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Drinking Water State Revolving Fund - Statutory Authority and Program Regulation

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Rule Summary

Statutory Authority

Within the Safe Drinking Water Act, Congress created a financial assistance program for water system capital improvements and technical assistance: the Drinking Water State Revolving Fund. This financial assistance program provides grants to states tribes, and territories to address capital improvement and assistance needs.

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42 U.S.C.
United States Code, 2013 Edition

Program Regulation

The DWSRF program regulation defines in more detail the requirements and function of the program.

Part E - General Provisions

§300j–12. State revolving loan funds

(a) General authority

(1) Grants to States to establish State loan funds

(A) In general

The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this subchapter, promote the efficient use of fund resources, and for other purposes as are specified in this subchapter.

(B) Establishment of fund

To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a "State loan fund") and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State, except as otherwise provided in this section and in other provisions of this subchapter. No funds authorized by other provisions of this subchapter to be used for other purposes specified in this subchapter shall be deposited in any State loan fund.

Read §300j–12 in its entirety.

40 CFR Subpart L—Drinking Water State Revolving Funds Regulation

§35.3500   Purpose, policy, and applicability.
§35.3505   Definitions.
§35.3510   Establishment of the DWSRF program.
§35.3515   Allotment and withholdings of funds.
§35.3520   Systems, projects, and project-related costs eligible for assistance from the Fund.
§35.3525   Authorized types of assistance from the Fund.
§35.3530   Limitations on uses of the Fund.
§35.3535   Authorized set-aside activities.
§35.3540   Requirements for funding set-aside activities.
§35.3545   Capitalization grant agreement.
§35.3550   Specific capitalization grant agreement requirements.
§35.3555   Intended Use Plan (IUP).
§35.3560   General payment and cash draw rules.
§35.3565   Specific cash draw rules for authorized types of assistance from the Fund.
§35.3570   Reports and audits.
§35.3575   Application of Federal cross-cutting authorities (cross-cutters).
§35.3580   Environmental review requirements.
§35.3585   Compliance assurance procedures.
Appendix A to Subpart L of Part 35—Criteria for Evaluating a State's Proposed NEPA-Like Process

Deviations from DWSRF Regulations

Deviation from 40 CFR 35.3520(e)(3) for Off-Stream Reservoir in Defiance, Ohio (2001)

Deviation from 40 CFR 35.3520(e)(3) for Raw Water Reservoir/Settling Basin in Anahuac, Texas (2007)

Deviation from 40 CFR 35.3520(e)(1) and (3) for Bradner Reservoir Enlargement Project for Las Vegas, New Mexico (2014).

Deviation from 40 CFR Part 35.3520(e)(2) for the Well Relocation Project for Oshkosh, Nebraska, and the North Douglas Regional Intertie Project for Carson City, Nevada (2018)

Deviation from 40 CFR §35.3520(e)(2) for the Groundwater Source Development Project for Mores Creek Rim Ranches Water District, Idaho (2018)

Class Deviation from 40 CFR §35.3520(e)(2)] for Water Rights (2019)

Deviation from 40 CFR §35.3520(e)(1) for Beaver Creek Dam Rehabilitation Project for the City of Martinsville, Virginia (2020)

Deviation from 40 CFR §35.3520(e)(1) for the Bonita Lake Dam Restoration Project for the City of Alamogordo, New Mexico (2020)