Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 36489 

or State appropriations that could be 

used to fully implement the 

Comprehensive Infrastructure Solution. 

Alternative 2 includes the four Core 

Projects (from Alternative 1) and six 

Supplemental Projects (10 projects in 

total) and would provide a more 

comprehensive solution for reducing 

contaminated transboundary flows. The 

six Supplemental Projects are Projects E 

(APTP Phase 2), F (U.S.-side River 

Diversion to APTP), G (New San 

Antonio de los Buenos Wastewater 

Treatment Plant [SABTP]), H (Tijuana 

Wastewater Treatment Plant Treated 

Effluent Reuse), I (ITP Treated Effluent 

Reuse), and J (Trash Boom[s]). 

A preferred alternative has not been 

identified at this time. Descriptions of 

the alternatives, including descriptions 

of Core and Supplemental Projects, can 

be found in the Draft PEIS and on the 

project website at https://www.epa.gov/ 

sustainable-water-infrastructure/usmcatijuana-river-watershed. 

Summary of Expected Impacts: The 

Proposed Action is expected to have 

beneficial impacts to public safety and 

water quality in the Tijuana River 

watershed and adjacent coastal areas. 

The Proposed Action covers a large 

geographic area and would impact a 

broad range of resource areas, including 

water resources, geologic resources, the 

coastal zone, air quality, climate, 

biological resources, cultural resources, 

land use, visual resources, solid and 

hazardous waste, energy, public services 

and utilities, public health and safety, 

transportation, noise, socioeconomics, 

and environmental justice. The impacts 

to these resources are analyzed in the 

Draft PEIS. 

Anticipated Permits and 

Authorization: Implementation of the 

Proposed Action may require Federal 

authorizations, permits, or consultants 

pursuant to the Endangered Species Act, 

Clean Water Act, National Historic 

Preservation Act, and Coastal Zone 

Management Act. EPA has initiated 

engagement with Federal agencies such 

as the U.S. Fish and Wildlife Service, 

National Marine Fisheries Service, and 

U.S. Army Corps of Engineers and is 

working closely with other binational, 

State, and local agencies and 

stakeholders. 

Public Comment: EPA and USIBWC 

have established a 45-day public 

comment period for the Draft PEIS. The 

45-day public comment period will start 

upon publication of the EPA Notice of 

Availability (NOA) of Programmatic 

Environmental Impact Statements in the 

Federal Register. Comments on the 

Draft PEIS must be received by 5 p.m. 

Pacific Daylight Time within 45 days 

after publication of the NOA. EPA and 

USIBWC are requesting written 

comments from Federal, State, and local 

governments, industry, nongovernmental organizations, and the 

general public on: 

• The range of alternatives 

considered, 

• The environmental issues 

evaluated, 

• The submitted alternatives, 

information, and analyses and the 

summary thereof, and/or 

• Measures to mitigate the 

environmental consequences of the 

Proposed Action. 

Public comment meetings will be held 

virtually on July 19, 2022. and July 20, 

2022. Consult the ‘‘Dates’’ section above 

for further information on the public 

comment meetings. All interested 

parties are encouraged to attend. 

Pursuant to 40 CFR 1503.3, comments 

on the Draft PEIS shall be as specific as 

possible, may address the adequacy of 

the Draft PEIS and/or the merits of the 

alternatives, and shall provide sufficient 

detail to meaningfully participate and 

fully inform EPA and USIBWC of the 

commenter’s position. Commenters 

should explain the importance of their 

comments to the consideration of 

potential impacts and alternatives to the 

Proposed Action, as well as economic 

and employment impacts, and other 

impacts affecting the quality of the 

human environment. Comments on the 

submitted alternatives, information, and 

analyses and summary should be as 

specific as possible. Comments and 

objections of any kind shall be raised 

within the comment period on the Draft 

PEIS. Commentors should reference the 

corresponding section or page number 

of the Draft PEIS; propose specific 

changes where possible; and include 

data sources and methodologies 

supporting any proposed changes. 

Estimated Date of Final PEIS Release: 

Once the public review and comment 

process is complete, EPA and USIBWC 

will prepare a Final PEIS and will 

publish a Federal Register notice 

announcing its public availability. EPA 

and USIBWC will provide the public 

with an opportunity to review and 

comment on the Final PEIS. After EPA 

and USIBWC consider those comments, 

EPA and USIBWC will prepare the final 

ROD and similarly announce its 

availability. Comments received during 

the Draft PEIS review period will be 

made available in the Final PEIS. The 

Final PEIS is expected to be released by 

November 2022. 

Martha Guzman Aceves, 

Regional Administrator, Environmental 

Protection Agency Region IX. 

Mariaelena Giner, 

Commissioner (U.S. Section), International 

Boundary and Water Commission, United 

States and Mexico United States Section. 

[FR Doc. 2022–13143 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9899–01–OW] 

Notice of Funding Availability for 

Credit Assistance Under WIFIA 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of funding availability. 

