Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 11287 

CropScience, 800 N Lindbergh Blvd., St. 

Louis, MO 63167. Active ingredient: 

Fluopyram (N-[2-[3-chloro-5- 

(trifluoromethyl)-2-pyridinyl]ethyl]-2- 

(trifluoromethyl)benzamide). Product 

type: Fungicide. Proposed use: Coffee. 

Contact: RD. 

Authority: 7 U.S.C. 136 et seq. 

Dated: February 11, 2021. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2021–03713 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2020–0282; FRL–10019–31– 

OW] 

State Formula Allocations for Sewer 

Overflow and Stormwater Reuse 

Grants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

allocation formula for the Sewer 

Overflow and Stormwater Reuse 

Municipal Grants Program as required 

by the Clean Water Act (CWA). EPA is 

required to establish a formula to 

allocate proportional shares of the 

amount appropriated to state entities to 

fund actions that will help manage 

combined sewer overflows, sanitary 

sewer overflows, and stormwater. EPA 

was directed to develop a formula based 

on the relevant infrastructure needs 

submitted in the latest Clean 

Watersheds Needs Survey (CWNS) 

along with additional information 

considered appropriate by the EPA 

Administrator. A summary of the 

formula is included in this document. 

This document reflects EPA’s 

consideration of public comments 

received in response to its August 4, 

2020 Federal Register publication. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Michael Goralczyk, Office of Water 

(mail code 4204M), Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW, Washington, DC 20460; 

telephone number: 202–564–7347; or 

email: Goralczyk.Michael@epa.gov 

(preferred). 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Statutory Language for the Allocation 

Formula 

III. Allocation Formula 

IV. Data Sources for the Allocation Formula 

I. Background 

The America’s Water Infrastructure 

Act (AWIA) of 2018 aims to improve 

water quality, expand infrastructure 

investments, enhance public health, 

increase jobs, and bolster the economy. 

Section 4106 of the AWIA amended 

Section 221 of the Clean Water Act 

(CWA) to reauthorize the Sewer 

Overflow and Stormwater Reuse 

Municipal Grants Program. This 

amended statute directs EPA to award 

grants to the states, the District of 

Columbia, and U.S. territories 

(collectively referred to as ‘‘states’’) for 

the purpose of providing grants to a 

municipality or municipal entity for 

planning, design, and construction of: 

1. Treatment works to intercept, 

transport, control, treat, or reuse 

municipal combined sewer overflows 

(CSOs), sanitary sewer overflows 

(SSOs), or stormwater; and 

2. Any other measures to manage, 

reduce, treat, or recapture stormwater or 

subsurface drainage water. 

EPA announced a proposed formula 

and methodology in the Federal 

Register on August 4, 2020 (85 FR 

47205), and requested public comment 

on the methodology of this allotment 

formula including the factors and data 

used in determining CSO, SSO, and 

stormwater infrastructure needs. The 

final formula announced in this 

document reflects EPA’s consideration 

of public comments. EPA’s response to 

comments is available at https://

www.regulations.gov/, Docket ID No. 

EPA–HQ–OW–2020–0282. 

II. Statutory Language for the 

Allocation Formula 

According to the CWA, funds 

appropriated for this program shall be 

allocated to the states according to their 

total proportional needs for municipal 

CSOs, SSOs, and stormwater as 

identified in the most recent CWNS and 

any other additional information 

considered appropriate by the EPA 

Administrator. This is described in 

Section 221(g)(2) of the CWA: 

‘‘the Administrator shall use the amounts 

appropriated to carry out this section for 

fiscal year 2020 and each fiscal year 

thereafter for making grants to States under 

subsection (a)(1) in accordance with a 

formula to be established by the 

Administrator, after providing notice and an 

opportunity for public comment, that 

allocates to each State a proportional share of 

such amounts based on the total needs of the 

State for municipal combined sewer overflow 

controls, sanitary sewer overflow controls, 

and stormwater identified in the most recent 

detailed estimate and comprehensive study 

submitted pursuant to section 516 of this title 

and any other information the Administrator 

considers appropriate.’’ 

