Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

1

One of the most pressing challenges state and Tribal drinking water
programs continue to face is prioritizing competing programmatic
needs without increased funding for the programs. States are in the
process of implementing the new Lead and Copper Rule Revisions
(LCRR) while waiting for the Lead and Copper Rule Improvements
(LCRI), preparing for a new drinking water regulation for PFAS, and
helping systems comply with already existing regulations.

EPA OW, OECA, and Regions should work together with states to
identify program areas that could be deemphasized at this time or
shifted to a lower priority. There must be an acknowledgement and
allowance from EPA to states that with the increasing workload from
new issues, there must be existing work that becomes a lower
priority. These priorities may have regional variations and should
reflect local concerns in the states and regions. Polices that reflect
allocating efforts based on biggest yield for the investment for public
health protection would be welcomed by the states. For example,
states having to chase down paperwork for outdated public notice
violations rather than increasing time spent assisting systems with
current or health-based violations. States are asking EPA to recognize
the high volume of work completed by the state primacy programs
and the successes states have already achieved in reducing non-
compliance.

The current approach by EPA to continue to add regulatory and non-
regulatory requirements, without additional resources and without
guidance on disinvesting in lower priority issues, is not sustainable.
With the ongoing workforce issues faced by states, states are at a
critical point in which they must disinvest in lower priority activities
or risk significant public health impacts and burn out or loss of state
staff.

Page 3

J. Alan Roberson,
P.E., Association of
State Drinking Water
Administrators
(ASDWA) Executive
Director

States with Primacy are responsible to meet applicable law,
regulations, and guidance. Given increase in responsibilities due to
the new law (e.g., Bipartisan Infrastructure Law [BIL]), and
regulations - EPA is aware of the changing workload and will
continue to partner with the states to meet the applicable law,
regulations, and guidance.

No action taken in the guidance.

1


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

2

ASDWA supports the Office of Water's (OW's) goal of reducing the
number of community water systems out of compliance with health-
based standards, as reducing violations will improve public health
protection. Therefore, ASDWA recommends that EPA provide the
rationale for this numeric measure to reduce the number of systems
from 752 to 500. Without any rationale this number could be 400 or
600 or another number.

Page 3

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. The original health-based measure
(i.e., 3,508 systems with health-based violations) was based on
the number of systems in violation in the third quarter of 2017.
The original health-based measure goal was a 20% reduction (i.e.,
2,801 system with health-based violations). In 2021, the measure
was reset in the third quarter, to reflect the remaining systems
(i.e., 752 systems), with health-based violations, from the original
2017. The new goal is 500 water systems with health-based
violations by 2026. The value incorporated recalcitrant systems, as
well as systems that may require capital infrastructure
improvements to help address non-compliance.

No action taken in the guidance.

3

To achieve the Agency's goal of reducing the number of water
systems in non-compliance, ASDWA recommends that EPA work with
state primacy agencies to investigate why these systems have
remained out of compliance and to collaborate to find solutions.
When systems are out of compliance for extended periods of time, it
is likely that they will require unique and non-traditional methods to
address the issues. Additionally, where there are technical feasibility
concerns regarding mitigation of a health-based contaminant, EPA
should further consider and recommend to ORD areas for additional
research based on the root-cause of noncompliance for these
systems.

Page 3

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA is committed to working with
state primacy agencies to understand the factors leading to non-
compliance, collaborate on solutions, and identify potential areas
of research. In addition to technical issues, EPA also believes it is
critical to address any underlying managerial or financial capacity
issues, to ensure systems achieve compliance in a manner that is
long-term and sustainable.

No action taken in the guidance.

4

ASDWA agrees with EPA's statement that "the early, meaningful, and
substantial involvement of EPA's co-regulator partners is critical to
the development, implementation, and enforcement of the nation's
environmental programs." As previously discussed as a general
comment, ASDWA recommends that EPA engage with the states in
the conversation on specific strategic measures earlier. This action
would build a better partnership and increase trust between EPA and
the state primacy agencies.

