State Public Water System Supervision

The objective of these grants is to provide financial assistance to eligible States and Tribes (those that have Primary Enforcement Responsibility for the Public Water System Supervision (PWSS) Program, for implementation and enforcement of the requirements of the Safe Drinking Water Act that apply to
public water systems.

In cases where a State or a Tribe does not have a Primary Enforcement Responsibility program, EPA is authorized to use funds that would have otherwise been made available to the State or the Tribe to assist it in direct implementation of the PWSS program.

The fundamental goal of the PWSS Program, and the grants, is to ensure that public water systems comply with the National Primary Drinking Water Regulations listed in 40 CFR 141 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr141_main_02.tpl).

State drinking water agencies, which have Primary Enforcement Responsibility for the PWSS Program, and Indian Tribes that receive PWSS grants are to use them to ensure that public drinking water systems, of all types, and of all sizes: (1) are currently in compliance with the drinking water regulations and remain in compliance, (2) are working towards and in the process of achieving compliance when these systems are noncompliant, and (3) are preparing for future compliance with any new drinking water regulations that will be taking effect in the current or following year.

Furthermore, State drinking water agencies, which have Primary Enforcement Responsibility for the PWSS Program, and Indian Tribes that receive PWSS grants are required to use the funds to update and maintain its PWSS program to comply with the National Primary Drinking Water Regulations Implementation requirements listed in 40 CFR 142 (http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=9fd40a5dfb416f9b56716c0808f3968b&rgn=div5&view=text&node=40:24.0.1.1.4&idno=40) to ensure that the State or Tribal PWSS program is capable of conducting oversight of all public water systems as new drinking water rules, new public water systems, and/or drinking water program requirements become effective.

Funding Priority - Fiscal Year 2016: The priority for the PWSS grants is to ensure that the population served by community water systems will receive drinking water that meets all applicable health-based drinking water standards.

This includes ensuring public water systems implement and comply with the new drinking water rules: Stage 2 Disinfectants and Disinfection Byproducts Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Ground Water Rule.

Furthermore, EPA's priority is for States and Tribal PWSS Programs to meet the primary enforcement responsibilities, listed as follows, along with preparing the States and Tribal PWSS program for implementation of the recently promulgated Revised Total Coliform Rule.

The primary components of a State or Tribal PWSS program are: (1) the adoption and implementation of State and Indian Tribe drinking water regulations at least as stringent as the Federal regulations; (2) the development and maintenance of database(s) of an inventory of public water systems and housing of public water system compliance information; (3) the conduct of sanitary surveys, which identifies sanitary deficiencies and requires that these deficiencies to be addressed, at public water systems; (4) the establishment and maintenance of a laboratory certification program for approval of laboratories to perform analyses of drinking water contaminants/analytes, including the assurance of adequate laboratory capacity to perform drinking water analyses; (5) the review of public water system plans and specifications; (6) the establishment of legal enforcement and authority to assess penalties to compel public water systems' compliance with the National Primary Drinking Water Regulations; (7) the adoption of regulations consistent with 40 CFR part 3 which deals with electronic documents; and (8) the adoption and implementation of an adequate plan for providing safe drinking water during emergency circumstances

Funding Priority - Fiscal Year 2017: The priority for the PWSS grants is to ensure that the population served by community water systems will receive drinking water that meets all applicable health-based drinking water standards.

This includes ensuring public water systems implement and comply with the new drinking water rules: Stage 2 Disinfectants and Disinfection Byproducts Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Ground Water Rule.

Furthermore, EPA's priority is for States and Tribal PWSS Programs to meet the primary enforcement responsibilities, listed as follows, along with preparing the States and Tribal PWSS program for implementation of the recently promulgated Revised Total Coliform Rule.

The primary components of a State or Tribal PWSS program are: (1) the adoption and implementation of State and Indian Tribe drinking water regulations at least as stringent as the Federal regulations; (2) the development and maintenance of database(s) of an inventory of public water systems and housing of public water system compliance information; (3) the conduct of sanitary surveys, which identifies sanitary deficiencies and requires that these deficiencies to be addressed, at public water systems; (4) the establishment and maintenance of a laboratory certification program for approval of laboratories to perform analyses of drinking water contaminants/analytes, including the assurance of adequate laboratory capacity to perform drinking water analyses; (5) the review of public water system plans and specifications; (6) the establishment of legal enforcement and authority to assess penalties to compel public water systems' compliance with the National Primary Drinking Water Regulations; (7) the adoption of regulations consistent with 40 CFR part 3 which deals with electronic documents; and (8) the adoption and implementation of an adequate plan for providing safe drinking water during emergency circumstances.
Related Programs

Examples of Funded Projects

Fiscal Year 2016: Funding was awarded to each of the 49 States, five territories, and one Indian Tribe that has primary enforcement responsibility for the PWSS Program.

