832R79904
United States Of fice of Water November 27, 1978
Environmental Protection and Waste Management
Agency
vvEPA Grants and Loans Interim
for Water Supply Report
and Waste water
Treatment Facilities:
Water Conservation
Provisions
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GRANTS AND LOANS FOR WATER SUPPLY AND
WASTEWATER TREATMENT FACILITIES:
WATER CONSERVATION PROVISIONS
Interim Report of Water Policy Implementation
Task Force 11
November 27, 1978
NOTE: This is an interim report of an
interagency Federal work group
composed of staff representatives
of the Environmental Protection Agency
and the Departments of Agriculture,
Commerce, and Housing and Urban
Development. No inference should be
drawn that this report represents any
final water policy implementation
decisions of any of the affected
agencies or Departments.
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I.
I NTRODUCTI ON
On July 12, 1978, the President issued a memorandum to the
Administrator of the Environmental Protection Agency (EPA). and the
Secretaries of the Departments of Agriculture (DOA), Commerce (DOC),
and Housing and Urban Development (HUD), directing them to:
review those programs of your agency that provide
loans and grants for municipal water supply and
wastewater treatment systems, and modify those
programs to remove any disincentives to water con-
servation and to require appropriate community
water conservation programs as a condition of such
loans and grants. These water conservation modifi-
cations are to apply to all loans and grants
awarded after September 30, 1979.
The President's Directive is reproduced on the following page.
In brief, this Directive represents part of the implementation
phase of the President's Water Policy Message to Congress, issued on
June 6, 1978.
That message identified four major areas of National
water policy which are to receive increased attention from agencies
and Departments within the Executive Branch of the Federal
government:
- Enchancing Federal-State cooperation;
- Making the water project planning process more efficient;
- Providing a new national emphasis on water conservation and;
- Increasing environmental sensitivity in water resources
planning and management.
The President assigned the task of seeing that these water
policy "initiatives" were fully and promptly implemented to the
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THE WHITE HOUSE
WASHINGTON
July 12, 1978
MEMORANDUM FOR
THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY
THE SECRETARY OF AGRICULTIJRE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
SUBJECT:
Water Conservation Provisions in Loan and Grant
Programs for Water Supply and Treatment
As noted in my Water Resources Policy Reform Message of
June 6, 1978, using water more.efficiently is often cheaper
and less damaging to the environment than developing additional
supplies and treatment facilities. Federal agencies providing
financial assistance for municipal water supply and waste-
water treatment systems can play an important role in
advancing the goal of efficient use and conservation of
water. I am therefore directing you to:
r~view those programs of your agency that provide loans
and grants for municipal water supply and wastewater
treatment systems, and modify those programs to remove
any disincentives to water conservation and to require
appropriate community water conservation programs as a
condition of such loans and grants. These water
conservation modifications are to apply to all loans
and grants awarded after September 30. 1979.
The Administrator of the Environmental Protection
Agency is assigned lead responsibility to organize and
coordinate this review. A report on proposed program
modifications shall be submitted by October 30, 1978, to the
Secretary of the Interior who, with the assistance of the
Office of Management and Budget and the Council on Environ-
sental Quality, shall ensure implementation of this directive.
~
~~7
(2L
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Secretary of the Interior.
In turn, the Interior Department
established nineteen separate task forces, each including repre-
sentatives of the appropriate agencies and Departments, to assit the
Secretary in overseeing the implementation of the water policy
directives.
Six of these task forces are considering various aspects
of the water policy message which relate to water conservation.
This is the interim report of Task Force No. 11, which is responsible
for assisting EPA, Agriculture, Commerce, and HUD in the integration
of the Presidentls water conservation initiatives into existing
programs which provide financial assistance to communities for
planning and constructing facilities for water supply and waste-
water treatment.
A.
Affected Programs and Task Force Participants
The Presidentls Directive charged the Administrator of the
Environmental Protection Agency with the responsibility of
coordinating the review of appropriate programs of EPA, HUD,
Commerce, and Agriculture, and reporting to the Secretary of the
Interior on the results of program modifications which would
encourage water conservation in grant and loan programs for water
supply and wastewater treatment.
Staff assistance for this effort
was provided through EPAls Office of Water and Waste Management.
The Departments of Agriculture, Commerce, and Housing and Urban
Development were initially contacted and asked to name a
representative to the Task Force, and to identify those programs
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within their Departments which were affected by the Directive
from the President. In addition, EPA identified its programs
which were similarly affected:
Department/Agency Name of Affected Programs
Agriculture
Farmers Home Administration Water and Waste Disposal
Systems for Rural Communities
Commerce
Economic Development
Administration Supplemental and Basic Grants
to States
Special Economic Development
and Adjustment Assistance
Public Works and Development
Facilities
Public Works Impact Program
National Oceanic and
Atmospheric Administration --- State Coastal Management
Program
State Coastal Energy Impact
Program
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Department/Agency
Environmental Protection
Agency
Housing and Urban
Development
Name of Affected Programs
Construction Grants for
Wastewater Treatment Works
State and Areawide Waste
Treatment Management
State Pollution Control
Program Grants
Clean Lakes Program
State Water Systems Super-
vision Program
Underground Injection Con-
trol Program
Water Pollution Control
Regulation (NPDES and
404 Permits)
Research and Development
Program
Community Development
Block Grants
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Department/Agency
Housing and Urban Development
(continued) ----------------------
Name of Affected Proarams
~
Small Cities Program
Urban Development Action
Grants
Comprehensive Planning
Assistance Program
Representatives named to the Task Force include:
Department of Agriculture
Farmers Home Administration................... Byron E. Ross
Department of Commerce
Economic Development Administration
Environmental Protection Agency
. . . . . . . . . .
Paul H. Smith
. . . . . . . . . . . . . . . .
J. Stevens Lanich
( Chairman)
Peter R. Perez
Department of Housing and Urban Development .... Don Patch
B.
Role of the Task Force
Task Force members were in agreement that the TaskForce's
responsibility was not to implement the President's Directive,
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but rather to assist each agency in the review of affected
programs, and the development and analysis of options which
would be considered for implementation.
Final decisions would
naturally be the responsibility Qf the agency heads.
Based on the
work of the Task Force, agency representatives will recommend to
their superiors specific program modifications which would
encourage water conservation.
The final report of this Task
Force will reflect the decisions of the agencies affected by the
President's directive.
C.
Contents of this Report and Schedule for Final Report
This is an interim report, and represents a preliminary compil-
ation of ideas -- options -- for modifying the administration
of Federal programs which provide financial assistance for the
construction of water supply and waste-water treatment facilities
and (in the case of EPA) related programs for water quality
planning and water pollution regulations.
This interim report
does not make recommendations to the affected agencies, and
reaches no conclusions regarding which options would be most
effective in encouraging community water conservation.
It is
essentially a "shopping list" of ideas which will be considered
and analyzed by the Task Force and the affected agencies over
the next several months.
The Task Force itself is serving as
a forum for discussion of water conservation ideas among agency
representatives, and as a means of reporting to the Secretary of
the Interior on the progress of this aspect of water policy
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implementation.
This report:
identifies the water and waste disposal programs affected
by the President's directive;
summarizes the purposes, authorities, and funding levels
of each program;
identifies existing provisions in some programs which
serve to encourage water conservation;
identifies any disincentives to water conservation which
may now exist in the programs;
presents options for modifying the programs to further
encourage water conservation.
In addition, this report discusses:
a definition of water conservation as applied to the
affected programs;
some of the most important water conservation issues, and
some of the implications of water conservation actions;
public participation;
requirements for environmental analyses and environmental
impact statements.
Schedule:
November - December:
Regular Task Force meetings (open to
the public) to finalize criteria to be
used in evaluating options, and to assist
agencies in conducting evaluation; con-
sider additional options, and comments
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from the public and other government
agencies; develop components of "water
conservation plan"; rank options in
terms of their effectiveness and ease of
implementation; prepare recommendations
to heads of affected agencies; develop
final report and distribute for review
and comment; secure concurrence from
November 16:
affected agencies.
Overview briefing for the public on
water policy implementation; status
reports from each water policy imple-
mentation task force; 1 :00 PM - 4:00 PM,
Room 7000 A/B, Main Interior Building,
November 27:
Washington, D.C.
Task Force No. 11 (Grants and Loans -
water supply and wastewater treatment)
meets as part of concurrent task force
meeting sessions. 10:00 AM, Room 7000
A/B, Main Interior Building,
Washington, D.C.
November 28 - 29:
National Conference: Water Conservation
and Municipal Wastewater Flow Reduction,
Ramada - O'Hare Inn, Chicago, Illinois.
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January 15, 1979:
Final report to be transmitted to
Secretary of the Interior.
September 30, 1979:
Options selected by agencies and
identified in final report to be
fully implemented.
Task Force meetings are scheduled as follows:
November 21
November 27 (at Interior Department)
December 5
December 12
December 19
January 9 (if necessary)
Unless otherwise noted, or unless notice is given in advance,
all meetings of the Task Force will be held at 9:00 AM in
Room 1032 of the East Tower, ~Iaterside Mall: 4th and "M" Streets, S.W.,
Washington, D.C.
D.
Discussion
1.
Definition of Water Conservation:
The Task Force has
accepted guidance regarding a definition of water conservation
from the Interior Department's Water Policy Implementation
Group:
Actions to implement the President's policy on
water conservation should consist of proposed
changes that will (a) reduce the demand for
water; (b) improve efficiency in use and reduce
losses and waste; and (c) improve land management
practices to conserve water.
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2.
Summary of Major Issues and Objectives for Water Conserva-
tion:
The President's Water Policy Message clearly
identifies water conservation goals as the "cornerstone"
of new water policy directions in the Federal government.
The rationale for this emphasis is discussed at length
in the December 6, 1977 report of the Water Conservation
Task Group, the interagency group which provided background
information for the Water Policy Message.
That report is
available from the U.S. Water Resources Council (WRC).
Also being published by the Council is the Second National
Water Assessment, a comprehensive study of the adequacy
of the Nation's water and related land resources to meet
present and future requirements for these resources.
The
Second Assessment discusses in detail several subjects
which are directly related to this presentation of potential
water conservation provisions in grant and loan programs
for water supply and wastewater treatment facilities.
These subjects include:
identification of water-short areas of the Nation,
and areas which may experience water shortages in
the future;
data on water use patterns for various uses.
Most of the areas identified as "water-short" are the
arid "sunbelt" areas in the Southwest and lower Midwest.
Competition for water supplies in these areas is especially
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fierce, and options for developing new water supplies are
limited.
By the year 2000, this problem is expected to
spread to other regions of the Nation, even to areas which
have traditionally experienced few water supply problems.
Competition for a finite supply of high-quality water makes
the resource scarce in many areas, since increasing demands
for one use (such as irrigation or manufacturing) place.
stress on water availability for another use (such as
domestic supply).
The domestic side of water use is the subject of this
report.
Domestic use, however, is far from being the
biggest part of the Nation's water problem.
Irrigation
accounts for approximately 80% of water use in the Nation,
while domestic use shares the remaining 20% of the water use
picture with manufacturing, withdrawls for steam electric
power plants, and other uses.
