SPECIAL FUND FOR ABATEMENT OF
  COMBINED SEWER OVERFLOW POLLUTION
     IN  MARINE  BAYS  AND  ESTUARIES
        (The Marine CSO Fund)
    Guidance for the Preparation
     and Review of Applications
            January  1984
 Office of Water Program Operations
           Office  of  Water
U.S. Environmental Protection Agency
          Washington, D.C.

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                            Table of Contents
I.   Purpose  	 3

II.  Discussion 	 3

          A.   Statutory Basis and Legislative History 	 3

          B.   Regulatory Requirements 	 3

               1.   Applicable Requirements of the Construction
                    Grants Program	 3
               2.   Application Contents 	 4
               3.   Costs and Financial Capability 	 4
               4.   Phased or Segmented Treatment Works 	 5
               5.   "Marine Bays and Estuaries" 	 5
               6.   Project Evaluation Criteria 	 6

III. Procedural Guidance
         A.    Availability of Applicant Materials
                 and Applicant Actions 	  6
         B.    State Actions	6
         C.    EPA Regional Office Actions 	  6
         D.    Due Date for Applications	  7
         E.    EPA Headquarter's Actions 	  7
         F.    Grant Agreement Preparation and Overview 	  7

IV.  Technical Guidance

         A.    Water Quality Demonstration 	  8
         B.    Assessment of Swimming and Shellfishing Benefits ....  9
         C.    Comparison of Benefits and Costs	  10
         D.    Statement of Regional and National  Significance ....  11

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 I.   PURPOSE

    JThis guidance?]describes the special  fund  for  abatement  of  combined  sewer
 overflow pollution in marine bays  and estuaries.   It[provides]the applicant,
 State and Environmental  Protection Agency (EPA) personnel with ja description
 of:   the contents of a complete application,  the  procedure  for State  and EPA
 review and evaluation of an application,  the  evaluation  and priority  criteria,
 and  technical  guidance for  the  preparation  of an  application^

 II.  DISCUSSION

  A.  Statutory  Basis and  Legislative History

    1.     Section  201(n)(2)  of the  Federal Water Pollution Control Act,  enacted
          as a  part  of the Municipal  Wastewater Treatment Construction Grants
          Amendments of 1981,  authorizes  a special  fund for  abatement  of
          combined sewer  overflow pollution  in marine  bays and estuaries (The
          Marine CSO Fund).   Section  201(n)(2)  states  in  part that:

          ...the Administrator shall  have  available...funds...to address water
          quality  problems of  marine  bays  and  estuaries subject to lower levels
          of water quality due to the impacts  of discharges  from combined storm
          water and  sanitary sewer  overflows from  adjacent urban complexes...

     2.    The HUD  -  Independent  Agency Appropriations  Acts for fiscal years
          1983 and 1984 provided $30  million each  (for a  total of $60 million)
          to fund  projects under Section 201(n)(2).

     3.    The 1984 Appropriations Act (P.L.  98-45)  appropriates $30 million
          "...for  projects under section 201(n)(2), subject  to the approval of
          the Committees  on  Appropriations..."  The  Conference Report to  the
          1984 Appropriations  Act (Conf. Rpt.  98-264,  p.11)  states that  the
          committees  "...  will consider only ... project  segments which  can be
          fully funded  and which will  provide  significant near-term water
          quality  and public health  improvements."


 B. Regulatory Requirements

     1.   Applicable Requirements of  the Construction  Grants  Program

    Potential marine CSO  projects must satisfy most of the  same requirements
as CSO projects funded under  the final construction grants  program regulation
(Title 40 of the  Code of  Federal Regulations  (CFR), 35.2000  et seq.).

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 These requirements include all  applicable limitations  on  award  and  grant
 conditions,,  as well  as Federal  share  and  allowable  cost provisions;  but
 exclude §§35=2010 (Allotment; reallotment),  35=2015 (State  priority system)s
 35,2020 (Reserves),  35=2021 (Reallotment  of  reserves), 35.2025(b)  (Advance of
 allowance),  35=2042  (Review of  grant  applications)s 35.2103 (Priority
 determination), 35=2109 (Step 2+3)9 and 35=2202  (Step  2+3 projects),  A
 discussion  of application  procedures  and  criteria for  setting priorities for
 marine CSO  projects  is provided below.