SUMMARY: In the Further Consolidated 

Appropriations Act, 2022, signed by the 

President on March 15, 2022, Congress 

provided $58.5 million in budget 

authority for the Water Infrastructure 

Finance and Innovation Act of 2014 

(WIFIA) program to cover the subsidy 

required to provide a much larger 

amount of credit assistance. The U.S. 

Environmental Protection Agency (EPA) 

estimates that this budget authority may 

provide approximately $5.5 billion in 

credit assistance and may finance 

approximately $11 billion in water 

infrastructure investment. The purpose 

of this notice of funding availability 

(NOFA) is to solicit letters of interest 

(LOIs) from prospective borrowers 

seeking credit assistance from EPA 

under the WIFIA program. 

ADDRESSES: Prospective borrowers 

should submit all LOIs electronically 

via EPA’s SharePoint site. To be granted 

access to the SharePoint site, 

prospective borrowers should contact 

wifia@epa.gov and request a link to the 

SharePoint site, where they can securely 

upload their LOIs and then email wifia@

epa.gov once the complete LOI package 

has been uploaded to the SharePoint 

site. 

EPA will notify prospective borrowers 

that their LOI has been received via a 

confirmation email. 

Prospective borrowers can access 

additional information, including the 

WIFIA program handbook and 

application materials, on the WIFIA 

website: https://www.epa.gov/wifia/. 

SUPPLEMENTARY INFORMATION: 


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A. Submission and Review of Letters of 

Interest on a Rolling Basis 

EPA is changing the way it accepts 

LOIs to respond to both market 

conditions, including cost inflation and 

supply chain shortages and unparalleled 

Federal investment through the 

Infrastructure Investment and Jobs Act 

and the American Rescue Plan Act. The 

WIFIA program will be responsive to 

these conditions by moving to a rolling 

selection process, whereby LOIs may be 

submitted by prospective borrowers and 

received by EPA at any time throughout 

the year. A rolling selection process 

allows EPA to provide year-round 

access to WIFIA funding and quicker 

selection decisions to prospective 

borrowers. In addition, under this 

iterative, rolling selection process, the 

WIFIA program can provide technical 

assistance to prospective borrowers that 

need feedback in order to complete their 

LOI package. Since LOIs will be 

evaluated on a first-come, first served 

basis, EPA encourages LOI submissions 

at the beginning of the availability 

period. 

B. Funding Availability Period 

LOIs may be submitted by prospective 

borrowers and will be received by EPA 

on a rolling basis. The LOI submittal 

period will begin on September 6, 2022 

and end on the earlier of (i) the date on 

which all budget authority made 

available under this NOFA is committed 

(notice of such to be provided on the 

WIFIA website: https://www.epa.gov/ 

wifia), and (ii) publication of a 

subsequent notice ending this LOI 

submittal period or replacing this NOFA 

with an updated NOFA. 

In addition, EPA reserves the right to 

make additional awards using FY2022 

appropriated funding or funding 

authority carried over from previous 

fiscal years, consistent with agency 

policy and guidance, if additional 

funding is available after the original 

selections are made. Any funding 

authority not obligated in the fiscal year 

for which it is authorized remains 

available for obligation in subsequent 

years. 

C. Summary of NOFA and Submission 

Instructions 

EPA will evaluate and select proposed 

projects described in the LOIs using the 

selection criteria established in the 

statute and regulation, and further 

described in this NOFA as well as the 

WIFIA program handbook. This NOFA 

establishes relative weights that will be 

used in the current LOI submittal period 

for the selection criteria, explains 

budgetary scoring factors to determine 

budgetary scoring compliance, and 

outlines the process that prospective 

borrowers should follow to be 

considered for WIFIA credit assistance. 

For a project to be considered during 

the availability period, EPA must 

receive an LOI, via SharePoint, before 

the end of the availability period. EPA 

anticipates any future NOFA will 

include sufficient notice of the end of 

the period for borrowers to complete 

LOIs in progress. 

When writing an LOI, prospective 

borrowers should complete the WIFIA 

LOI form and follow the guidelines 

contained on the WIFIA program 

website: https://www.epa.gov/wifia/ 

wifia-application-materials. Prospective 

borrowers should provide the LOI and 

any attachments as Microsoft Word 

documents or searchable PDF files, 

whenever possible, to facilitate EPA’s 

review. Additionally, prospective 

borrowers should ensure that financial 

information, including the pro forma 

financial statement, is in a formulabased Microsoft Excel document. 

Section VI of this NOFA provides 

additional details on the LOI’s content. 

EPA will invite each prospective 

borrower whose project proposal is 

selected for continuation in the process 

to submit a final application. Final 

applications should be received by EPA 

within 365 days of the invitation to 

apply, but EPA may extend the deadline 

on a case-by-case basis if the LOI 

schedule signals additional time may be 

needed. 

D. Opportunities To Learn More About 

the WIFIA Program 

EPA will host a series of webinars to 

provide further information about 

submitting an LOI. The webinar 

schedule and registration instructions 

can be found on the WIFIA program 

website: www.epa.gov/wifia. 