Page 7

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA continues to work towards
early involvement of our co-regulators. For example, EPA solicited
early input for the National Water Program Guidance, as
summarized on EPA's website:

https://www.epa.gov/planandbudget/national-program-
guidances-npes#archive. Office of Water will take vour comment
into consideration for future processes and plans for engagement.

No action taken in the guidance.

2


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

5

ASDWA recommends that EPA engage in consistent and focused
conversations with state primacy agencies as the Agency works to
implement EPA's 2021 Climate Adaptation Action Plan. Impacts from
climate change can be region-specific and require unique on-the-
ground solutions that primacy agencies may be better equipped to
address.

Page 9

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment it will be taken into consideration.

No action taken in the guidance.

6

ASDWA has consistently recommended that federal agencies work to
streamline efforts to address cross-cutting issues, such as climate
change. ASDWA appreciates EPA's recognition of this need and
recommends that the Agency ensures that state primacy agencies
are regularly engaged in all federal initiatives. With limited resources
at both the state and federal level, it is imperative that we ensure
efforts are not duplicative.

Page 10

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment it will be taken into consideration.

No action taken in the guidance.

7

ASDWA supports EPA's goal to target infrastructure funding to
underserved communities and continues to recommend that the
Agency put into place waivers, in certain circumstances, for federal
requirements like the Buy America, Build America Act (BABA) and
Davis-Bacon (DB) Act for projects in disadvantaged communities.
ASDWA supports the underlying principles of BABA and DB, but
these requirements make obtaining funding from federal programs,
like the Drinking Water State Revolving Fund insurmountable for
many small systems that need the funding the most.

Page 10

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment it will be taken into consideration.
EPA is looking into possible waivers for Build America, Buy
America (BABA) requirements to provide support for
disadvantaged communities. Proposed waivers can be found on
this website: https://www.epa.gov/cwsrf/build-america-buv-
america-baba, including our recently posted proposed small
projects waiver. EPA does not have authority to waive the Davis-
Bacon requirements.

No action taken in the guidance.

3


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

8

ASDWA appreciates EPA's increased focus on building up the water
workforce and agrees that it is important to ensure that water
systems have adequate staff to ensure the safety of public health.
The need for additional staff in the water sector is cuts across all
agencies and systems, and ASDWA recommends that EPA also focus
on the staffing issues that state primacy agencies are experiencing
and find ways to collaborate with states to identify solutions.
Ensuring state programs are adequately staffed is equally as
important to protecting public health.

Page 12

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. The Agency recognizes the need to
ensure the future sustainability of the water sector and agrees it is
essential to work collaboratively to find solutions across federal,
state, Tribal and local governments as well as public utilities, the
private sector, water sector associations, community groups and
educational institutions.

No action taken in the guidance.

9

ASDWA supports EPA's federal strategy to reduce or eliminate lead
exposure, especially for children and other vulnerable
subpopulations. ASDWA recommends EPA work with the
Department of Education at the federal level to support local efforts
to maintain schools' compliance with the Lead and Copper Rule as
well as encouraging school testing for lead in drinking water.

Support at all levels will be needed to fund remediation options
schools can use to address elevated lead levels. At the national level
working with the federal Department of Housing and Urban
Development through the Lead and Healthy Homes Program can also
help to lower a child's exposure to harmful levels of lead.

Page 12

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA agrees there is no known safe
level of lead in a child's blood. EPA also agrees on the importance
of working with federal partners and stakeholders to support
schools at all levels. EPA will focus on opportunities to collaborate
across all engagements to recognize progress and make available
a full range of resources to reduce lead exposure from all sources
in the most affected communities.

New bullet was added to the "Lead Service
Line Replacement" section of the guidance
on protecting vulnerable populations by
providing resources to schools and
childcare facilities.