     Guidance on the  construction grants program  is  provided in  an EPA
 publication  series "Construction Grants," This  guidance  is being updated and
 will be republished  as "Construction  Grants  1984,"   The current guidances
 "Construction Grants 198.2 9" is  available  from  the National  Technical
 Information  Service9 5258  Port  Royal  Road9 Springfield9 VA,  22161  (ordering
 number PB 82 263666),

     2,   Application  Contents

     Section  35=2040(f)9  35,2040(b) and 35=2024(b)(l) of the construction
 grants  regulation describe the  contents of an  application for Step  3 grant
 assistance for building a  treatment works to address marine CSOs,   The
 regulation requires  an application (EPA Form 5700=32)  accompanied by;

     (a)  A facilities  plans  including environmental  documents^  prepared in
 accordance with  35,900 et  seq,  or 35,2000 et seq. as appropriate;
     (b)  Certification Trom the State that there has been adequate  public
 participation  based  on State and local statutes;
     (c)  Evidence of compliance with all  applicable limitations on  award
 (§§  35,2100  through  35,21279 except 35=2103  and 35.2109),   Certain
 requirements are discussed further in sections 3 and 4 below;
     (d)  Final design  drawings  and specifications;  or  a commitment  to provide
 them by  a date  set by  the  Regional Administrator;
     (e)  The project schedule;
     (f)  In  the  case of  an  application for Step 3 assistance that is solely
for  the  acquisition  of eligible real propertys a plat which  shows the legal
 description  of the property to  be acquired,,  a preliminary layout of the
 distribution and  drainage  systemss and an explanation  of  the intended method
of acquiring the  real  property  (see 40 CFR Part 4); and
     (g)  A demonstration by the  State of  the water  quality  benefits of the
proposed project.  The demonstration shall at a minimum prove that  significant
usage of the water for shellfish ing and swimming will not be possible without
the  proposed project for correction of combined sewer overflows9 and that the
proposed project will  result in  substantial  restoration of  an existing
 impaired use.  Section IV of this guidance presents ways  to demonstrate
benefits and costs,

    3,   Costs and Financial Capability

     (a)  The applicant should give particular attention to  the  limitation on
award found  in Section 35,2104(b).  This  section requires that  the  applicant
demonstrate the  Iegal9 institutional9  managerial and financial capability to

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 ensure adequate building and  operation  and  maintenance  of  the  treatment
 works.  This demonstration must  include an  explanation  of  the  roles  and
 responsibilities of the local  governments involved  and  how construction  and
 operation of the facilities will  be  financed;  a  current estimate  of  the  cost
 of the facilities;  and a calculation of the annual  costs per household.   It
 must also include a written certification,  signed by  the applicant,  that the
 applicant has analyzed the costs  and financial impacts  of  the  proposed
 facilities.   Where  the application is for a phase or  segment (see section 4),
 this information must  be for  the  treatment  works of which  the  phase  or segment
 is a part.

     Detailed guidance  on the  demonstration  of  financial capability is provided
 in the Agency's Financial  Capability Policy effective upon publication in the
 Federal  Register and the supporting  "Financial Capability  Guidebook".  The
 guidebook is available from the State water pollution control  agency or  the
 National  Technical  Information Service,  5258 Port Royal Road,  Springfield, VA
 22161.


     4.    Phased or  Segmented Treatment Works

     If the application  is  for a project  that is  a phase or segment of the
 proposed  treatment  works described in the facilities  plan,  the description of
 benefits  and costs  should  be for  the treatment works  and the segment applied
 for  as described in the facilities plan  because  the criteria applied by  EPA in
 setting priority (section  6 below) will  be  applied  to the  entire  facility plan
 proposal  and each segment  proposed for funding.

     The conditions  that any project  must meet to be funded as  a phase or
 segment are  described  in Sections 35.2108 and 35.2005(b)(49).  Of particular
 importance is  the requirement that the applicant agree  to  make the treatment
 works  of  which  the  phase or segment  is a part operational  and  comply with the
 enforceable  requirements of the Act  regardless of whether  grant funding  is
 available for  the remaining phases or segments.

     Section  35.2108 also requires that the  grant agreement for a  phased  or
 segmented treatment works  include a  schedule of  actions to make the  treatment
works operational and comply with the enforceable requirements of the Act.