The CWNS includes documented 

infrastructure needs. However, the most 

recent CWNS in 2012 did not include 

complete CSO, SSO, and stormwater 

infrastructure needs for every state and 

territory. In order to equitably allocate 

appropriated funds based on existing 

infrastructure needs, as directed in the 

amended Section 221 of the CWA, it is 

appropriate to include additional factors 

to fully characterize needs for CSOs, 

SSOs, and stormwater management. 

EPA consulted with state 

representatives and EPA regional 

coordinators experienced in managing 

EPA grants at the state level on a series 

of supplemental factors. With the 

feedback of these partners, EPA selected 

three additional factors based on the 

common availability of data across the 

states and the ability of these factors to 

serve as surrogates for CSO, SSO, and 

stormwater infrastructure needs. The 

three additional factors are annual 

average precipitation, total population, 

and urban population. The rationale for 

these additional factors includes the 

following: 

(1) Annual average precipitation is a 

factor because higher amounts of 

precipitation lead to greater CSO, SSO, 

and stormwater infrastructure needs to 

manage greater flows. 

(2) Total population is a factor 

because the larger the population of a 

state, the more infrastructure is 

generally required to serve them. 

(3) Urban population is a factor 

because there are relatively higher CSO, 

SSO, and stormwater infrastructure 

needs in urban environments from 

increased impervious surfaces, which 

generate increased wet weather flows 

during precipitation events. 

When combined with the needs 

determined in the CWNS, these three 

factors improve the representation of the 

CSO, SSO, and stormwater 

infrastructure needs in each state. This 

collective approach for assessing CSO, 

SSO, and stormwater infrastructure 

needs is the basis for this proposal on 

how to derive an allocation formula for 

appropriating funds for this program. 

III. Allocation Formula 

EPA will use the following 

methodology to allocate appropriated 

funds to the states for the Sewer 

Overflow and Stormwater Reuse 

Municipal Grant Program. 

Methodology 

1. Reserve 1% of the federal 

appropriation for EPA’s administrative 

expenses per Section 221(h) of the 

CWA. 


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11288 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 

1Clean Watersheds Need Survey 2012 Report to 

Congress, January 2016. https://www.epa.gov/cwns/ 

clean-watersheds-needs-survey-cwns-2012-reportand-data. 

2NOAA National Centers for Environmental 

information, Climate at a Glance: Statewide Time 

Series, accessed April 2020, https://

www.ncdc.noaa.gov/cag/statewide/time-series. 

3NOAA, Honolulu Forecast Office, Hilo Area, 

Honolulu Area, Kahului Area, and Lihue Area Data, 

https://w2.weather.gov/climate/ 

xmacis.php?wfo=hnl. 

4NOAA, Baltimore/Washington Forecast Office, 

Washington Area Data, https://w2.weather.gov/ 

climate/xmacis.php?wfo=lwx. 

5NOAA, San Juan Forecast Office, San Juan Area 

and Ensenada, and Morovis Weather Station Data. 

https://w2.weather.gov/climate/ 

xmacis.php?wfo=sju. 

2. Allocate the remaining amount 

(federal appropriation minus EPA 

administrative set-aside) based on 

several factors to characterize the ‘‘need 

allocation’’ of each state. In addition to 

the most recent CWNS, EPA chose 

additional objective factors to help 

characterize the infrastructure needs of 

each state, as permitted by CWA Section 

221(g)(2). EPA assigned weights to each 

of the factors in the allocation formula. 

The CWNS needs are weighted at 50% 

and the additional factors were 

weighted evenly to collectively account 

for the remaining 50%. The 

combination of the following factors 

forms the need allocation for each state. 