Water conservation in
agriculture (especially in Federally-subsidized irrigated
agriculture) is the subject of other water policy implemen-
tation task force reports.
Even though domestic use of water does not consume the
major share of the Nation's available supply, the amounts of
water consumed are staggering, and many opportunities exist
for stretching the available supplies through simple con-
servation measures and repairs to existing syste~s.
Federal government, in its role of providing partial
The
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financial support for new or expanded water supply and
wastewater treatment facilities, can exert a strong influence
on communities throughout the Nation, especially in
identified water-short areas, to assist in conserving
water.
One basic objective of water conservation is to save
water at one place and at one time to make it available for
other beneficial uses.
The benefits of conserving supplies
may be obscured by other factors (such as the interrelation-
ships between groundwater and surface water, and between
water quality and water quantity), but they have been proven;
and they include:
reduced consumer costs for energy (it takes a lot
of energy to move water around, and to treat it);
reduced costs for water and wastewater services;
reduced costs (Federal, State, and local) for new
supplies and capacity increases in treatment works;
minimized environmental, social, and economic
impacts of expanding existing supplies or
developing new ones;
minimized impact of naturally-occurring water
3.
shortages.
Public Participation:
Involvement of the general public
and groups which have an interest in water policy implemen-
tation is expected, and will be encouraged as the options
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presented in this report are subjected to analysis over the
next several months.
Additional opportunities for public
participation will be available as each Department and agency
implements the selected options, through possible changes in
regulations and procedures.
The Task Force has developed the
following plan for encouraging public involvement:
participation in the concurrent sessions of Water
Policy Implementation Task Force meetings,
November 27-29, at the Interior Department;
advance notification of Task Force meeting dates
(through this report and through personal contact)
to persons and groups known to be interested in the
progress of the Task Force;
development and distribution of "concept papers",
summarizing the options under consideration, and
the criteria for their evaluation;
participation at EPAls National Conference on Water
Conservation and Municipal Wastewater Flow Reduction
in Chicago, November 28-29;
public participation as part of agency rulemaking
procedures, as options selected by the Task Force
and adopted by agency heads are implemented between
January 15 and September 30, 1979.
4.
~nvironmental Impact Statement: No decision has been made at
this time regarding the need for an environmental impact
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statement as part of the work of this Task Force.
It is
the preliminary feeling of Task Force representatives that
each Department and agency should decide whether an impact
statement is necessary, as options which have been selected
are implemented through normal procedures.
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II.
DESCRIPTIONS OF PROGRAMS AFFECTED
BY PRESIDENTIAL DIRECTIVE
A.
Department of Agriculture -- Farmers Home Administration
Water and Waste Disposal Systems for Rural Communities
Authorizing Legislation:
Consolidated Farm and Rural
Development Act, Section 306; P.L.
Funding:
92-419; 7 U.S.c.
Loans -- $750 million (1978)
Grants - $250 million (1978)
1926
Descri pti on:
The objectives of this program are to provide
basic human amenities, alleviate health hazards,
and promote the orderly growth of the rural areas
of the Nation by meeting the need for new and
improved rural water and waste disposal systems.
Aid recipients include municipalities, counties,
and other political subdivisions of a State, such
as districts and authorities; associations,
cooperatives, and corporations operated on a not-
for-profit basis; and Indian tribes on Federal and
State reservations and other Federally recognized
Indian tribes.
Facilities shall primarily serve
rural residents.
The service area shall not
include any city or town having a population in
excess of 10,000 inhabitants.
The applicant must
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not be able to finance the proposed project from its
own resources or through commercial credit at
reasonable rates and terms.
Funds are allocated to
States based on a formula arrived at by two to one
weight ratios on the following criteria: households
in poverty in the State compared to National average,
and rural population in the State compared to the
B.
National average.
Department of Commerce -- Economic Development Administration
1.
Section 304 -- Supplemental and Basic Grants to States
Authorizing Legislations:
P.L. 89-136 as amended
fyndi ng:
$20 million, F-Y. 1978
Description: Grants to States for their discretionary use.
States can use 304 funds for projects that meet
the requirements of Titles I and IX.
are allocated by legislative formula.
Funds
Recipients
of aid may be those eligible under Title I.
Funds
may be used for the construction of water and
sewer facilities.
2.
Title IX -- Special Economic Development and Adjustment
Assistance
Authorizing Legislations:
P.L. 89-136 as amended
Funding:
$85 million, F.Y. 1978
Description: Grant for development and implementation pro-
jects to ameliorate or prevent sudden
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dislocations in a community's economy.
Communities may reloan grants and set up
revolving loan funds.
Recently the act was
amended to include economic long term deterior-
ation as a situation in which a community
could become eligible for Title IX assistance.
Funds are allocated by economic need based on
historical data.
Funds may be used to construct
water and sewer facilities.
Recipients of
Title IX funds may be state and local govern-
3.
ment and non-profit corporations.
Public Works and Development Facilities -- Title I
Authorizing Legislation:
P.L. 89-136 as amended
Funding:
$189.5 million, F.Y. 1978
Description: Grant for public works and development
facilttt~s that will provide economic develop-
ment by
(1) ameliorate distress
(2) stabilize
or diversi~1 the economy or
(3) stimulate
growth in designated areas.
Recipients of aid
would be state and local government and non-
profit corporations.
Funds are allocated by
economic need based on historical data.
Grants
may be used to construct water and sewer
facilities.
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4.
Public Works Impact Program
Authorizing Legislations:
P.L.
89-136 as amended
Funding:
15% of Title I funds
Description: Grant for the construction of public facilities
to stimulate short term construction jobs.
Recipients of aid would be state and local
government and non-profit corporations.
Funds
are allocated by economic need based on
historical data.
Grants may be used to con-
struct water and sewer facilities.
However,
this year $20 million of PWIP funds have been
committed for energy conservation projects in
public buildings.
C.
Department of Commerce -- National Oceanic and Atmospheric
Administration
1.
Office of Costal Zone Management: Coastal Energy Impact
Program
Authorizing Legislation:
Coastal Zone Management Act of
1972, as amended (P.L. 94-370)
Funding:
Description: This program provides coastal States and units
of local government with financial assistance to
mitigate the adverse on-shore effects of new or
expanded coastal energy activity.
Assistance is
available for planning, construction of public
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facilities and public services (including water
supply and waste disposal facilities). repay-
ment, and for the prevention, reduction, or
amelioration of unavoidable losses of valuable
environmental or recreational resources.
Financial assistance is provided either on a
formula basis from the Coastal Energy Impact
Fund, or through Section 308(b) Formula Grants.
2.
Office of Coastal Zone Management: State Coastal Management
Programs
Aut~orizing Legislation:
Coastal Zone Management Act of
1972, as amended (P.L. 94-370)
Funding:
Description: This program provides financial assistance to
coastal zone States to assist in the development
of management programs to achieve wise use of
the land and water resources of the coastal
zone, giving full consideration to ecological,
cultural, historic, and aesthetic values as
well as to needs for economic development.
Environmental Protection Agency
D.
1.
Construction Grants for Wastewater Treatment Works
Authorizing Legislation: Title II of the Federal Water
Pollution Control Act, as amended,
Public Law 92-500; amendments under
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the Clean Water Act of 1977,
(P.L. 95-217).
Funding: $18 billion contract authority originally.
Re-
allotment on 9/30/77 $480 million appropriated by
Ta1madge/Nunn Amendment, available until expended;
$ 1 billion appropriated on 5/4/77, available for
three years before reallotment
$4.5 billion
appropriated on 3/7/78, available until 9/30/79
before reallotment.
Description: The U.S. Environmental Protection Agency's Con-
struction Grants Program is the major pollution
abatement program of the Federal Government in
partnership with State and municipal governments.
Its purpose is to abate water pollution by
providing grant dollars to construct
municipal wastewater treatment facilities which
are required to meet State and Federal water
quality standards.
Funds are obligated through project grants
to any municipal, intermunicipa1, State, inter-
state agency, or Indian Tribe having jurisdiction
over disposal of wastes.
Grant awards within
individual states are limited by the funds which
have been allocated to each state.
for 75% of eligible project costs.
The grant is
If certain
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requirements are met, the Federal share could be
increased to 85%.
The remaining costs are the
responsibility of the grant recepient.
As mandated by law, the goal of the program is
to abate water pollution and enhance water quality
in order to provide for the protection and propaga-
tion of fish, shellfish and wildlife and increase
the recreational uses of our nation's waterways.
2.
State and Areawide Waste Treatment Management
Authori zi ng ~i s 1 ati ons:
Sections 208 and 303(e) of the
Clean Water Act (P.L. 95-217).
Funding: Funding is appropriated annually.
Funding for
F. Y. 77 - 79:
Fiscal Year
Amount
1977
$14 million (to be obligated within
2 years)
1978
$69 million (to be obligated within
2 years)
1979
$32.6 million (to be obligated within
2 years)
Description:
The State and Areawide Waste Treatment Manage-
ment Program is a component of the Water Quality
Management Program.
The Water Quality Management
Program is an umbrella program coordinating water
pollution abatement activities funded under 9106,
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9208, 9314, and part of 9205(g) of the Act and also
satisfying requirements of 9303(e) of the Act.
Under the State and Areawide Waste Treatment
Management Program, States and areawide planning
agencies designated by the Governor receive grants
from EPA for the development of water quality
management plans for the abatement of water pollu-
tion in order to achieve the goals of the Clean
Water Act of water suitable for swimming, fishing,
and protection of wildlife by 1983, where attainable.
Participating agencies receive grants (up to 75%
under Section 208) to conduct water quality assess-
ments; identify water quality and source control
problems and priorities; and determine effective
point and non-point source controls to be implemented
by designated State, areawide and local agencies.
Plans must provide for the development of institu-
tional processes, including fiscal and management
structures, to make and implement coordinated State
and areawide water quality management decisions.
At
a minimum, award of sewage treatment plant construc-
tion grants and issuance of discharge permits must
be consistent with approved water quality management
plans.
The available funding for a given fiscal year
is divided among the ten EPA regional offices in
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accordance with a ratio weighted according to land
area and population of the planning areas in the
regions.
States and areawide planning agencies
within a given EPA region negotiate their specific
grant amounts with the EPA regional office.
Water quality management decisions made in
developing and implementing water quality manage-
ment plans affect the use of water.
There is a
close relationship between water quality and water
quantity.
Decisions leading to higher water
quality lead to increased utility of water for
various uses.
3.
Clean Lakes Program
Authorizing Legislations:
Section 314 of the Clean Water Act
(P.L. 95-217).
Funding: Funding is appropriated annually.
Fiscal Year ,Amount
1975 $ 4.0 mill ion
1976 1 5.0 mi 11 ion
1977 1 5.0 mi 11 ion
1978 2. 3 mi 11 ion
1979 15.0 mi 11 ion
Description:
Under Section 314 of the Clean Water Act,
financial assistance may be provided to States to
implement methods and procedures to restore
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publicly owned freshwater lakes.
Although grants may
only be awarded to States, intergovernmental agreements
are allowed whereby States, where appropriate, may
delegate all or certain portions of the required work
to municipalities or local agencies.
