## 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. 1816.05

November, 2011

### 1 

## 1. Identification of the Information Collection

1(a) Title of the Information Collection

EPA Strategic Plan Informa tion on Source Water Protection



### 1(b) Short Characterization/Abstract

Section 1453 (a)(3) of the Safe Drinking Wate r Act (SDWA) required states to submit a Source Water Assessment Program within 18 mont hs after the U.S. Environmental Protection Agency (EPA) published its State Source Water Assessment and Protection Programs Guidance: Final Guidance. Upon EPA approval of thei r programs, states conducted source water assessments of their public water systems. Stat e assessments were required to be completed three and a half years after ap proval of a state’s program; the assessment program is therefore complete relative to the SDWA requirements. Th e 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 ar e encouraged to use the data collected in the source water assessments to develop protection plans for sour ce water areas. Dri nking Water State Revolving

Fund monies authorized in Secti on 1452(g)(2)(B) may be used for activities to support efforts in source water protection.

The National Water Program Guidance for FY 2012, published on September 30, 2010, describes the key actions needed to accomplish the public health and environmental goals in EPA’s FY 2011-2015 Strategic Plan. EPA’s goal is to increase the number of community water systems (CWSs) with minimized risk to public health through development and implementation of source water protection (SWP) strategies for source water areas. Information on progress toward this goal is reported by the states via two measures:

 Percent of community water systems where ri sk to public health is minimized through source water protection (SDW-SP4a).

 Percent of the population served by community water systems where risk to public health is minimized through source wa ter protection (SDW-SP4b).

The National Water Program Guidance is available at http://www.epa.gov/water/waterplan

.

EPA is collecting, on a voluntary basis, data from the states on their progress toward substantial implementation of prevention strategi es for all CWSs. EPA estimates that, over the three years covered by this reque st, the total non-Agency respondent burden associated with this voluntary reporting will be 4,224 hour s (an average of 1,408 hours per year), and the cost to respondents of the information collection will be $174,975 (an average of $58,325 per year).

### 2 

## 2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

The information to be collected will help states and EPA understa nd the progress toward the Agency’s goal to increase the number of co mmunity water systems with minimized risk to public health through development and implementati on of SWP strategies for source water areas.

EPA needs to understand whether prevention ef forts 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 bodie s (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 Gove rnment Performance and Results Act. The information reported will help to demonstrate the results achieved from categorical grants and Performance Partnership Grants. In addition, EP A will be able to measure its own program outputs and whether they are leading toward co ntamination prevention and risk reduction, and provide feedback and opportunities for national, regional, state, and lo cal program refinement and improvement.

EPA is collecting, on a voluntary basis, data fr om the states related to the progress toward substantial implementation of prevention strategi es for all CWS source water areas (SWAs). The

information to be collected in this renewal I CR will be used to fulf ill the needs of the 2011-2015 Strategic Plan, the Performance Accountability Report, 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 contaminati on 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 pr otection program is not required under Section 1453, Drinking Water State Revolving Fund moni es authorized in Section 1452(g)(2)(B) (Appendix B) may be used for activiti es to support these efforts.



### 2(b) Practical Utility/ Users of the Data

EPA has developed a set of measures to a ssess 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 measur es have evolved over time and some of the original performance measur es data are no longer collected. The measures attempt to answer four key questions about the SWP Program.

1. Are the state and tribal source water assessments being completed?

2. What threats to sources of drinking wa ter are being found in assessment results?

3. How are current and future drinki ng water supplies being protected?

4. Are source water protection actions decrea sing 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 addr essing threats identified duri ng the source water assessment

### 3 process. States and the Federal government w ill use the answers to these key questions to understand whether prevention program actions ar e reducing risks from source waters; these reductions are presumed to increase public health protection. This information will also help SWP program managers better ma nage resources and reduce risks from the most threatening sources of contamination and protect the most th reatened source waters. Lastly, the collected

data will be used to inform st ate and federal managers and legi slators regarding the success of prevention program actions to re duce the risks to source waters.

Effectively tracking data elements and us ing them in program performance measures requires a coordinated nationwide effort. The purpos e of this information collection is to gather

and assess data to answer the a bove questions and eval uate the status of reaching contamination prevention goals.

This information will also promote the integration of source water contamination prevention policies into other pr ograms. This data is linked w ith work done under the Public Water System Supervision (PWSS) program a nd the Underground Injection Control program through the State Grant Performance Measure templa te. Some of this information will increase the public’s awareness of issues related to prot ecting drinking water sources and, hopefully, their involvement in protective activitie s. EPA hopes that these measur es will provide states, regions, and the federal government with a focus fo r prevention efforts with local communities implementing actions in a timely and cost-effective manner.

### 4 

## 3. Nonduplication, Consultations, and Other Collection Criteria

3(a) Nonduplication

EPA is not aware of any simila r reporting activities related to the status of contamination prevention efforts within the states. States ar e 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 pestic ide 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 Pr ior to ICR Submission to OMB

EPA published notice requesting comment on the burden and cost associated with reporting on progress toward subs tantially implementing prevention strategies in the Federal Register on August 16, 2011 (76 FR 50726). Appendi x C presents a copy of this Federal Register Notice.