D Clean Watersheds Needs Survey: 

This factor is included as the statute 

directs EPA to use the needs submitted 

pursuant to CWA Section 516. Each 

allocation year, EPA will use the latest 

available CWNS information that 

provides a comprehensive assessment of 

CSOs, SSOs, and stormwater 

infrastructure needs. This factor 

represents 50% of the need allocation as 

these needs were directly identified in 

the survey. 

D Annual Average Precipitation: This 

factor is included to account for the 

volume of annual precipitation a state 

receives which suggests the amount of 

stormwater runoff that needs to be 

managed. This factor represents 16.67% 

of the need allocation. 

D Total Population: This factor is 

included to represent the proportional 

need of each state’s population size 

acknowledging that higher populations 

generally have greater infrastructure 

needs. This factor represents 16.67% of 

the need allocation. 

D Urban Population: This factor is 

included to represent the needs that 

urban centers have for CSOs, SSOs, and 

stormwater management due to high 

concentrations of impervious surfaces. 

This factor represents 16.67% of the 

need allocation. 

3. Adjust the allocation proportions to 

ensure that no state receives an 

allocation below 0.5%. Any adjustments 

to raise states to this base allocation 

amount will be taken at a proportional 

basis from states that were above this 

base amount. Once adjustments are 

made to ensure that each state receives 

at least 0.5% of the remaining amount 

(federal appropriation minus EPA 

administrative set-aside), this allocation 

will be considered the final state 

allocation for the applicable fiscal year. 

In following this methodology, the 

results for each state’s allocation 

proportion are shown in Table 1. 

TABLE 1—STATE ENTITY ALLOCATION

TABLE

State entity Allocation 

percentage 

Alabama ................................ 1.0 

Alaska ................................... 0.5 

American Samoa .................. 0.5 

Arizona .................................. 0.8 

Arkansas ............................... 0.7 

California ............................... 10.6 

Colorado ............................... 1.0 

Connecticut ........................... 2.2 

Delaware ............................... 0.5 

District of Columbia .............. 1.3 

Florida ................................... 2.7 

Georgia ................................. 1.5 

Guam .................................... 0.9 

Hawaii ................................... 0.5 

Idaho ..................................... 0.5 

Illinois .................................... 2.7 

Indiana .................................. 3.1 

Iowa ...................................... 0.8 

Kansas .................................. 1.2 

Kentucky ............................... 2.1 

Louisiana .............................. 1.4 

Maine .................................... 0.6 

Maryland ............................... 2.7 

Massachusetts ...................... 2.6 

Michigan ............................... 1.5 

Minnesota ............................. 0.7 

Mississippi ............................ 0.8 

Missouri ................................ 3.9 

Montana ................................ 0.5 

Nebraska .............................. 1.3 

Nevada ................................. 0.7 

New Hampshire .................... 1.0 

New Jersey ........................... 5.7 

New Mexico .......................... 0.5 

New York .............................. 6.4 

North Carolina ...................... 1.3 

North Dakota ........................ 0.5 

Northern Marianas ................ 0.8 

Ohio ...................................... 7.0 

Oklahoma ............................. 0.8 

Oregon .................................. 1.5 

Pennsylvania ........................ 3.5 

Puerto Rico ........................... 0.9 

Rhode Island ........................ 0.9 

South Carolina ...................... 0.8 

South Dakota ........................ 0.5 

Tennessee ............................ 1.5 

Texas .................................... 5.5 

Utah ...................................... 0.5 

Vermont ................................ 0.5 

Virgin Islands ........................ 0.5 

Virginia .................................. 2.1 

Washington ........................... 1.8 

West Virginia ........................ 1.3 

Wisconsin ............................. 1.8 

Wyoming ............................... 0.5 

IV. Data Sources for the Allocation 

Formula 

D Clean Watersheds Needs Survey: 

The CWNS includes and documents 

identified capital investment needs for 

Sanitary Sewer Overflow Correction 

(Categories I–IV where states have 

shown a designated SSO need), 

Combined Sewer Overflow Correction 

(Category V), and Stormwater 

Management (Category VI). Information 

for this factor will be taken from the 

most recent published CWNS 1 and will 

be updated accordingly. 

