SUPPORTING STATEMENT PART A:

INFORMATION COLLECTION REQUEST

FOR THE

EPA STRATEGIC PLAN INFORMATION ON SOURCE WATER PROTECTION

OMB Control No. 2040-0197

EPA ICR No. 1816.04

May 15, 2008



	

Identification of the Information Collection

	1(a)	Title of the Information Collection

	EPA Strategic Plan Information on Source Water Protection

	1(b)	Short Characterization/Abstract

	Section 1453 (a)(3) of the Safe Drinking Water Act (SDWA) required
states to submit a Source Water Assessment Program within 18 months
after the U.S. Environmental Protection Agency (EPA) published its State
Source Water Assessment and Protection Programs Guidance:  Final
Guidance.  Upon EPA approval of their programs, states conducted source
water assessments of their public water systems.  State assessments were
required to be completed three and a half years after approval of a
state’s program; the assessment program is therefore complete relative
to the SDWA requirements. The burden and cost associated with all of the
assessment was accounted for in three previous information collection
requests (ICRs) [EPA ICR No. 1816.01, 1816.02, and 1816.03]. While
Section 1453 (a)(3) of the SDWA does not authorize source water
protection, States are encouraged to use the data collected in the
source water assessments to develop protection plans for source water
areas.  Drinking Water State Revolving Fund monies authorized in Section
1452(g)(2)(B) may be used for activities to support efforts in source
water protection.  

	The 2006-2011 EPA Strategic Plan incorporates a source water
contamination prevention measure to describe the voluntary source water
protection (SWP) actions taken at the local or regional level based on
the results of completed source water assessments.  EPA’s strategic
target for source water protection sets a goal of minimized risk to
public health in 50 percent of community water systems (CWSs) (Strategic
Target SP-4a, previously Strategic Target F) and the 62 percent of the
U.S. population served by those CWSs (Strategic Target SP-4b) by 2011. 
Achieving minimized risk to public health focuses on developing and
substantially implementing source water protection strategies to address
potential contamination risks within each CWS source water area.

	

EPA is collecting, on a voluntary basis, data from the states on their
progress toward substantial implementation of prevention strategies for
all CWS SWAs.  The information is being collected under EPA’s Office
of Water National Program Guidance and the State Grant Performance
Measures Template.

 

	EPA estimates that the total respondent burden associated with this
reporting will be 5,148 hours over the three years covered by this
request (an average of 1,716 hours per year).  EPA estimates that, over
the three years covered by this request, the cost to respondents of the
information collection will be $2.46 million (an average of $0.82
million per year).

Need for and Use of the Collection

2(a)	Need/Authority for the Collection

	The information to be collected will help states and EPA understand the
progress toward the Agency’s strategic target that, by 2011, 50
percent of SWAs for CWSs and the 62 percent of the U.S. population
served by those CWSs will achieve minimized risk to public health.

	EPA needs to understand whether prevention efforts are working to
reduce risks to water quality and thereby reducing risks to public
health.  Measures and other information at the state, regional, and
national levels provide guideposts for judging the success of the
program actions.  They also provide key information for targeting
actions and resources to prevent contamination from the most serious
threats to drinking water.  State-wide, regional, and national
information also provides accountability to legislative bodies (State
Legislatures and Congress) for SDWA implementation, and demonstrates
that tax dollars are being well spent, as well as demonstrate that EPA
is meeting goals set under the Government Performance and Results Act. 
The information reported will help to demonstrate the results achieved
from categorical grants and Performance Partnership Grants. In addition,
EPA will be able to measure its own program outputs and whether they are
leading toward contamination prevention and risk reduction, and provide
feedback and opportunities for national, regional, state, and local
program refinement and improvement.

	EPA is collecting, on a voluntary basis, data from the states related
to the progress toward substantial implementation of prevention
strategies for all CWS SWAs.  The information to be collected in this
renewal ICR will be used to fulfill the needs of the 2006-2011 Strategic
Plan, the Performance Accountability Report, the Program Assessment
Rating Tool (PART), the National Water Program Guidance, and the budget.
 Section 1453 (a)(3) of the SDWA (see Appendix A) required States to
complete source water assessments of potential contamination for source
water areas.  The information collected in the source water assessments
may be used to implement source water protection programs.  While
implementing a source water protection program is not required under
Section 1453, Drinking Water State Revolving Fund monies authorized in
Section 1452(g)(2)(B) (Appendix B) may be used for activities to support
these efforts.  

2(b)	Practical Utility/Users of the Data

	EPA has developed a set of measures to assess the degree to which
states are attaining source water contamination prevention goals and to
demonstrate that reducing risks to public health through source water
protection is being attained. The SWP measures have evolved over time
and some of the original performance measures data are no longer
collected.   The measures attempt to answer four key questions about the
SWP Program.

Are the state and tribal source water assessments being completed?

What threats to sources of drinking water are being found in assessment
results?

How are current and future drinking water supplies being protected?

Are source water protection actions decreasing public health risks by
preventing contamination of drinking water supplies?

	Data collected under earlier ICRs answered the first two questions. EPA
is now focusing on gauging progress toward addressing threats identified
during the source water assessment process. States and the Federal
government will use the answers to these key questions to understand
whether prevention program actions are reducing risks from source
waters; these reductions are presumed to increase public health
protection.  This information will also help SWP program managers better
manage resources and reduce risks from the most threatening sources of
contamination, and protect the most threatened source waters.  Lastly,
the collected data will be used to inform state and federal managers and
legislators regarding the success of prevention program actions to
reduce the risks to source waters.

	Effectively tracking data elements and using them in program
performance measures requires a coordinated nationwide effort.  The
purpose of this information collection is to gather and assess data to
answer the above questions and evaluate the status of reaching
contamination prevention goals.

	This information will also promote the integration of source water
contamination prevention policies into other programs. This data is
linked with work done under the Public Water System Supervision (PWSS)
program and the Underground Injection Control program through the State
Grant Performance Measure template.  Some of this information will
increase the public’s awareness of issues related to protecting
drinking water sources and, hopefully, their involvement in protective
activities.  EPA hopes that these measures will provide states, regions,
and the federal government with a focus for prevention efforts with
local communities implementing actions in a timely and cost-effective
manner.

Nonduplication, Consultations, and Other Collection Criteria

3(a)	Nonduplication

	EPA is not aware of any similar reporting activities related to the
status of contamination prevention efforts within the states.  States
are encouraged to track the requested information using databases. This
approach should allow state reporters to take advantage of existing
information and not duplicate other efforts.

	States can use appropriate existing resources.  These resources include
sanitary surveys of local PWSs, state wellhead protection programs,
state pesticide management programs, state watershed approaches
including efforts under the Surface Water Treatment Rule, monitoring
waiver programs, or the Federal Water Pollution Control Act (Clean Water
Act).