     5.    "Marine Bay or  Estuary"

    For the  purpose of  this fund  "marine bay or estuary" is defined  in
Section 35.2005(b)(26)  as  "semi-enclosed coastal waters which  have a free
connection to the territoral sea."

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     6.    Project  Evaluation  Process

     All  eligible  applications will be  evaluated and priorities established by
 Headquarters  using  the  criteria  specified  in Sections 35.2024(b)(2)&(3) of the
 construction  grants regulation.  These sections specify that the Administrator
 shall establish priorities for projects with demonstrated water quality
 benefits based upon the following criteria:

     (1)   Extent of  water use benefits  that would result, including swimming
          and  shellfishing;
     (2)   Relationship of water quality improvements to project costs; and
     (3)   National and regional significance.

     If the application  is for a  project that is a phase or segment of the
 proposed treatment  works described in  the facilities plan, these criteria will
 be applied to the treatment  works described in the facilities plan and each
 segment  proposed for funding.  In applying criterion (1), EPA will consider
 the  total benefits  resulting from project or segment completion relative to
 the  prospective commitment of Federal  funds.

 III.  PROCEDURAL GUIDANCE

 A.  The  general regulations that pertain to processing applications for EPA
 Grants are found in 40  CFR Part  30.  The applicant may obtain application
 materials from the  State agency  designated by the Governor .as having the
 responsibility for  administration of the construction grants program under
 Section  205(b) of the Clean  Water Act.  The applicant should send the
 completed application to the State agency.

 B.  The  State agency should (1) review and approve: (a) the application, (b)
 the facilities plan, and (c) the project design; (2) determine compliance with
 other State and Federal requirements;  (3) prepare the water quality
 demonstration described in section II  B 2 above; and (4) send the approved
 application, and water quality demonstration, to the Regional Administrator.

 C.  The Regional Administrator  shall  (1) determine whether all Federal
requirements have been met,  including  completion of environmental review, (2)
 prepare a statement of regional  and national significance, and (3) determine
eligibility of the project for consideration for funding.

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     The Region will  send the facility plan including  environmental  documents,
 the water quality demonstration,  statement of  regional  and  national
 significance,  and summaries of any other relevant  material  available  to
 support the technical  review of the application  to the  Office  of  the  Director;
 Facility Requirements  Division (WH-595), 401 M Street,  SW,  Washington, D.C.,
 20460.   The Region should retain  the balance of  the application unless
 otherwise advised by Headquarters.

  D.   The information described above should be received in  the Office of  the
 Director within 120  days of the publication of the final  construction grants
 regulation (40 CFR,  Part 35,  Subpart I)  in the Federal  Register to  ensure
 consideration  for funding from the  fiscal  year 1983 and 1984 appropriations.
 If  funds are appropriated for future fiscal years,  applications should be
 received by September  30 (the end of the fiscal  year) to  ensure consideration
 under that year's appropriation.

     Generally  within 30  days  of receipt  of an  application,  EPA headquarters
 will  advise the applicant whether additional information  is required.
 Additional  information should be  submitted through  the  above procedures and
 should  be received within 180 days  of the  publication of  the final
 construction grants  regulation in the Federal/Register  (or  November 30 of
 future  years as appropriate)  to ensure consideration.   Early submittal of
 applications is strongly encouraged.

    The Region should  schedule the  submission  of State  approved final design
 drawings and specifications to allow sufficient  time for  Regional review,
 approval,  and  notification of the Office of the  Director  within 210 days  of
 the final  construction grants regulation in the  Federal/Register  (or
 January 31  of  future years as appropriate).

 E.  All  eligible applications will  be evaluated and priorities established by
 Headquarters using the criteria specified  in section II.B.6.   Headquarters
 will  prepare project summaries and  funding recommendations  for transmittal by
 the Administrator to the House and  Senate  Appropriations  Committees for review
 in accordance  with Public Law 98-45  (the fiscal  year  1984 Appropriations  Act)
 and the associated Conference Committee  Report.  After  completion of  this
 process  and  final  project approval,  Headquarters will provide  obligating
 authority to the  appropriate  Regional  Administrators.

 F.  Generally 45  days after  receipt  of  obligating  authority,  the Regional
 office will  prepare  the  grant agreement  and transmit it to  the applicant  for
execution.   The Region,  or State, to  the extent  it  is delegated responsibility
to administer  the  marine  CSO  program,  will  monitor  the  grant and project
completion.

