pago Pago
Area Data, https://w2.weather.gov/climate/
xmacis.php?wfo=samoa.
7 NOAA, Tivan Forecast Office, Guam Area Data,
https://w2.weather.gov/climate/
xmacis.php?wfo=guam.
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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
—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
D 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
—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
D 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
8 Ibid.
9 NOAA, San Juan Forecast Office, Christiansted
Airport and St. Thomas Weather Station Data,
https://w2.weather.gov/climate/
xmacis.php?wfo=sju.
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.
11 U.S. Census Bureau, 2010 Island Area Tables,
https://www.census.gov/data/tables/2010/dec/2010island-areas.html.
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-urbanrural.html.
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sources will be used and updated as
needed.
—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
—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
—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
—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
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
13 Central Intelligence Agency, World Factbook,
American Samoa, https://www.cia.gov/library/
publications/the-world-factbook/geos/aq.html.
14 Central Intelligence Agency, World Factbook,
Guam, https://www.cia.gov/library/publications/
the-world-factbook/geos/gq.html.
15 Central Intelligence Agency, World Factbook,
Northern Mariana Islands, https://www.cia.gov/
library/publications/the-world-factbook/geos/
cq.html.
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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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
FEDERAL COMMUNICATIONS
COMMISSION
[GN Docket No. 18–122, IB Docket No. 20–
205; DA 20–802; FRS 16974]
Wireless Telecommunications Bureau
Releases Final Cost Category
Schedule for 3.7–4.2 GHz Band
Relocation Expenses and Announces
Process and Deadline for Lump Sum
Elections
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document, the
Wireless Telecommunications Bureau
(Bureau) releases the 3.7 GHz Transition
Final Cost Category Schedule of
Potential Expenses and Estimated Costs,
announces the optional lump sum
payment amounts for which incumbent
Fixed Satellite Service earth station
operators are eligible, and details the
process and deadline for electing to
receive lump sum payments.
DATES: Optional Lump Sum Elections
are due August 31, 2020.
ADDRESSES: You may submit elections,
identified by IB Docket No. 20–205, by
any of the following methods:
• Electronic Filers: Elections may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/ in docket number IB 20–205.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.U.S.
• Postal Service first-class, Express,
and Priority mail must be addressed to
445 12th Street SW, Washington, DC
20554.
• Effective March 19, 2020, and until
further notice, the Commission no
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SUMMARY:
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longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
• During the time the Commission’s
building is closed to the general public
and until further notice, if more than
one docket or rulemaking number
appears in the caption of a proceeding,
paper filers need not submit two
additional copies for each additional
docket or rulemaking number; an
original and one copy are sufficient.
FOR FURTHER INFORMATION CONTACT:
Susan Mort, Wireless
Telecommunications Bureau, at
Susan.Mort@fcc.gov or 202–418–2429.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document (Public Notice), GN Docket
No. 18–122, IB Docket No. 20–205; DA
20–802, released on July 30, 2020. The
complete text of this document and the
attached Cost Catalog is available on the
Commission’s website at https://
www.fcc.gov/document/wtb-releasesfinal-c-band-cost-category-and-lumpsum-public-notice or by using the search
function for GN Docket No. 18–122 or
IB Docket No. 20–205 on the
Commission’s ECFS web page at
www.fcc.gov/ecfs.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
elections on or before the date indicated
on the first page of this document.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Synopsis
With the Public Notice, the Wireless
Telecommunications Bureau (the
Bureau) releases the 3.7 GHz Transition
Final Cost Category Schedule of
Potential Expenses and Estimated Costs
(Cost Catalog), announces the optional
lump sum payment amounts for which
incumbent Fixed Satellite Service (FSS)
earth station operators are eligible, and
provides the process and deadline for
electing to receive lump sum payments.
In the 3.7 GHz Band Report and
Order, the Commission adopted rules to
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47209
make 280 megahertz of mid-band
spectrum available for flexible use, plus
a 20 megahertz guard band, throughout
the contiguous United States by
transitioning existing services out of the
lower portion and into the upper 200
megahertz of the C-band. The 3.7 GHz
Report and Order established that new
3.7 GHz Service licensees will
reimburse the reasonable relocation
costs of eligible incumbents, including
incumbent FSS earth station operators,
to transition to the upper 200 megahertz
of the band. The 3.7 GHz Report and
Order established that incumbent FSS
earth station operators may either
accept: (1) Reimbursement for their
actual reasonable relocation costs by
maintaining satellite reception; or (2) a
lump sum reimbursement ‘‘based on the
average, estimated costs of relocating all
of their incumbent earth stations’’ to the
upper 200 megahertz of the C-band. The
3.7 GHz Report and Order directed the
Bureau to establish a cost category
schedule of the types of expenses that
incumbents may incur.
The Commission engaged a thirdparty contractor, RKF Engineering
Solutions, LLC (RKF), to assist in
identifying costs that incumbents might
incur and to assist with the
development of a cost category
schedule. With assistance from RKF, the
Bureau developed the 3.7 GHz
Transition Preliminary Cost Category
Schedule of Potential Expenses and
Estimated Costs (Preliminary Cost
Catalog), which proposed classes of
earth stations eligible for lump sum
payments but did not specify the
amounts. The Bureau sought comment
on the earth station classes and specific
costs and prices that should ultimately
be included in the lump sums in the
Cost Catalog Public Notice. In response,
commenters proposed additional classes
of earth stations, including a separate
category for multichannel video
programming distributor (MVPD) earth
stations. Some commenters offered
methodologies for calculating the lump
sum amounts and proposed lump sum
amounts. Commenters also identified
additional transition costs to be
included in the calculation, such as
modulation and encoding technology.
After considering the comments
received in response to the Cost Catalog
Public Notice, the Bureau, with
assistance from RKF, has updated the
classes of earth stations and developed
proposed lump sum amounts for each
class of earth station. After review of the
record, the Bureau issued the Lump
Sum Comment Public Notice seeking
further comment on a revised list of
earth station classes, preliminary lump
sum payment amounts, and the
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[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.
[[Page 47207]]
[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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
[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.
---------------------------------------------------------------------------
--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.
---------------------------------------------------------------------------
--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.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\6\ NOAA, Pago Pago Forecast Office, Pago Pago Area Data,
https://w2.weather.gov/climate/xmacis.php?wfo=samoa.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\7\ NOAA, Tivan Forecast Office, Guam Area Data, https://w2.weather.gov/climate/xmacis.php?wfo=guam.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\8\ Ibid.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\9\ NOAA, San Juan Forecast Office, Christiansted Airport and
St. Thomas Weather Station Data, https://w2.weather.gov/climate/xmacis.php?wfo=sju.
---------------------------------------------------------------------------
[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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\13\ Central Intelligence Agency, World Factbook, American
Samoa, https://www.cia.gov/library/publications/the-world-factbook/geos/aq.html.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\14\ Central Intelligence Agency, World Factbook, Guam, https://www.cia.gov/library/publications/the-world-factbook/geos/gq.html.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\15\ Central Intelligence Agency, World Factbook, Northern
Mariana Islands, https://www.cia.gov/library/publications/the-world-factbook/geos/cq.html.
---------------------------------------------------------------------------
--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\
---------------------------------------------------------------------------
\16\ Central Intelligence Agency, World Factbook, U.S. Virgin
Islands, https://www.cia.gov/library/publications/the-world-factbook/geos/vq.html.
---------------------------------------------------------------------------
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
[[Page 47209]]
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