3(b)	Public Notice Required Prior to ICR Submission to OMB

	EPA published notice requesting comment on the burden and cost
associated with reporting on progress toward substantially implementing
prevention strategies in the Federal Register on February 29, 2008 (73
FR 11108).  A copy of this Federal Register Notice is attached to this
ICR as Appendix C.  EPA received no comments on the preliminary burden
and cost estimates provided in the Notice. 

3(c)	Consultations

	In developing burden and cost estimates and underlying assumptions for
this ICR, EPA consulted staff from four state environmental agencies
that are responsible for source water assessment and protection
activities in their states:

South Carolina Department of Health and Environmental Control

Delaware Department of Natural Resources and Environmental Control

Colorado Department of Health and the Environment

Wisconsin Department of Natural Resources

	These agency staff provided input on the hourly burden and cost
associated with compiling data and reporting on the status of
substantially implementing prevention plans in their states.  The burden
and cost estimates in this ICR reflect these estimates. 

3(d)	Effects of Less Frequent Collection

	EPA will report annually to Congress on the Strategic Activities and
goals in the 2006-2011 Strategic Plan, including progress on the SWP
strategic measures.  EPA will also report to the Office of Budget and
Management on the SWP PART measures. EPA is requesting that states
voluntarily provide data on the status of source water protection
measures.  While States are not obligated to provide information for
these measures, EPA is strongly encouraging states to provide such
information.

3(e)	General Guidelines

	All data collections covered by this ICR comply with the Office of
Management and Budget’s (OMB’s) general guidelines for information
collections.

3(f)	Confidentiality

	No confidential data is collected.

3(g)	Sensitive Questions

	There are no sensitive questions pertaining to this ICR.

The Respondents and the Information Requested

4(a) 	Respondents/SIC Codes

	The respondents for this information collection are state environmental
and health agencies.  The Standard Industrial Classification (SIC) code
for state respondents is 9511 (Air and Water Resource and Solid Waste
Management); the North American Industry Classification System (NAICS)
code is 92411, Administration of Air and Water Resource and Solid Waste
Management Programs.

4(b)	Information Requested

	Data Items, Including Recordkeeping Requirements

Under this collection, state respondents need submit only two data items
annually to their EPA Regions.  States are asked to report the following
information:

Number of SWAs for CWSs with source water protection strategies in place
and substantially implemented (states are requested to submit their
definition of “substantial implementation” only if it has changed);
and

The population served by those CWSs.

EPA requests this information through a memorandum sent to the Regions
and on the State Grant Performance Measure template; a copy is shown in
Appendix D. 

	Respondent Activities

	For this voluntary information collection, states can simply submit the
information via e-mail. States are assumed to have already developed
databases to collect, compile, and store this information. 

	There are no recordkeeping requirements associated with this
information collection.   However, EPA anticipates that states will
maintain or have access to the data used to compile the summary of
substantial SWP implementation and will provide the data to interested
stakeholders on request.

The Information Collected – Agency Activities, Collection
Methodology, and Information Management

5(a)	Agency Activities

	EPA Regions will compile data submitted by states on the numbers of
CWSs that have substantially implemented SWP programs and the
populations served by these systems. The Regions will submit the data to
EPA Headquarters. Based on the data submitted by the Regions and data
from the Safe Drinking Water Information System, for each state and
Region, Headquarters will calculate the percentages of CWSs and
population served that have substantially implemented SWP programs.
Headquarters will forward its calculations to the Regions, who will
enter the percentages into EPA’s Annual Commitment System (ACS). The
Regions will also include this information on the State Grant
Performance Measure template.

Headquarters will use data from the states to gauge progress toward
meeting the strategic target that 50 percent of CWSs, which serve 62
percent of the population, will achieve minimized risk to public health
by 2011.  EPA will report annually to Congress on the strategic
activities and goals in the 2006-2011 Strategic Plan, using
state-reported data on source water protection activities for the
strategic target.  For the PART reporting, EPA will report to OMB on the
percent of CWSs that achieve minimized risk to public health. EPA also
responds to inquiries from and communicates with state managers, the
public, and Congress on progress being made toward prevention actions
that minimize risks to source waters and public health.

	Headquarters will also prepare an annual report on each measure, with
data reported by the states, and distribute the report to EPA regions
and states.

	EPA is committed to successful source water protection activities aimed
at meeting the targets in the Strategic Plan. EPA provides assistance to
the states in the form of DWSRF, Clean Water Act Section 106 funds, and
PWSS monies designed to aid state and local staff in the substantial
implementation of source water protection strategies, facilitate
information exchange, and encourage involvement of all capable
participants and contributors at state, local, and regional levels.

5(b)	Collection Methodology and Management

	EPA anticipates that states may use a variety of methods to maintain
the data necessary for reporting to EPA on the status of contamination
prevention efforts. While EPA needs high quality data, it is understood
that, as the quality of the data increases, the burden on states and
local staff to collect and maintain that data increases as well.

	States will likely collect and store the data on each CWS or SWA in a
database.  States will likely report to EPA via e-mail.

	EPA Regions will compile the information states submit on an electronic
form and submit the form to EPA Headquarters. Headquarters will use a
spreadsheet to calculate the percentages of CWSs (and the percentage of
the population associated with those CWSs) in each state and Region that
have substantially implemented SWP. The Regions will then enter the data
into ACS, the Agency’s database of record for the SWP measures.

5(c)	Small Entity Flexibility

	The Regulatory Flexibility Act, 5 U.S.C. 602 et seq., requires the
Agency to explicitly consider the effects of regulations on small
entities and to develop (under certain circumstances) a Regulatory
Flexibility Analysis describing these impacts.  The respondents for this
information collection are state environmental and health agencies,
which are not small businesses or organizations, as defined in the
Regulatory Flexibility Act.

5(d) 	Collection Schedule

	EPA is collecting measures data from the states on an annual basis to
align with annual reporting to Congress and OMB.   

Estimating the Burden and Cost of the Collection

	EPA’s 2006-2011 Strategic Plan includes source water protection
program measures to describe the voluntary source water protection
actions taken at the local or regional level, based on the results of
the States’ assessment of potential contamination risks to drinking
water. The information is collected from States to understand the
aggregate results of State assessments and the protection actions based
on those assessments, and to measure progress toward the strategic
target.

	EPA is collecting, on a voluntary basis, data from the states and
regions related to progress toward substantial implementation of
prevention strategies for all CWS SWAs. EPA estimates that, over time,
approximately 53,000 CWSs in the nation will develop and substantially
implement voluntary contamination prevention strategies for drinking
water supplies.  EPA set a goal for half of the CWSs to substantially
implement source water protection programs by 2011.  The burden and cost
associated with these individual plans is not included in this ICR, as
there is no associated federal reporting or record keeping requirement.