10

ASDWA appreciates EPA's commitment to collaborating closely with
states and systems to further enhance the sector's resiliency and
response to cyber-based attacks.

Page 13

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA similarly appreciates ASDWA's
important partnership in advancing cybersecurity in the water
sector.

No action taken in the guidance.

11

As EPA moves forward with actions to address PFAS, the Agency
must prioritize the development of adequate risk communication
tools. The risk communication materials so far have been
inadequate. The development of these materials should be done in
concert with ongoing activities at the state level and with significant
state input.

Page 14

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA will look for opportunities to
collaborate with states and other stakeholders while developing
risk communication materials that will meet the highest standards
possible.

Added a bullet under "Monitoring and
Remediating Per- and Polyfluoroalkyl
Substances": Develop risk communication
materials for specific PFAS actions and
coordinate with co-regulators and other
stakeholders prior to release.

4


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

12

ASDWA strongly recommends that EPA coordinate with states before
any public release or notifications of PFAS actions leaving ample time
for questions and preparations. While ASDWA appreciates the
Agency's recent efforts to prepare primacy agencies ahead of the
release of health advisories for PFOA, PFOS, GenX, and PFBS, more
time should be given to the states so that they are prepared to
handle the increase in public and water system inquiries.

Page 14

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment, it will be taken into consideration.

Added a bullet under "Monitoring and
Remediating Per- and Polyfluoroalkyl
Substances": Develop risk communication
materials for specific PFAS actions and
coordinate with co-regulators and other
stakeholders prior to release.

13

ASDWA strongly agrees with EPA's statement that the Agency "needs
to use a suite of regulatory and non-regulatory
programs to protect and improve water quality and ecosystem
health in the nation's watersheds—as well as estuarine, coastal, and
ocean waters." Using a holistic approach to prevent contaminants
from entering the environment and drinking water sources
throughout any part or all of the chemical's lifecycle -
from manufacturing through processing, distribution, and disposal -
is much more effective and less expensive than having to remove
them once contamination has occurred. Protecting drinking water
sources (and preventing contamination) is essential for sustaining
safe drinking water supplies and protecting public health.

Page 15

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for the comment. EPA continues the work to protect
source water, especially with our many partners in the Source
Water Collaborative, including ASDWA. For the comment on
chemical lifecycles, see the effluent guidelines plan for further
information and how to get involved in the planning process:

https://www.epa.gov/eg/effluent-guidelines-plan.

No action taken in the guidance.

5


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

14

OW notes that the office is still developing metrics to track
progress towards meeting its goals for climate adaptation, BIL
implementation, and Justice40/environmental justice. While ASDWA
appreciates EPA's engagement with states to this point, ASDWA
recommends EPA expand this work to ensure that these goals are
obtainable, implementable, and provide the greatest benefit for
public health.

Page 35

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. To ensure that the Office of Water
is reaching its goals for climate adaptation, BIL implementation
and Justice40, there are a suite of efforts happening across the
Agencv, including the EPA Strategic Plan, EPA Eauitv Action Plan,
EPA Climate Adaptation Plan, etc. EPA has out significant effort
into aligning efforts and commitments across these various plans,
mandates, and activities with an eye toward ensuring our goals
drive action and accountability with the ultimate result of
achieving meaningful positive change on the ground.

EPA has expanded the first phase of Justice40 implementation
beyond the six programs in the Justice40 pilot. The first phase will
include anv additional programs funded bv the Bipartisan
Infrastructure Law that match the criteria of Justice40. At the
National Environmental Justice Advisorv Committee's April 2022
public meeting, EPA committed to not only meet, but exceed the
mandate of Justice40 that 40 percent of benefits of the Justice40
programs flow to disadvantaged communities. The Agency also
committed to transparently track and map those investments and
benefits on a program-by-program basis, to the extent possible.
For more information on Justice40 at EPA, please visit:
https://www.epa.gov/environmentaliustice/iustice40-epa.

No action taken in the guidance.