Only projects for
publicly owned freshwater lakes that the State has
prioritized and certified as being in accordance with
the State Water Quality Management Plan are eligible
for grant assistance.
The Clean Lakes Program provides for Phase 1
grants and Phase 2 grants.
The purpose of a Phase 1
grant is to conduct a diagnostic-feasibility study to
determine a lake's characteristics, and evaluate and
recommend a feasible course of action to address
identified problems for the restoration and preservation
of the quality of the lake.
Phase 1 grants are awarded
up to $100,000 per grant, with a 70-percent Federal/
30-percent grantee match.
A Phase 2 grant is for the
implementation of recommended pollution control or lake
restorative methods and procedures.
The Federal share
of Phase 2 matching grants is 60%, with the grantee
paying 40%.
The award of a Phase 1 grant does not
obligate EPA to award a Phase 2 grant.
Additionally.
the award of a Phase 1 grant is not a prerequisite for
a Phase 2 grant.
However, a Phase 2 grant application
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for a proposed project not studied under a Phase 1
grant must contain required diagnostic and feasibility
information.
All applications for Phase 1 and Phase 2 grants
are evaluated and awarded on the basis of merit and
national competition in accordance with the proposal
review factors and available appropriations for the
clean lakes program.
The proposal review factors in-
clude technical
feasibility, public benefit, reason-
ableness of proposed costs, environmental impact, and
the States's priority ranking of the lake project.
Before awarding grant assistance, the Regional
Administrator must determine that pollution control
measures in the lake watershed required by section 201,
approved 208 planning, and section 402 of the Clean
Water Act are in place, or progressing according to an
approved plan or discharge permit by the time of
project completion.
Clean lakes funds may not be used
for the control of point source discharge of pollutants
where the issuance of municipal or industrial permits
under section 402 of the Act or the planning and con-
struction of wastewater treatment facilities under
section 201 of the Act will lead to alleviation of
the cause or causes of pollution.
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4.
State Pollution Control Program
Authorizing Legislation:
Section 106 of the Clean Water
Aci (P.L. 95-217).
Funding:
Funding is appropriated annually.
Funding for
F. Y. 73-79:
Fiscal Year Amount
--
1973 $ 40.0 mi 11 ion
1974 40.0 mi 11 ion
1975 48.5 million
1976 50.0 mi 11 ion
1977 50. 0 mill ion
1978 52.4 mi 11 ion
1979 52.4 mi 11 ion
Description:
The 106 program is a component of the water
quality management program.
The water quality
management program is an umbrella program coordinat-
ing water pollution abatement activities funded
under 9106, 9208, 9314, and part of 9205(g) of
the Act and also satisfies requirements of 9303(e)
of the Act.
Section 106 authorizes grants to be made to
States and interstate agencies for the purpose of
assisting them in administering programs for the
prevention, reduction and elimination of pollution.
Grants under 106 provide assistance for Federal and
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State priority activities including water quality
standards review and revision; monitoring and re-
porting; administration of delegated wastewater
facility management; NPDES permitting and enforce-
ment programs; emergency response programs; wa~er
quality management planning coordination; and other
appropriate priorities.
Funding is allocated to State and interstate
agencies on the basis of the extent of the pollution
problem.
State allotment ratios are based on a
count of pollution sources for each State compared
to a count of the pollution sources in the nation.
Interstate allotment ratios are based on the level
of funding received in fiscal year 1973.
Section 106 grants can be used for variety of
purposes.
According to the Act, these grants are
authorized lito States and to interstate agencies
to assist them in administering programs for the
prevention, reduction, and elimination of pollutionll.
Present regulations list 9 major program elements
which can be funded by Section 106.
Other water
pollution control activities are also eligible.
Among those areas with most relevance to the Hater
conservation Task Force are
the fo 11 owi ng:
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a.
National Pollution Discharge Elimination
Systems (NPDES)
This program regulates the discharge of pollutants
from point sources into the waters of the United
States.
All such discharges are unlawful in the
absence of an NPDES permit.
Once a permit is
obtained, a discharge not in compliance with all
permit terms and conditions is unlawful.
NPDES
permits are issued by the Director of an approved
State NPDES program, or, where there is no approved
State program, by the EPA Enforcement Director.
Such permits may specify maximum concentrations or mass
of pollutants, performance criteria or other
appropriate limitations.
b.
305(b)
Water Quality Report
Section 305(b) reports, which must be prepared
biannually by the States, are concerned with
assessing water quality problems and their causes;
progress toward meeting the 1983 goals of the Act;
and the social, economic, and environmental impact
of meeting these goals.
The information developed
in the Report is part of the problem assessment
required in water quality management plans; an
annually updated five-year State strategy must
address problems identified in the assessment.
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More specifically, section 305(b) requires States
to provide the following information:
A description of current water quality
relative to the fishable/swimmable goals of
the Act,
Projections of water quality conditions after
implementation of the control programs
specified in the Act,
An estimate of the environmental, social and
economic impacts of achieving or not achieving
the goals of the Act.
An assessment of nonpoint source problems,
along with recommendations for their control,
An evaluation of the effectiveness of existing
pollution control programs and recommendations
for future modifications to those programs,
if needed.
c.
Water Quality Standards
Water quality standards are an essential part of
the State water quality management (WQM) system.
Publicly defined the State's water quality
objectives, and hence form the basis for
its planning;
Serve as the basis for determinating National
Pollution Discharge Elimination System
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-31-
(NPDES) permit efflue~t limitations for
pollutants which are not specifically
addressed in the effluent guidelines or for
pollutants for which the effluent guidelines
are not stringent enough to protect desired
uses;
Serve as a basis for evaluating and modify-
ing Best Management Practices (BMP) for
control of nonpoint sources;
Serve as a basis for judgment in other water
quality related programs, including water
storage for regulation of stream flow, water
quality inventories, control of toxic sub-
stances, thermal discharges, cooling lakes,
aquaculture, and dredge and fill activities.
Contain the State's antidegradation policy.
Standards must be reviewed and revised, wh~re
appropriate, at least once every three years to
assure that the standards are consistent with the
Act and regulations.
EPA strongly supports the establishment of
water quality standards which will support the
protection and propagation of fish, shellfish and
wildlife and recreation in and on the water.
In
furtherance of this objective, EPA believes that
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water quality standards should be established at
levels consistent wit:! the national water quality
goal of section 101(a)(2) of the Act for every
stream segment wherever those levels are
attainable.
d.
State/EPA Agreement (SEA)
Preparation of the SEA is funded in part by
Section 106 and 208, which both cover some
program administration costs.
More significantly,
the SEA will be the mechanism for States to
decide how to solve their priority environmental
problems with available federal funds (including
those allocated under Section 106) as well as
matching State funds.
The SEA is negotiated annually between the
Regional Administrator and the Governor.
It
identifies water quality management problems and
objectives, describes coordination with other
environmental programs, summarizes major work
program outputs, and includes a detailed annual
work program for water quality management.
In
FY 1979 EPA is requiring all Regions and States
to develop comprehensive SEA's covering all Clean
Water Act programs.
Beginning in FY 1980, SEAls
will integrate and coordinate environmental
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programs in all States creating joint planning
and implementation of Safe Drinking Water Act,
Resource conservation and Recovery Act, and
Clean Water Act programs.
The SEA will be a decision document which
reflects important decisions on environmental
and programmatic problems, priorities, timing,
responsibilities, and allocation of funds.
will be a management tool which focuses top
It
management attention on the evaluation and
accomplishment of major environmental objectives.
Finally, it will be a communication and informa-
tion document useful to local governments,
areawide agencies, affected or interested
5.
publics, and others.
State Public Water System Supervision Program
Authorizing Legislation:
91443 and 1450 of the Safe Drink-
Funding:
ing Water Act (P.L.
Funding is appropriated bi-annua11y.
Funding for
95- 190) .
F.Y. 76-79:
Fiscal Year Amount
1976 $ 7.5 mi 11 ion
1977 15.0 mi 11 ion
1978 20. 5 mi 11 ion
1979 26.4 mi 11 ion
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Description:
91443 authorizes grants to be made to State
agencies for the development and administration
of public water system supervision programs:
adoption and enforcement of drinking water
regulations which are no less stringent than
the national interim primary drinking water
regulations.
Grants may only be awarded to
those States that have or will establish, with-
in one year of grant award, a public water
supervision program and will assume primary
6.
enforcement responsibility within the State.
State Underground Injection Control Program
Authorizing Legislations:
91443 and 1450 of the Safe Drinking
Water Act (P.L. 95-190)
Funding:
Funding is appropriated bi-annua11y.
Fudning for
F.Y. 78 and 79:
Fiscal Year
Amount
1977
1978
$5.0 million
6.0 mi 11 ion
1979
7.6 mi 11 ion
Description: 91443 of the Safe Drinking Water Act provides
for grants to States designated by EPA as
required underground injection control (UIC)
programs.
The purpose of these grants is to
support the development, administration and
enforcement of State UIC programs that are no
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less stringent that minimum requirements
promulgated by EPA.
Grants may only be
awarded to those States that have or will
establish a UIC program and will assume
primary enforcement responsibility for under-
E.
ground waters within the State.
Department of Housing and Urban Development
1.
Community Development Block Grant (CDBG) Program
(Entitlement Communities)
Authorizing Legislation:
Housing and Community Development
Act of 1974, (P.L. 93-383); as
amended by the Housing and Community
Development Act of 1977, (P.L. 95-128)
Funding: (Entitlement Communities)
Fiscal Year
Amount
1975 $ 2,218,730,000
1976 2,352,959,000
1977 2,662,733,000
1978 2,792,911 ,000
1979 2,733,760,000
1980 2,716,000,000
Description: The CDBG program provides funds only to units
of general local government, such as cities,
counties, and townships.
A single, flexible-purpose
program, the block grant program finances most
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-36-
activities previously eligible under separate
categorical grant programs:
Urban Renewal;
Neighborhood Development Grants; Model Cities;
Water and Sewers; Neighborhood Facilities; Public
Facilities and Rehabilitation Loans; Open Space,
Urban Beautification and Historic Preservation.
Spending priorities are determined at the local
level, but the law cites general objectives which
the block grants are designed to fulfill, including
adequate housing, a suitable living environment for
all, and expanded economic opportunities for low-
and moderate-income groups.
Metropolitan cities and
urban counties with populations of at least 50,000
and 200,000 respectively, are called entitlement
grantees.
Their grants are based on need, objectively
calculated by a formula that includes population,
poverty, overcrowded housing and population growth
lag.
Section 570.20l(c)(10) of the CDBG program
regulations (24 CFR) provides for the eligibility
of "Water and Sewer Facilities, including storm
sewers, except for sewage treatment works and
interceptor sewers..."
Water and sewer projects are decreasing in the
percentage of CDBG funds budgeted, while other
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-37-
public works are increasing.
~Jater and sewer
projects accounted for 6.1 percent in the first
(Fiscal Year 1975) program year, 3.6 percent in
the second year and 2.9 percent in the third (Fiscal
Year 1977) program year.