	EPA estimates that, over the three years covered by this request, the
total respondent burden associated with this reporting will average
1,716 hours per year and the cost to respondents of the information
collection will average $0.82 million per year.  The total burden and
cost, presented in Section 6(e), are the product of the annual burden
and cost per response, presented in Sections 6(a) and 6(b), respectively
and the number of responses, which are presented in Section 6(d). 
Section 6(c) presents the burden and cost to EPA; Section 6(f) discusses
the change in the burden and cost estimates between the last information
collection request (EPA ICR No. 1816.02) and this ICR.

6(a)	Estimating Respondent Burden

	Respondent burden estimates are presented in Exhibit 6-1.  Columns A,
B, C, and D of Exhibit 6-1 present legal, managerial, technical, and
clerical staff hours, respectively; Column E presents the total annual
unit burden for each activity.

	EPA estimates that each state will devote an average of 33 hours
annually over the next three years to collecting the requested data on
progress toward developing and substantially implementing prevention
strategies for all CWSs in their state and reporting this information to
EPA (see Column E of Exhibit 6-1). This estimate was obtained through
the consultation activities described in Section 3(c).

	EPA assumes that, to compile the reports, states will use databases
that track the implementation status of prevention strategies in each
CWS or SWA in their state.  EPA anticipates that state staff will report
via e-mail. 

	Recordkeeping Requirements

	EPA assumes that states will maintain source water assessment and
protection measures data on computers dedicated to source water
assessment and protection efforts.  Thus, no incremental recordkeeping
burden or cost will be incurred by the states.

6(b)	Estimating Respondent Costs

	EPA estimates that, over the next three years, the total annual labor
cost per state associated with this information collection is $1,385
(see Column F of Exhibit 6-1).  The labor cost estimate is based on
average hourly estimates for salary and overhead of $79 for legal staff,
$53 for managerial staff, $39 for technical staff, and $31 for clerical
staff.  These rates are based on conversations with the state staff EPA
consulted in developing the 2004 ICR and are inflated to 2007 dollars
using the U.S. Bureau of Labor Statistics’ Employment Cost Index.

	Non-labor costs associated with this information collection are
presented in Columns G through I of Exhibit 6-1:  Column G presents
annualized capital costs, Column H presents operating and maintenance
(O&M) costs, and Column I presents the total non-labor costs (i.e., G
plus H).  

The annual non-labor cost associated with reporting progress to EPA is
$14,390.  This consists entirely of capital/start-up costs for
purchasing equipment and hiring contractors to develop computer
databases.  These costs, estimated at $88,500 in the 2004 ICR, were
annualized over five years (the time frame for attaining EPA’s
strategic SWP goal), using a 7 percent discount rate, for an average of
$21,584 per year.  The final two years of the five years are included in
this ICR; averaging these remaining capital costs over the three-year
period covered by this ICR results in an annual cost of $14,390 (or
$21,584 x 2/3). There are no O&M costs associated with this information
collection.

Exhibit 6-1 Annual Respondent Burden and Cost

	A	B	C	D	E	F	G	H	I	J	K	L

	Hours and Cost Per Respondent	Total Hours and Costs

INFORMATION COLLECTION ACTIVITY	Legal @ $79/ Hour	Managerial @ $53/ Hour
Technical @ $39/Hour	Clerical @ $31/ Hour	Respondent Hours/

Year (A+B+C+D)

	Labor Cost/Year	Annualized Capital Cost	O & M Cost/ Year	Total
Non-Labor

Cost/Year (G + H)	Number of Responses	Total

 Hours/ 

Year 

(E * J)	Total

Cost/

Year 

(F + I) * J



State activities

Report progress to EPA	1.7	4.1	23.1	4.1	33	$1,385	$14,390	$0	$14,390	52
1,716	$820,287

TOTAL



	33	$1,385	$14,390	$0	$14,390	52	1,716	$820,287



Notes:  	Numbers may appear not to add due to rounding. 

Capital costs are discounted 7 percent over 5 years.

6(c)	Estimating Agency Burden and Cost

	The federal burden associated with prevention strategy implementation
during this clearance period includes the time spent by EPA Regional and
Headquarters staff to collect and analyze state measures data and report
on findings.  Federal burden and cost are presented in Columns A through
F of Exhibit 6-2.

					

	In the three years of this collection, EPA estimates that Headquarters
and the Regions will spend 410 hours per year compiling prevention data.
 EPA assumes that each region will spend approximately 15 hours per year
(150 hours total) gathering data from the states and submitting it to
Headquarters.  EPA estimates that Headquarters will devote 0.125 FTE, or
260 hours, to collecting and analyzing regional data and preparing an
annual SWP measures report and reporting on the strategic measures.

Exhibit 6-2 Annual Agency Burden and Cost

	A	B	C	D	E	F

	Hours and Cost Per Response	Total Hours and Cost

INFORMATION COLLECTION ACTIVITY	Agency Hours/Year	Labor Cost/Year at
$50.14/hr	Non-Labor

Cost/Year	

	Number of Responses	Total

 Hours/ Year

(A * D)	Total

Cost/Year

(B + C) * D



Regions compile measures data.	15	$752	$0	10	150	$7,522

Headquarters reviews measures data; writes annual report.	260	$13,037
$10,000	1	260	$23,037

TOTAL

	275	$13,790	$10,000	11	410	$30,559

Numbers may not appear to add due to rounding.

EPA estimates that the annual federal labor cost associated with
compiling and analyzing data on the progress of assessment and
prevention efforts will be $30,559.  In developing Agency labor costs,
EPA estimates the average hourly labor rate for salary and overhead and
benefits for Agency staff to be $50.14.  To derive this figure, EPA
multiplied the hourly compensation at GS-12, Step 5 on the 2008 GS pay
scale ($31.34) by the standard government benefits multiplication factor
of 1.6 to account for overhead and benefits.  

In addition to the labor cost, Headquarters will spend an average of
$10,000 annually for contractor support to compile the states’ data
and write the measures report. The total annual cost to EPA is estimated
to be $30,559. 

	6(d)	Estimating the Respondent Universe and Total Burden and Cost

	Staff in all 50 states, Puerto Rico, and the District of Columbia are
expected to report once annually to EPA on the status of prevention
efforts.  The number of responses is shown in Column J of Exhibit 6-1.

	Column K of Exhibit 6-1 presents the total annual burden (i.e., the
hours per response times the number of responses).  Column L of Exhibit
6-1 presents the total annual cost (i.e., the sum of labor costs and
non-labor costs per response times the number of responses).

6(e)	Bottom Line Burden Hours and Cost/Burden Tables

	Respondent Tally

	The total annual burden associated with compiling information related
to source water assessments and implementing prevention strategies, and
reporting on the status over the next three years is 1,716 hours, and
the total annual cost is $0.82 million.  Exhibit 6-3 presents the total
respondent burden and cost.

	Over the three years covered by this request, the total respondent
burden associated with this information collection will be 5,148 hours. 
The cost to respondents of the information collection will be $2.46
million.

