Drinking Water State Revolving Fund - Statutory Authority and Program Regulation
Rule Summary
Statutory Authority
Within the Safe Drinking Water Act, Congress created a financial assistance program for water system capital improvements and technical assistance: the Drinking Water State Revolving Fund. This financial assistance program provides grants to states tribes, and territories to address capital improvement and assistance needs.
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42 U.S.C.
United States Code, 2013 Edition
Title 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
Program Regulation
The DWSRF program regulation defines in more detail the requirements and function of the program.
SUBCHAPTER XII - SAFETY OF PUBLIC WATER SYSTEMS
Part E - General Provisions
§300j–12. State revolving loan funds
(a) General authority
(1) Grants to States to establish State loan funds
(A) In general
The Administrator shall offer to enter into agreements with eligible States to make capitalization grants, including letters of credit, to the States under this subsection to further the health protection objectives of this subchapter, promote the efficient use of fund resources, and for other purposes as are specified in this subchapter.
(B) Establishment of fund
To be eligible to receive a capitalization grant under this section, a State shall establish a drinking water treatment revolving loan fund (referred to in this section as a "State loan fund") and comply with the other requirements of this section. Each grant to a State under this section shall be deposited in the State loan fund established by the State, except as otherwise provided in this section and in other provisions of this subchapter. No funds authorized by other provisions of this subchapter to be used for other purposes specified in this subchapter shall be deposited in any State loan fund.
Read §300j–12 in its entirety.
40 CFR Subpart L—Drinking Water State Revolving Funds Regulation
§35.3500 Purpose, policy, and applicability.
§35.3505 Definitions.
§35.3510 Establishment of the DWSRF program.
§35.3515 Allotment and withholdings of funds.
§35.3520 Systems, projects, and project-related costs eligible for assistance from the Fund.
§35.3525 Authorized types of assistance from the Fund.
§35.3530 Limitations on uses of the Fund.
§35.3535 Authorized set-aside activities.
§35.3540 Requirements for funding set-aside activities.
§35.3545 Capitalization grant agreement.
§35.3550 Specific capitalization grant agreement requirements.
§35.3555 Intended Use Plan (IUP).
§35.3560 General payment and cash draw rules.
§35.3565 Specific cash draw rules for authorized types of assistance from the Fund.
§35.3570 Reports and audits.
§35.3575 Application of Federal cross-cutting authorities (cross-cutters).
§35.3580 Environmental review requirements.
§35.3585 Compliance assurance procedures.
Appendix A to Subpart L of Part 35—Criteria for Evaluating a State's Proposed NEPA-Like Process
Deviations from DWSRF Regulations
Exception from 40 CFR 35.3560(f) and (g) and 40 CFR 35.3565(b) for Cash Draws (2022) (pdf)
Deviation from 40 CFR 35.3520(e)(3) for Off-Stream Reservoir in Defiance, Ohio (2001)
Deviation from 40 CFR 35.3520(e)(3) for Raw Water Reservoir/Settling Basin in Anahuac, Texas (2007)
Class Deviation from 40 CFR §35.3520(e)(2)] for Water Rights (2019)
Class Deviation from 40 CFR 35.3520(e)(1) and (3) for Rehabilitation of Dams and Reservoirs (2021)