Prospective borrowers with questions 

about the program or interest in meeting 

with the WIFIA program staff may send 

a request to wifia@epa.gov. EPA will 

meet with all prospective borrowers 

interested in discussing the program 

prior to submission of an LOI. 

Table of Contents 

I. Background 

II. Program Funding 

III. Eligibility Requirements 

IV. Budgetary Scoring Determination for 

Non-Federal Projects 

V. Types of Credit Assistance 

VI. Letters of Interest and Applications 

VII. Fees 

VIII. Selection Criteria 

IX. Federal Requirements 

I. Background 

Congress enacted WIFIA as part of the 

Water Resources Reform and 

Development Act of 2014 (WRRDA). 

Codified at 33 U.S.C. 3901–3914, WIFIA 

authorizes a Federal credit program for 

water infrastructure projects to be 

administered by EPA. WIFIA authorizes 

EPA to provide Federal credit assistance 

in the form of secured (direct) loans or 

loan guarantees for eligible water 

infrastructure projects. 

The WIFIA program’s mission is to 

accelerate investment in our nation’s 

water, wastewater, and stormwater 

infrastructure by providing long-term, 

low-cost, supplemental credit assistance 

under customized terms to creditworthy 

water infrastructure projects of national 

and regional significance. Additionally, 

the WIFIA program is implementing 

four key Administration priorities in 

this 2022 NOFA: 

A. Increasing Investment in 

Economically-Stressed Communities 

EPA encourages the submission of 

projects that address the ever increasing 

needs of economically-stressed and 

disadvantaged communities to ensure 

they benefit from investments in water 

infrastructure, and therefore improve 

the public health and livability of these 

communities. 

B. Making Rapid Progress on Lead 

Service Line Replacement 

Many drinking water systems still 

have lead service lines. EPA encourages 

the submission of drinking water 

infrastructure projects that will help 

make rapid progress on replacing lead 

service lines so we can reduce exposure 

to lead and improve public health. 

C. Addressing PFAS and Emerging 

Contaminants 

EPA encourages the submission of 

projects that focus on reducing people’s 

exposure to perfluoroalkyl and 

polyfluoroalkyl substances (PFAS) and 

other emerging contaminants through 

drinking water and/or projects that help 

address discharges of emerging 

contaminants from wastewater and/or 

stormwater systems. 

D. Supporting One Water Innovation 

and Resilience 

One of the defining features of WIFIA 

is the broad range of eligible projects 

that EPA can fund to flexibly support 

priority needs. EPA encourages 

borrowers to submit applications for 

water infrastructure projects that are 

new and innovative in regards to energy 

efficiency, addressing drought, or 

reducing water pollution and 

contaminants. In addition, EPA 


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1This estimated loan volume is provided for 

reference only. Consistent with the Federal Credit 

Reform Act of 1990 and the requirements of the 

Office of Management and Budget, the actual 

subsidy cost of providing credit assistance is based 

on individual project characteristics and calculated 

on a project-by-project basis. Thus, actual lending 

capacity may vary. 

encourages the submission of water 

infrastructure projects that are more 

resilient to all threats—whether it is 

natural disasters (e.g., flooding, 

hurricanes), climate change, or threats 

such as bioterrorism and cyber-attacks. 

II. Program Funding 

Congress appropriated $58.5 million 

in funding to cover the subsidy cost of 

providing WIFIA credit assistance. The 

subsidy cost covers the Federal 

government’s risk that the loan may not 

be paid back. EPA anticipates that the 

average subsidy cost for WIFIA-funded 

projects will be relatively low; therefore, 

this funding can be leveraged into a 

much larger amount of credit assistance. 

EPA estimates that this appropriation 

will allow the agency to provide 

approximately $5.5 billion 1 in longterm, low-cost financing to water 

infrastructure projects and accelerate 

approximately $11 billion in 

infrastructure investment around the 

country. 

III. Eligibility Requirements 

The WIFIA statute and implementing 

rules set forth eligibility requirements 

for prospective borrowers, projects, and 

project costs. The requirements outlined 

below are described in greater detail in 

the WIFIA program handbook. 

A. Eligible Applicants 

Prospective borrowers must be one of 

the following to be eligible for WIFIA 

credit assistance: 

(i) A corporation; 

(ii) A partnership; 

(iii) A joint venture; 

(iv) A trust; 

(v) A Federal, state, or local 

governmental entity, agency, or 

instrumentality; 

(vi) A tribal government or a 

consortium of tribal governments; or 

(vii) A state infrastructure financing 

authority. 