EPA received two comments in response to th e Federal register notice. Based on one of these comments, EPA clarified how the reporting bur den estimates were derived in Section 6(a); however the burden estimates in this final ICR are unchanged.



### 3(c) Consultations

In developing burden and cost estimates a nd underlying assumptions for this ICR, EPA consulted staff from the Utah Department of Environmental Quality, Division of Drinking Water, which is responsible for source water a ssessment and protection activities in the State.

Agency staff provided input on the hourly burden and cost associated with compiling data and reporting on the status of substantially implementing prev ention 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 2011- 2015 Strategic Plan, including progress on the SWP st rategic measures. EPA will also report to the Office of Budget and Management on the SW P measures. EPA is requesting that states voluntarily provide data on the stat us of source water protection m easures. While States are not obligated to provide information for these meas ures, EPA is strongly encouraging states to provide such information.

### 5 

### 3(e) General Guidelines

All data collections covered by this ICR comply with the Offi ce 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 questi ons pertaining to this ICR.

### 6 

## 4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The respondents for this information colle ction are state environmental and health agencies. The Standard Industrial Classificati on (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 CWSs with source water protec tion 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 memorandu m sent to the Regions (a copy is shown in Appendix D) or draws the information from th e Safe Drinking Water Information System (SDWIS) database, as described in Section 5(b).

Respondent Activities

For this voluntary informa tion collection, states can subm it the information via e-mail.

States are assumed to have al ready developed databases to co llect, compile, and store this information. States can also prov ide the information via SDWIS.

There are no recordkeeping requirements asso ciated with this info rmation 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.

### 7 

## 5. 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 Headquart ers. Based on the data submitted by the Regions and data from the Safe Drinking Water Info rmation System, for each state and Region, Headquarters will calculate the percentages of CWSs and population served that have substantially implemented SWP programs. Headquar ters 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 in the 2011-2015 Strategic Plan using state-reported data on source water protection activities for the strategic target. EPA also res ponds to inquiries from and communicates with state managers, the public, and Congress on progress being made to ward prevention actions that minimize risks to source waters and public health.

EPA is committed to successful source water protection activities aimed at meeting the targets in the Strategic Plan. EP A 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 substantially implementing source water protection strategies, facilitate information exchange, and encourage involvement of all capable particip ants and contributors at state, local, and regional levels.



### 5(b) Collection Method ology and Management

EPA anticipates that states may use a variet y of methods to maintain the data necessary and report to EPA on the status of contamination prevention efforts.

 Some states will collect and store the data on each CWS or SWA in a state database. When EPA requests information each year on the status of SWP efforts, these states will report the number of CWSs with SWP strategies and associat ed population served to their EPA regional contact via e-mail.

 Other states will report via SDWIS. Begi nning in 2010, states have the option of including information about SW P activities in SDWIS. (To report this way, States must have FedRep 3.1 and SDWIS/Stat e 2.2 versions of the SDWIS so ftware.) States that enter

SWP-related information about their CWSs into SDWIS and notify EPA of their intention to report SP-4 using SDWIS are not required to reply to EPA’s request for

information on the status of SWP efforts. Instead, EPA will draw this information directly from SDWIS.

EPA Regions will compile the information submitted by states or pulled from SDWIS on

an electronic form and submit the form to EPA Headquarters. H eadquarters will use a spreadsheet to calculate the percentages of CWSs (and the percentage of the population

### 8 associated with those CWSs) in each state and Re gion 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 regulati ons on small entities and to develop (under certain circumstances) a Regulatory Flexibility Analysis describing these impacts. The re spondents 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 st ates on an annual basis to align with annual reporting to Congress and OMB.

### 9 

## 6. Estimating the Burden a nd Cost of the Collection

The National Water Program Guidance in cludes source water protection program measures to describe the voluntary source water pr otection actions taken at the local or regional level, based on the results of th e 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 strategic goals.

EPA is collecting, on a voluntary basis, data from the states and regions related to progress toward substantial im plementation of prevention stra tegies for all CWS SWAs. EPA estimates that, over time, many of the approxi mately 51,000 CWSs in the nation will develop and substantially implement voluntary contamina tion prevention strategies for drinking water supplies. The burden and cost associated with thes e individual plans is not included in this ICR,

as there is no associated federal re porting or record keeping requirement.

EPA estimates that, over the three years c overed by this request, the total respondent burden associated with this reporting will average 1,408 hours per year and the cost to respondents of the information collection will average $58,325 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) a nd 6(b), respectively and the num ber of responses, which are presented in Section 6(d). Section 6(c) presen ts the burden and cost to EPA; Section 6(f) discusses the change in the burden and cost es timates between the last information collection request (EPA ICR No. 1816.04) and this ICR.



### 6(a) Estimating Respondent Burden

Respondent burden estimates associated with progress toward developing and substantially implementing preven tion strategies for all CWSs are presented in Exhibit 6-1. Column A of Exhibit 6-1 presents the annua l unit burden to states for each activity.