EPA released the FY 2022 Gulf Hypoxia Program Guidance for
State Cooperative Agreements in early June of 2022. The guidance
directs states to prioritize nutrient management actions that
provide climate resilience co-benefits and to ensure the funded
projects benefit disadvantaged communities to the greatest
extent possible. For more information on the Gulf Hypoxia
Program, please visit: https://www.epa.gov/ms-htf/gulf-hvpoxia-
program.

6


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

15

One complication in implementing the strategic measures is the
reporting differences between states. Some states report violations
to EPA beyond the minimum reporting standards, such as a
significant deficiency discovered at a system or the lack of a certified
operator. These differences cause states that do increased reporting
to appear to have a higher number of violations than a state that
does not. ASDWA recommends EPA complete a re-baselining of state
reporting of violations to ensure the strategic measure is accurate
and consistent.

General

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA agrees that the quality and
completeness associated with data reporting can be improved.
Minimum reporting requirements, as described by ASDWA, are
specified in the National Primarv Drinking Water Regulations. EPA
will look for opportunities to work with ASDWA and the states to
identify training opportunities focusing on reporting
requirements.

No action taken in the guidance.

16

One proactive state program is the area-wide optimization program
(AWOP). ASDWA strongly supports the expansion and continued
financial support for this program. Currently, 26 states have
operational AWOP programs, and other states are considering
initiating a program. AWOP is designed to assist water systems as
they work toward optimizing their existing treatment processes to
increase public health protection. AWOP has expanded its scope
beyond the original tools and now addresses both microbial
contaminants and disinfection byproducts in distribution systems.
ASDWA recommends EPA continue to expand AWOP's scope and
restore the funding of EPA staff and contractors to help facilitate the
development of new AWOP tools at the national level.

General

J. Alan Roberson,
P. E., ASDWA
Executive Director

Thank you for your comment. EPA is considering expansion of the
Area-Wide Optimization Program (AWOP) to address public water
system challenges in small and disadvantaged communities.

No action taken in the guidance.

17

EPA should provide clarification and details on how the agency
intends to meet the long-term performance goal "By September 30,
2026, increase by an additional 41,000 square miles the area of
watersheds with surface water meeting standards that previously did
not meet standards."

Page 2

Association of Clean
Water

Administrators
(ACWA)

Thank you for your comment. Progress towards meeting this goal
is accomplished through a myriad of activities, which can include,
but is not limited to developing and implementing Total
Maximum Daily Loads (TMDLS) or other plans, non-point source
and other restoration activities, additional controls on point
sources, and revision of water quality standards.

No action taken in the guidance.

7


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

18

Environmental Justice (EJ) is priority for states and EPA. Recognition
and understanding that state law may define disadvantaged
communities and that definition should be applied to any national
metrics EPA uses.

Page 6

ACWA

Thank you for your comment. EPA does understand that states
have their own definition of disadvantaged communities. EPA will
take the definition into consideration when reporting on metrics.

No action taken in the guidance.

19

EPA should work closely with states to figure out the best ways to
integrate climate change considerations into current CWA programs.

Page 9

ACWA

Thank you for your comment. The Office of Water will be releasing
its climate adaptation implementation plan this fall and looks
forward to working collaboratively with states on implementing
priority actions in the plan and identifying additional opportunities
to integrate climate change considerations into Clean Water Act
(CWA) programs.

No action taken in the guidance.

20

EPA should develop fact sheets, checklists, and other tools to help
facilities evaluate their resiliency to cybersecurity attacks.

Page 14

ACWA

Thank you for your comment. EPA concurs with your comment
and therefore will review the Agency's existing array of
cybersecurity tools, guidance, training, and direct technical
assistance to explore additional opportunities to assist the water
sector.

No action taken in the guidance.

21

EPA should add "invest in the completion of aquatic life and human
health toxicity studies and assessments for priority PFAS" and
"develop cohesive PFAS planning with Co-Regulators" to its list of
PFAS intentions.