B. Eligible Projects 

The WIFIA statute authorizes EPA to 

provide credit assistance for a wide 

variety of projects. Projects must be one 

of the following to be eligible for WIFIA 

credit assistance: 

(i) One or more activities that are 

eligible for assistance under section 

603(c) of the Federal Water Pollution 

Control Act (33 U.S.C. 1383(c)), 

notwithstanding the public ownership 

requirement under paragraph (1) of that 

subsection; 

(ii) One or more activities described 

in section 1452(a)(2) of the Safe 

Drinking Water Act (42 U.S.C. 300j– 

12(a)(2)); 

(iii) A project for enhanced energy 

efficiency in the operation of a public 

water system or a publicly owned 

treatment works; 

(iv) A project for repair, rehabilitation, 

or replacement of a treatment works, 

community water system, or aging water 

distribution or waste collection facility 

(including a facility that serves a 

population or community of an Indian 

reservation); 

(v) A brackish or sea water 

desalination project, including chloride 

control, a managed aquifer recharge 

project, a water recycling project, or a 

project to provide alternative water 

supplies to reduce aquifer depletion; 

(vi) A project to prevent, reduce, or 

mitigate the effects of drought, 

including projects that enhance the 

resilience of drought-stricken 

watersheds; 

(vii) Acquisition of real property or an 

interest in real property— 

(a) If the acquisition is integral to a 

project described in paragraphs (i) 

through (v); or 

(b) Pursuant to an existing plan that, 

in the judgment of the Administrator, 

would mitigate the environmental 

impacts of water resources 

infrastructure projects otherwise eligible 

for assistance under this section; 

(viii) A combination of projects, each 

of which is eligible under paragraph (i) 

or (ii), for which a state infrastructure 

financing authority submits to the 

Administrator a single application; or 

(ix) A combination of projects secured 

by a common security pledge, each of 

which is eligible under paragraphs (i), 

(ii), (iii), (iv), (v), (vi), or (vii), for which 

an eligible entity, or a combination of 

eligible entities, submits a single 

application. 

C. Eligible Costs 

As defined under 33 U.S.C. 3906 and 

described in the WIFIA program 

handbook, eligible project costs are 

costs associated with the following 

activities: 

(i) Development-phase activities, 

including planning, feasibility analysis 

(including any related analysis 

necessary to carry out an eligible 

project), revenue forecasting, 

environmental review, permitting, 

preliminary engineering and design 

work, and other preconstruction 

activities; 

(ii) Construction, reconstruction, 

rehabilitation, and replacement 

activities; 

(iii) The acquisition of real property 

or an interest in real property (including 

water rights, land relating to the project, 

and improvements to land), 

environmental mitigation (including 

acquisitions pursuant to 33 U.S.C. 

3905(8)), construction contingencies, 

and acquisition of equipment; and 

(iv) Capitalized interest necessary to 

meet market requirements, reasonably 

required reserve funds, capital issuance 

expenses, and other carrying costs 

during construction. Capitalized interest 

on WIFIA credit assistance may not be 

included as an eligible project cost. 

D. Threshold Requirements 

For a project to be eligible for WIFIA 

credit assistance, a project must meet 

the following criteria: 

(i) The project and obligor shall be 

creditworthy; 

(ii) A project shall have eligible 

project costs that are reasonably 

anticipated to equal or exceed $20 

million, or for a project eligible under 

paragraph (2) or (3) of 33 U.S.C. 3905 

serving a community of not more than 

25,000 individuals, project costs that are 

reasonably anticipated to equal or 

exceed $5 million; 

(iii) Project financing shall be 

repayable, in whole or in part, from 

state or local taxes, user fees, or other 

dedicated revenue sources that also 

secure the senior project obligations of 

the project; shall include a rate 

covenant, coverage requirement, or 

similar security feature supporting the 

project obligations; and may have a lien 

on revenues subject to any lien securing 

project obligations; 

(iv) In the case of a project that is 

undertaken by an entity that is not a 

state or local government or an agency 

or instrumentality of a State or local 

government, or a tribal government or 

consortium of tribal governments, the 

project that the entity is undertaking 

shall be publicly sponsored; and 

(v) The applicant shall have 

developed an operations and 

maintenance plan that identifies 

adequate revenues to operate, maintain, 

and repair the project during its useful 

life. 

IV. Budgetary Scoring Determination 

for Non-Federal Projects 

To comply with Public Law 116–260, 

a project selected for WIFIA financing 

using funding appropriated in FY2022 

will be assessed using two initial 

screening questions and sixteen scoring 

factors. These questions will help the 

Office of Management and Budget 


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(OMB) determine compliance with 

budgetary scoring rules, a process that 

will be conducted in parallel to EPA’s 

LOI evaluation process outlined in this 

NOFA. The questions may be found in 

Federal Register publication: Water 

Infrastructure Finance and Innovation 

Act Program (WIFIA) Criteria Pursuant 

to Public Law 116–94 (85 FR 39189, 

June 30, 2020). These questions are also 

published in the WIFIA program 

handbook and further information about 

the scoring process may be referenced 

therein. EPA encourages project 

applicants to review the scoring criteria 

and provide sufficient information in 

the LOI or as an attachment to the LOI 

to facilitate EPA and OMB review of the 

prospective project considering the 

scoring criteria. 

V. Types of Credit Assistance 

Under WIFIA, EPA is permitted to 

provide credit assistance in the form of 

secured (direct) loans or loan 

guarantees. Each prospective borrower 

should list the estimated total capital 

costs of the project, broken down by 

activity type and differentiating between 

eligible project costs and ineligible 

project costs in the LOI and application. 