Exhibit 6-3

Summary of Annual Respondent Burden and Costs

Response	Number of Responses	Total

Hours/ Year	Total Annual Labor Cost	Total Annual Non-labor Cost	Total
Annual Respondent Cost

Report progress	52	1,716	$72,030	$748,257	$820,287

Total	52	1,716	$72,030	$748,257	$820,287

Burden per response

33.0

Cost per response

$15,775



	Agency Tally

	The total annual Agency burden is 410 hours, and the total annual
Agency cost is $30,559.  Exhibit 6-4 presents the total annual Agency
burden and cost associated with reviewing measures data.

	Over the three years covered by this request, the total Agency burden
associated with this voluntary reporting will be 1,230 hours.  The total
Agency cost over the three years covered by this ICR will be $91,677.

Exhibit 6-4

Summary of Annual Agency Burden and Costs

Activity	Total Number of Responses	Total Hours/ Year	

	Total Annual Labor Cost	Total Annual Non-labor Cost	Total Annual Agency
Cost

Compile data (Regions)	10	150	$7,522	$0	$7,522

Analyze data; write report (HQ)	1	260	$13,037	$10,000	$23,037

Total	11	410	$20,559	$10,000	$30,559



6(f) 	Reasons for Change in Burden

	In the approved ICR [OMB Control No. 2040-0197; EPA ICR No. 1816.03],
the burden associated with source water assessment and protection
activities is 452,793 hours (an average of 150,931 hours per year).  EPA
estimates that, over the three years covered by this collection, the
total respondent burden associated with this voluntary reporting will be
5,148 hours (an average of 1,716 hours per year).  This represents a
decrease of 447,645 hours from the previous clearance period, or 149,215
hours per year.

	The estimated cost to respondents in the approved ICR [EPA ICR No.
1816.03] is $4.57 million (an average of $1.52 million per year).  EPA
estimates that, over the three years covered by this renewal request,
the cost to respondents of the information collection will be $2.46
million (an average of $0.82 million per year).  This represents a
decrease of $2.11 million from the previous clearance period or $0.70
million per year.

	The change in burden and cost is due to a decrease in the number of
items being reported. The burden estimates were considerably greater in
the current ICR because OMB included an additional 146, 719 hours
annually and $0.24 million annually to allow nine states to complete the
source water assessments.  The table below compares the elements
reported under the approved ICR and in this collection. 

Table 1: SWP Reporting Elements

Reporting element	Approved ICR	This ICR

Number of systems or SWAs with assessments completed (by system type for
ground water and surface water)	X

	Population served by CWSs with assessments complete	X

	Most prevalent potential sources of contamination (by system type,
ground water and surface water)	X

	Most threatening potential sources of contamination (by system type,
ground water and surface water)	X

	Number of SWAs for CWSs and population with SWP strategies in place and
implemented (ground water and surface water)	X

	Number of SWAs for CWSs and population with SWP substantially
implemented strategies (ground water and surface water)	X	X

Total elements reported	6	1



Thus, under this collection, states will report one element, compared to
the six elements reported in the previous collection period.  EPA
assumes that the annual burden per state is estimated to decrease from
2,902 hours to 33 hours, or 1.1 percent of the previous burden.

Labor rates increased for the four state labor categories increased, but
capital costs to states decreased from $21,584 to $14,390 per year, as
described in Section 6(b). The total cost to respondents for the revised
ICR is 64 percent of the previous cost. 

While states will be devoting a significant amount of time to developing
and implementing prevention strategies in the coming years, this ICR
does not include the burden associated with the source water protection
activities themselves because the data reported only relates to tracking
source water protection activities not performing them.  States will
continue to report progress on protection activities annually to EPA. 
Exhibit 6-5 presents the approved and estimated annual burden and costs
from the previous ICR and the current ICR, and the change between the
clearance periods.

Exhibit 6-5

Change in Annual Burden and Cost

(Excluding Agency Burden and Cost)

	Annual Burden	Annual Cost	Reason

Activity	Approved

2004		This ICR	Change	Approved

 2004	This ICR	Change

	Report progress	150,931	1,716	(149,215)	$1,523,000	$820,300	$(702,700)
Reporting change

Total	150,931	1,716	(149,215)	$1,523,000	$820,300	$(702,700)

	

6(g)	Burden Statement

	EPA estimates that, over the three years covered by this request, the
total non-Agency respondent burden associated with this voluntary
reporting will be 5,148 hours (an average of 1,716 hours per year), and
the cost to respondents of the information collection will be $2.46
million (an average of $0.82 million per year).

	State reporting burden for this ICR is estimated to average 33 hours
per response, or $15,775 per response, annually.  (See Exhibit 6-3.) 
Burden means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a federal agency.  This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.  An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.  The OMB control numbers for EPA’s regulations are
listed in 40 CFR Part 9 and 48 CFR Chapter 15.

	To comment on the Agency’s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including through the use of automated collection
techniques, EPA has established a public docket for this ICR under
Docket ID No. EPA-HQ-OW-2004-0013, which is available for public viewing
at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.  The telephone number for the Reading
Room is (202) 566-1744, and the telephone number for the Water Docket is
(202) 566-2426.  An electronic version of the public docket is available
through the EPA Docket Center at http://www.regulations.gov.  Use
regulations.gov to submit or view public comments, access the index
listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select “search,” then key in the docket ID number
identified above.  Also, you can send comments to the Water Docket,
Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode:
28221T, 1200 Pennsylvania Ave., NW, Washington, DC 20460.  Please
include the EPA Docket ID No. (EPA-HQ-OW-2004-0013) and OMB control
number (2040-0197) in any correspondence.

Appendix A

Section 1453 of the Safe Drinking Water Act

			

			

	

4SEC. 132. SOURCE WATER ASSESSMENT.

(a) IN GENERAL- Part E (42 U.S.C. 300j et seq.) is amended by adding at
the end the following:

SOURCE WATER QUALITY ASSESSMENT

SEC. 1453. (a) SOURCE WATER ASSESSMENT-

	(1) GUIDANCE- Within 12 months after the date of enactment of the Safe
Drinking Water Act Amendments of 1996, after notice and comment, the
Administrator shall publish guidance for States exercising primary
enforcement responsibility for public water systems to carry out
directly or through delegation (for the protection and benefit of public
water systems and for the support of monitoring flexibility) a source
water assessment program within the State’s boundaries. Each State
adopting modifications to monitoring requirements pursuant to section
1418(b) shall, prior to adopting such modifications, have an approved
source water assessment program under this section and shall carry out
the program either directly or through delegation.

	(2) PROGRAM REQUIREMENTS- A source water assessment program under this
subsection shall--

		(A) delineate the boundaries of the assessment areas in such State
from which one or more public water systems in the State receive
supplies of drinking water, using all reasonably available hydrogeologic
information on the sources of the supply of drinking water in the State
and the water flow, recharge, and discharge and any other reliable
information as the State deems necessary to adequately determine such
areas; and

		(B) identify for contaminants regulated under this title for which
monitoring is required under this title (or any unregulated contaminants
selected by the State, in its discretion, which the State, for the
purposes of this subsection, has determined may present a threat to
public health), to the extent practical, the origins within each
delineated area of such contaminants to determine the susceptibility of
the public water systems in the delineated area to such contaminants.