D Annual Average Precipitation: The 

precipitation factor for each state is the 

annual average amount of precipitation 

collected from the past 10 years of data 

from the National Oceanographic and 

Atmospheric Association (NOAA) 

National Centers for Environmental 

Information, Climate at a Glance: 

Statewide Time Series. These data will 

be updated annually to form a 10-year 

rolling average.2 Due to data limitations, 

alternative data sources are to be used 

for the following states: 

—Hawaii: The past 10 years of data for 

annual average precipitation will be 

collected from the Hilo Area, 

Honolulu Area, Kahului Area, and 

Lihue Area from the Honolulu 

Forecast Office of NOAA.3 These 

sources constitute the most complete 

data set in the relevant timeframe and 

are considered the best available 

representation for Hawaii. 

—District of Columbia: The past 10 

years of data for annual average 

precipitation will be collected from 

the Washington Area from the 

Baltimore/Washington Forecast Office 

of NOAA. This is the most complete 

data set in the relevant timeframe and 

is considered the best available 

representation for the District of 

Columbia.4

—Puerto Rico: The past 10 years of data 

for annual average precipitation will 

be collected from the San Juan Area 

and Ensenada and Morovis weather 

stations from the San Juan Forecast 

Office of NOAA. These sources 

constitute the most complete data set 

in the relevant timeframe and are 

considered the best available 

representation for Puerto Rico.5

—American Samoa: The past 10 years of 

data for annual average precipitation 

will be collected from the Pago Pago 

Area from the Pago Pago Forecast 

Office of NOAA. This is the most 

complete data set in the relevant 


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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Notices 11289 

6NOAA, Pago Pago Forecast Office, Pago Pago 

Area Data, https://w2.weather.gov/climate/ 

xmacis.php?wfo=samoa. 7NOAA, Tivan Forecast Office, Guam Area Data, 

https://w2.weather.gov/climate/ 

xmacis.php?wfo=guam. 8 Ibid. 

9NOAA, San Juan Forecast Office, Christiansted 

Airport and St. Thomas Weather Station Data, 

https://w2.weather.gov/climate/ 

xmacis.php?wfo=sju. 10U.S. Census Bureau, State Population Totals 

and Components of Change 2010–2019, https://

www.census.gov/data/tables/time-series/demo/ 

popest/2010s-state-total.html. 

11U.S. Census Bureau, 2010 Island Area Tables, 

https://www.census.gov/data/tables/2010/dec/2010- 

island-areas.html. 

12U.S. Census Bureau, Census Urban and Rural 

Classification and Urban Area Criteria, https://

www.census.gov/programs-surveys/geography/ 

guidance/geo-areas/urban-rural/2010-urbanrural.html. 

13Central Intelligence Agency, World Factbook, 

American Samoa, https://www.cia.gov/library/ 

publications/the-world-factbook/geos/aq.html. 

14Central Intelligence Agency, World Factbook, 

Guam, https://www.cia.gov/library/publications/ 

the-world-factbook/geos/gq.html. 

15Central Intelligence Agency, World Factbook, 

Northern Mariana Islands, https://www.cia.gov/ 

library/publications/the-world-factbook/geos/ 

cq.html. 

16Central Intelligence Agency, World Factbook, 

U.S. Virgin Islands, https://www.cia.gov/library/ 

publications/the-world-factbook/geos/vq.html. 

timeframe and is considered the best 

available representation for American 

Samoa.6

—Guam: The past 10 years of data for 

annual average precipitation will be 

collected from the Guam Area from 

the Tiyan Forecast Office of NOAA. 

