42 U.S.C. § 300j–2 — Grants for State programs
submitted 82 years ago by Pub. L. 93-523 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,705 words · no verdicts yet
The EPA gives states grants to run public water system and groundwater protection programs. Grants cover up to 75 percent of costs, split among states based on population and other factors. New York also gets special funding to protect its watershed for the New York City water supply.
(a) Public water systems supervision programs; applications for grants; allotment of sums; waiver of grant restrictions; notice of approval or disapproval of application; authorization of appropriations. The EPA can give states grants to run "public water system supervision programs" — meaning programs to adopt and enforce drinking water rules that are at least as strict as the national rules, with the allowed variances and exemptions no less strict than the law allows, and to keep the required records and reports. A state* must apply for a grant. For a state's very first grant, the EPA can't approve it unless the state will set up its own supervision program and take over primary enforcement of drinking water rules within one year. After that first year, a state gets no more grants unless it has taken over and keeps that primary enforcement role — except this rule doesn't apply to grants made to Indian Tribes. A grant can cover up to 75 percent of what it costs the state to run its program for one year. Each year, the EPA divides that year's appropriated money among the states based on population, land area, number of water systems, and other relevant factors; no state gets less than 1 percent of the yearly total (though the EPA can lower that floor by regulation), and this 1-percent floor doesn't apply to Guam, American Samoa, or the Virgin Islands. Through fiscal year 1979, the EPA could waive the rule that a state must already have primary enforcement responsibility, if the EPA believed the state was working hard toward it, had made real progress, and would likely take over by October 1, 1979 — but a grant made under that waiver couldn't exceed 75 percent of what the state would have gotten with full enforcement responsibility, and the EPA held back the other 25 percent to give the state once it qualified, before fiscal year 1980. Unspent held-back money from 1979 could be given instead to other states that had qualified by the start of fiscal year 1979 or 1980. The EPA must tell a state whether its grant application is approved or denied within 90 days of receiving it, or by the start of the funding year, whichever is later. Congress could spend $125,000,000 a year on these grants for fiscal years 2020 and 2021. If the EPA itself takes over a state's primary enforcement role, it can hold back the money the state would have received and use it to fully and effectively run the program in that state instead. And if, in any year, Congress gives the EPA less money for this subsection than the EPA needs on top of the money reserved above to properly run a state's program, the EPA can pull the shortfall from the state's separate drinking water loan fund money under section 300j–12 — but only for a state that already had primary enforcement responsibility as of August 6, 1996. If the EPA pulls funds that way, it must itself carry out every activity the state would otherwise have had to do under its primary enforcement authority.
(b) Underground water source protection programs; applications for grants; allotment of sums; authorization of appropriations. Similarly, the EPA can give states grants to run "underground water source protection programs" — programs to adopt and enforce rules meeting the EPA's underground injection control requirements under section 300h, including the required records and reports, and including programs that meet the additional requirements of section 300h–4. A state must apply, and can't get a grant unless it takes over primary enforcement responsibility within two years after the EPA sets its underground injection control regulations — except, again, this doesn't apply to grants to Indian Tribes. A grant covers up to 75 percent of the state's cost of running the program for one year. Each year the EPA divides the appropriated funds among the states by population, land area, and other relevant factors. Congress set specific funding amounts for this program in past years, up through $15,000,000 a year for fiscal years 1992 through 2003.
(c) Definitions. A "public water system supervision program," for this section, means what's described in (a). An "underground water source protection program" means what's described in (b).
(d) New York City watershed protection program. The EPA can give New York State financial help for demonstration projects that are part of its watershed program to protect the source water of the New York City water supply, including monitoring and surveillance projects and projects needed to meet the federal filtration-avoidance rule (40 CFR 141.71). New York State must certify to the EPA that a project* meets this subsection's purpose, and must prioritize monitoring projects that have gone through peer review. Within 5 years of the EPA's first payment under this subsection, New York's Governor must report to the EPA on the results. Federal money can't cover more than 50 percent of the total cost of the protection program for any one watershed or groundwater recharge area. Congress could spend $15,000,000 a year to help New York carry this out, for fiscal years 2003 through 2010.