 EPA estimates that states reporting SWP meas ures data to the regions will devote an average of 33 hours annually over the next th ree years to collecti ng the requested data, discussing the status of SWP efforts with CW S staff, and reporting this information to

EPA. This estimate reflects the fact that so me states (e.g., states with fewer systems or with definitions of source water protection that require less rigor to track systemspecifically) will be able to complete the reporting in less than 33 hours, while other states with more complex reporting issues may take more time, i.e., up to two weeks, for reporting activities. EPA assumes that, to comp ile the reports, states will use databases that track the implementation status of pr evention strategies in each CWS or SWA in their state. EPA anticipates that state st aff will report to the EPA regions via email.

 EPA estimates that states reporting via SDWI S will spend an average of 8 hours annually reporting this information to EPA. EPA assu mes that this burden will involve states performing quality checks of the data. (The burden associated with entering data on CWSs into SDWIS is covered in the ICR for the Public Water System Supervision Program, OMB Control No. 2040-0090.)

### 10 Exhibit 6-1 Annual Respondent Burden and Cost

A B C D E F G H
Hours and Cost per Response Total Hours and Cost

Information Collection Activity Respondent
Hours/Year Labor
Cost/Year Annualized Capital Cost O&M
Cost Total Nonlabor Cost

(C+D) Number of Responses Total
Hours/Year (A*F) Total Cost/

Year (B+E) * F

State activities

Report progress to EPA via email 33 $1,367 $0 $0 $0 40 1,320 $54,680

Report progress to EPA via SDWIS 8 $331 $0 $0 $0 11 88 $3,645

TOTAL 41 $1,698 $0 $0 $0 51 1,408 $58,325

Notes: The above figures represent 3-year averages. Numbers may not appear to add due to rounding.



### Recordkeeping Requirements

EPA assumes that states will maintain source water assessment and protection measures data on state computers dedica ted to source water assessment and protection efforts or in SDWIS. Thus, no incremental recordkeeping burd en or cost will be incurred by the states.



### 6(b) Estimating Respondent Costs

EPA estimates that, over the next three year s, the total annual labor cost per state

associated with this information collection is $1,698 (see Column B of Exhibit 6-1). For this ICR, EPA assumed that the average hourly la bor rate for a state employee is $41.42. This estimate is based on a federal GS-9, Step 10 salary on the 2012 federal pay scale, increased by 60 percent to account for overhead costs. (This is the inflation factor recommended in EPA’s ICR

Handbook .)

There are no non-labor (capital or O&M) costs associated with this information collection. See Columns C through E of Exhibit 6-1.



### 6(c) Estimating Agen cy Burden and Cost

The federal burden associated with prev ention 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 bur den 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 180 hours per year compiling prevention data. EPA assumes that each region will

### 11 spend approximately 15 hours per year (150 hours total) gathering data from the states and submitting it to Headquarters. EPA estimat es that Headquarters will devote 30 hours to collecting and analyzin g regional data and discussing this data with the regions.

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 A gency Hours/Year Labor
Cost/Year Non-Labo r Cost/Year Number of Responses Total
Hours/ Year (A * D) Total
Cost/Year (B + C) * D

Regions compile measures data. 15 $786 $0 10 150 $7,855 Headquarters reviews measures data. 30 $1,571 $0 1 30 $1,571

TOTAL 45 $2,357 $0 11 180 $9,426 Numbers may not appear to add due to rounding.



### EPA estimates that the annual federal labor co st associated with compiling and analyzing data on the progress of assessment and preventi on efforts will be $9,426. In developing Agency
labor costs, EPA estimates the av erage hourly labor rate for salary and overhead and benefits for Agency staff to be $52.37. To derive this fi gure, EPA multiplied the hourly compensation at GS-12, Step 5 on the 2008 GS pay scale ( $32.73) by the standard government benefits multiplication factor of 1.6 to account for overhea d and benefits. There are no non-labor (capital or O&M) Agency costs associated w ith this information collection.

6(d) Estimating the Respondent Un iverse and Total Burden and Cost

Staff in 49 states (excluding California), Puer to Rico, and the District of Columbia are expected to report once annually to EPA on the st atus of prevention efforts. The number of responses is shown in Column F of Exhibit 6-1.

Column G of Exhibit 6-1 presents the tota l annual burden (i.e., the hours per response times the number of responses). Column H of Exhi bit 6-1 presents the tota l 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 to states associated with compiling information related to source water assessments and implementing prevention st rategies, and reporting on the status over the next three years is 1,408 hours, and the total annual cost to states is $58,325. 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 4,224 hours. The cost to respondents of the information collection will be $174,975.

### 12 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 51 1,408 $58,325 $0 $58,325

Total 51 1,408 $58,325 $0 $58,325 Burden per

response 27.61 Cost per

response $1,143.63



### Agency Tally

The total annual Agency burde n is 180 hours, and the total annual Agency cost is $9,426. 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 540 hours. The total Agency cost over th e three years covered by this ICR will be $28,279.