Storm and sanitary sewers
are one type of project included in the water and
sewer category, receiving 1.7 percent of the total
funds. An example of a storm and sanitary sewer
project is in Bristol, Connecticut, where the city
lIis expanding and improving storm and sanitary
facilities to service areas of concentration low
2.
and moderate/disadvantaged population. II
Small Cities Discretionary Grant Program
Authorizing Legislation:
The Housing and Community
Development Act of 1977 (P.L. 95-128)
Funding: Funds are appropriated annually.
Sma 11 Citi es
funding for Fiscal Year 1975 - 1980:
Fiscal Year Amount
1975 $ 254,336,000
1976 346,041,000
1977 434,304,000
1978 612,589,000
1979 814,690,000
1980 979,000,000
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-38-
Who May Apply:
Units of general purpose local government,
including States and counties, but excluding metro-
politan or central cities of Standard Metropolitan
Statistical Areas (SMSA's), Urban counties, and
Indian tribes.
In general, cities with less than
50,000 population are eligible.
Description:
The Small Cities Discretionary Grant Program
provides single purpose and comprehensive grants to
communities to meet their housing and community
development needs.
Since the Program is competitive
and the demand for grants far exceeds the available
funds, the Department devised a national rating
system to ensure that grants are fairly and equitably
awarded.
(Approximately 38,000 state and local
governmental units are technically eligible to
apply for the discretionary balance grants.)
Grants
are awarded to communities having the greatest need
as evidence by poverty and substandard housing and
whose applications most adequately address locally
determined needs of low and moderate income persons,
consistent with one or more of the following purposes:
Support realistic and attainable strategies for
expanding low and moderate income housing
opportunities;
Promote deconcentration of lower income housing;
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-39-
Promote more rational land use;
Provide increased economic opportunities for
low and moderate income persons; and
Correct deficiencies in public facilities which
affect the public health or safety, especially
of low and moderate income persons.
The Small Cities Discretionary Program provides
grants to communities to undertake water and sewer
projects when the project is necessary to correct
deficiencies in public facilities which affect the
public health or safety of low and moderate income
persons.
3.
Urban Development Action Grants
Authorizing Legislation:
Housing and Community Development
Act of 1977, (P.L. 95-128)
Funding: $400,000,000 per year for three years.
Description: The Action Grant provides funds only to units of
general local government, such as Cities, Counties
and Townships.
It finances all the activities which
are eligible under the Community Development Block
Grant Program, including water and sewer facilities,
but its main objective is the creation of jobs and
private investment in distressed Cities.
Applicant
Cities compete against each other nationally with
those applications providing the most jobs and
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-40-
private investment being the most likely to be
funded.
4.
Comprehensive Planning Assistance (701) Program
Authorizing Legislation:
National Housing Act of 1954,
Section 701, as amended, Public Law
83-560, 68 Stat. 590, 640; 40 U.5.C.
461.
Funding:
Fiscal Year Amount
1975 $100,000,000
1976 75,000,000
1977 62,500,000
1978 57,000,000
1979 53,000,000
Description:
The 701 program provides funds to States for
planning assistance to local governments.
States for State, interstate, metropolitan,
district or regional activities; metropolitan clear-
inghouses, councils of governments, Indian tribal
groups or bodies, or other governmental units having
special planning needs.
Large cities (cities of
50,000 or more) and urban counties as defined in
Title I of the Housing and Community Development Act
of 1974 are not eligible for assistance in FY 1979.
Comprehensive Planning Assistance funds may be used
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-41-
to support a broad range of planning and management
activities including improving the chief executive's
capability to develop goals, allocate resources and
manage programs undertaking community development
planning and implementation activities and the
development and implementation of land use and
housing elements as part of a Comprehensive plan.
Funds are allocated by Central Office to HUD
field offices by applicant categories.
The amount of
an applicant's grant is based upon an applicant's
prior performance, progress in achieving objectives
and completing plan elements; capability to assume
responsibility; capability to coordinate planning,
management and implementation on an inter-and intra-
governmental basis; progress in implementing plans,
policies and programs and negotiations with HUD on the
nature and extent of activities to be undertaken.
The program regulations require grantees to take
into account environmental conditions in developing
plans, programs and policies to assure integration of
environmental planning in the comprehensive planning
process.
In addition, grant recipients must prepare
an environmental assessment when the assisted work
program will result in developmental plans or
policies for land use, major community facilities,
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-42-
major utility syste~s, major transportation systems
or the protection of natural areas.
The assessment
must provide an analysis of the long and short term
environmental impacts (beneficial and adverse) of
proposed plans or policies as well as alternative
plans that were considered in the planning process.
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III.
EXISTING WATER CONSERVATION MEASURES
Several of the agency representatives on the Task Force noted
that some of their programs already include provisions which
encourage water conservation.
A.
Department of Agriculture -- Farmers Home Administration
Water and Waste Disposal Systems for Rural Communities
The Farmers Home Administration has identified several
portions of their existing Instructions and Regulations which
serve to encourage water conservation.
These sections are
cited below:
1.
FmHA Instruction 1933-A
Section 1933.17(a)(2)
7 CFR 1823.2(b)
"(vii) Project priority. In determining
project priorities, FmHA shall give due con-
sideration to State development strategies,
projects needing improvements to comply with
the Safe Drinking Water Act, clearinghouse
comments and priority recommendations. FmHA
will assign priorities in accordance with
the following:
(A) Water and sewer system applications from
any municipality or other public agency
(including an Indian Tribe on a Federal or
State reservation or other Federally,
recognized Indian tribal group) in a rural
community having a population not in
excess of 5,500 having an inadequate water
or sewer system. Highest priority
Shill1 be qiven to such applications in
which: (Revised 2-15-78; PN 609.)
(1) An existing community water supply
system requires immediate action as a result
of unanticipated diminution or
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-44-
or deterioration of its water supply;
or (Added 2-15-78, PN 609).
(2) An existing waste disposal is not adequate
to meet the needs of the community as the
result of unexpected occurrences. (Added
2-15-78, PN 609.)"
2.
FmHA Instruction 1933-A
Section 1933.18(a)(3)(ii)
7 CFR 1823.23(b)(4)
"0. System Testing. Leakage shall not exceed
10 gallons per inch of pipe diameter per mile
of pipe per 24 hours. II
3.
FmHA Instruction 1933-A
Section 1933.18(a)(3)(iv)
7 CFR 1823.23(d)
"(iv) Combined sanitary and storm sewage
~~tems. Combined systems will not be financed
except that improvements to existing combined
systems may be financed, provided it would be
impractical to provide separate systems and
the proposal is approved by the State Environ-
mental Protection (Water Pollution Control)
Agency. II
B.
Department of Commerce -- Economic Development Administration
The Economic Development Administration reported that
metered water systems are required for water facilities grants
for projects funded under the following programs:
Section 304 -- Supplemental and Basic Grants
to States
Public Works and Oevelopment Facilities -- Title I
Public Works Impact Program
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-45-
C.
Department of Commerce -- National Oceanic and Atmospheric
Administration
NOAA reported that neither the Coastal Energy Impact
Program nor the Coastal Zone Management Program contain
incentives or disincentives for water conservation.
D.
Environmental Protection Agency
1.
Construction Grants for Wastewater Treatment Works
Through provisions adopted in the Clean Water Act
of 1977 and subsequent regulations implementing the law,
EPA has taken action to promote and encourage water
conservation measures.
These regulations promote water
conservation by encouraging recycling and reuse of
effluent and beneficial use of pollutants and more
stringent flow reduction requirements.
The fo 11 owi ng
1egisJative requirements provide incentives to water
conservation.
Encouragement of Innovative and Alternative Treatment
Processes.
EPA has defined innovative and alterna'tive treatment
processes to be those techniques which foster recycling
and reuse of water and waste materials, energy conservation
and recovery and cost reduction.
The agency is required
to publish guidelines for identifying and evaluating
these processes and technologies.
A national c1earing-
house will be established by the agency to disperse this
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-46-
information.
Furthermore, EPA will develop and operate
a public information program concerning recycling and
reuse of wastewater and sludge, land treatment, and
methods of reducing wastewater volumes.
Major 1977 provisions for innovative and alternative
technology:
The keystone amendment in this area is straight
forward: "(EPA) shall not make grants... to any
state, municipality, or intermunicipal or inter-
state agency for the erection, building, acquisi-
tion, alteration, remodeling, improvement, or
extension of treatment works unless the grant
applicant has satisfactorily demonstrated to
(EPA) that innovative and alternative wastewater
treatment processes and techniques... have been
fully studied and eva 1 uated. . . II
Federal grants for innovative and alternative
facilities will provide 85% of construction costs
rather than the normal 75%.
To provide funds for the increase from 75% to 85%
grants, two percent of construction grant funds
allocated to each State (three percent in fiscal
1981) must be set aside for innovative and
alternative facilities -- with at least one-half of
one percent earmarked for innovative facilities.
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-47-
To help speed deployment of innovative and
alternative technology~ projects using alternative
or innovative techniques are to be given preference
.
and qualify for the 85% grant if their life cycle
cost under a cost effectiveness analysis does not
exceed the life cycle cost of the most cost
effective conventional alternative by more than
15%.
The amendments provide an "insurance policy" --
EPA will pay 100% of the costs of modifying or
replacing any innovative or alternative facility
which does not meet design performance standards~
and shows significantly increased operation and
maintenance costs.
(One hundred percent grants
are also available for technical evaluation and
dissemination of information.)
States are empowered to modify their priority
systems for allocating Federal grant funds to give
higher priority ratings to design of innovative and
alternative facilities.
Four percent of grant funds allotted to each state
with a rural population of 25% or greater "shall
be available only for alternatives to conventional
sewage treatment works for municipalities having a
population of 3~500 or less~ or for the highly
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-48-
dispersed sections of larger municipa1ities."
The Federal Governr,lent is to playa leadership role
in utilizing innovative and alternative technologies.
After September 30, 1978, construction may not be
initiated on any w~st~water treatment works at a
Federal property or facility unless innovative or
alternative techniques are utilized; this require-
ment does not apply, however, if the costs of
innovative and alternative techniques are more than
15% above the most cost-effective alternative.
On the industrial side, the 1938 BAT deadline may
be extended until July 1,1987, for an industry
installing an innovative pollution control system
(see pollution classification section above,.)
Innovative and Alternative Technology Related Provisions:
Two amendments specifically prohibit EPA from
granting funds for construction of municipal waste-
water facilities unless the applicant demonstrates
that it has considered methods, processes and
techniques to reduce total energy consumption, and
has analyzed the open space and public recreation
potential of lands, waters, and rights-of-way
which are parts of the proposed project.
EPA is instructed to study and report by October
1978 upon the use of effluents and sludges for
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-49-
agricultural and other processes that utilize
nutrients, and to advise Congress whether or not
further legislation is desirable to "encourage or
require" the use of sludge for agricultural and
other beneficial purposes.
Cost Effectiveness
The new cost-effectiveness guidelines emphasize
identification and selection of cost effective alternatives
which provide for recycling and reuse of effluents,
pollutants, and sludges.
The new amendments provide a 15% cost effective
bonus for application of innovative and alterna-
tive technology.
The guidelines have undergone a major revision
redirecting their emphasis to non-conventional
solution which include innovative and alternative
processes.