Page 14

ACWA

Thank you for your comment. EPA's Council on PFAS is committed
to expand engagement opportunities with federal, state, and
Tribal partners to ensure consistent communications, exchange
information, and identify collaborative solutions.

EPA's Office of Water is committed to leveraging data from EPA's
Office of Research and Development and other sources to develop
CWA 304(a) national recommended aquatic life and human health
criteria for PFAS, as data allows.

No action taken in the guidance.

22

EPA should coordinate with states through ACWA on priorities for
water quality standards and revisions to the Water Quality Standards
Handbook.

Page 16

ACWA

Thank you for your comment. The Office of Water is committed to
continuing to work with stakeholders, including ACWA, on
revisions to the Water Qualitv Standards (WQS) Handbook.

No action taken in the guidance.

8


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

23

EPA should work with states to better understand if criteria or
standards updates will significantly impact the TMDL and other
programs.

Page 16

ACWA

Thank you for your comment. EPA will continue to work with
states in developing technical support documents addressing
implementation of new/revised 304(a) criteria recommendations
in CWA programs.

No action taken in the guidance.

24

EPA should continue to coordinate extensively with states through
ACWA to solicit feedback on implementation of the second-round of
the 303(d) Vision.

Page 17

ACWA

Thank you for your comment. EPA will work closely with states,
including through ACWA, on implementation of the 303(d) Vision
2.0.

No action taken in the guidance.

25

EPA should provide ACWA and its member states a chance to
comment on proposed updates to the CWA regulatory framework,
especially sections that pertain to funding nutrient reduction
strategies.

Page 19

ACWA

Thank you for your comment. EPA welcomes the opportunity to
engage with ACWA and its member states on updates to the CWA
regulatory framework and opportunities to fund nutrient
reduction strategies.

No action taken in the guidance.

26

EPA should note and support ongoing efforts and new tech-based
solutions that states are currently working on to reduce nutrients.

Page 19

ACWA

Thank you for your comment. EPA is supportive of all efforts made
by the states to make progress towards reducing nutrient
pollution. Since there are no federal Technology-Based Effluent
Limitations (TBELs) for nutrients for Publicly Owned Treatment
Works (POTWs), many states have developed their own
performance-based or technology-based requirements. States still
must ensure any requirement in a National Pollutant Discharge
Elimination System (NPDES) permit is derived from and complies
with applicable state water quality standards and consistent with
any available waste load allocation.

EPA is working closely with industry and the POTW community to
identify innovative approaches to manage nutrient discharges
from industrial facilities in the meat and poultry processing
industry that indirectly discharge via POTWs. EPA will continue to
identify these approaches and promote wide adoption as part of
its rulemaking activities.

No action taken in the guidance.

9


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

27

EPA should support significant increase to 106 funding to support the
current complex CWA program challenges.

Page 29

ACWA

Thank you for your comment on the importance of supporting a
significant increase in CWA Section 106 funds. As part of the FY
2023 President's Budget Request, EPA requested an increase in
the Section 106 funds to support state and Tribal Water Pollution
Control programs. If EPA receives the request, the total Section
106 funding would increase substantially.

No action taken in the guidance.

28

EPA should provide additional information regarding why the WQS
backlog measure is no longer needed. EPA HQ should track which
parts of a state's WQS program have been approved and which
things are still backlogged under which years.

Page 34

ACWA

Thank you for your comment. EPA continues to place a priority on
completing WQS reviews in a timely fashion and tracks the WQS
backlog internally on a regular basis.

No action taken in the guidance.

29

EPA needs to better explain the value of "Annual increase in square
miles of watersheds with surface water meeting standards" and
somewhere acknowledge that a change in standards and or more
assessments may lead to more waters impaired.