Exhibit 6-4 Summary of Annual Agency Burden and Costs

Activity Total Number of Responses Total Hours/

Year Total Annual
Labor Cost Total Annual Nonlabor Cost Total Annual Agency Cost

Compile data (Regions) 10 150 $7,855 $0 $7,855 Analyze data (Headquarters) 1 30 $1,571 $0 $1,571
Total 11 180 $9,426 $0 $9,426



### 6(f) Reasons for Change in Burden

In the approved ICR [OMB Control No. 2040-0197; EPA ICR No. 1816.04], the burden associated with source water assessment and pr otection activities is 5,148 hours (an average of 1,716 hours per year). EPA estimates that, over th e three years covered by this collection, the total respondent burden associated with this voluntary reporting will be 4,224 hours (an average of 1,408 hours per year). This represents a decrease of 924 hour s from the previous clearance period, or 308 hours per year.

The estimated cost to respondents in th e approved ICR [EPA ICR No. 1816.04] is $2.46 million (an average of $0.82 million per year). EP A estimates that, over the three years covered by this renewal request, the cost to responde nts of the informati on collection will be $174,975 (an average of $58,325 per year). This represen ts a decrease of $2,285,886 from the previous clearance period, or $761,962 per year . The change in burden and co st is due to the following:

### 13  Decreased labor burden associated with re porting via SDWIS. EPA estimates that 11 states will incur reduced burden by using th e capabilities of SDWI S to report to EPA on the status of contamination prev ention efforts in their states.

 Decreased cost is associated with completion of activities related to state’s development of state data bases to compile data on SW P activities by CWSs. The previous two ICRs (EPA ICR Nos. 1816.03 and 1816.04) estimated the costs for these data base development activities (amortized over 5 ye ars). These activities are assumed to be complete, and this ICR includes no capital cost s associated with data base development.

While states will be devoting a significant amount of time to developing and implementing prevention strategi es in the coming years, this ICR does not include the burden associated with the source water protection activi ties themselves because the data reported only relates to tracking source water protection activitie s, not performing them. States will continue to report progress on protection ac tivities annually to EPA. Exhi bit 6-5 presents the approved

and estimated annual burden and costs from the previous ICR and this 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 (2008) This ICR Change Approved (2008) This ICR Change

Report

progress 1716 1,408 (308) $820,287 $58,325 ($761,962) Reporting change

Total 1,716 1,408 (308) $820,287 $58,325 ($761,962)



### 6(g) Burden Statement

EPA estimates that, over the three years cove red by this request, the total non-Agency respondent burden associated with this volunt ary reporting will be 4,224 hours (an average of 1,408 hours per year), and the cost to respondent s of the information collection will be $174,975 (an average of $58,325 per year).

State reporting burden for this ICR is estim ated to average 27.61 hours per response, or $1,143.63 per response, annually (see Exhibit 6-3). Burden means the total time, effort, or financial resources expended by persons to genera te, maintain, retain, or disclose or provide information to or for a federal agency. This in cludes the time needed to review instructions; develop, acquire, install, and utilize technology and systems fo r the purposes of collecting, validating, and verifying information, processi ng and maintaining information, and disclosing and providing information; adjust the existing wa ys 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 a nd 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

### 14 valid OMB control number. The OMB control nu mbers 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 colle ction techniques, EPA has estab lished a public docket for this ICR under Docket ID No. OW-2004-0013, which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC) , EPA West, Room B3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Pub lic 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, a nd 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 vi ew public comments, access the index listing of the contents of the public doc ket, and to access those documents in the public

docket that are available electr onically. Once in the system, sele ct “search,” then key in the docket ID number identified above. Also, you can send comments to the Water Docket, Environmental Protection Agency, EPA Dock et Center (EPA/DC), Mailcode: 4101T, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Please include the EPA Docket ID No. (EPAHQ-OW-2004-0013) and OMB control numbe r (2040-0197) in any correspondence.

### 15 

## Appendix A

Section 1453 of the Sa fe Drinking Water Act

### 16 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, th e 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 with in 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 assess ment program under this section and shall carry out the program either directly or through delegation. (2) PROGRAM REQUIREMENTS- A source wate r assessment program under this subsection

shall-- (A) delineate the boundaries of the assessmen t areas in such State from which one or more public water systems in the State receive suppli es 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 ot her reliable information as the State deems necessary to adequately determine such areas; and (B) identify for contaminants regulated unde r 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 ma y present a threat to public health), to the extent practical, the origins within each delineated area of su ch contaminants to dete rmine the susceptibility of the public water systems in the delin eated area to such contaminants. (3) APPROVAL, IMPLEMENTATION, AND MONITORING RELIEF- A State source water assessment program under this subsection shall be subm itted to the Administrator within 18 months after the Administrator’s guidance is issued under this subs ection 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 mon itoring relief, consistent with sect ion 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 exte nd any timetable included in a State program approved under paragraph (3) to extend the period fo r completion by an additional 18 months. (5) DEMONSTRATION PROJECT- The Administrator shall, as soon as practicable, conduct a demonstration project, in consultation with other Fede ral agencies, to demonstrate the most effective and protective means of assessing and protecting source wa ters 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 gr ound 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 Regul ations), promulgated under section 3(d) of the Federal Insecticide, Fungici de, 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 de termining if filtration is required under the Surface Water Treatment Rule (section 141.70 of title 40, Code of Federal Regulations).