The guidelines promote flow reductlon measures by
imposing more stringent reserve capacity require-
ments.
2.
State and Areawide Waste Treatment Management
The proposed water quality management regulations
contain no disincentives to water conservation.
The only
explicit incentive is the requirement that water conserva-
tion needs be considered in determining wastewater treatment
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-50-
facilities needs.
(See 40 CFR Part 35.l5l9-6(d)(1)).
Best management practices for control of non-point
source water pollution which are implemented as a result of
water quality management plans (See 40 CFR Part 35.l5l9.6(c)),
often conserve water, although to date, that effect has not
been explicitly publicized.
See also Chapter IV.
E.
Department of Housing and Urban Development
1.
Community Development Block Grant Program (Entitlement
Communities)
The CDBG program provides neither incentives nor dis-
incentives to water conservation activities since units of
general local government are accorded wide discretion in
determining local community development needs.
In order to
place greater emphasis on water conservation related
activities than a community would determine on its own, a
legislative change would be required.
Small Cities Discretionary Grant Program
2.
The Small Cities Discretionary Program provides
neither incentives nor disincentives to water conservation
activities since units of general local governments are
accorded wide discretion in determining their local
3.
community development needs.
Urban Development Action Grants
The Action Grant program provides neither incentives
nor disincentives to water conservation activities since
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-51-
units of general local government are accorded wide discretion
in determining the activities for which funds are sought.
The placement of a greater emphasis on water conservation
related activities would be difficult since most water
facilities are publically owned and sufficient jobs and
private investment to produce an approvable project would be
4.
difficult to generate.
Comprehensive Planning Assistance (701) Program
The 701 program provides neither incentives nor dis-
incentives to water conservation activities since grantees
determine what policies, plans and programs should be
included in the comprehensive plan.
A change in the program regulations and additional fund-
ing would be required in order to place a greater emphasis on
water conservation planning.
-------
IV.
OPTIONS FOR ENCOURAGING WATER CONSERVATION
IN IDENTIFIED PROGRAMS
Representatives of each agency and department of the Task Force
were asked to conduct a thorough review of the programs which had
been identified as being affected by the President's Directive, and
to develop a list of ideas which, if implemented, would serve to
encourage water conservation in the communities which benefit from
the programs.
Task Force members were asked to review regulations,
guidance documents, design criteria, legislation~ and other material
which governs the administration of each affected program, keeping in
mind the goals of the water policy initiatives, the objectives of
water conservation measures, and the definition of water conservation
presented earlier.
These options will be subjected to analyses over the next few
months, with special attention being given to:
benefits
costs
timing of implementation
data needs
advantages
disadvantages
other factors which the Task Force agrees upon.
Following analysis by the Task Force, the final report will
recommend the selection of options included in this report, the
deletion of options~ or possibly new options that have not yet been
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-53-
identified.
Options include changes in administrative procedures
and modifications to existing regulations.
are under consideration at this time.
Few legislative changes
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-54-
Departmen; of Agriculture - Farmers Home Administration
Water and Waste Disposal Systems for Rural Communities
1.
\~ater Meters:
Issue:
Current FmHA regulations do not require the use of
--
individual residential water meters in communities receiving
financial assistance for water supply systems.
Water meters
can provide an incentive to conserve water by making the user
more aware of the relationship between cost and water use.
Option:
Revise FmHA Instruction 1933.l8(a)(3)(ii) by adding
a new subsection "(G)" (7 CFR l823.23(b)) to require water
meters:
"G.
Metering devices. Water facilities being financed
by FmHA will have metering devices for each
connection. An exception to this requirement
may be granted by the FmHA State Director when
the applicant demonstrates that installation of
metering devices would be a significant economic
detriment and that environmental consideration
should not be adversely affected by not installing
such devices. II
Authority:
7 U.S.C. 1989; delegation of authority by the
Secretary of Agriculture~ 7 CFR 2.23; delegation of authority
by the Assistant Secretary for Rural Development, 7 CFR 2.70.
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-55-
~artment of Agriculture - Farmers Home Administration
2.
Leakage:
Issue:
Leaky water distribution systems lose water and may
require the premature expansion of a community water treatment
facility.
If the leaks in the system were repaired, expansion
might not be necessary in some cases.
Option:
Revise FmHA Instruction 1933.18(a)(3)(ii) by adding a
new subsection "(H)" (7CFR 1823.23(b)) to require consideration
of leaky distribution systems, and to provide for their repair:
"H.
Distribution Leakage: On existing systems,
evidence must be provided which indicates that
water loss does not exceed reasonable levels.
Funds may be provided to make repairs when it
is determined necessary by the State Director.'\
Authority:
7 U.S.C. 1989; delegation of authority by the
Secretary of Agriculture, 7 CFR 2.23; delegation of authority
by the Assistant Secretary for Rural Development, 7 CFR 2.70.
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-56-
De~artment of Agriculture - Farmers Home Administration
3.
Rates of Payment for Water and Sewer Service:
Issue:
Some rate structures discourage water conservation by
--
charging less per unit of water consumed or treated for large
water users.
Options: Revise FmHA Instruction 1933.17(a)(9) by adding a
new subsection "{iii)"{7 CFR 1823.9) to require the use of
equitable rate structures in communities receiving FmHA
financial assistance for water and sewer facilities.
".. .
111.
User rates - rates for water and sewer
system will be developed so that the cost of
production or treatment will be paid by all
catagories of users."
Authori ty:
7 U.S.C. 1989; delegation of authority by the
Secretary of Agriculture, 7 CFR 2.23; delegation of authority
by the Assistant Secretary for Rural Development, 7 CFR 2.70.
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-57-
"
Department of Agriculture - Farmers Home Administration
4.
Public Education Program for Water Conservation:
Issue:
Individual water users in many communities may not
be aware of the benefits of water conservation to themselves
and their communities.
The water and sewer system authorities
in these communities could inform residents of these benefits
in conjunction with receiving FmHA financial assistance for
water and sewer systems.
Option: Revise FmHA Instruction 1933.17(a)(9) by adding a
new subsection "(iv)" (7 CFR 1823.9) to require communities
to develop a public education program for water conservation:
"iv.
All water and sewer system will develop an
educational program that will inform users of
water conservation methods. Such programs will
include but not be limited to:
(a)
A comprehensive program to be completed
prior to completion of construction.
(b)
Continual Program"
Authori ty:
7 U.S.C. 1989; delegation of authority by the
Secretary of Agriculture. 7 CFR 2.23; delegation of authority
by the Assistant Secretary for Rural Development. 7 CFR 2.70.
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~
-58-
Department of Agriculture - Farmers Home Administration
Water Conservation Practices as a Condition of FmHA Funding:
5.
Issue:
FmHA loans and grants for water and sewer systems
--
are normally conditional upon satisfactory compliance with a
number of requirements.
Water conservation is not now included
as a condition of funding.
Option:
Revise the FmHA "letter of condition: requirements
(FmHA Instruction 1933.5(a)(3)) by adding a new subsection
"(iv)" to require conditioning of loans and grants for the
purposes of water conservation:
"(iv)
Each letter of condition for water
and/or waste disposal projects will
contain the following paragraph:
The use of water conservation practices
will be incorporated in the design and
operation of the proposed facility when-
ever economically feasible."
Authority:
7 U.S.C. 1989; delegation of authority by the
Secretary of Agriculture, 7 CFR 2.23; delegation of authority
by the Assistant Secretary for Rural Development, 7 CFR 2.70.
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-59-
Department of Co~merce - Economic Development Administration
1.
Desiqn Criteria:
Goa 1 :
Provide incentives for water conservation in communities
receiving financial assistance from EDA by specifying
design criteria to be used by applicants in planning
and designing water and/or sewer facilities.
Option:
EDA could require that water conserving design criteria
be used by grantees/borrowers in planning and designing
water and/or wastewater systems:
a.
The Assistant Secretary for Economic Development
could issue a policy directive -- engineering, to
all Regional offices which specifies that detailed
design criteria for the purposes of water conserva-
tion would be applied to all water/wastewater
projects funded by EDA;
A revised list of subjects to be discussed at pre-
b.
application conferences could be prepared to inform
applications of the requirements for project
design;
c.
A Technical Guidance Manual could be prepared for
the use of EDA field offices in advising applicants
of water conserving designs for potential projects;
EDA is currently preparing such a manual, and it
could be reviewed as developed to ensure that water
conservation measures are included;
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Authority:
-60-
d.
EDA regulations for processing applicantions and
approving projects could be revised to state that
applicants will be provided with design criteria
specific to water conservation goals; alterna-
tively. the regulations could be revised to
specifically outline such requirements as:
maximum design capacities based upon
realistic population projections;
flow reduction measures for wastewater
projects, consistent with water conservation
goals outlines in the community's approved
water conservation plan;
limitations on allowable leakage rates in
pipes for water supply, and limitations on
allowable infiltration/inflow for wastewater
projects.
9604 of P.L. 89-136, as amended (Economic
Development Act of 1965)
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Department of Commerce - Economic Development Administration
2.
Water Conservation Plans:
Goal:
Provide incentives for. water conservation in communities
receiving financial assistance from EDA by requiring
that a water conservation plan be prepared as a
condition to receiving a loan or grant for construction
of water and/or sewer facilities.
Option:
Each water and wastewater treatment project grant
and/or loan could be conditioned upon the satisfactory
completion of a water conservation plan:
a.
Water conservation plans could be required for
all communities receiving grants or loans from
EDA for such projects, or could be limited only
to identified water short areas;
b.
The Assistant Secretary for Economic Development
could issue a policy/procedure directive to
Regional EDA offices, outlining the requirements
for a water conservation plan, and describing the
pre-application information to be requested from
each applicant regarding water use in the
commun i ty ;
c.
EDA applications and lists of assurances required
of applicants could be revised to include con-
sideration of water conservation plans; detailed
instructions to Regional offices and potential
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applicants regarding the definition of a water
short area, and the requirements of a water
conservation plan, could be issued;
d.
Standard terms and conditions in contracts with
EDA grantees/borrowers could be revised to
include requirements for the preparation of
a water conservation plan;
e.
Regulations for processing EDA applications and
approving loans and grants for such projects
could be revised as appropriate.
Authority: 9604 of P.L. 89-136, as amended (Economic Development
Act of 1965)
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Department of Commerce - Economic Development Administration
3.
Water Conservation Assistance
Goal:
Provide information to applicants for EDA-assisted
water and wastewater projects which would assist them
in implementing water conservation programs in their
communities.
Option:
EDA could prepare a "Handbook for Applicantsll which
would provide water conservation information to
applicants.
Such information could include:
descriptions of the elements of a water conservation
plan;
information regarding the availability of water-
saving plumbing devices, such as low-flow toilets;
examples of "model II ordinances or changes to
plumbing codes which would foster water conservation;
advice on setting rate structures to encourage water
conservation;
advice on starting a public information/education
program to promote a water conservation ethic,
especially in water-short areas.
Such a handbook could be prepared either by EDA,
with the assistance of other Federal agencies, or could
be prepared by a consultant under contract to EDA.
The
handbook would be routinely distributed to potential
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applicants at the pre-application conference.