Page 34

ACWA

Thank you for your comment. EPA recognizes additional waters
may be listed as impaired, e.g., as new data and information
become available for assessments and WQS are changed or
developed. EPA established an universe of impaired waters as part
of the Strategic Planning process. It is from this universe that
progress is measured. Any new impaired waters are added during
a state's subsequent bi-annual Integrated Report do not count
against this measure but would be reflected in subsequent
Strategic Plan universes.

A footnote was added providing additional
information on the scope of the metric.

30

EPA's program measure for water reuse should be revised using
stakeholder input to reflect the reuse program's efficacy rather than
quantifying NWRAP actions.

Page 35

ACWA

Thank you for your comment. The WaterReuse program tracks
several metrics internally including the addition and closing of
WaterReuse Action Plan (WRAP) actions, research funding,
infrastructure investments, and total number of participating
organizations. Additionally, WRAP Action 5.5 is aimed at
estimating the potential for water reuse from municipal
wastewater and stormwater.

No action taken in the guidance.

10


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

31

As EPA's Office of Water (OW) develops and implements their
Climate Adaptation Implementation Plan, WateReuse strongly
supports the integration of water reuse and recycling as a climate
resiliency and clean water tool to support the three climate plan goal
areas. By advancing water reuse, we protect and enhance the
environment while helping communities build resilience to drought,
flooding, and other impacts of climate change.

As climate change accelerates, and its associated adverse impacts on
water resources increase, it is vitally important that the nation invest
in water recycling to build resilience, manage energy demands,
support public and environmental health, and ensure America's
economic prosperity. Investments in water recycling ensure reliable
and resilient community water supplies, support sustainable
economic development, and help protect our rivers, lakes, streams,
aquifers and wetlands.

Page 9 & 10

Aliza Furneaux,

WateReuse

Association

Thank you for your comment. EPA's WaterReuse program is
helping communities, via the WRAP, build capacity and more
diversified water portfolios to support climate change mitigation
and adaptation.

No action taken in the guidance.

32

WateReuse further supports the integration of water reuse and
recycling into all relevant federal programs, particularly in federal
funding and financing programs such as the Water Infrastructure
Finance Innovation Act (WIFIA) program. WateReuse strongly urges
continued investment by EPA in water reuse and recycling projects.
We recommend that OW clearly articulate in all relevant notices of
funding availability that water reuse and recycling is a priority for
funding. Federal investments in water reuse and recycling projects
enable communities to build climate resilience, sustainably increase
water supply, and improve water quality.

Page 29

Aliza Furneaux,

WateReuse

Association

Thank you for your comment. We will be taking your feedback
into consideration.

No action taken in the guidance.

11


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

33

As noted in the Office of Water's draft guidance, water utilities face
challenges in recruiting, training, and retaining employees specifically
as it relates to the specialized technical skills required to operate the
advanced treatment technologies often employed in water reuse
projects. It is essential for OW to continue to incorporate and plan
for the increasing need to train and employ water protection
specialists with specialized technical skills. This will become
increasingly pressing as water quality and water supply concerns
grow in the face of climate change.

Page 12

Aliza Furneaux,

WateReuse

Association

Thank you for your comment. EPA recognizes the importance of
job training and workforce development. In 2021, EPA funded a
new grant program, the Innovative Water Infrastructure
Workforce Development Program, to advance the Biden-Harris
Administration's commitment to advance economic opportunities
and address environmental justice issues in underserved
communities.

No action taken in the guidance.

34

Following the enactment of the Bipartisan Infrastructure Law in
2021, Congress directed the formation of an Interagency Working
Group on Water Reuse to support EPA's National Water Reuse
Action Plan (WRAP) and ensure water reuse and recycling is
effectively integrated in programs across federal agencies. The WRAP
serves as a catalyst for the water reuse stakeholder community with
over 100 stakeholders and 50 actions. The WRAP drives progress on
advancing water reuse research, programs, policies, communication,
and outreach, and more. Both the Interagency working group and
WRAP are essential programs that require EPA's leadership to ensure
communities can utilize water recycling as a water management tool
to improve climate resilience, water supply, and water quality.