### 17 (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 subsecti on available to the public. (b) APPROVAL AND DISAPPROVAL- For provisions relating to program a pproval and disapproval, see section 1428(c).’. (b) APPROVAL AND DISAPPROVAL OF STATE PROGRAM S- 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 secti on 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 de termines 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'.

### 18

### 19 

## Appendix B

Section 1452 of the Sa fe Drinking Water Act

### 20 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 obj ectives 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 treatm ent revolving loan fund (referred to in this section as a `State loan fund') and comply with the other requi rements 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 a nd during the following fiscal year, except that grants made available from funds provided prior to fiscal y ear 1997 shall be available for obligation during each of the fiscal years 1997 and 1998. (D) ALLOTMENT FORMULA- Except as otherwise pr ovided in this section, funds made available to carry out this section shall be allotted to States th at 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 form ula that is the same as the formula used to distribute public water system supervision grant fu nds under section 1443 in fiscal year 1995, except that the minimum proportionate share established in the form ula 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 cond ucted pursuant tosubsection (h), except that the minimum proportionate share pr ovided 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 appr opriate 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, additi onal grants for such State under this title shall be immediately terminated by the Administrator. Th is 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 y ear 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) (rela ting to capacity development strategies). Not more

### 21 than a total of 20 percent of the cap italization grants made to a State in any fiscal year may be withheld under the preceding provisions of this clause. All f unds withheld by the Administrator pursuant to this clause shall be reallotted by the Administrator on the b asis 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 Stat e has met the requirements of section 1420 (relating to capacity development). (ii) OPERATOR CERTIFICATION- The Administ rator shall withhold 20 percent of each capitalization grant made pursuant to this secti on 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 an d security for leveraged loans, the proceeds of which are deposited in a State loan fund established under para graph (1), or other financial assistance authorized under this section to community water systems and nonpr ofit noncommunity water systems, other than systems owned by Federal agencies. Financial assist ance under this section may be used by a public water system only for expenditures (not including monitori ng, operation, and maintenance expenditures) of a type or category which the Administrator has dete rmined, 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) fo r the purpose of providing the treatment described in section 1401(4)(B)(i)(III). The funds shall not be used fo r 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 St ate 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 th e 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 re quirement of a national primary drinking water regulation or variance. (B) RESTRUCTURING- A public water system de scribed 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 ope rations (including ownership, management, accounting, rates, maintenance, consolidation, a lternative 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 w ith 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 determin e whether subparagraph (A)(i) applies to the system.

(b) INTENDED USE PLANS- (1) IN GENERAL- After providing for public revi ew 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 availa ble to the State loan fund of the State.

### 22 (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 pr ovide, 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 co mpliance with the requirements of this title (including requirements for filtration); and (iii) assist systems most in need on a per househol d 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 sh all be invested in interest bearing obligations. (D) ASSISTANCE FOR DISADVANTAGED COMMUNITIES- (1) LOAN SUBSIDY- Notwithstanding any other pr ovision 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 additi onal subsidization (inc luding 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) ma y 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 re view and comment by the State in which the public water system is located. The Administrato r 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 be fore 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 pr oject, 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;

### 23 (C) the recipient of each loan will establish a de dicated 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 insura nce 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 paym ent of principal and interest on revenue or general obligation bonds issued by the State if the pro ceeds 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- No twithstanding subsection (c), a State may (as a convenience and to avoid unnecessary administrative costs) combine, in acco rdance with State law,

the financial administration of a State loan f und 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 pu rposes specified in subsection (a); and (B) the authority to establish assistance priorities and carry out oversight and related activities (other than financial administration) with resp ect to assistance remains with the State agency having primary responsibility for administration of the State program under section 1413, after consultation with other appropriate Stat e agencies (as determined by the State): Provided That in nonprimacy States eligible to receive assi stance 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 reasona ble 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 fund s allotted to the State under this section-- (A) for public water system supe rvision programs under section 1443(a); (B) to administer or provide technical assi stance through source water protection programs; (C) to develop and implement a capacity de velopment 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 th e 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 th e 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 th e 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 accordan ce 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 ava ilable 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

### 24 accounting standards. (4) STATE REPORT- Each State administering a loan fund and assistance program under this subsection shall publish and submit to the Administra tor a report every 2 years on its activities under this section, including the findings of the most recent aud it 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 accordan ce 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 wate r systems in the United States and submit a report to the Congress containing the results of the asse ssment within 180 days after the date of enactment of the Safe Drinking Water Act Amen dments of 1996 and every 4 years thereafter. (I) INDIAN TRIBES- (1) IN GENERAL- 1 1/2 percent of the amounts appr opriated 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 Administ rator under this section or assistance from State loan funds established under this section. The grants may on ly 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 para graph (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 th e Director of the Indian Health Service and Indian

