Implementation of Drinking Water State Revolving Fund: U.S. Environmental Protection Agency Memorandum Addressing Related Water Infrastructure Act Provisions

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) issued a March 25th memorandum titled:

Implementation of Drinking Water State Revolving Fund (DWSRF) – Related Safe Drinking Water Act (SDWA) Amendments in America’s Water Infrastructure Act (AWIA) of 2018 (“Memorandum”)

The Memorandum is authored by Jennifer McLain, Acting Director, Office of Ground Water and Drinking Water and transmitted to the agency’s Water Division Directors, Regions 1-10.

The Memorandum’s purpose is to assist EPA and the states in implementing changes to the DWSRF Program that were enacted through the SDWA amendments provided in the AWIA of 2018. It outlines DWSRF amendments to the SDWA that are prescribed by the AWIA.

The Memorandum instructs DWSRF managers to:

. . . take particular note of AWIA’s changes to the SDWA that authorize extended infrastructure loan terms, require the provision of additional subsidy to state-defined disadvantaged communities, and expand source water protection-related eligibilities under the Local Assistance set-aside.

Such provisions are stated to provide support to low-income communities and promote preventative activities that protect water supplies.

Issues addressed by the Memorandum include:

  • AWIA § 2015(a): Use of Funds
  • AWIA § 2015(b): Prevailing Wages
  • AWIA § 2015(c): Assistance for Disadvantaged Communities
  • AWIA § 2015(d): Types of Assistance
  • AWIA § 2015(e): Needs Survey
  • AWIA § 2015(f): Other Authorized Activities
  • AWIA § 2002: Clean, Safe, Reliable Water Infrastructure
  • AWIA § 2015(g): Best Practices for Administration of State Revolving Loan Funds
  • AWIA § 2019: Report on Federal Cross-Cutting Requirements
  • AWIA § 2020: Assistance for Areas Affected by Natural Disasters
  • AWIA § 2022: American Iron and Steel Products
  • AWIA § 2023: Authorization of Appropriations
  • AWIA § 2010: Additional Considerations for Compliance
  • AWIA § 2012: Asset Management
  • AWIA § 4201: WIFIA Reauthorization and Innovative Financing for State Loan Funds

A copy of the Memorandum can be found here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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