Authority: 9604 of P.L. 89-136, as amended (Economic
Development Act of 1965)
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-65-
Department of Commerce - Economic Development Administration
4.
Eligibility of Water Conservation Devices:
Goal:
Provide communities receiving EDA financial assistance
fo~ water and wastewater projects with incentives for
water conservation by specifying that water conserva-
tion devices are eligible for financial assistance.
Option:
EDA regulations could be revised to specifically
indicate that water conservation devices as identified
in an applicant's approved water conservation plan,
are eligible for financial assistance for EDA for water
and wastewater projects.
Such devices could include:
water meters to be installed by the community; toilet
dams, aerators, and low-flow shower heads, to be
installed by individuals; and other flow reduction
devices as specified in the water conservation plan.
Authority:
9604 of P.L. 89-136, as amended (Economic
Development Act of 1965).
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Department of Commerce - National Oceanic and Atmospheric
Administration
Coastal Energy Impact Program (CEIP)
Issue:
Water conservation considerations are not currently
included in CEIP criteria for providing loans or grants
for municipal water supply or wastewater treatment
facilities.
Option: CEIP loans and grants for municipal water supply or
wastewater treatment facilities could be conditioned upon
satisfactory compliance with community water conservation
programs.
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Department of Commerce - National Oceanic and Atmospheric
Administration
State Coastal Management Programs
Issue:
State Coastal Zone Management Programs are currently not
--
required to consider water conservation measures in their
planning process.
Option:
The Office of Coastal Zone Management could issue policy
guidance to participating States indicating additional
State responsibilities to:
identify water-short areas
where water conservation initiatives are appropriate;
condition development permits in those areas to effect
water conservation where applicable and legally enforce-
able; review Federal activities and existing or new
State policies included in Coastal Zone programs for
consistency with water conservation needs in identified
areas.
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Environmental Protection Agency
Construction Grants for Wastewater Treatment Works
As noted in Chapter III (Existing Water Conservation Measures),
the 1977 Amendments to the Clean Water Act include many provisions
similar to those contemplated in the President's Directive for
encouraging wastewater flow reduction and water conservation.
In
response to these amendments, EPA has just finished revising its
regulations for the administration of the Construction Grant
program, including Appendix A (Cost-Effectiveness Guidelines) and
Appendix E (Innovative and Alternative Technology Guidelines).
The
important highlights of these revised regulations are summarized
below:
935.907:
Requirements of pretreatment program will cause
industries to conserve water due to economics.
935.915(a)(1)(iii):
Innovative and alternative projects
may receive a higher priority.
Many of these include water
conservation or wastewater reclamation measures.
935.905: Treatment works are defined to include "...elements
essential to provide a reliable recycled supply such as
standby treatment units and clear well facilities..."
Such wastewater reclamation facilities are eligible for
9201 Construction Grants.
. 935.915-1(b) and 35.930-5(b): A 2% reserve in the FY 79 and
FY 80 state allotments and a 3% reserve in the FY 81
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state allotments is established to fund an additional 10%
eligibility for innovative and alternative (I&A) projects,
which include water conservation and reclamation/reuse
projects.
~35.917-1(d):
Wastewater flow reduction, innovative and
alternative projects, reclamation, reuse, and land
application must be specifically examined.
~35.927:
Inflow/Infiltration rehabilitation maximizes the
beneficial effects of water conserving and flow reducing
measures and is required if 1/1 is excessive.
~35.929:
User charge systems must provide that charges be
proportional to usage thus rewarding flow reduction and
water conservation in metered systems.
Section 7 of the cost-effectiveness guidelines provides for
a 15% present worth advantage for innovative and alternative
projects over conventional projects.
Section 6c of the innovative facilities guidelines defines
water conservation as an element of the criteria used to
determine eligibility.
One of the most significant flow reduction measures of the
Construction Grant Program is Section 8c of the cost-
effectiveness analysis guidelines which requires a flow
reduction evaluation as part of the analysis that is used
to determine the fundable system capacity.
Capacity desired
in excess of the cost-effective amount is funded on an
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incremental basis.
Appendix E to the Construction Grant regulations provides
guidelines for considerations of innovative and alternative
facilities in facility planning.
Wastewater reclamation
and reuse facilities are included in the definition of
these facilities.
Section 214 is being implemented by conducting a national
seminar on water conservation.
Land purchase is eligible for storing treated wastewater in
land treatment systems prior to land application.
EPA will pay 100% of the costs of modifying or replacing
any innovative or alternative facility which does not meet
design performance standards and shows significantly
increased operation and maintenance costs.
A 4% set-aside required of rural states (states with rural
population of 25% or greater) to be used for I&A facilities
for municipalities having a population of 3,500 or less or
for highly dispersed sections of larger municipalities
within such states.
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Environmental Protection Agency
Construction Grants for Wa~tewater Treatment Works
1.
Market Area for Reclaimed Wastewater:
Issue:
Because the Construction Grant regulations state
that the planning area for wastewater treatment
facilities should focus on the geographic area to be
served by the system, applicants may be discouraged
from fully considering wastewater reclamation or
reuse if the market area for reclaimed wastewater is
Option:
located outside the traditional facility planning area.
For projects with reclamation/reuse potential,
applicants could be advised early in the facility
planning process that two project study areas should
be considered in the facility plan:
project service area study
reclaimed wastewater market area study
Authority:
9301(g)(5) of the Clean Water Act
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-72-
Environmental Protection Agency
Construction Grants for Wastewater Treatment Works
2.
Ability of Grantees to Implement Water Conservation Measures:
Issue:
Implementation of an effective community water conser-
vation plan may be difficult or impossible if the
recipient of an EPA construction grant is a single-
purpose agency (such as a wastewater treatment
authority) incapable of securing community-wide
commitments to water conservation, such as ordinance
Option:
changes, or modifications to plumbing codes.
Especially in areas with identified water conserva-
tion needs, EPA could encourage (based on the
recommendation of the affected 208 Planning Agency)
communities to carefully select the official local
agency(s} which would receive the EPA grant.
That
agency(s} should have sufficient authority to imple-
ment any water conservation measures required as a
condition of the grant.
Such arrangements could be
possible through the use of joint powers agreements,
multi-agency agreements, or other means.
Authority: 9 204(b}(1}(C}of the Clean Water Act
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-73-
Environmental Protection Agency
Construction Grants for Wastewater Treatment Works
3.
Design Criteria for Wastewater Flows:
Issue:
The cost-effectiveness guidelines suggest that
applicants base their design for new or expanded
wastewater treatment facilities on per capita flows
of 70 gallons per day.
Historical wastewater flow
data may be used for design purposes, however, if
the flow reduction measures required to achieve the
70 gcd goal are not cost-effective.
Because of
variations in system characteristics and the general
difficulties encountered in attempting to quantify
potential successes in flow reduction for the
purpose of cost-effective analyses, applicants may
tend to analyze flow reduction alternatives less
rigorously than conventional treatment schemes.
water conservation measures may receive limited
Thus,
consideration because of the difficulties in
Option:
obtaining sufficient data for their justification.
Guidance could be issued which stresses the
importance of conducting a rigorous analysis of flow
reduction measures.
Additional technical guidance
could be issued by the Agency to assist applicants in
the analysis of such measures.
Authority:
.
~204(a)(5) of the Clean Water Act
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-7~-
Environmental Protection Agency
Construction Grants for Wastewater Treatment Works
4.
Importance of Infiltration/Inflow Analysis:
Issue:
In cases where the capacity of a sewer or treatment
facility is determined by the amount of inflow to the
system, a significant amount of water conservation or
flow reduction would have a minimal effect on the
capacity of the facilities.
Additionally, in areas of
saline ground water, significant infiltration may
impair the potential for wastewater reclamation.
these reasons, infiltration/inflow analyses and
For
evaluations might receive additional emphasis.
Option:
Guidance could be issued to require more rigorous
infiltration/inflow analyses and evaluations.
Analyses and evaluations could be on a segment-by-
segment approach rather than on an overall system
basis.
Primary emphasis could be in areas of saline
groundwater where increased salinity in the effluent
will impair reclamation potential and in systems where
inflow determines the hydraulic capacity of the
system.
Authority:
9201(g)(3) of the Clean Water Act.
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-75-
Environmental Protection Agency
Construction Grants for Wastewater Treatwent Works
5.
The Use of Economic Incentives (Rate Structures) to Encourage
Wastewater Flow Reduction:
Is s ue :
The use of surcharges or increasing block rate
structures can encourage water conservation by
penalizing excessive discharges into the sewer
Option:
system.
Guidance could be issued outlining the water
conservation benefits of surcharges, and encourag-
ing applicants to evaluate surcharges and
innovative pricing policies in the development
of their facility plans.
Authority: 99 204(b)(,1)(A) and 204 (b)(2) of the Clean Water
Act.
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-75-
Environmental Protection Agency
Construction Grants for Wastewater Treatment Works
6.
Criteria for Sewer Use Ordinances:
Issue:
Poor construction techniques may result in sewer with
high rates of infiltration, thus creating treatment
plant operation problems and shortening the effective
life of the plant.
No criteria exist regarding
minimum standards of construction and materials.
In addition, there are no criteria limiting the
salinity of wastes that may be discharged into
systems.
Salinity is not reduced in normal treatment
plant processes, and highly saline wastes are not
suitable for wastewater reclamation purposes.
Option:
Guidance could be issued specifying minimum
construction and materials requirements for new
sewer construction.
The guidance could also contain
maximum infiltration test criteria, and maximum
recommended levels for salinity, boron, and other
constituents that would impair the reuse of effluent.
Such criteria would be applicable in instances
where specific reclamation uses were determined to
be otherwise feasible.
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Status:
Authority:
-77-
EPA is employing the servies of a contracted
consulting firm to investigate criteria for an
acceptable sewer use ordinance. When these results
are available, consideration will be given to
revising the regulations or issuing guidance
accordingly.
99201(g)(4) and 201(d)(1) of the Clean Water Act.
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-78-
Environmental Protection Agency
Construction Grants for Wastewater Treatment Works
7.
Training Facilities for Operators of Wastewater Reclamation/
Reuse Facilities:
Issue:
Specialized training facilities are needed for
operators of wastewater reclamation/reuse facilities.
Public acceptance of these projects is dependent on
proper operation and maintenance.
Option:
Guidance could be issued encouraging states to
utilize sl09(b) grant funds to construct and
operate reclamation and reuse training facilities in
addition to conventional system training facilities.
Authority:
sl09(b) of the Clean Water Act.
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-79-
Environmental Protection Agency
State and Areawide Waste Treatment Management
Water conservation has been considered in the development of
newly-proposed rules for implementing Section 208 of the Clean Water
Act of 1977.
These considerations are summarized below:
934.1519-6(d) of the proposed Water Quality Management
(WQM) regulations states that water conservation needs
shall be considered in determining wastewater treatment
facil ity needs.
A Section 102(d) report is currently being prepared...
"which analyzes the relationship between programs under
this Act, and the programs by which State and Federal
agencies allocate quantities of water.
Such a report shall
include recommendations concerning the policy in Section
101(g) of the Act to improve coordination of efforts to
reduce and eliminate pollution in concert with programs for
managing water resources."