A. Maximum Amount of WIFIA Credit 

Assistance 

The maximum amount of WIFIA 

credit assistance to a project is 49 

percent of eligible project costs in 

almost all instances. 

B. Exception for Small Communities 

Recognizing the need that exists in 

both small and large communities to 

invest in infrastructure, Congress 

stipulated in statute that EPA set aside 

15 percent of the budget authority 

appropriated each year for small 

communities, defined as systems that 

serve a population of 25,000 or less. 

Pursuant to the WIFIA statute, of the 

funds set aside, any amount not 

obligated by June 1 of the fiscal year for 

which budget authority is set aside may 

be used for any size community. 

Regardless of whether EPA obligates 

these funds by June 1 of the fiscal year 

for which budget authority is set aside, 

EPA will endeavor to use 15 percent of 

its budget authority for small 

communities. 

EPA knows that small communities 

can face extraordinary challenges 

paying for needed water infrastructure 

projects. Therefore, EPA is offering 

small community prospective borrowers 

the opportunity to request credit 

assistance up to 80 percent of the 

eligible project costs. Small community 

needs represent a disproportionate 

amount of the overall water 

infrastructure needs nationwide. By 

offering credit assistance up to 80 

percent, EPA is making a project’s 

financing simpler and more accessible 

and reducing transaction costs for small 

communities, enabling them to finance 

and implement needed upgrades and 

improvements to their infrastructure. 

VI. Letters of Interest and Applications 

Each prospective borrower will be 

required to submit an LOI and, if 

invited, an application to EPA to be 

considered for approval. This section 

describes the LOI submission and 

application submission. 

A. Letter of Interest (LOI) 

Prospective borrowers seeking a 

WIFIA loan must submit an LOI 

describing the project fundamentals and 

addressing the WIFIA selection criteria. 

The primary purpose of the LOI is to 

provide adequate information to EPA to: 

(i) validate the eligibility of the 

prospective borrower and the 

prospective project, (ii) perform a 

preliminary creditworthiness 

assessment, (iii) perform a preliminary 

engineering feasibility assessment, and 

(iv) evaluate the project against the 

selection criteria. Based on its review of 

the information provided in the LOI, 

EPA will invite prospective borrowers 

to submit applications for their projects. 

Prospective borrowers are encouraged to 

review the WIFIA program handbook to 

help create the best justification 

possible for the project and a cohesive 

and comprehensive LOI submittal. 

Prospective borrowers should utilize 

the LOI form on the WIFIA website and 

ensure that sufficient detail about the 

project is provided for EPA’s review. 

EPA will notify a prospective borrower 

if its project is deemed ineligible as 

described in Section III of this NOFA or 

if additional information is needed to 

assess the LOI package. 

Below is guidance on what EPA 

recommends be included in the LOI. 

1. Key Loan Information. In this 

section, the prospective borrower 

provides a general description of the 

project, purpose, loan amount, total 

eligible project costs, application 

submission date, loan close date, and 

population information. The 

prospective borrower also includes 

information such as its legal name, 

address, website, Unique Entity ID from 

SAM.gov, and employer/taxpayer 

identification number. 

In the case of a project that is 

undertaken by an entity that is not a 

state or local government or an agency 

or instrumentality of a state or local 

government, or a tribal government or 

consortium of tribal governments, the 

project that the entity is undertaking 

must be publicly sponsored. Public 

sponsorship means that the prospective 

borrower can demonstrate, to the 

satisfaction of EPA, that it has consulted 

with the affected state, local, or tribal 

government in which the project is 

located, or is otherwise affected by the 

project, and that such government 

supports the proposed project. A 

prospective borrower can show support 

by including a certified letter signed by 

the approving state, tribal, or municipal 

department or similar agency; governor, 

mayor or other similar designated 

authority; statute or local ordinance; or 

any other means by which government 

approval can be evidenced. 

2. Engineering and Credit. In this 

section, the prospective borrower 

provides any technical reports or 

written information relevant to 

evaluating the project and a high-level 

schedule of dates for the project or 

projects included in the LOI. To 

evaluate creditworthiness, the 

prospective borrower provides a credit 

rating letter that is less than a year old 

or is actively maintained. If the 

prospective borrower does not have a 

current rating letter, the borrower 

describes how the senior obligations of 

the project will achieve an investmentgrade rating and includes a pro-forma 

and three years of audited financial 

statements. 

3. Selection Criteria. In this section, 

the prospective borrower describes the 

potential policy benefits achieved using 

WIFIA assistance with respect to each of 

the WIFIA program selection criteria. 

These criteria and their weights, as 

applicable, are enumerated in Section 

VIII of this NOFA and further explained 

in the WIFIA program handbook. 

4. Contact Information. In this 

section, the prospective borrower 

identifies the point of contact with 

whom the WIFIA program should 

communicate regarding the LOI. To 

complete EPA’s evaluation, the WIFIA 

program staff may contact a prospective 

borrower regarding specific information 

in the LOI. 

5. Certifications. In this section, the 

prospective borrower certifies that it 

will abide by all applicable laws and 

regulations, if selected to receive 

funding. 