This is the most complete data set in 

the relevant timeframe and is 

considered the best available 

representation for Guam.7

—Northern Mariana Islands: The past 

10 years of data for the annual average 

precipitation will be collected from 

the Guam Area from the Tiyan 

Forecast Office of NOAA. There are 

no available weather stations in the 

Northern Mariana Islands. However, 

the Northern Mariana Islands are 

covered by the Tiyan Forecast Office 

and Guam is located approximately 

130 miles away. It has been 

determined that data from the Guam 

Area can be considered an acceptable 

surrogate for precipitation amounts in 

the Northern Mariana Islands.8

—U.S. Virgin Islands: The past 10 years 

of data for the annual average 

precipitation will be collected from 

the Christiansted Airport and St. 

Thomas weather stations from the San 

Juan Forecast Office of NOAA. These 

sources constitute the most complete 

data set in the relevant timeframe and 

are considered the best available 

representation for the U.S. Virgin 

Islands.9

D Total Population: Data for the total 

population factor will be from the most 

recent published U.S. Census Bureau 

decennial census. The initial allocation 

will be based on the 2010 U.S. Census 

and will be updated accordingly. 

—The states, the District of Columbia, 

and Puerto Rico population data will 

be taken from the U.S. Census Bureau 

State Population Totals and 

Components of Change.10

—American Samoa, Guam, Northern 

Mariana Islands, and U.S. Virgin 

Islands population data will be taken 

from the U.S. Census Bureau Island 

Area Tables.11

D Urban Population: The urban 

population factor for each state will be 

based on the available data from the 

most recent U.S. Census Bureau 

decennial census.12 The initial formula 

will be based on the 2010 U.S. Census 

and data will be updated as future 

decennial censuses are published. 

Urban population estimates for 

American Samoa, Guam, Northern 

Mariana Islands, and the U.S. Virgin 

Islands are not available through the 

Census. The following alternative data 

sources will be used and updated as 

needed. 

—American Samoa: Data from the 

Central Intelligence Agency World 

Factbook will be used. The percentage 

of the total population considered to 

be urban (currently 87.2%) will be 

multiplied by the total population.13

—Guam: Data from the Central 

Intelligence Agency World Factbook 

will be used. The percentage of the 

total population considered to be 

urban (currently 94.9%) will be 

multiplied by the total population.14

—Northern Mariana Islands: Data from 

the Central Intelligence Agency World 

Factbook will be used. The percentage 

of the total population considered to 

be urban (currently 91.8%) will be 

multiplied by the total population.15

—U.S. Virgin Islands: Data from the 

Central Intelligence Agency World 

Factbook will be used. The percentage 

of the total population considered to 

be urban (currently 95.9%) will be 

multiplied by the total population.16

Dated: January 25, 2021. 

Andrew D. Sawyers, 

Director, Office of Wastewater Management, 

Office of Water. 

[FR Doc. 2021–03756 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2007–0482–0012; FRL– 

10020–76–OMS] 

Information Collection Request 

Submitted to OMB for Review and 

Approval; Comment Request; 

SmartWay Transport Partnership 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency has submitted an information 

collection request (ICR), SmartWay 

Transport Partnership (EPA ICR Number 

2265.04, OMB Control Number 2060– 

0663) to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act. This is a proposed 

extension of the ICR, which is currently 

approved through April 21, 2021. Public 

comments were previously requested 

via the Federal Register filed on July 27, 

2020 during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. A fuller 

description of the ICR is given below, 

including its estimated burden and cost 

to the public. 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. 

DATES: Additional comments may be 

submitted on or before March 26, 2021. 

ADDRESSES: Submit your comments, 

referencing Docket ID Number EPA– 

HQ–OAR–2007–0482–0012, online 

using www.regulations.gov (our 

preferred method), by email to a-and-rdocket@epa.gov, or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Mail Code 28221T, 

1200 Pennsylvania Ave. NW, 

Washington, DC 20460. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change including any personal 

information provided, unless the 

comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

Submit written comments and 

recommendations to OMB for the 

proposed information collection within 

30 days of publication of this notice to 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 


khammond on DSKJM1Z7X2PROD with NOTICES