9935.1519-5(a) & 35.1531-4(a) of the Water Quality Manage-
ment Regulations provide for the incorporation of
appropriate 208 plan measures into 9402 permits.
These
may include water conservation measures.
935.1531-4(b) of the Water Quality Management Regulations
provide for a consistency judgement between the WQM plan and
a facility plan.
Factors that may be included in the
-------
-80-
consistency judgement could include HQM plan water con-
servation measures.
935.l53l-4(b)(2) of the Water Quality Management Regulations
requires the State in developing its annual priority list
to consider the construction grant needs and priorities set
forth in certified and approved State and areawide WQM
plans.
Thus the State is required indirectly to consider
conservation measures, insofar as they are reflected in
construction grant needs and priorities set forth in WQM
plans.
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-81-
Environmental Protection Agency
State and Areawide Waste Treatment Management
1.
Effectiveness of Management Agencies:
Issue:
208 plans must recommend management agencies along
wastewater treatment plant needs and priorities.
Traditionally, construction grant applicants have
been self-designated and have been special purpose
agencies.
This has resulted in a reluctance to
address some issues, and an inability to implement or
assure implementation of mitigation measures or
non-structural aspects of facility plans, such as
water conservation.
Option:
935.1519-5(c) of the WQM regulations could be revised
to state that to be designated, a management agency
must have adequate -authority to address a 11 facil i ty
planning issues and to implement or insure implementa-
tion of all mitigation measures or non-structural
aspects of a construction grant project.
Authori ty:
208(c)(2)(A) of the Clean Water Act.
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-82-
Environmental Protection Agency
State and Areawide Waste Treatment Management
2.
Role of 208 Agencies in Determining Construction Grant
Priorities:
Issue:
WQM guidance on the role WQM agencies may play in
the development of construction grant priority
Option:
lists could be expanded.
Guidance could be issued to Water Quality Management
agencies encouraging them to make recommendations to
the States for the development of one and five year
construction grant priority lists as follows:
agency or agencies (including joint powers
agency) capable of addressing all anticipated
201 issues including water conservation, secondary
impacts, and regionalization.
boundaries of the 201 study area so as to include
all reasonable reclamation/reuse markets and
consolidated projects.
priority of needed assistance where facilities
had an enforceable requirements of an expansion
of hydraulic capacity, priority would be assigned
those where a water conservation program had been
implemented.
Where implementation of a appropriate
mix of water conservation measures by the
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-83-
municipality is determined by the 208 agency to
be capable of satisfying the request for an
increase in hydraulic capacity. then a project
would not be placed on the priority list.
providing a list of issues, specific to each
grantee and potentially including flow reduction
and wastewater reclamation, that are to receive
special attention in the facility plan and
environmental assessment.
Authority: 9208(b)(a)(A) and (8) of the Clean Water Act.
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-84-
Environmental Protection Agency
State and Areawide Waste Treatment Management
3.
Water Quality/Water Quantity Relationships:
Issue:
A water quality inventory is prepared biennially,
documenting a priority of water quality problems in
each State.
Guidance for the preparation of this
report does not currently address the relationship
between surface and ground water quality and
quantity.
In order to document these relationships,
Option:
the scope of this report should be expanded.
Regulations and guidance governing the water quality
inventory report could be revised to require such a
report to address the relationship between surface and
ground water quality and quantity.
Where existing or
anticipated water quality standards violations are
demonstrated to be caused or exacerbated by poor water
resources management, this would be reported.
This
report would become the basis for the development of
State strategies, water quality management plans, and
the Construction Grant priority list.
Authority:
sl02(a) and 305(b)(1)(C) of the Clean Water Act
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-85-
Environmental Protection Agensy
State and Areawide Waste Treatment Management
4.
Special Attention to Water-Short Areas:
.
Issue:
Implementation of water conservation programs is
somewhat dependent on public awareness of the relation-
--
ship between water quality and water quantity.
especially in water-short areas.
Option:
Guidance could be issued to WQM agencies emphasizing
the importance of determining the boundaries and
the quantity/quality interrelationships of any water-
short areas in their study areas.
Water-short areas
could be identified using the Water Resources Council
Second National Assessment or other sources.
Water-
short areas would be identified as such if any demand
requirement, including quality or timing, could not
be met.
Guidance could be issued to Water Quality Management
agencies addressing the development of water quality/
quantity budgets for areas identified as water-short.
These budgets would be used to evaluate the quality/
quantity requirements of all water users, alternative
water sources (including reclaimed wastewater),
water conservation potential, and the adequacy of
water quality standards (the necessity of quantity
criteria).
The results of these activities would be
-------
-86-
disemminated via public information/education programs
and could be used to condition 301(i) permits, to
develop the water quality inventory, to develop the
construction grant priority list, to determine Con-
struction Grant Plans of Study. and to advise water
rights/allocation agencies of periods and places where
surface sources are being over utilized and that ground
water might be relied upon (conjunctive use) to a
greater degree.
WQM/208 agencies could conduct such
programs in non-water-short areas on a selective
basis.
Authority:
9208(b)(1)(A) of the Clean Water Act.
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-87-
Environmental Protection Agency
State and Areawide Waste Treatment Management
5.
Adverse Water Quantity - Water Quality Relationships:
Issue:
Where a State water quality inventory or a 9208 plan
demonstrates an adverse water quantity-water quality
relationship, preparation of a water conservation plan
could address this issue.
Option:
935.1519-6 of the WQM regulations could be revised or
guidance could be issued to state that where the State
water quality inventory or 9208 plan demonstrate an
adverse water quantity-water quality relationship,
water conservation should be addressed by preparing
a water conservation plan.
This plan would evaluate
structural alternatives such as system rehabilitation
to reduce losses, design criteria to minimize new
losses, fixture and appliance standards for new
structures and retrofitting, and industrial process
modifications.
It would also evaluate such non-
structural measures as best management practices in
agriculture and industry, rate structures, public
information, and conjunctive surface and groundwater
use.
AuthoritY:9208(b)(1)(A) of the Clean Water Act.
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-88-
Environmental Protection Agency
State and Areawide Waste Treatment Management
6.
Water Conservation and Best Management Practices:
Issue:
The Department of Agriculture may contract with
owners and operators of rural lands for installation
and maintenance of agricultural best management
practices.
Although such BMP's may be primarily used
to control erosion and other water quality problems, if
208 agencies demonstrate a relationship between water
quantity and water quality problems, then these funds
might also be used to fund water conservation efforts
or the contracts might be conditional on such actions.
Option:
Guidance could be issued to WQM agencies encouraging
them to specifically evaluate water conservation
measures as part of the best management practices
program.
EPA could advise the Department of Agricul-
ture of the need to specifically make such practices
eligible and the need to provide for contract conditions,
where necessary.
Author~:
9208(j) of the Clean Water Act.
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-89-
Environmental Protection Agency
State and Areawide Waste Management
7.
Emphasis on Water Conservation:
Issue:
WQM program guidance does not have any specific
reference to water conservation although existing
regulations are broad enough to support the
eligibility of work in this area.
Option:
The Water Planning Division could issue guidance on
the subject of water conservation that:
(1) indicate,
subject to local priorities and with emphasis on
water-short areas:
support, in water-short areas, for 208 agencies to
assist and encourage the implementation of water
conservation progrsms.
the need to address the relationship between the
water conservation elements of WQM plans and water
and sewer public works programs.
(2) transmit:
guidance on the technical and institutional aspects
of developing and implementing water conservation
programs.
case histories/examples of existing 208 water con-
servation efforts.
Authority: 99106(a) and 208(b)(2) of the Clean Water Act.
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Environmental Protection Agency
State Pollution Control Program Grants
1.
Funding Eligibility of Water Con~ervation Programs:
Issue:
The proposed water quality management regulations do
not explicitly state the costs for development and
implementation of a water conservation program would
be eligible for Section 106 program grant funding
Option:
when this is determined to be appropriate.
Section 35.1511-4(c) of the proposed regulations could
be revised or guidance issued to explicitly state
that the planning and implementation costs of a water
conservation program (including public education and
information) would be eligible
9106 grant costs.
Authority:
9106 of the Clean Water Act.
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-91-
Environmental Protection Agency
State Pollution Control Program Grants
2.
Coordination Between State Water Quality and Water Resources
Agencies:
Issue:
Option:
EPA grant funds are generally provided to water quality
agencies in each state and not to water resources
agencies.
If the water conservation benefits of 208
and 201 programs are to be fully achieved, more
coordination between such agencies must occur.
EPA 9106, 9205(g) and State-EPA agreement guidance
could encourage coordination between state water
quality and water resources agencies.
Specific areas
that might be addressed include:
consideration of the relationship between water
quantity and water quality water in state water
development plans.
consideration of water quality-quantity budgets in
water rights decisions and allocations.
consideration of water conservation as a specific
goal in state water quality and water resources
programs.
preparation of water conservation plans in water-
short areas.
allocating water, including reclaimed wastewater,
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Authority:
-92-
on the basis of quality as well as quantity
requirements.
using urban storm water to supplement local water
supplies, where appropriate.
9l06(a)(2), 205(g)(2), 303(e)(3)(E) of the Clean
Water Act.
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-93-
Environmental Protection Agency
State Pollution Control Program Grants
3.
Water Quality/Water Quantity Relationships:
Issue:
Guidance
for the development of water quality standards
does not address the relationship between water
quality and water quantity.
Because excessive deple-
tion of stream flows may directly cause violation of
water quality standards (temperature, salinity
intrusion), may magnify the effect of natural pollution
sources, or may make infeasible the attainment of water
quality standards despite control of point and non-point
pollution sources, this relationship should be
addressed.
The development of water quantity criteria
in support of water quality criteria and as part of
water quality standards would cause a consideration of
this relationship by water resources agencies and
would insure their support of water conservation programs
Option:
so that available supplies might be extended.
9303, 9208 and 9301, regulations and/or guidance could
be modified so that, in water-short areas, State 106,
208, 303 and 305(b) agencies would relate water
quality to water quantity and determine where water
quantity criteria are necessary to protect designated
beneficial uses.
These agencies could be encouraged
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-94-
to develop and adopt such criteria which would
ultimately be subject to approval by EPA.
Such
standards would be enforced by the State and would
assist in the maintenance of minimum flows and
improved management of available water.
Authority: 9208, 9301 and 9303 of the Clean Water Act.
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-95-
Environmental Protection Agency
Water Pollution Control Regulations - NPDES Permit Program
1.
Including Water Conservation Measures in NPDES Permits:
Issue:
Provide incentive.
Water Quality Management plans
may develop a number of water conservation measures
applicable to industry, or municipalities but may
have problems with insuring implementation.
The
9402 NPDES program provides an enforceable means of
insuring implementation of water conservation
measures.
Option:
Guidance could be issued that would provide for the
inclusion of water conservation measures contained
in approved water quality management plans or
facility plans in NPDES permits.
This could be done
where such measures would minimize the likelihood of
spills, leaks, runoff, waste disposal problems or would
improve treatment plant efficiencies or cost-
effectiveness.
Authority:
9208(c) of the Clean Water Act.