6. SRF Notification. In this section, 

the prospective borrower acknowledges 

that EPA will notify the state 

infrastructure financing authority in the 

state in which the project is located that 

it submitted an LOI and provide the 

submitted LOI and source documents to 

that authority. The prospective borrower 

may opt out of having its LOI and 

source documents shared. 


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B. Application 

After EPA concludes its evaluation of 

a complete LOI package, a selection 

committee will invite the prospective 

borrower to apply based on review and 

scoring, as applicable, of the selection 

criteria and satisfaction of the eligibility 

requirements, while taking into 

consideration geographic and project 

diversity. The selection committee may 

choose to combine multiple LOIs or 

separate projects from a prospective 

borrower based on the creditworthiness 

review and may offer an alternative 

amount of WIFIA assistance than 

requested in the LOI. 

An invitation to apply for WIFIA 

credit assistance does not guarantee 

EPA’s approval, which remains subject 

to a project’s continued eligibility, 

including creditworthiness, the 

successful negotiation of terms 

acceptable to EPA, and the availability 

of funds at the time at which all 

necessary recommendations and 

evaluations have been completed. 

However, the purpose of EPA’s LOI 

review is to pre-screen prospective 

borrowers to the extent practicable. It is 

expected that EPA will only invite 

prospective borrowers to apply if it 

anticipates that those prospective 

borrowers are able to obtain WIFIA 

credit assistance. Detailed information 

needs for the application are listed in 

the application form and described in 

the WIFIA program handbook. 

VII. Fees 

There is no fee to submit an LOI. For 

information about application and postclosing costs, please refer to the WIFIA 

fee rule, Fees for Water Infrastructure 

Project Applications under WIFIA, 40 

CFR 35.10080. 

VIII. Selection Criteria 

This section specifies the criteria and 

process that EPA will use to evaluate 

LOIs and award applications for WIFIA 

assistance. 

The selection criteria described below 

incorporate statutory eligibility 

requirements, supplemented by the 

WIFIA regulations at 40 CFR 35.10055, 

and by the Administration priorities 

identified in Section I of this document. 

EPA’s priorities reflect water sector 

challenges that require innovative tools 

to assist local governments in managing 

and adapting to our most pressing 

public health and environmental 

challenges. These priorities are reflected 

in the scoring methodology of the 

selection criteria below, described in 

greater detail in the WIFIA program 

handbook. 

The WIFIA selection criteria are 

divided into three categories: Project 

Readiness, Borrower Creditworthiness 

and Project Impact. Each LOI will be 

evaluated for the extent to which the 

project satisfies the criteria listed below 

for each category. To satisfy the overall 

category review, it is not necessary to 

satisfy all of the criteria for each 

category. For the Project Impact 

category, WIFIA staff will score LOIs 

based on the points indicated below. All 

projects that satisfy category level 

review for all three categories will be 

selected for funding, assuming sufficient 

funds are still available. The criteria are 

as follows: 

Project Readiness: 

(i) The readiness of the project to 

proceed toward development, including 

a demonstration by the obligor that 

there is a reasonable expectation that 

the contracting process for construction 

of the project can commence by not later 

than 90 days after the date on which a 

Federal credit instrument is obligated 

for the project under [WIFIA]. 33 U.S.C. 

3907(b)(2)(J); and 40 CFR 35.10055(a)(9). 

(ii) Preliminary engineering feasibility 

analysis. 33 U.S.C. 3907(a)(2); 33 U.S.C. 

3907(a)(6); 40 CFR 35.10015(c); and 40 

CFR 35.10045(a). 

Borrower Creditworthiness: 

(i) The likelihood that assistance 

under [WIFIA] would enable the project 

to proceed at an earlier date than the 

project would otherwise be able to 

proceed. 33 U.S.C. 3907(b)(2)(C); and 40 

CFR 35.10055(a)(2). 

(ii) The extent to which the project 

financing plan includes public or 

private financing in addition to 

assistance under [WIFIA]. 33 U.S.C. 

3907(b)(2)(B); and 40 CFR 

35.10055(a)(10). 

(iii) The extent to which assistance 

under [WIFIA] reduces the contribution 

of Federal assistance to the project. 33 

U.S.C. 3907(b)(2)(K); and 40 CFR 

35.10055(a)(11). 

(iv) The amount of budget authority 

required to fund the Federal credit 

instrument made available under 

[WIFIA]. 33 U.S.C. 3907(b)(2)(E). 

(v) Preliminary creditworthiness 

assessment analysis. 33 U.S.C. 

3907(a)(1); 40 CFR 35.10015(c); 40 CFR 

35.10045(a)(1); 40 CFR 35.10045(a)(4); 

and 40 CFR 35.10045(b). 

Project Impact: 

(i) 5 points: The extent to which the 

project is nationally or regionally 

significant, with respect to the 

generation of economic and public 

benefits, such as (1) the reduction of 

flood risk; (2) the improvement of water 

quality and quantity, including aquifer 

recharge; (3) the protection of drinking 

water, including source water 

protection; and (4) the support of 

international commerce. 33 U.S.C. 