	(3) APPROVAL, IMPLEMENTATION, AND MONITORING RELIEF- A State source
water assessment program under this subsection shall be submitted to the
Administrator within 18 months after the Administrator’s guidance is
issued under this subsection and shall be deemed approved 9 months after
the date of such submittal unless the Administrator disapproves the
program as provided in section 1428(c). States shall begin
implementation of the program immediately after its approval. The
Administrator’s approval of a State program under this subsection
shall include a timetable, established in consultation with the State,
allowing not more than 2 years for completion after approval of the
program. Public water systems seeking monitoring relief in addition to
the interim relief provided under section 1418(a) shall be eligible for
monitoring relief, consistent with section 1418(b), upon completion of
the assessment in the delineated source water assessment area or areas
concerned.

	(4) TIMETABLE- The timetable referred to in paragraph (3) shall take
into consideration the availability to the State of funds under section
1452 (relating to State loan funds) for assessments and other relevant
factors. The Administrator may extend any timetable included in a State
program approved under paragraph (3) to extend the period for completion
by an additional 18 months.

	(5) DEMONSTRATION PROJECT- The Administrator shall, as soon as
practicable, conduct a demonstration project, in consultation with other
Federal agencies, to demonstrate the most effective and protective means
of assessing and protecting source waters serving large metropolitan
areas and located on Federal lands.

	(6) USE OF OTHER PROGRAMS- To avoid duplication and to encourage
efficiency, the program under this section may make use of any of the
following:

		(A) Vulnerability assessments, sanitary surveys, and monitoring
programs.

		(B) Delineations or assessments of ground water sources under a State
wellhead protection program developed pursuant to this section.

		(C) Delineations or assessments of surface or ground water sources
under a State pesticide management plan developed pursuant to the
Pesticide and Ground Water State Management Plan Regulation (subparts I
and J of part 152 of title 40, Code of Federal Regulations), promulgated
under section 3(d) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a(d)).

		(D) Delineations or assessments of surface water sources under a State
watershed initiative or to satisfy the watershed criterion for
determining if filtration is required under the Surface Water Treatment
Rule (section 141.70 of title 40, Code of Federal Regulations).

		(E) Delineations or assessments of surface or ground water sources
under programs or plans pursuant to the Federal Water Pollution Control
Act.

	(7) PUBLIC AVAILABILITY- The State shall make the results of the source
water assessments conducted under this subsection available to the
public.

(b) APPROVAL AND DISAPPROVAL- For provisions relating to program
approval and disapproval, see section 1428(c).’.

(b) APPROVAL AND DISAPPROVAL OF STATE PROGRAMS- Section 1428 (42 U.S.C.
300h-7) is amended as follows:

	(1) Amend the first sentence of subsection (c)(1) to read as follows:
If, in the judgment of the Administrator, a State program or portion
thereof under subsection (a) is not adequate to protect public water
systems as required by subsection (a) or a State program under section
1453 or section 1418(b) does not meet the applicable requirements of
section 1453 or section 1418(b), the Administrator shall disapprove such
program or portion thereof.’.

	(2) Add after the second sentence of subsection (c)(1) the following: A
State program developed pursuant to section 1453 or section 1418(b)
shall be deemed to meet the applicable requirements of section 1453 or
section 1418(b) unless the Administrator determines within 9 months of
the receipt of the program that such program (or portion thereof) does
not meet such requirements.’.

	(3) In the third sentence of subsection (c)(1) and in subsection
(c)(2), strike is inadequate’ and insert is disapproved’.

	(4) In subsection (b), add the following before the period at the end
of the first sentence: and source water assessment programs under
section 1453'.

Appendix B

Section 1452 of the Safe Drinking Water Act

SEC. 130. STATE REVOLVING LOAN FUNDS.

Part E (42 U.S.C. 300j et seq.) is amended by adding the following new
section after section

1451: SEC. 1452.

(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
title, promote the efficient use of

fund resources, and for other purposes as are specified in this title.

(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 title. No funds authorized by
other provisions of this title to be used for other purposes specified
in this title shall be deposited in any State loan fund.

(C) EXTENDED PERIOD- The grant to a State shall be available to the
State for obligation during the fiscal year for which the funds are
authorized and during the following fiscal year, except that grants made
available from funds provided prior to fiscal year 1997 shall be
available for obligation during each of the fiscal years 1997 and 1998.

(D) ALLOTMENT FORMULA- Except as otherwise provided in this section,
funds made available to carry out this section shall be allotted to
States that have entered into an agreement pursuant to this section
(other than the District of Columbia) in accordance with--

(i) for each of fiscal years 1995 through 1997, a formula that is the
same as the formula used to distribute public water system supervision
grant funds under section 1443 in fiscal year 1995, except that the
minimum proportionate share established in the formula shall be 1
percent of available funds and the formula shall be adjusted to include
a minimum proportionate share for the State of Wyoming and the District
of Columbia; and

(ii) for fiscal year 1998 and each subsequent fiscal year, a formula
that allocates to each State the proportional share of the State needs
identified in the most recent survey conducted pursuant tosubsection
(h), except that the minimum proportionate share provided to each State
shall be the same as the minimum proportionate share provided under
clause (I).

(E) REALLOTMENT- The grants not obligated by the last day of the period
for which the grants are available shall be reallotted according to the
appropriate criteria set forth in subparagraph (D), except that the
Administrator may reserve and allocate 10 percent of the remaining
amount for financial assistance to Indian Tribes in addition to the
amount allotted under subsection (i) and none of the funds reallotted by
the Administrator shall be reallotted to any State that has not
obligated all sums allotted to the State pursuant to this section during
the period in which the sums were available for obligation.

(F) NONPRIMACY STATES- The State allotment for a State not exercising
primary enforcement responsibility for public water systems shall not be
deposited in any such fund but shall be allotted by the Administrator
under this subparagraph. Pursuant to section 1443(a)(9)(A) such sums
allotted under this subparagraph shall be reserved as needed by the
Administrator to exercise primary enforcement responsibility under this
title in such State and the remainder shall be reallotted to States
exercising primary enforcement responsibility for public water systems
for deposit in such funds. Whenever the Administrator makes a final
determination pursuant to section 1413(b) that the requirements of
section 1413(a) are no longer being met by a State, additional grants
for such State under this title shall be immediately terminated by the
Administrator. This subparagraph shall not apply to any State not
exercising primary enforcement responsibility for public water systems
as of the date of enactment of the Safe Drinking Water Act Amendments of
1996.

