Water: Clean Water Financing
Allotment Formula for Clean Water Act Section 106 Funds; Amendment - Frequently Asked Questions
- What is 40 CFR 35.162?
- Why is 40 CFR 35.162 being amended?
- Are there any restrictions to be aware of regarding this amendment?
- How was this amendment developed?
- Who is affected by this amendment?
- How can I obtain more information?
1. What is 40 CFR 35.162?
Section 106 of the Clean Water Act (CWA) authorizes the EPA to provide grants to states and interstate agencies to administer programs for the prevention, reduction, and elimination of water pollution, including the development and implementation of ground-water protection strategies. Section 106(b) of the CWA directs the EPA Administrator to make allotments for grants from sums appropriated by Congress in each fiscal year “in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective states.” 40 CFR 35.162 identifies the process EPA will use to allocate these grant funds.
2. Why is 40 CFR 35.162 being amended?
The amendment to 40 CFR 35.162 provides EPA with the authority to allot separately those CWA Section 106 funds which are targeted to specific water pollution control elements, as determined by EPA based on a review of the President’s budget, Conference Reports, and/or appropriation acts. It gives EPA the ability to go outside the Section 106 formulae to allocate funds as envisioned by decision makers in the budget process.
The amendment to 40 CFR 35.162 will address a situation like that which occurred in EPA’s FY 2006 CWA Section 106 appropriation process. The President’s FY 2006 budget specifically requested an increase in Section 106 funding for enhanced monitoring activities, particularly for statistically-valid assessments of water quality nationwide and strengthening State and interstate monitoring programs. The 2006 Conference Report, which accompanied EPA’s 2006 appropriation act, indicated that a total of $18.5 million should be targeted to support enhanced monitoring efforts. EPA determined that if this amount were included in the general State and interstate allotment formulae, only a small number of states and interstates would actually receive an increase for this purpose, while the majority of states would not receive a sufficient increase to strengthen their water quality monitoring activities through implementation of their monitoring strategies.
3. Are there any restrictions to be aware of regarding this amendment?
Yes. The amendment applies only to those portions of Section 106 funds which have been targeted in EPA’s appropriations process for specific water pollution control elements. The remaining Section 106 funds will continue to be allotted in accordance with applicable allotment formulae used by the Agency.
4. How was this amendment developed?
Cooperatively between the 106 Grants Program Team and the Office of General Counsel.
5. Who is affected by this amendment?
All states and interstate agencies that are eligible to receive grants under Section 106 of the CWA.
6. How can I obtain more information?
For further information, visit the Water Pollution Control Program Grants Page at http://www.epa.gov/owm/cwfinance/pollutioncontrol.htm. You may also contact Robyn Delehanty, (firstname.lastname@example.org), with the Office of Wastewater Management, at (202) 564-3880.
Technical inquiries should be sent in writing to Robyn Delehanty, U.S. EPA, Office of Wastewater Management (Mail Code 4201M), 1200 Pennsylvania Avenue, N.W., Washington, DC 20460 or by email to Robyn Delehanty (email@example.com).