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 IV.   TECHNICAL GUIDANCE

  A.  Water Quality Demonstration

     Section 35.2024(b)U)  requires  the  State  to  demonstrate  the  water  quality
 benefits of the proposed project.   The  demonstration  shall at  a  minimum  prove
 that:

     1.    Significant usage of  the water for shellfishing  and swimming  will  not
          be possible without the proposed  project for correction of  combined
          sewer overflows;  and

     2.    The proposed project  will  result  in  substantial  restoration of  an
          existing impaired use.

     The  first requirement  involves  a  demonstration  that the  proposed project
 is essential  for  significant usage  of the  water  for shellfishing and
 swimming.   Other  point and nonpoint source controls may also be  necessary in
 addition to the proposed project.   The  second requirement is a demonstration
 that the project  alone will result  in a substantial restoration  of use.

     The  purpose of the first requirement is to consider the  marine CSO within
 a context  of the  overall water quality  conditions.  Swimming and shellfishing
 use  potentials  should be assessed in  terms of all significant  point  and
 nonpoint sources.  The grant application should  compare the  severity and
 extent of  water quality problems which  can be attributed  to  the  different
 pollution  sources.   The analysis of these  different point and  nonpoint source
 related  water quality problems may  have been conducted as part of Statewide or
 areawide planning under Section 208,  State Basin Plans, or other special
 studies.

     To assess whether significant usage for swimming  and  shellfishing  would
 result without  the proposed project,  the grant application should present an
 analysis of expected future water quality  conditions  with and  without
 additional  CSO  controls.   The  alternative  of no  additional CSO control should
 assume that all current requirements  for point source treatment  are  satisfied,
 and  all  proposed  nonpoint  source controls, as identified  in  the  adopted  water
 quality  management plan, are operational.  Projected  water quality conditions
with no  CSO controls  should be compared to those likely to result from the
 proposed project.

    The  application  should discuss  nonpoint source  problems  including  urban
runoff and  their  effect on shellfishing and swimming.  Where nonpoint  source
controls are  identified, the application should  discuss their  status,  and
plans for  implementation,  if any.

    The  grant application  should identify  Federal,  State  and local health
requirements governing  swimming and shellfishing.   These  requirements  will
have a bearing on whether  improved water quality will actually result  in
improved uses.  The applicant  should  coordinate with  responsible  health  or

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 recreation authorities and indicate their willingness to lift swimming and
 shellfishing prohibitions as a result of improved water quality due to the
 proposed project when implemented with other necessary point and nonpoint
 controls.   The application may also discuss  the extent to which use impairment
 is likely to be prevented by the project.

     The second requirement concerns a demonstration  that the project alone
 will result in substantial restoration of an existing impaired use.   This
 demonstration is likely to involve an analysis  relating the  combined sewer
 overflows  and the resulting water quality.   The demonstration is not limited
 solely to  shellfishing and swimming and includes additional  uses such as
 boating and fishing as well as aesthetics.   The analysis should show how  the
 proposed project alone will substantially restore prior or currently impaired
 water uses.   The analysis may also discuss the  prevention of future use
 impairment.

     The demonstrations for these two requirements will involve a cause and
 effect analysis relating pollution loads to  resulting water  quality.
 Mathematical  models are often used for this  purpose,  however,  they are not
 necessary  in  all  circumstances.   Different levels of  sophistication may be
 justified  depending on the complexity of the receiving water and combined
 sewer collection  system.   Relatively complex situations may  require models to
 make reasonable and justified predictions of future water quality conditions
 for  different CSO control  alternatives.

     For less  complex situations,  a relationship between CSO's and beneficial
 uses could  be established  from field data and professional judgement.  This
 may  occur where the overflows are in the immediate vicinity  of swimming and
 shellfishing  areas and where  receiving water flow and transport patterns
 clearly show  the  impact of CSO's  on these areas.   The cause  and effect
 relationship  should be demonstrated with an  analysis  of field data showing
 bacteria levels and standards violations as  an  empirical  function of overflows.