(G) OTHER PROGRAMS-

(i) NEW SYSTEM CAPACITY- Beginning in fiscal year 1999, the
Administrator shall withhold 20 percent of each capitalization grant
made pursuant to this section to a State unless the State has met the
requirements of section 1420(a) (relating to capacity development) and
shall withhold 10 percent for fiscal year 2001, 15 percent for fiscal
year 2002, and 20 percent for fiscal year 2003 if the State has not
complied with the provisions of section 1420(c) (relating to capacity
development strategies). Not more than a total of 20 percent of the
capitalization grants made to a State in any fiscal year may be withheld
under the preceding provisions of this clause. All funds withheld by the
Administrator pursuant to this clause shall be reallotted by the
Administrator on the basis of the same ratio as is applicable to funds
allotted under subparagraph (D). None of the funds reallotted by the
Administrator pursuant to this paragraph shall be allotted to a State
unless the State has met the requirements of section 1420 (relating to
capacity development).

(ii) OPERATOR CERTIFICATION- The Administrator shall withhold 20 percent
of each capitalization grant made pursuant to this section unless the
State has met the requirements of 1419 (relating to operator
certification). All funds withheld by the Administrator pursuant to this
clause shall be reallotted by the Administrator on the basis of the same
ratio as applicable to funds allotted under subparagraph (D). None of
the funds reallotted by the Administrator pursuant to this paragraph
shall be allotted to a State unless the State has met the requirements
of section 1419 (relating to operator certification).

(2) USE OF FUNDS- Except as otherwise authorized by this title, amounts
deposited in a State loan fund, including loan repayments and interest
earned on such amounts, shall be used only for providing loans or loan
guarantees, or as a source of reserve and security for leveraged loans,
the proceeds of which are deposited in a State loan fund established
under paragraph (1), or other financial assistance authorized under this
section to community water systems and nonprofit noncommunity water
systems, other than systems owned by Federal agencies. Financial
assistance under this section may be used by a public water system only
for expenditures (not including monitoring, operation, and maintenance
expenditures) of a type or category which the Administrator has
determined, through guidance, will facilitate compliance with national
primary drinking water regulations applicable to the system under
section 1412 or otherwise significantly further the health protection
objectives of this title. The funds may also be used to provide loans to
a system referred to in section 1401(4)(B) for the purpose of providing
the treatment described in section 1401(4)(B)(i)(III). The funds shall
not be used for the acquisition of real property or interests therein,
unless the acquisition is integral to a project authorized by this
paragraph and the purchase is from a willing seller. Of the amount
credited to any State loan fund established under this section in any
fiscal year, 15 percent shall be available solely for providing loan
assistance to public water systems which regularly serve fewer than
10,000 persons to the extent such funds can be obligated for eligible
projects of public water systems.

(3) LIMITATION-

(A) IN GENERAL- Except as provided in subparagraph (B), no assistance
under this section shall be provided to a public water system that--

(i) does not have the technical, managerial, and financial capability to
ensure compliance with

the requirements of this title; or

(ii) is in significant noncompliance with any requirement of a national
primary drinking water

regulation or variance.

(B) RESTRUCTURING- A public water system described in subparagraph (A)
may receive assistance under this section if--

(i) the use of the assistance will ensure compliance; and

(ii) if subparagraph (A)(i) applies to the system, the owner or operator
of the system agrees to

undertake feasible and appropriate changes in operations (including
ownership, management,

accounting, rates, maintenance, consolidation, alternative water supply,
or other procedures) if

the State determines that the measures are necessary to ensure that the
system has the technical,

managerial, and financial capability to comply with the requirements of
this title over the long

term.

(C) REVIEW- Prior to providing assistance under this section to a public
water system that is in significant noncompliance with any requirement
of a national primary drinking water regulation or variance, the State
shall conduct a review to determine whether subparagraph (A)(i) applies
to the system.

(b) INTENDED USE PLANS-

(1) IN GENERAL- After providing for public review and comment, each
State that has entered into a capitalization agreement pursuant to this
section shall annually prepare a plan that

identifies the intended uses of the amounts available to the State loan
fund of the State.

(2) CONTENTS- An intended use plan shall include--

(A) a list of the projects to be assisted in the first fiscal year that
begins after the date of the plan, including a description of the
project, the expected terms of financial assistance, and the size of the
community served;

(B) the criteria and methods established for the distribution of funds;
and

(C) a description of the financial status of the State loan fund and the
short-term and long-term goals of the State loan fund.

(3) USE OF FUNDS-

(A) IN GENERAL- An intended use plan shall provide, to the maximum
extent practicable, that priority for the use of funds be given to
projects that--

(i) address the most serious risk to human health;

(ii) are necessary to ensure compliance with the requirements of this
title (including requirements

for filtration); and

(iii) assist systems most in need on a per household basis according to
State affordability criteria.

(B) LIST OF PROJECTS- Each State shall, after notice and opportunity for
public comment, publish and periodically update a list of projects in
the State that are eligible for assistance under this section, including
the priority assigned to each project and, to the extent known, the
expected funding schedule for each project.

(C) FUND MANAGEMENT- Each State loan fund under this section shall be
established, maintained, and credited with repayments and interest. The
fund corpus shall be available in perpetuity for providing financial
assistance under this section. To the extent amounts in the fund are not
required for current obligation or expenditure, such amounts shall be
invested in interest bearing obligations.

(D) ASSISTANCE FOR DISADVANTAGED COMMUNITIES-

(1) LOAN SUBSIDY- Notwithstanding any other provision of this section,
in any case in which

the State makes a loan pursuant to subsection (a)(2) to a disadvantaged
community or to a

community that the State expects to become a disadvantaged community as
the result of a

proposed project, the State may provide additional subsidization
(including forgiveness of

principal).

(2) TOTAL AMOUNT OF SUBSIDIES- For each fiscal year, the total amount of
loan subsidies

made by a State pursuant to paragraph (1) may not exceed 30 percent of
the amount of the

capitalization grant received by the State for the year.

(3) DEFINITION OF DISADVANTAGED COMMUNITY- In this subsection, the term

`disadvantaged community' means the service area of a public water
system that meets

affordability criteria established after public review and comment by
the State in which the

public water system is located. The Administrator may publish
information to assist States in

establishing affordability criteria.

(E) STATE CONTRIBUTION- Each agreement under subsection (a) shall
require that the State deposit in the State loan fund from State moneys
an amount equal to at least 20 percent of the total amount of the grant
to be made to the State on or before the date on which the grant payment
is made to the State, except that a State shall not be required to
deposit such amount into the fund prior to the date on which each grant
payment is made for fiscal years 1994, 1995, 1996, and 1997 if the State
deposits the State contribution amount into the State loan fund prior to
September 30, 1999.