Page 35

Aliza Furneaux,

WateReuse

Association

Thank you for your comment. EPA is committed to leveraging the
federal interagency workgroup on water reuse to help support a
resilient water supply across the nation.

No action taken in the guidance.

12


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

35

Draft National Water Program Guidance FY 2023-2024 states that
EPA-OW intends to "Leverage National Pollutant Discharge
Elimination System (NPDES) permitting to reduce PFAS discharges to
waterways." Please clarify "leverage" as it relates to primacy state
NPDES programs. Further details on this will assist primacy states in
their permit planning process.

Page 14

Water Quality
Division, Wyoming
Department of
Environmental
Quality (DEQ)

Thank you for your comment. On April 28, 2022, Assistant
Administrator, Radhika Fox, signed a memo titled "Addressing
PFAS Discharges in EPA Issued NPDES Permits and Expectations
Where EPA is the Pretreatment Control Authority". This memo
detailed how EPA would address PFAS discharges in EPA-issued
NPDES permits and for industrial users where EPA is the
pretreatment control authority. The recommendations in the
memo help leverage NPDES permits to reduce PFAS discharges to
waterways at the source and obtain more comprehensive
information through monitoring on the sources of PFAS and
quantity of PFAS discharged by these sources. While the Office of
Waterworks to revise Effluent Limitation Guidelines and develop
water quality criteria to support technology-based and water
quality-based effluent limits for PFAS in NPDES permits, this
memorandum describes steps federal permit writers can
implement under existing authorities to reduce the discharge of
PFAS. The next step is for EPA to issue a memo to the state
permitting authorities. EPA is considering adopting the
recommendations EPA has already started to implement in
federally issued permits to address PFAS in discharges in the
memo to the authorized states. In the Summer of 2022, the
NPDES permitting program started the stakeholder engagement
process that will inform the development of the state guidance.

No action taken in the guidance.

13


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
(Page #)

Commenter

National Program Office Response

Action Taken in Final Guidance

36

Draft National Water Program Guidance FY 2023-2024 states that
EPA-OW intends to "identify environmental justice and Title VI civil
rights factors that could inform the development of effective
approaches within the authority of the NPDES program." Please
clarify the NPDES permitting and/or compliance mechanics
associated with this goal. Does EPA intend for certain permit
conditions to vary based on proximity of the discharge to an EJ or
Title VI affected community? Additionally, does EPA anticipate
different NPDES enforcement practices for those discharges? We
request that EPA engage with and obtain input from state co-
regulators as it evaluates the development of new approaches or
requirements within NPDES that would affect state programs.

Page 30

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. EPA is committed to achieving our
mission for all people in the United States, regardless of race,
color, national origin, disability, age, sex or income. EPA's
responsibilities under the federal environmental justice policy are
outlined in three executive orders (E.O.s): E.O. 12898, E.0.14008
and E.O. 13985. EPA is committed to providing federal, state, and
local permitting programs with the informational resources and
tools to help them meet their responsibility to integrate
environmental justice and civil rights into relevant environmental
permitting processes. For example, EPA published the 2022 Legal
Tools to Advance Environmental Justice guidance, which provides
an overview of the specific provision of the nation's
environmental statutes and its authorizations and required
considerations of environmental justice in permitting, including
National Environmental Policy Act, Safe Drinking Water Act, Clean
Water Act, Clean Air Act and Recourse Conservation and Recovery
Act. In addition, EPA is promoting the use of a routine process of
screening for environmental justice and civil rights concerns early
in the permitting process. If a permit applicant initiates pre-
application discussions, knowledge gained from conducting an
early screening for environmental justice can make early
discussions more meaningful and productive and can increase
predictability and efficiency in the permitting program. EPA will
engage with and obtain input from state co-regulators on
approaches to address environmental justice considerations in
NPDES permits at the ACWA 2022 Annual Meeting and other
forums.

No action taken in the guidance.