     It  is of  primary importance  for an applicant  to demonstrate a strong
 relationship  between the CSO's and resulting beneficial use  impairment.   The
 Headquarter's review will  consider the strength of this technical
 demonstration.   Some situations,  therefore,  may justify more sophisticated
 techniques and more data than others  in  order to  minimize uncertanity in  the
 loading  functions.   In such a situation,  projects that base  benefits on
 receiving water models may receive higher ranking than those which claim
 greater  benefits  based on  arbitrary assumptions or unverified analyses.

 B. Assessment of Swimming and Shellfish ing  Benefits

     Benefits  resulting from proposed  marine  CSO facilities may be expressed in
terms of use  factors  such  as  the  expected change  in the number of days beaches
or shellfish  beds  are  open or closed.   Determination  of an absolute  benefit in
terms of a single  monetary figure  is  not  required and projects will  not be
ranked by benefit-cost ratios.  However,  studies  which monetize benefits  will
be reviewed and could  provide  valuable background and supporting information.

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 Although  it is not necessary to quantify benefits  into  a single  number,  grant
 applications should discuss  the value  and significance  of improved  uses.   For
 example,  the application  could cite the  following  for the area affected  by the
 CSO:

    Assessment of current water quality  conditions
    Requirements  of a  NPDES  permit,  EPA  administrative  order, or a  consent
    decree
    Recreational  surveys,  studies,  or  plans
    Historical  water uses and existing recreational facilities
 -   Area!  extent  of commercial or recreational  shellfishing  and  estimated
    yields including State requirements  affecting  allowable  yields
    Uniqueness  and availability of  alternative  swimming  and  shellfishing sites
    Physical  characteristics  affecting use such as water temperature,  bottom
    characteristics, current, tides, salinity,  etc.
    Chemical  characteristics  affecting shellfishing; for example, potential
    problems  from heavy metals or other  pollutants
    Population  adjacent to the site, potential  for use,  transportation and
    access to the site, boat  access, etc.
    Potential benefits for existing and  future water supplies
    Other  specific attributes of the area affected by the  CSO which will
    influence use.

 C. Comparison  of Benefits and Costs

    To evaluate different  CSO control  alternatives, the  costs and relative
benefits should be compared to the baseline alternative  of no additional CSO
control.   Benefits  may be  expressed in terms of use factors  such as number of
days beaches  are  closed, as previously discussed.  Costs and benefits  for
different  alternatives may be plotted  and displayed graphically  to help
determine  a cost-effective range where marginal costs are  not large compared
to incremental  benefits.   Systematic evaluation of alternatives  may have been
undertaken as part  of previous planning  efforts and is required  for facilities
planning under  section 35.2030.  The application should  list the structural
and non-structural  CSO control alternatives considered.  Documentation of  this
analysis will help  in the review and evaluation of the grant application.

    Applications  should display the following costs along with the benefits
discussed above for each proposed alternative including  all phases or  segments
of the treatment works of which the proposed project is  a part:

    Capital cost
    Yearly operation and maintenance cost
    Average annual equivalent cost for the project alone
    Annual household charges for the project alone and total including
    existing system charges.

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  D.   Statement  of  Regional  and  National Significance

    The  statement  of  regional and national  significance prepared by the
Regional Administrator should be broad in scope and not necessarily limited to
swimming and  shellfishing.  Discussions should focus on the area of immediate
CSO impact but  may also address the receiving water as it relates to  larger
ecosystems of which it is a part.  For example, the following subjects should
be discussed  as appropriate:

    Additional  shellfishing yields resulting from the project and relation to
    regional  and national production
    Additional  swimming opportunities related to other opportunities  in the
    region
    Effect on marine  life other than shellfish
    Enhancement of wetlands or habitats of  threatened, rare, or endangered
    species
    Historical  significance of the area and proximity to historical and
    archeological  sites
    Enhancement of the aesthetic quality of the waters
    Proximity to parks and  recreation areas
    Significance of additional recreational benefits provided by the  project
    such as boating and fishing
    Location  of waters with special national, State, or local resource
    designation
    Other unique features of the area and their relationship to the project

    Statements  on  national  and regional significance should relate the
measures of project benefit to comparable measures (qualitative or quantitive)
presented in  reports on the region or nation as appropriate, for example:

    State Comprehensive Outdoor Recreation  Plans
    National  surveys of outdoor recreation  activities (published periodically
    by the U.S. Department  of Interior)
    State shellfish harvest, production, or closure reports
    National reports of shellfish production (published periodically  by the
    U.S. Department of Interior).

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