(F) TYPES OF ASSISTANCE- Except as otherwise limited by State law, the
amounts deposited into a State loan fund under this section may be used
only--

(1) to make loans, on the condition that--

(A) the interest rate for each loan is less than or equal to the market
interest rate, including an

interest free loan;

(B) principal and interest payments on each loan will commence not later
than 1 year after

completion of the project for which the loan was made, and each loan
will be fully amortized not

later than 20 years after the completion of the project, except that in
the case of a disadvantaged

community (as defined in subsection (d)(3)), a State may provide an
extended term for a loan, if

the extended term--

(i) terminates not later than the date that is 30 years after the date
of project completion; and

(ii) does not exceed the expected design life of the project;

(C) the recipient of each loan will establish a dedicated source of
revenue (or, in the case of a

privately owned system, demonstrate that there is adequate security) for
the repayment of the

loan; and

(D) the State loan fund will be credited with all payments of principal
and interest on each loan;

(2) to buy or refinance the debt obligation of a municipality or an
intermunicipal or interstate agency within the State at an interest rate
that is less than or equal to the market interest rate in any case in
which a debt obligation is incurred after July 1, 1993;

(3) to guarantee, or purchase insurance for, a local obligation (all of
the proceeds of which finance a project eligible for assistance under
this section) if the guarantee or purchase would improve credit market
access or reduce the interest rate applicable to the obligation;

(4) as a source of revenue or security for the payment of principal and
interest on revenue or general obligation bonds issued by the State if
the proceeds of the sale of the bonds will be deposited into the State
loan fund; and

(5) to earn interest on the amounts deposited into the State loan fund.

(G) ADMINISTRATION OF STATE LOAN FUNDS-

(1) COMBINED FINANCIAL ADMINISTRATION- Notwithstanding subsection (c), a
State may (as a convenience and to avoid unnecessary administrative
costs) combine, in accordance with State law, the financial
administration of a State loan fund established under this section with
the financial administration of any other revolving fund established by
the State if otherwise not prohibited by the law under which the State
loan fund was established and if the Administrator determines that--

(A) the grants under this section, together with loan repayments and
interest, will be separately

accounted for and used solely for the purposes specified in subsection
(a); and

(B) the authority to establish assistance priorities and carry out
oversight and related activities

(other than financial administration) with respect to assistance remains
with the State agency

having primary responsibility for administration of the State program
under section 1413, after

consultation with other appropriate State agencies (as determined by the
State): Provided

That in nonprimacy States eligible to receive assistance under this
section, the Governor shall

determine which State agency will have authority to establish priorities
for financial assistance

from the State loan fund.

(2) COST OF ADMINISTERING FUND- Each State may annually use up to 4
percent of the funds allotted to the State under this section to cover
the reasonable costs of administration of the programs under this
section, including the recovery of reasonable costs expended to
establish a State loan fund which are incurred after the date of
enactment of this section, and to provide technical assistance to public
water systems within the State. For fiscal year 1995 and each fiscal
year thereafter, each State may use up to an additional 10 percent of
the funds allotted to the State under this section--

(A) for public water system supervision programs under section 1443(a);

(B) to administer or provide technical assistance through source water
protection programs;

(C) to develop and implement a capacity development strategy under
section 1420(c); and

(D) for an operator certification program for purposes of meeting the
requirements of section

1419, if the State matches the expenditures with at least an equal
amount of State funds. At least

half of the match must be additional to the amount expended by the State
for public water

supervision in fiscal year 1993. An additional 2 percent of the funds
annually allotted to each

State under this section may be used by the State to provide technical
assistance to public water

systems serving 10,000 or fewer persons in the State. Funds utilized
under subparagraph (B)

shall not be used for enforcement actions.

(3) GUIDANCE AND REGULATIONS- The Administrator shall publish guidance
and promulgate regulations as may be necessary to carry out the
provisions of this section, including--

(A) provisions to ensure that each State commits and expends funds
allotted to the State under

this section as efficiently as possible in accordance with this title
and applicable State laws;

(B) guidance to prevent waste, fraud, and abuse; and

(C) guidance to avoid the use of funds made available under this section
to finance the expansion

of any public water system in anticipation of future population growth.
The guidance and

regulations shall also ensure that the States, and public water systems
receiving assistance under

this section, use accounting, audit, and fiscal procedures that conform
to generally accepted

accounting standards.

(4) STATE REPORT- Each State administering a loan fund and assistance
program under this subsection shall publish and submit to the
Administrator a report every 2 years on its activities under this
section, including the findings of the most recent audit of the fund and
the entire State allotment. The Administrator shall periodically audit
all State loan funds established by, and all other amounts allotted to,
the States pursuant to this section in accordance with procedures
established by the Comptroller General.

(H) NEEDS SURVEY- The Administrator shall conduct an assessment of water
system capital

improvement needs of all eligible public water systems in the United
States and submit a report

to the Congress containing the results of the assessment within 180 days
after the date of

enactment of the Safe Drinking Water Act Amendments of 1996 and every 4
years thereafter.

(I) INDIAN TRIBES-

(1) IN GENERAL- 1 1/2 percent of the amounts appropriated annually to
carry out this section may be used by the Administrator to make grants
to Indian Tribes and Alaska Native villages that have not otherwise
received either grants from the Administrator under this section or
assistance from State loan funds established under this section. The
grants may only be used for expenditures by tribes and villages for
public water system expenditures referred to in subsection (a)(2).

(2) USE OF FUNDS- Funds reserved pursuant to paragraph (1) shall be used
to address the most significant threats to public health associated with
public water systems that serve Indian Tribes, as determined by the
Administrator in consultation with the Director of the Indian Health
Service and Indian Tribes.

(3) ALASKA NATIVE VILLAGES- In the case of a grant for a project under
this subsection in an Alaska Native village, the Administrator is also
authorized to make grants to the State of Alaska for the benefit of
Native villages. An amount not to exceed 4 percent of the grant amount
may be used by the State of Alaska for project management.

(4) NEEDS ASSESSMENT- The Administrator, in consultation with the
Director of the Indian Health Service and Indian Tribes, shall, in
accordance with a schedule that is consistent with the needs surveys
conducted pursuant to subsection (h), prepare surveys and assess the
needs of drinking water treatment facilities to serve Indian Tribes,
including an evaluation of the public water systems that pose the most
significant threats to public health.

(J) OTHER AREAS- Of the funds annually available under this section for
grants to States, the Administrator shall make allotments in accordance
with section 1443(a)(4) for the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, American Samoa, and Guam. The grants allotted
as provided in this subsection may be provided by the Administrator to
the governments of such areas, to public water systems in such areas, or
to both, to be used for the public water system expenditures referred to
in subsection (a)(2). The grants, and grants for the District of
Columbia, shall not be deposited in State loan funds. The total
allotment of grants

under this section for all areas described in this subsection in any
fiscal year shall not exceed

0.33 percent of the aggregate amount made available to carry out this
section in that fiscal year.

(K) OTHER AUTHORIZED ACTIVITIES-

(1) IN GENERAL- Notwithstanding subsection (a)(2), a State may take each
of the following actions:

(A) Provide assistance, only in the form of a loan, to one or more of
the following:

(i) Any public water system described in subsection (a)(2) to acquire
land or a conservation

easement from a willing seller or grantor, if the purpose of the
acquisition is to protect the source

water of the system from contamination and to ensure compliance with
national primary drinking

water regulations.