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-96-
Environmental Protection Agency
Water Pollution Control Regulation -- NPDES Permit Program
2.
Waste Disposal Requirements:
Is s ue :
Same EPA regulations establish limitations upon
discharges in terms of allowable concentrations of
pollutants.
These provisions may act as disincentives
to water conservation and encourage dilution as a means
QRtion:
of addressing such limitations.
Where possible, waste disposal requirements should
express any limitations in terms of pollutant mass
and not concentration.
Authority:
99301 and 304 of the Clean Water Act.
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-97-
Environmental Protection Agency
Water Pollution Control Regulation -- NPDES Permit Program
3.
Water Conservation and Effluent Guidelines:
Issue:
Insure that the best measures and practices developed
through the effluent guidelines process for industrial
dischargers include consideration of water
conservation.
Option:
930l(b)(2)(A) of the Act states that effluent
limitations shall require best available technology
economically achievable for non-Publically-Owned Treat.
ment Works.
9304(b)(2)(B) requires the Agency to
develop regulations specifying the factors that are
to be used to determine the applicable best measures
and practices.
The Agency could specify water
conservation as one of these factors.
Authority:
9930l(b)(2)(A) and 304(b)(2)(B) of the Clean Water
Act.
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-98-
Environmental Protection Agency
Water Pollution Control Regulation - NPDES Permit Program
4.
Industrial Discharges to Pub1ica11y-Owned Treatment Works:
Issue:
Industries who will or are discharging to pub1ica11y
owned treatment works (POTW's) that are unable to
process the industrial waste are provided an oppor-
tunity to request an NPDES permit schedule extention.
The Act provides that the permit issuers may condition
the permit upon water conservation if it is found
necessary.
Option:
Where EPA or, in the case of delegation, the State,
determines that POTW operation would be improved by a
reduction in flow from an industry, or that the existing
industrial treatment works would be improved by a reduc-
tion in flow, or that the hydraulic capacity of either
the industrial or the POTW would otherwise be exceeded,
or that a reduction in flow would otherwise be necessary
and cost-effective for the modified POTW, then the
permit for the industry could reflect requirements for
a plan and schedule for the development and imp1ementa-
tion of a water conservation program.
Authority: 9301(i) of the Clean Water Act.
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Environmental Protection Agency
Water Pollution Control Regulation - NPDES Permit Program
5.
Water Conservation to Assist in Control of Toxic Wastes:
Issue:
One method of industrial toxics control is to reduce
the volume of fluid in which toxics are contained.
Industrial water conservation measures that effect
toxics control may be included as conditions of
Option:
9402 permits.
In implementing 9304(e) of the Act, toxics control by
means of industrial water conservation permit require-
ments should be considered.
Such requirements would
have to be developed by industrial class and by
process and would have to be flexible enough to be
applied in a site specific fashion.
These require-
ments would be included in a permit where a reduction
in process fluid or effluent volume would reduce the
likelihood of toxics spillage, leakage, runoff or
waste disposal problems.
Authority:
9304(e) of the Clean Water Act.
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Environmental Protection Agency
Water Pollution Control Regulation - NPDES Permit Program
6.
National Standards of Performance:
Issue:
If the national standards of performance were to
i nc1 ude lIeff1 uent reducti on", water wou1 d be
conserved.
Option:
The 9306(a)(1) definition of a standard of performance
is lIa standard for the control of the discharge of
pollutants which reflects the greatest degree of
effluent reduction..."
EPA could review standards of
performance to insure there was consideration of
water conservation in each.
Authority:
9306(a)(1) of the Clean Water Act.
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Environmental Protection Agency
Water Pollution Control Regulation - ~404 Dredge and Fill Permits
Issue:
The basic requirements of 404 Permits and ~208(b)(4)(B)
regulatory programs might be used to promote water
conservation.
Many water resource projects, diversions,
and stream flow modifications are subject to these
Option:
permits.
Explicit guidance (or regulations, if needed), could
be developed to ensure that water conservation is taken
into account by the Corps of Engineers in issuing ~404
Permits, and by the States in ~404 Permits and developing
~208(b)(4)(B) regulatory programs.
Authority: ~~404 and 208(b)(4)(B) of the Clean Water Act.
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-102-
Environmental Protection Agency
Clean Lakes Grant Program
Status:
There are no significant disincentives to water conserva-
tion in the Clean Lakes Grant Program.
No significant
incentives could be provided through this program.
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-103-
Environmental Protection Agency
Safe Drinking Water Programs
Status:
The Safe Drinking Water Act Public Water System
Supervision (PWS) and Underground Injection Control (UIC)
Grant Programs are explicitly limited by the statute to
the protection of public health.
The statute and regulations
for these programs were reviewed to determine if the PWS
program could effect water conservation through public
education efforts and expansion of the state facility design
review activity to include enforcement of water conservation
design criteria, such as maximum system leakage levels.
A
review of the statutes' language has resulted in a recommended
elimination of these options.
Based again upon the statutory goal for the UIC program
of protecting underground sources of drinking water, no
viable options were found in the UIC program for providing
incentives for water conservation.
As is mentioned elsewhere,
it is recommended that, if feasible, any injection limitations
be expressed on a mass rather than on a concentration basis
to ensure that dilution i~ not used as a means of compliance.
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-104-
Environmental Protection Agency
Adequacy of Drinking Water Supplies - Coordinated Water Supply anG
Wastewater Planning
Issue:
Section 1442(c) of the Safe Drinking Water Act and
Section 516 of the Clean Water Act requires EPA to submit
a report to Congress within the next two years to:
(1)
access the availability of adequate and dependable supply
of drinking water, and to (2) examine means to require
coordinated water supply and wastewater planning as a
condition of construction grants.
Option:
Status:
None required.
A report is being prepared which will respond to the
requirements of the Acts and, in particular, will evaluate
means, including the availability and use of methods to
conserve water or reduce demand.
Authority:
Section 1442(c) of the Safe Drinking Water Act.
Section 516 of the Clean Water Act.
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-105-
Environmental Protection Agency
Research on Water Conservation
I ss ue :
.
Section 104(0) of the Act states that the Agency shall
conduct research and investigations on water conservation
devices, incentives, pricing policy, etc. to cause sewage
flow reduction.
Section 105(e)(1) authorizes the Agency to
conduct Research and Development on alternative methods of
reducing agricultural discharges.
Section 105(d)(2) requires
the Agency to conduct Research and Development on alternative
methods of wastewater reclamation and reuse.
Section 214
requires the Agency to conduct a public information and
education program on sewage flow reduction, recycling and
reuse of wastewater and use of land treatment.
Option:
Assign ~104(0), 105(e)(1), and 214 requirements a higher
priority, especially:
conducting studies quantifying the benefits of agricu1-
tura1, industrial and municipal water conservation
measures; especially differentiating the benefits of
reducing withdrawals vs reducing consumption.
conducting studies establishing, for each industry
subject to ~302 provisions, available water conservation
measures, the effects of such water conservation on
pretreatment and municipal treatment efficiencies, and
feasible levels of wastewater flow reduction resulting
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Authority:
-106-
from the implementation of such measures.
developing wastewater effluent quality requirements for
industrial, agricultural, and landscaping reuse, and
groundwater recharge.
conducting seminars which include case studies of
municipalities, industry and agriculture where water
conservation programs have been implemented, with
associated costs, benefits and impacts.
conducting studies on the degree of industrial reuse
of water in relation to the availability or value of
water and to the cost of waste treatment.
conducting studies on the costs and benefits of water
system metering as a basis for establishing user
charge system surcharges, increasing block rate
structures or peak use surchargers.
Identify a lead office within the agency that is responsible
for insuring and monitoring implementation of water
conservation.
Section 104(0). 105(d)(2). l05(e)(1) and 214 of the
Clean Water Act.
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-107-
Environmental Protection Agency
Research on Water Conservation and Control of Thermal Discharges
Issue:
Dischargers may not fully consider the consumptive aspects
of waste stream cooling technologies unless information
Option:
on alternative technologies is developed.
Section 104(t) of the Act requires the Agency to "conduct
continuing comprehensive studies of the effects and
methods of control of thermal discharges.
In evaluating
alternative methods of control the studies shall consider...
(2) the total impact on the environment, considering not
only water quality but also ....effective utilization and
conservation of fresh water..." The Agency could insure
that such studies specifically adress water conservation.
Authority: 9104(t) of the Clean Water Act.
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-108-
Department of Housing and Urban Development
Community Development Block Grant Program (CDBG)
Urban Development Action Grants (UDAG)
Small Cities Discretionary Grant Program
1.
Eligibility of Water Conservation Activities:
Is sue:
HUD regulations for these programs do not specifically
provide for the eligibility of water conservation
activities.
Option:
HUD could revise Section 570.201 (Basic Eligible
Activities) of the CDBG Program regulations to provide
for the eligibility of water conservation activities.
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-109-
Department of Housing and Urban Development
Community Development Block Grant Program (CDBG)
Urban Development Action Grants (UDAG)
Small Cities Discretionary Grant Program
2.
Water Conservation Plans:
Issue:
Communities currently receiving HUD assistance are
not currently required to have a water conservation
plan.
Q2tion:
HUD could request certification or assurance that
water conservation plans would be adopted in those
instances in which HUD provides funding for water supply,
water treatment or water collection systems.
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-110-
~artment of Housing and Urban Development
Community Development Block Grant Program (CDBG)
Urban Development Action Grants (UDAG)
Small Cities Discretionar¥ Grant Program
3.
Water Conservation in Housing Rehabilitation and New
Construction:
Issue:
HUD's Minimum Property Standards do not currently
include standards for water conservation devices and
Option:
plumbing requirements for water conservation.
Where substantial rehabilitation and new construction
is undertaken through the use of block grant funds,
HUD will implement program changes and recommendations
resulting from the Housing Task Force on Water
Conservation.
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-111-
Department of Housing and Urban Development
Community Development Block Grant Program (CDBG)
Urban Development Action Grants (UDAG)
Small Cities Discretionary Grant Program
4.
Consistency of HUD Requirements with those of Other Federal
~encies:
Issue:
HUD Block Grant funds are often used to supplement
funds received from other Federal agencies.
If the
requirements of the agencies differ significantly, it
may be difficult to efficiently administer the
programs to accomplish the intended objectives,
including water conservation.
Option:
Where block grant funds are used to match funds to
undertake water conservation activities principally
funded by other agencies (such as EPA, EDA, FmHA),
the guidelines of those agencies are to be followed to
the extent that the agency guidelines are not
inconsistent with statutory authority for HUD
programs.
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-112-
Department of Housing and Urban Development
Comprehensive Planning Assistance Program (701)
The Comprehensive Planning Assistance Program (701) is
designed principally to assist State, local and regional governments
in upgrading their comprehensive planning and executive management
capabilities.
Given the current funding level and statutory
priorities, no proposals are being made at this time with respect
to this program.
US GOVERNMENT PRINTING OffiCE 1979-f,2'J-.}'i 13741
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United States
E:nvirnomental Protection
Agency
\4H-556
Official Business
Penalty for Private Use
$300
Wilshington DC 20460
Special Fourth-Class Rate
Book
Postage and Fees Paid
EPA
Permit No. G-35
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