The grants were used by these governments, primarily for governmental salaries to: develop State or Tribal drinking water regulations, update and maintain an inventory of drinking water systems, manage information on public water systems, ensure public participation regarding drinking water systems, provide technical assistance to public water systems, and enforce drinking water quality standards as required to comply with the National Primary Drinking Water Regulations Implementation requirements listed in 40 CFR 142 to thereby ensure that the State or Tribal PWSS program is capable of conducting oversight of all public water systems as new drinking water rules, new public water systems, and/or drinking water program requirements become effective.

In total for FY 2016, the State, territory, and tribal PWSS primary enforcement programs used the PWSS grant to assist an estimated 150,310 public water systems.

Fiscal Year 2017: Funding was awarded to each of the 49 States, five territories, and one Indian Tribe that has primary enforcement responsibility for the PWSS Program.

The grants were used by these governments, primarily for governmental salaries to: develop State or Tribal drinking water regulations, update and maintain an inventory of drinking water systems, manage information on public water systems, ensure public participation regarding drinking water systems, provide technical assistance to public water systems, and enforce drinking water quality standards as required to comply with the National Primary Drinking Water Regulations Implementation requirements listed in 40 CFR 142 to thereby ensure that the State or Tribal PWSS program is capable of conducting oversight of all public water systems as new drinking water rules, new public water systems, and/or drinking water program requirements become effective.

In total for FY 2017, the State, territory, and tribal PWSS primary enforcement programs used the PWSS grant to assist an estimated 150,310 public water systems.

Fiscal Year 2018: NA.


Agency - Environmental Protection Agency

The mission of the Environmental Protection Agency is to protect human health and the environment. Since 1970, EPA has been working for a cleaner, healthier environment for the American people.

Office - See Regional Agency Offices.

Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.



Selected Recipients for this Program


RecipientAmount Start DateEnd Date
Navajo Nation Tribal Government, The $ 1,658,686   2017-10-012020-09-30
Health, New York Department Of $ 5,446,210   2017-10-012020-09-30
Environmental Protection, Pennsylvania Department Of $ 2,116,080   2018-07-012020-06-30
Environment Department, New Mexico $ 830,016   2018-07-012020-06-30
Health, Mississippi State Department Of $ 1,407,000   2017-10-012020-03-31
Health And Human Services, Maine Department Of $ 208,269   2019-01-012019-12-31
Health, Hawaii Department Of $ 43,500   2018-01-012019-12-31
Arkansas Department Of Health $ 1,106,939   2017-10-012019-10-01
North Carolina Department Of Environmental Quality $ 4,561,131   2017-10-012019-09-30
Health, Department Of $ 698,000   2017-10-012019-09-30



Program Accomplishments

Fiscal Year 2016: During FY 2016, 49 States, five territories, and one Indian Tribe (Navajo Nation) were awarded grant funding under the PWSS Program. The majority of the grant funds were used for State, territorial, or Tribal governmental salaries to allow the governments to: develop and maintain State drinking water regulations; develop and maintain an inventory of public water systems throughout the State; develop and maintain a database housing compliance information on public water systems; conduct sanitary surveys on the public water systems; review public water system plans and specifications to ensure systems meet State design standards; provide technical assistance and training to water system managers and operators to ensure they are knowledgeable of the State requirements and best treatment and operation practices; conduct of a program to ensure that the public water systems keep their consumers informed about the quality of the water they are providing; inspect and certify laboratories that are allowed to perform the analysis of drinking water that will be used to determine compliance with the drinking water regulations; and conduct an enforcement program to ensure that the public water systems comply with all of the requirements. States, territories, and Tribes also use the grant funds to upgrade and maintain the data systems that are used to store and track information on public water systems. Fiscal Year 2017: During FY 2017, 49 States, five territories, and one Indian Tribe (Navajo Nation) were awarded grant funding under the PWSS Program. The majority of the grant funds were used for State, territorial, or Tribal governmental salaries to allow the governments to: develop and maintain State drinking water regulations; develop and maintain an inventory of public water systems throughout the State; develop and maintain a database housing compliance information on public water systems; conduct sanitary surveys on the public water systems; review public water system plans and specifications to ensure systems meet State design standards; provide technical assistance and training to water system managers and operators to ensure they are knowledgeable of the State requirements and best treatment and operation practices; conduct of a program to ensure that the public water systems keep their consumers informed about the quality of the water they are providing; inspect and certify laboratories that are allowed to perform the analysis of drinking water that will be used to determine compliance with the drinking water regulations; and conduct an enforcement program to ensure that the public water systems comply with all of the requirements. States, territories, and Tribes also use the grant funds to upgrade and maintain the data systems that are used to store and track information on public water systems. Fiscal Year 2018: NA.