Tribes. (3) ALASKA NATIVE VILLAGES- In the case of a gr ant for a project under this subsection in an Alaska Native village, the Administrator is also authori zed to make grants to th e 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 c onsultation with the Director of the Indian Health Service and Indian Tribes, sh all, in accordance with a schedule th at is consistent with the needs surveys conducted pursuant to sub section (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 availabl e 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, Am erican 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 pe rcent 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 sub section (a)(2) to acquire land or a conservation easement from a willing seller or grantor, if the pu rpose of the acquisition is to protect the source water of the system from contamination and to en sure 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 delin eated pursuant to section 1453, in order to facilitate compliance with national primary drinki ng water regulations applicable to the system under section 1412 or otherwise significantly furthe r the health protection objectives of this title. Funds authorized under this clause may be u sed to fund only voluntary, incentive-based

mechanisms. (iii) Any community water system to pr ovide funding in accordance with section

### 25 1454(a)(1)(B)(i). (B) Provide assistance, including technical and fi nancial 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 gran t of the State for fiscal years 1996 and 1997 to delineate and assess source water protection ar eas in accordance with section 1453, except that funds set aside for such expenditure sha ll 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 ease ments 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 devel opment 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 impl ement 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 pub lic 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 time ly 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 aut horized 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 appropr iated 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 sh all 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 CONT AMINANTS- From funds appropriated pursuant to this section for each fiscal year beginni ng with fiscal year 1998, the Administrator shall reserve $2,000,000 to pay the costs of monitori ng 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 de monstration 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 financ ing 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 wh ere 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, Virg inia. The funds allotted to that State and deposited

### 26 in the State loan fund may be loaned to a regiona l endowment fund for the purpose set forth in this subsection under a plan to be approved by the Admini strator. 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 r eservations 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 sha ll 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.

### 27 

## Appendix C

First Federal Register Notice on the Source Water Protection ICR50726 Federal Register / Vol. 76, No. 158 / Tuesday, August 16, 2011 / Notices

Dated: August 9, 2011. Kimberly D. Bose,
Secretary.

[FR Doc. 2011–20753 Filed 8–15–11; 8:45 am]

**BILLING CODE 6717–01–P**

**DEPARTMENT OF ENERGY**

**Federal Energy Regulatory**
**Commission**

**[Project No. 14170–000]**

**Riverbank Hydro No. 14, LLC; Notice of Preliminary Permit Application**  **Accepted for Filing and Soliciting Comments, Motions To Intervene, and**  **Competing Applications**

On May 2, 2011, Riverbank Hydro No. 14, LLC (Riverbank Hydro), filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Tuttle Creek Hydroelectric Project (Tuttle Creek Project or project) to be located at the U.S. Army Corps of Engineers’ (Corps) Tuttle Creek Dam, on Big Blue River, near Manhattan, Riley County, Kansas. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorizethe permit holder to perform any landdisturbing activities or otherwise enter upon lands or waters owned by others without the owners’ express permission.

The proposed project would consist of the following: (1) A 350-foot-long, 16- foot-diameter penstock bifurcating from the existing outlet structure; (2) a 100- foot-long, 50-foot-wide concrete powerhouse containing one turbine with a generator rating of 7.9 megawatts; (3) a tailrace structure directing flows from the powerhouse back into the river channel downstream of the existing dam; (4) a 2.8-mile-long, 25-kilovolt transmission line connecting the project to an existing transmission line; and (5) appurtenant facilities. The estimated annual generation of the Tuttle Creek Project would be 30.5 gigawatt-hours.

Applicant Contact: Mr. Kuo-Bao Tong, Riverbank Power Corporation, Royal Bank Plaza, South Tower, P.O. Box 166, 200 Bay Street, Suite 3230, Toronto, Ontario, Canada M5J2J4; phone: (416) 861–0092, extension 154.

FERC Contact: Sergiu Serban; phone: (202) 502–6211.

Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web

site http://www.ferc.gov/docs-filing/ efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your
name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at 1–866–208–3676, or for TTY, (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’
link of Commission’s Web site at http:// www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P–14170–000)
in the docket number field to access the document. For assistance, contact FERC Online Support.

Dated: August 9, 2011. Kimberly D. Bose,
Secretary.

[FR Doc. 2011–20754 Filed 8–15–11; 8:45 am]

**BILLING CODE 6717–01–P**

**DEPARTMENT OF ENERGY**

**Southwestern Power Administration**

**Integrated System Power Rates:**
**Correction**

**AGENCY :**  Southwestern Power Administration, DOE.

**ACTION :**  Notice of public review and comment; Correction.

**SUMMARY :**  Southwestern Power Administration published a document
in the Federal Register (76 FR 48159) on August 8, 2011, announcing the public review and comment period on proposed rates. Inadvertently, the date
listed for the combined Public
Information and Comment Forum (Forum) was erroneously listed in the

**DATES** section as of August 16, 2011. The correct date and time for the Forum, if requested, will be August 30, 2011, at

9 a.m. **FOR FURTHER INFORMATION CONTACT :**  Mr. James K. McDonald, Assistant Administrator, Office of Corporate Operations, Southwestern Power Administration, U.S. Department of Energy, One West Third Street, Tulsa, Oklahoma 74103, (918) 595–6690, jim.mcdonald@swpa.gov.