(ii) Any community water system to implement local, voluntary source
water protection

measures to protect source water in areas delineated pursuant to section
1453, in order to

facilitate compliance with national primary drinking water regulations
applicable to the system

under section 1412 or otherwise significantly further the health
protection objectives of this title.

Funds authorized under this clause may be used to fund only voluntary,
incentive-based

mechanisms.

(iii) Any community water system to provide funding in accordance with
section

1454(a)(1)(B)(i).

(B) Provide assistance, including technical and financial assistance, to
any public water system

as part of a capacity development strategy developed and implemented in
accordance with

section 1420(c).

(C) Make expenditures from the capitalization grant of the State for
fiscal years 1996 and 1997

to delineate and assess source water protection areas in accordance with
section 1453, except that

funds set aside for such expenditure shall be obligated within 4 fiscal
years.

(D) Make expenditures from the fund for the establishment and
implementation of wellhead

protection programs under section 1428.

(2) LIMITATION- For each fiscal year, the total amount of assistance
provided and expenditures made by a State under this subsection may not
exceed 15 percent of the amount of the capitalization grant received by
the State for that year and may not exceed 10 percent of that amount for
any one of the following activities:

(A) To acquire land or conservation easements pursuant to paragraph
(1)(A)(i).

(B) To provide funding to implement voluntary, incentive-based source
water quality protection

measures pursuant to clauses (ii) and (iii) of paragraph (1)(A).

(C) To provide assistance through a capacity development strategy
pursuant to paragraph (1)(B).

(D) To make expenditures to delineate or assess source water protection
areas pursuant to

paragraph (1)(C).

(E) To make expenditures to establish and implement wellhead protection
programs pursuant to

paragraph (1)(D).

(3) STATUTORY CONSTRUCTION- Nothing in this section creates or conveys
any new authority to a State, political subdivision of a State, or
community water system for any new regulatory measure, or limits any
authority of a State, political subdivision of a State or community
water system.

(l) SAVINGS- The failure or inability of any public water system to
receive funds under this

section or any other loan or grant program, or any delay in obtaining
the funds, shall not alter the

obligation of the system to comply in a timely manner with all
applicable drinking water

standards and requirements of this title.

(M) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out the purposes of this section $599,000,000 for
the fiscal year 1994 and $1,000,000,000 for each of the fiscal years
1995 through 2003. To the extent amounts authorized to be appropriated
under this subsection in any fiscal year are not appropriated in that
fiscal year, such amounts are authorized to be appropriated in a
subsequent fiscal year (prior to the fiscal year 2004). Such sums shall
remain available until expended.

(N) HEALTH EFFECTS STUDIES- From funds appropriated pursuant to this
section for each fiscal year, the Administrator shall reserve
$10,000,000 for health effects studies on ranking water contaminants
authorized by the Safe Drinking Water Act Amendments of 1996. In
allocating funds made available under this subsection, the Administrator
shall give priority to

studies concerning the health effects of cryptosporidium (as authorized
by section 1458(c)),

disinfection byproducts (as authorized by section 1458(c)), and arsenic
(as authorized by section

1412(b)(12)(A)), and the implementation of a plan for studies of
subpopulations at greater risk of

adverse effects (as authorized by section 1458(a)).

(O) MONITORING FOR UNREGULATED CONTAMINANTS- From funds appropriated
pursuant to this section for each fiscal year beginning with fiscal year
1998, the Administrator shall reserve $2,000,000 to pay the costs of
monitoring for unregulated contaminants under section 1445(a)(2)(C).

(P) DEMONSTRATION PROJECT FOR STATE OF VIRGINIA- Notwithstanding the
other provisions of this section limiting the use of funds deposited in
a State loan fund from any State allotment, the State of Virginia may,
as a single demonstration and with the approval of the Virginia General
Assembly and the Administrator, conduct a program to demonstrate
alternative approaches to intergovernmental coordination to assist in
the financing of new drinking water facilities in the following rural
communities in southwestern Virginia where none exists on the date of
enactment of the Safe Drinking Water Act Amendments of 1996 and where
such communities are experiencing economic hardship: Lee County, Wise
County, Scott County, Dickenson County, Russell County, Buchanan County,
Tazewell County, and the city of Norton, Virginia. The funds allotted to
that State and deposited in the State loan fund may be loaned to a
regional endowment fund for the purpose set forth in this subsection
under a plan to be approved by the Administrator. The plan may include
an advisory group that includes representatives of such counties.

(Q) SMALL SYSTEM TECHNICAL ASSISTANCE- The Administrator may reserve up
to 2 percent of the total funds appropriated pursuant to subsection (m)
for each of the fiscal years 1997 through 2003 to carry out the
provisions of section 1442(e) (relating to technical assistance for
small systems), except that the total amount of funds made available for
such purpose in any fiscal year through appropriations (as authorized by
section 1442(e)) and reservations made pursuant to this subsection shall
not exceed the amount authorized by section 1442(e).

(R) EVALUATION- The Administrator shall conduct an evaluation of the
effectiveness of the State loan funds through fiscal year 2001. The
evaluation shall be submitted to the Congress at the same time as the
President submits to the Congress, pursuant to section 1108 of title 31,
United States Code, an appropriations request for fiscal year 2003
relating to the budget of the Environmental Protection Agency.Appendix
C

Text of Federal Register Notice for Source Water Protection ICR

Published February 29, 2008



Appendix D

FY 2008 End of Year (EOY) Reporting Protocol for “SP-4” (f.k.a.,
Strategic Target “F”)

Action	No Later Than

States should report two numbers to the Regional Office  --  the number
of CWSs that have substantially implemented SWP according to the state
definition and the population those CWSs serve.	Fri, August 15

Each Region should combine the numbers for each state into the short
table (see below) and e-mail the table as an attachment to Mike Muse
[muse.mike@epa.gov].	Wed, September 17

Headquarters will calculate the percentages of CWSs and population
served for each State, and for the Region based on Q3/FY2008 SDWIS-FED
denominators and return those data to the Regions.	Mon, October 6

Regions complete entry of the HQ percentages of CWSs, and of the
population served, into ACS.  Regions then have for each state the
percentages based on the Q3/FY2008 SDWIS-FED denominators.	Fri, October
17



Sample Reporting Template for Regions

CWSs that have achieved “substantial implementation” according to
each State’s definition.  (cumulative)

State	# CWSs	# People

Connecticut  



Maine  



Massachusetts  



New Hampshire  



Rhode Island  



Vermont  



Regions II – X:   Please replace Region I state names with your
states’ names.

 BLS Employment Cost Index Historical Listing Current-dollar March
2001-December 2007. Table 7. Employment Cost Index for total
compensation, for State and local government workers, by occupational
group and industry. (Not seasonally adjusted).
https://www.bls.gov/web/echistrynaics.pdf

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