Uses and Use Restrictions

The funds are to be used to develop and implement a Public Water System Supervision Program adequate to enforce the requirements of the Safe Drinking Water Act and associated program regulations found in 40 CFR Parts 141, 142, and 143.

Assistance agreement awards under this program may involve or relate to geospatial information.

Further information regarding geospatial information may be obtained by viewing the following website: http://geodata.epa.gov. Grant recipients and sub-recipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official government business or when performing any work for or on behalf of the government.

Grant recipients and sub-recipients are encouraged to conduct initiatives of the type described in section 3(a) of the Federal Leadership on Reducing Text Messaging While Driving Executive Order that was signed on October 1, 2009.

Eligibility Requirements

Applicant Eligibility

Eligibility is limited to the governments of the fifty States; the District of Columbia; the Commonwealth of Puerto Rico; the Northern Mariana Islands; the Virgin Islands; Guam; American Samoa; and federally recognized Tribes, that have either assumed primary enforcement responsibility for the PWSS Program or that want to develop a program that will allow them to seek delegation for a PWSS Program.

EPA may also use funds allotted for a State or Tribal program, if the State or Tribe does not have, or is not developing, primary enforcement responsibility, or EPA may use all or part of the funds to support the PWSS Program in absence of an acceptable State program.

Eligibility is also limited to a single agency within each State, Territory, or Tribe - an agency that has been designated by the jurisdiction's Governor or Chief Executive Officer.

Primary Enforcement Responsibility for the Public Water System Supervision Program is provided for in 40 CFR 142 (http://www.access.gpo.gov/nara/cfr/waisidx_02/40cfr142_02.html).

Beneficiary Eligibility

The beneficiaries are the agencies within the fifty States; the District of Columbia; the Commonwealth of Puerto Rico; the Northern Mariana Islands; the Virgin Islands; Guam; American Samoa; and federally recognized Tribes, that have been designated by the jurisdiction's Governor or Chief Executive Officer as being responsible for the supervision of water supplies within the State, Territory, or Tribe.

Credentials/Documentation

Costs will be determined in accordance with 2 CFR 200 Subpart E. 2 CFR 200, Subpart E - Cost Principles applies to this program.

Aplication and Award Process

Preapplication Coordination

The standard application forms as furnished by the Federal agency and required by 2 CFR 200 and 1500 as applicable, must be used for this program.

This program is eligible for coverage under E.O.

12372, 'Intergovernmental Review of Federal Programs.' An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Environmental impact information is not required for this program.

This program is eligible for coverage under E.O.

12372, 'Intergovernmental Review of Federal Programs.' An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures

2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. The grant application, including a Program Plan, must be submitted to the appropriate EPA Regional Administrator. The standard application forms, as furnished by the Federal agency and required by 2 CFR 200 and 1500 as applicable, must be used for this program. EPA requires final applications to be made on Standard Form 424. Requests for application kits must be submitted to the Environmental Protection Agency, Grants and Interagency Agreements Management Division, 1200 Pennsylvania Avenue, N.W., Mailcode (3903R), Washington, DC 20460 or through the appropriate EPA Regional Office listed in Appendix IV of the Catalog. Applicants may be able to use http://www.grants.gov to electronically apply for certain grant opportunities under this CFDA. Additional information on the EPA grant package can be found at: http://www.epa.gov/ogd/grants/how_to_apply.htm. Applicants, except in limited circumstances approved by the Agency, must submit all initial applications for funding through http://www.grants.gov.

Award Procedures

The grant application and Program Plan are reviewed by the appropriate EPA Regional Office, and if approved, are signed by the Regional Administrator, who then awards the funds to the recipient.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

Safe Drinking Water Act Amendments of 1996, Public Law 104-182; Safe Drinking Water Act of 1974, Public Law 93-523; Public Health Service Act; Safe Drinking Water Act of 1974, Public Law 96-502; Safe Drinking Water Act of 1974, Public Law 95-190; Safe Drinking Water Act of 1974, Public Law 96-16.