From allotments made pursuant to paragraph (4), the Administrator* may make grants to States to carry out public water system supervision programs.
No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State* for its first grant under paragraph (1) unless he determines that the State—
has established or will establish within one year from the date of such grant a public water system supervision program, and
will, within that one year, assume primary enforcement responsibility for public water systems within the State.
No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State’s first grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State. The prohibitions contained in the preceding two sentences shall not apply to such grants when made to Indian Tribes.
A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient’s costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision program.
In each fiscal year the Administrator shall, in accordance, with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant factors. No State shall receive less than 1 per centum of the annual appropriation for grants under paragraph (1): Provided, That the Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided further, That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands.
The prohibition contained in the last sentence of paragraph (2) may be waived by the Administrator with respect to a grant to a State through fiscal year 1979 but such prohibition may only be waived if, in the judgment of the Administrator—
the State is making a diligent effort to assume and maintain primary enforcement responsibility for public water systems within the State;
the State has made significant progress toward assuming and maintaining such primary enforcement responsibility; and
there is reason to believe the State will assume such primary enforcement responsibility by October 1, 1979.
The amount of any grant awarded for the fiscal years 1978 and 1979 pursuant to a waiver under this paragraph may not exceed 75 per centum of the allotment which the State would have received for such fiscal year if it had assumed and maintained such primary enforcement responsibility. The remaining 25 per centum of the amount allotted to such State for such fiscal year shall be retained by the Administrator, and the Administrator may award such amount to such State at such time as the State assumes such responsibility before the beginning of fiscal year 1980. At the beginning of each fiscal years 1979 and 1980 the amounts retained by the Administrator for any preceding fiscal year and not awarded by the beginning of fiscal year 1979 or 1980 to the States to which such amounts were originally allotted may be removed from the original allotment and reallotted for fiscal year 1979 or 1980 (as the case may be) to States which have assumed primary enforcement responsibility by the beginning of such fiscal year.
The Administrator shall notify the State of the approval or disapproval of any application for a grant under this section—
within ninety days after receipt of such application, or
not later than the first day of the fiscal year for which the grant application is made,
whichever is later.
For the purpose of making grants under paragraph (1), there are authorized to be appropriated $125,000,000 for each of fiscal years 2020 and 2021.
If the Administrator assumes the primary enforcement responsibility of a State public water system supervision program, the Administrator may reserve from funds made available pursuant to this subsection an amount equal to the amount that would otherwise have been provided to the State pursuant to this subsection. The Administrator shall use the funds reserved pursuant to this paragraph to ensure the full and effective administration of a public water system supervision program in the State.
For any fiscal year for which the amount made available to the Administrator by appropriations to carry out this subsection is less than the amount that the Administrator determines is necessary to supplement funds made available pursuant to paragraph (8) to ensure the full and effective administration of a public water system supervision program in a State, the Administrator may reserve from the funds made available to the State under section 300j–12 of this title (relating to State loan funds) an amount that is equal to the amount of the shortfall. This paragraph shall not apply to any State not exercising primary enforcement responsibility for public water systems as of August 6, 1996.
If the Administrator reserves funds from the allocation of a State under subparagraph (A), the Administrator shall carry out in the State each of the activities that would be required of the State if the State had primary enforcement authority under section 300g–2 of this title.
From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out underground water source protection programs.
No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. No grant may be made to any State under paragraph (1) unless the State has assumed primary enforcement responsibility within two years after the date the Administrator promulgates regulations for State underground injection control programs under section 300h of this title. The prohibition contained in the preceding sentence shall not apply to such grants when made to Indian Tribes.
A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient’s cost (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, and underground water source protection program.
In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, and other relevant factors.