Dated: August 10, 2011. Jon Worthington,

Administrator.

[FR Doc. 2011–20934 Filed 8–12–11; 4:15 pm]

**BILLING CODE 6450–01–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–HQ–OW–2004–0013; FRL–9452–1]**

**Agency Information Collection Activities; Proposed Collection;**  **Comment Request; EPA Strategic Plan**
**Information on Source Water**
**Protection**

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Notice.

**SUMMARY :**  In compliance with the Paperwork Reduction Act (PRA) (44

U.S.C. 3501 et seq. ), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on December 31, 2011. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection
as described in the **SUPPLEMENTARY**

**INFORMATION** section.

**DATES :**  Comments must be submitted on or before October 17, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OW–2004–0013 by one of the following
methods:

• http://www.regulations.gov: Follow the on-line instructions for submitting

comments.

• E–mail: OW–Docket@epa.gov.

• Mail: Water Docket, Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington,

DC 20460.

• Hand Delivery: The EPA Docket Center at the Public Reading Room, Room B3334, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements
should be made for deliveries of boxed
information.


Instructions: Direct your comments to Docket ID No. EPA–HQ–OW–2004– 0013. EPA’s policy is that all comments received will be included in the public docket without change and may be
made available online at http:// www.regulations.gov, including any personal information provided, unless
the comment includes information
claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm.

**FOR FURTHER INFORMATION CONTACT :**  Beth Hall, Drinking Water Protection Division—Prevention Branch, Office of Ground Water and Drinking Water (MC 4606M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number: 202–564–3883; fax number:

202–564–3756; e–mail address: hall.beth@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

How can I access the docket and/or
submit comments?

EPA has established a public docket
for this ICR under Docket ID No. EPA– HQ–OW–2004–0013, which is available for online viewing at http:// www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 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.

Use www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 in this
document.

What information is EPA particularly
interested in?

Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits
comments and information to enable it

to:

(i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including
whether the information will have practical utility;

(ii) Evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(iii) Enhance the quality, utility, and clarity of the information to be collected; and

(iv) Minimize the burden of the
collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

You may find the following suggestions helpful for preparing your

comments:

1. Explain your views as clearly as possible and provide specific examples.

2. Describe any assumptions that you
used.

3. Provide copies of any technical information and/or data you used that support your views.

4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity.

6. Make sure to submit your comments by the deadline identified
under **DATES**

.

7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date,
and Federal Register citation.

What information collection activity or ICR does this apply to?

Affected entities: Entities potentially affected by this action are State environmental and health agencies.

Title: EPA Strategic Plan Information

on Source Water Protection.

ICR numbers: EPA ICR No. 1816.05, OMB Control No. 2040–0197.

ICR status: This ICR is currently scheduled to expire on December 31, 2011. 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 in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means,
such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.

Abstract: EPA is collecting, on a voluntary basis, data from the states on their progress toward substantial implementation of prevention strategies for all community water systems (CWSs). The information to be collected will help states and EPA understand the progress toward the Agency’s goal of increasing the number of CWSs (and the populations they serve) with minimized risk to public health through development and implementation of source water protection strategies for source water areas. The Safe Drinking Water Act, while authorizing the generation of this data, does not require the implementation of source water protection programs by States. Section 1452 of the Safe Drinking Water Act allows the use of Drinking Water State Revolving Fund monies for support
efforts in the information collection.

Burden Statement: The annual public reporting and recordkeeping burden for
this collection of information is estimated to average 27.6 hours per annual response for each respondent, or 4,224 hours over the next three years of
the information collection. 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 which have subsequently changed; 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.

The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here:

Estimated total number of potential respondents: 51.

Frequency of response: annual. Estimated total average number of responses for each respondent: 1.

Estimated total annual burden hours:

1,408.

Estimated total annual costs: $58,325. All of this cost is associated with labor; there are no capital investment or maintenance and operational costs
associated with this ICR.

Are there changes in the estimates from the last approval?

There is a decrease of 308 hours in the total estimated annual respondent burden compared with that identified in the ICR currently approved by OMB.
This decrease results from reduced labor
burden associated with automated reporting of progress toward developing and implementing prevention strategies for all community water systems via the Safe Drinking Water Information System (SDWIS). EPA estimates that 11 states will incur reduced burden by using the capabilities of SDWIS to report to EPA
on the status of contamination prevention efforts in their states.

What is the next step in the process for
this ICR?

EPA will consider the comments
received and amend the ICR as appropriate. The final ICR package will
then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue
another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under **FOR**

**FURTHER INFORMATION CONTACT**

.

Dated: August 11, 2011. Ronald W. Bergman, Acting Director, Office of Ground Water & Drinking Water.

[FR Doc. 2011–20827 Filed 8–15–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9451–8]**

**Science Advisory Board Staff Office;**
**Notification of Public Teleconferences of the Science Advisory Board**  **Radiation Advisory Committee**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  The EPA Science Advisory Board (SAB) Staff Office announces two teleconferences of the SAB Augmented Radiation Advisory Committee (RAC) to discuss the draft advisory report related
to uranium and thorium in-situ leach recovery and post-closure stability monitoring.