Range of Approval/Disapproval Time

Maximum of 60 days.

Appeals

Disputes will be resolved under 2 CFR 1500 Subpart E, as applicable.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory Formula: Title Safe Drinking Water Act of 1974, Public Law 93-523. State allotments are computed through use of a formula, as prescribed in Public Law 93-523 Section 1443 (a)(3) and (a)(4), 40 CFR 35.172. Funds appropriated each year are allotted on the basis of: (a) State, Territory, or Tribal population (20 percent) as contained in the most currently available (published) U.S. Census Bureau data; (b) State, Territory, or Tribal geographical area (10 percent) as contained in the most currently available (published) U.S. Census Bureau data; (c) the number of active community and non-transient non-community water systems being regulated by the State, Territory, or Tribe that are on record in EPA's data system (56 percent); and (d) the number of active transient non-community water systems being regulated by the State, Territory, or Tribe that are on record in EPA's data system (14 percent). All States, the District of Columbia, and Puerto Rico are eligible for a minimum of $334,500 (which is equal to 1 percent of the FY 1989 PWSS Program appropriation). The American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands are eligible for a minimum of $111,500 (which is equal to 1/3 percent of the FY 1989 PWSS Program appropriation). Up to seven percent of the amount appropriated for the PWSS Program is set-aside to support Public Water System Supervision programs on Indian lands (including grants to Tribes) in accordance with EPA Grant Regulations. The formula factors of population and land area are statutory. The other factors, and all of the weightings, are Agency imposed. Federal assistance is limited to 75 percent of total, eligible program costs. Matching Requirements: Federal assistance is limited to 75 percent of total, eligible program costs. This program does not have MOE requirements.

Length and Time Phasing of Assistance

Annual grants. The term of the grant shall be determined at the time of grant award. Awards are released through letters of credit or reimbursement. See the following for information on how assistance is awarded/released: The method of fund disbursement will be determined at the time of award.

Post Assistance Requirements

Reports

EPA includes reporting requirements for grants and cooperative agreements in the terms and conditions of the agreements.

Agreements may require quarterly, interim, and final progress reports, and expenditure/financial, equipment, and invention reports.

Specific reporting requirements are also identified in the grant regulations at 2 CFR 200 and 1500, as applicable.

Program reports are required under this program.

Cash reports are required under this program.

Progress reports are required under this program.

Expenditure reports are required under this program.

Performance monitoring is required under this program.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. Grants and cooperative agreements are subject to inspections and audits by the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year.

Records

Financial records, including all documents to support entries on accounting records and to substantiate changes to each grant, must be kept available to personnel authorized to examine EPA grant accounts. All records must be maintained for 3 years from the date of submission of the annual financial status report or until any audit exceptions have been resolved.

Financial Information

Account Identification

68-0103-0-1-304.

Obigations

(Formula Grants) FY 16 $101,036,000; FY 17 est $100,194,000; and FY 18 est $71,238,000 - FY 16 $101,036,000; FY 17 est. $100,194,000; and FY 18 est. $71,238,000.

Range and Average of Financial Assistance

Range of $120,000 to $6,615,000/fiscal year; Average of $1,530,848/fiscal year.

Regulations, Guidelines, and Literature

Financial Assistance for Continuing Environmental Programs (40 CFR 35, Subpart A); General Grant regulations and procedures (2 CFR 200 and 1500 as applicable).

Information Contacts

Regional or Local Office

See Regional Agency Offices. Contact appropriate EPA Regional Office listed in Appendix IV of the Catalog.

Headquarters Office

Kevin Roland, Office of Ground Water and Drinking Water (4606M), Office of Water, Environmental Protection Agency, Washington, District of Columbia 20460 Email: roland.kevin@epa.gov Phone: (202) 564-4588.

Criteria for Selecting Proposals

(1) Adequacy of States and Tribes (those that have Primary Enforcement Responsibility for the PWSS Program) for the adoption and enforcement of drinking water regulations which are no less stringent than the national primary drinking regulations as listed in 40 CFR 141 and 40 CFR 142. (2) Designation of a State agency to receive the grant and be responsible for conducting the public water system supervision program. (3) Compliance with requirements of 2 CFR 200 and 1500 as applicable, and 40 CFR 35.



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