3907(b)(2)(A); and 40 CFR 

35.10055(a)(1). 

(ii) 25 points: The extent to which the 

project (1) protects against extreme 

weather events, such as floods or 

hurricanes; or (2) helps maintain or 

protect the environment, including 

Priority 3: 33 U.S.C. 3907(b)(2)(F); 40 

CFR 35.10055(a)(4); and 40 CFR 

35.10055(a)(5). 

(iii) 5 points: The extent to which the 

project serves regions with significant 

energy exploration, development, or 

production areas: 33 U.S.C. 

3907(b)(2)(G); and 40 CFR 

35.10055(a)(6). 

(iv) 5 points: The extent to which a 

project serves regions with significant 

water resource challenges, including the 

need to address: (1) water quality 

concerns in areas of regional, national, 

or international significance; (2) water 

quantity concerns related to 

groundwater, surface water, or other 

water sources; (3) significant flood risk; 

(4) water resource challenges identified 

in existing regional, state, or multistate 

agreements; or (5) water resources with 

exceptional recreational value or 

ecological importance. 33 U.S.C. 

3907(b)(2)(H); 40 CFR 35.10055(a)(7). 

(v) 5 points: The extent to which the 

project addresses identified municipal, 

state, or regional priorities. 33 U.S.C. 

3907(b)(2)(I); 40 CFR 35.10055(a)(8). 

(vi) 5 points: The extent to which the 

project addresses needs for repair, 

rehabilitation or replacement of a 

treatment works, community water 

system, or aging water distribution or 

wastewater collection system. 40 CFR 

35.10055(a)(12). 

(vii) 25 points: The extent to which 

the project serves economically stressed 

communities, or pockets of 

economically stressed rate payers 

within otherwise non-economically 

stressed communities, including 

Priority 1. 40 CFR 35.10055(a)(13). 

(viii) 25 points: The extent to which 

the project reduces exposure to lead in 

the nation’s drinking water systems or 

addresses emergent contaminants, 

including Priority 2. 40 CFR 

35.10055(b). 

(ix) 25 points: The extent to which the 

project uses new or innovative 

approaches, including Priority 4. 33 

U.S.C. 3907(b)(2)(D); 40 CFR 

35.10055(a)(3). 

In addition to the selection criteria, 

EPA is required by 33 U.S.C. 3902(a) to 

‘‘ensure a diversity of project types and 

geographical locations.’’ 

The scoring scales and guidance used 

to evaluate each project against the 

selection criteria are available in the 

WIFIA program handbook. Prospective 

borrowers considering WIFIA should 


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36494 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Notices 

review the WIFIA program handbook 

and discuss how the project addresses 

each of the selection criteria in the LOI 

submission. 

IX. Federal Requirements 

All projects receiving WIFIA 

assistance must comply with the 

applicable Federal requirements 

including (but not limited to) those 

listed below. Compliance with Federal 

requirements is not required for 

submitting a letter of interest, being 

invited to apply for a WIFIA loan, or 

submitting an application. The WIFIA 

program will review selected projects 

for compliance with Federal 

requirements once they have submitted 

an application. Additional information 

about Federal compliance requirements, 

including WIFIA’s BABAA waiver and 

the WIFIA Borrower Guide to Federal 

Requirements, is available at https://

www.epa.gov/wifia/wifia-federalcompliance-requirements. 

(i) Build America, Buy America Act, 

Public Law 117–58, § 70911–70917; 

(ii) American Iron and Steel 

Requirement, 33 U.S.C. 3914, https://

www.epa.gov/cwsrf/state-revolvingfund-american-iron-and-steel-aisrequirement; 

(iii) Labor Standards, 33 U.S.C. 1372, 

https://www.dol.gov/whd/govcontracts/ 

dbra.htm; 

(iv) National Environmental Policy 

Act of 1969, 42 U.S.C. 4321 et seq., 

https://www.epa.gov/nepa; 

(v) Floodplain Management, 

Executive Order 11988, 42 FR 26951, 

May 24, 1977, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

11988.html; 

(vi) Archeological and Historic 

Preservation Act, 16 U.S.C. 469–469c, 

https://www.nps.gov/archeology/tools/ 

laws/ahpa.htm; 

(vii) Clean Air Act, 42 U.S.C. 7401 et 

seq., https://www.epa.gov/clean-air-actoverview; 

(viii) Clean Water Act, 33 U.S.C. 1251 

et seq., https://www.epa.gov/aboutepa/ 

about-office-water; 

(ix) Coastal Barrier Resources Act, 16 

U.S.C. 3501 et seq., https://

www.fws.gov/program/coastal-barrierresources-act; 

(x) Coastal Zone Management Act, 16 

U.S.C. 1451 et seq., https://

coast.noaa.gov/czm/about/; 

(xi) Endangered Species Act, 16 

U.S.C. 1531 et seq., https://

www.fws.gov/endangered/; 

(xii) Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations, Executive Order 12898, 59 

FR 7629, February 16, 1994, https://

www.archives.gov/files/federal-register/ 

executive-orders/pdf/12898.pdf; 