For purposes of making grants under paragraph (1) there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1976, $7,500,000 for the fiscal year ending June 30, 1977, $10,000,000 for each of the fiscal years 1978 and 1979, $7,795,000 for the fiscal year ending September 30, 1980, $18,000,000 for the fiscal year ending September 30, 1981, and $21,000,000 for the fiscal year ending September 30, 1982. For the purpose of making grants under paragraph (1) there are authorized to be appropriated not more than the following amounts:
Fiscal year: | Amount |
|---|---|
1987 | $19,700,000 |
1988 | 19,700,000 |
1989 | 20,850,000 |
1990 | 20,850,000 |
1991 | 20,850,000 |
1992–2003 | 15,000,000. |
For purposes of this section:
The term “public water system supervision program” means a program for the adoption and enforcement of drinking water regulations (with such variances and exemptions from such regulations under conditions and in a manner which is not less stringent than the conditions under, and the manner in, which variances and exemptions may be granted under sections 300g–4 and 300g–5 of this title) which are no less stringent than the national primary drinking water regulations under section 300g–1 of this title, and for keeping records and making reports required by section 300g–2(a)(3) of this title.
The term “underground water source protection program” means a program for the adoption and enforcement of a program which meets the requirements of regulations under section 300h of this title, and for keeping records and making reports required by section 300h–1(b)(1)(A)(ii) of this title. Such term includes, where applicable, a program which meets the requirements of section 300h–4 of this title.
The Administrator is authorized to provide financial assistance to the State of New York for demonstration projects implemented as part of the watershed program for the protection and enhancement of the quality of source waters of the New York City water supply system, including projects that demonstrate, assess, or provide for comprehensive monitoring and surveillance and projects necessary to comply with the criteria for avoiding filtration contained in 40 CFR 141.71. Demonstration projects which shall be eligible for financial assistance shall be certified to the Administrator by the State of New York as satisfying the purposes of this subsection. In certifying projects to the Administrator, the State of New York shall give priority to monitoring projects that have undergone peer review.
Not later than 5 years after the date on which the Administrator first provides assistance pursuant to this paragraph, the Governor of the State of New York shall submit a report to the Administrator on the results of projects assisted.
Federal assistance provided under this subsection shall not exceed 50 percent of the total cost of the protection program being carried out for any particular watershed or ground water recharge area.
There are authorized to be appropriated to the Administrator to carry out this subsection for each of fiscal years 2003 through 2010, $15,000,000 for the purpose of providing assistance to the State of New York to carry out paragraph (1).
Source credit: (July 1, 1944, ch. 373, title XIV, § 1443, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1684; amended Pub. L. 95–190, §§ 2(b), (c), 5(a), Nov. 16, 1977, 91 Stat. 1393, 1395; Pub. L. 96–63, § 2, Sept. 6, 1979, 93 Stat. 411; Pub. L. 96–502, §§ 2(c), 4(d), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99–339, title III, §§ 301(b), (c), 302(d), June 19, 1986, 100 Stat. 664, 666; Pub. L. 104–182, title I, §§ 120(c), 124, 128, Aug. 6, 1996, 110 Stat. 1651, 1653, 1659; Pub. L. 108–328, § 1, Oct. 16, 2004, 118 Stat. 1273; Pub. L. 115–270, title II, § 2014, Oct. 23, 2018, 132 Stat. 3854.)
- 1944Enacted · Pub. L. 93-523 · 88 Stat. 1684
- 1977Amended · Pub. L. 95-190 · 91 Stat. 1393, 1395
- 1979Amended · Pub. L. 96-63 · 93 Stat. 411
- 1980Amended · Pub. L. 96-502 · 94 Stat. 2738
- 1986Amended · Pub. L. 99-339 · 100 Stat. 664, 666
- 1996Amended · Pub. L. 104-182 · 110 Stat. 1651, 1653, 1659
- 2004Amended · Pub. L. 108-328 · 118 Stat. 1273
- 2018Amended · Pub. L. 115-270 · 132 Stat. 3854
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-523 on 1944-07-01.
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