**DATES :**  The public teleconferences will be conducted on Tuesday, September 6, 2011 and Wednesday, October 5, 2011, from 1 p.m. to 4 p.m. (Eastern Daylight Time).

**ADDRESSES :**  The public teleconferences will be conducted by telephone only.

**FOR FURTHER INFORMATION CONTACT :**  Any member of the public wishing further information regarding this Notice may contact Dr. K. Jack Kooyoomjian, Designated Federal Officer (DFO), SAB Staff Office (1400R), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or by telephone/voice mail at (202) 564– 2064, or via e-mail at kooyoomjian.jack@epa.gov. General information concerning the EPA Science Advisory Board can be found at the EPA
SAB Web site at http//www.epa.gov/sab.

Technical Contact: Technical background information pertaining to the Uranium In-Situ leach recovery— Post-Closure Stability Monitoring can be
found at http://www.epa.gov/radiation/ tenorm/pubs.html. Information pertaining to EPA’s regulatory standards in 40 CFR part 192—Health and
Environmental Protection Standards for Uranium and Thorium Mill Tailings can
be found at http://yosemite.epa.gov/ opei/rulegate.nsf/byRIN/2060– AP43?opendocument. For questions concerning the technical aspects of this topic, please contact Dr. Mary E. Clark of the U.S. EPA, ORIA by telephone at (202) 343–9348, or via e-mail at clark.marye@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

Background: The SAB was established pursuant to the Environmental Research, Development,
and Demonstration Authorization Act (ERDAA), codified at 42 U.S.C. 4365, to provide independent scientific and technical peer review advice,
consultation and recommendations to
the EPA Administrator on the technical basis for Agency actions, positions and regulations. As a Federal Advisory Committee, the SAB conducts business
in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and related regulations. Pursuant to FACA and EPA policy, notice is hereby given that the augmented RAC will hold two public teleconferences. The SAB will comply with the provisions of FACA and all appropriate EPA and SAB Staff Office procedural policies.

The EPA has requested the SAB review the Agency draft technical document on ISL/ISR post closure stability monitoring to evaluate what
criteria should be considered to establish a specific period of monitoring for ISL/ISR facilities, once uranium extraction operations are completed. Among the issues to be considered are whether specific site characteristics,
features or benchmarks can be used to aid in establishing a post-closure monitoring time period; and if other technical approaches should be considered by EPA to provide reasonable assurances of aquifer stability and groundwater protection. The Agency’s draft technical document
will be used as a basis to evaluate the
technical and scientific issues pertaining to standards in 40 CFR part
192—Health and Environmental
Protection Standards for Uranium and Thorium Mill Tailings. The SAB RAC augmented with additional experts held an initial public teleconference of July 12, 2011 and a two-day meeting on July 18 and 19, 2011 to discuss advisory comments on the EPA’s June 2011 draft
technical document entitled

‘‘ Considerations Related to Post-Closure Monitoring of Uranium In-Situ Leach/ In-Situ Recovery (ISL/ISR) Sites ’’. These previous meetings were announced in
the Federal Register on Thursday, June 23, 2011 (Vol. 76, No. 121, pp. 36918– 36919). The purpose of the September 6, 2011 and October 5, 2011 public teleconferences is for the augmented RAC to discuss its draft advisory report on this topic.

Availability of Meeting Materials: The Agenda, roster of the augmented RAC,


### 31 

## Appendix D

FY 2011 End of Year (EOY) Re porting Protocol for “SP-4”

Action No Later Than

States should report two numbers -- the numbers of Community Water Systems (CWS) that have substantially impl emented Source Water Protection (SWP) according to the state definition and the population served by those CWS. States have the option of reporting to their Regional Office or through SDWIS (Attachment B). Any changes to a state’s definition of substantial implementation should be documented and provided to the region. Regions Determine

It is helpful to HQ if you use the sample reporting template (below). For each state, the Region should indicate whether or not the state is reporting through SDWIS. If “Yes,” indicate the date that the state formally notified the region (must be by June 30). For states conti nuing to report to the regions, “No,”

document the numbers of CWS and th e population served by those water systems. If there has been a change to any state’s definition of substantial implementation, the changes should be provided to HQ. E-mail the table and any narrative to Beth Hall [hall.beth@epa.gov]. Weds, Sept. 14

Headquarters will use SDWIS and the tables to calculate the percentages of CWS and population served for each State, a nd for the Region, based on Q3/FY2011 SDWIS-FED denominators and return those data to the Regions. Tuesday, October 4

Once the Regions have, for each state, th e final percentages, the Regions can complete entry of the final percentages of CWS and of the population served,

into ACS. Please make note in the ACS comment field provided if a state’s definition of substantial impl ementation has changed. Mid October

Sample Reporting Template for Regions

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

State Reporting

SDWIS ? For Y, date

Notification

received # CWSs Population Served

Connecticut Yes/No

Maine Yes/No

Massachusetts Yes/No

New Hampshire Yes/No

Rhode Island Yes/No

Vermont Yes/No

Narrative:

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