(xiii) Protection of Wetlands, 

Executive Order 11990, 42 FR 26961, 

May 25, 1977, as amended by Executive 

Order 12608, 52 FR 34617, September 

14, 1987, https://www.epa.gov/cwa-404; 

(xiv) Farmland Protection Policy Act, 

7 U.S.C. 4201 et seq., https://

www.nrcs.usda.gov/wps/portal/nrcs/ 

detail/?cid=nrcs143_008275; 

(xv) Fish and Wildlife Coordination 

Act, 16 U.S.C. 661–666c, as amended, 

https://www.fws.gov/; 

(xvi) Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1801 et seq., https://

www.fisheries.noaa.gov/resource/ 

document/magnuson-stevens-fisheryconservation-and-management-act; 

(xvii) National Historic Preservation 

Act, 16 U.S.C. 470 et seq., https://

www.nps.gov/archeology/tools/laws/ 

NHPA.htm; 

(xviii) Safe Drinking Water Act, 42 

U.S.C. 300f et seq., https://

www.epa.gov/ground-water-anddrinking-water; 

(xix) Wild and Scenic Rivers Act, 16 

U.S.C. 1271 et seq., https://rivers.gov/; 

(xx) Debarment and Suspension, 

Executive Order 12549, 51 FR 6370, 

February 18, 1986, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

12549.html; 

(xxi) Demonstration Cities and 

Metropolitan Development Act, 42 

U.S.C. 3301 et seq., as amended, and 

Executive Order 12372, 47 FR 30959, 

July 14, 1982, http://portal.hud.gov/ 

hudportal/HUD?src=/program_offices/ 

comm_planning; 

(xxii) New Restrictions on Lobbying, 

31 U.S.C. 1352, https://www.epa.gov/ 

grants/lobbying-and-litigationinformation-federal-grants-cooperativeagreements-contracts-and-loans; 

(xxiii) Prohibitions relating to 

violations of the Clean Water Act or 

Clean Air Act with respect to Federal 

contracts, grants, or loans under 42 

U.S.C. 7606 and 33 U.S.C. 1368, and 

Executive Order 11738, 38 FR 25161, 

September 12, 1973, https://

www.archives.gov/federal-register/ 

codification/executive-order/ 

11738.html; 

(xxiv) The Uniform Relocation 

Assistance and Real Property 

Acquisition Policies Act of 1970, 42 

U.S.C. 4601 et seq., https://

www.gpo.gov/fdsys/pkg/FR-2005-01-04/ 

pdf/05-6.pdf; 

(xxv) Age Discrimination Act, 42 

U.S.C. 6101 et seq., https://

www.eeoc.gov/laws/statutes/adea.cfm; 

(xxvi) Equal Employment 

Opportunity, Executive Order 11246, 30 

FR 12319, September 28, 1965, https:// 

www.dol.gov/ofccp/regs/compliance/ 

ca_11246.htm; 

(xxvii) Section 13 of the Clean Water 

Act, Public Law 92–500, codified in 42 

U.S.C. 1251, https://www.epa.gov/ocr/ 

external-civil-rights-compliance-officetitle-vi; 

(xxviii) Section 504 of the 

Rehabilitation Act, 29 U.S.C. 794, 

supplemented by Executive Orders 

11914, 41 FR 17871, April 29, 1976 and 

11250, 30 FR 13003, October 13, 1965, 

https://www.epa.gov/ocr/section-504- 

rehabilitation-act-1973#:∼:text=

No%20otherwise

%20qualified%20individual%20with,

activity%20receiving%20Federal

%20financial%20assistance; 

(xxix) Title VI of the Civil Rights Act 

of 1964, 42 U.S.C. 2000d et seq., https:// 

www.epa.gov/environmentaljustice/ 

title-vi-and-environmental-justice; and 

(xxx) Participation by Disadvantaged 

Business Enterprises in Procurement 

under the Environmental Protection 

Agency Financial Assistance 

Agreements, 73 FR 15904, March 26, 

2008, https://www.epa.gov/resourcessmall-businesses. 

Detailed information about some of 

these requirements is outlined in the 

WIFIA program handbook and WIFIA 

Borrower Guide to Federal 

Requirements. Further information can 

be found at the links above. 

Authority: 33 U.S.C. 3901–3914; 40 

CFR part 35. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2022–12987 Filed 6–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL OP–OFA–020] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information 202– 

564–5632 or https://www.epa.gov/nepa. 

Weekly receipt of Environmental Impact 

Statements (EIS) 

Filed June 6, 2022 10 a.m. EST Through 

June 13, 2022 10 a.m. EST 

Pursuant to 40 CFR 1506.9. 

Notice: Section 309(a) of the Clean Air 

Act requires that EPA make public its 

comments on EISs issued by other 

Federal agencies. EPA’s comment letters 

on EISs are available at: https:/ 

cdxnodengn.epa.gov/cdx-enepa-public/ 

action/eis/search. 

EIS No. 20220078, Final, FRA, CA, 

Coachella Valley-San Gorgonio Pass 


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