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
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Commenter

National Program Office Response

Action Taken in Final Guidance

37

Draft National Water Program Guidance FY 2023-2024 states Both
the CWSRF and DWSRF have funds eligible to use to address PFAS, as
does the public water System Supervision Grant. Additionally, the
Bipartisan Infrastructure Law provides $10 billion in relief for
communities impacted by PFAS and other emerging contaminants,
including $4 billion for the DWSRF, $1 billion for the CWSRF, and $ 5
billion for Small and Disadvantaged Communities drinking-water
grants. DEQ recommends that for disadvantaged communities that
are not under State oversight authority, EPA coordinate with the
State for adjacent and downgradient communities that may also be
impacted, as decisions made by EPA for those specific communities
may have an impact to those areas. For example, areas with Tribal
communities dispersed in non-Tribal areas would need coordination
with the State if emerging contaminants were identified in the
different communities. Ensuring funding is available to each of the
impacted communities and coordinating efforts to not be duplicated
would be beneficial to the area.

Page 15

Water Quality
Division, Wyoming
DEQ

Thank you for the comment, it will be taken into consideration.

No action taken in the guidance.

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Comment

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Commenter

National Program Office Response

Action Taken in Final Guidance

38

Underground Injection Control Grant Guidance. To assist owners
and operators of UIC facilities in meeting these objectives, grantees
will need to adopt a variety of approaches and coordinate efforts
with other groundwater protection programs. FY 2023-2026 priority
activities for the UIC grant fund recipients should include the
following:

•	Maintaining program capacity to implement UIC program
requirements for all classes of wells.

•	Ensuring that Class 1, II and III (salt solution) wells that lose
mechanical integrity are returned to compliance.

•	Addressing high priority Class V wells.

•	Submitting data through EPA's UIC Data Application.
The objective of the UIC program is to protect USDWs. The four
bullet items, specifically 1, 2 and 4 have been longstanding objectives
in the protection of USDWs. Why is bullet no. 2 specifically
addressed for the FY2023-2026 priority activities? In addition, will a
timeframe to return to compliance be identified? In addition, please
define what is considered "high priority Class V wells."

Page 28

Water Quality
Division, Wyoming
DEQ

Thank you for your comments. Regarding bullet number 2:
Mechanical integrity, as described in 40 CFR 146.8, is the
cornerstone of the Underground Injection Control (UIC) program
and ensuring wells are in compliance is essential to the protection
of underground sources of drinking water. Mechanical integrity
has been a priority activity for the UIC program since inception
and will continue to be a priority into the future. EPA UIC Program
Compliance Strategy for Primacy and Direct Implementation
Jurisdictions speaks to EPA's expectation that direct
implementation and primacy programs to take timely and
appropriate enforcement actions. Programs should bring a certain
percentage of Significant Non-Compliance (SNCs) and certain
other violations into compliance or take a formal enforcement
action within 90 days of the discovery of the noncompliance. The
percentage of wells returned to compliance within 90 days of
discovery will be negotiated between the primacy program and
the EPA Region.

Regarding high priority Class V wells question, EPA describes the
identification and prioritization of Class V wells in the memo
"Identifying and Prioritizing Enforcement Cases at Class V Wells
and Available Enforcement Options - Underground Injection

No action taken in the guidance.

Control Program Guidance #62". This document indicated that
prioritization should consider whether injection is taking place
directly into or above an underwater source drinking water,
contaminants of concern and their quantities found in the injected
fluid, and the imminence of threat to human health.

16


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

Location in
Draft Guidance
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Commenter

National Program Office Response

Action Taken in Final Guidance

39

Underground Injection Control Grant Guidance. The Bipartisan
Infrastructure Law provided provisions for a separate grant to be
administered separately as a part of the UIC program. The grant
would provide funds to state, and Tribal governmental agencies that
oversee underground injection activities to prevent contamination of
underground sources of drinking water from fluid injection practices.
This provision targets funding to address Class VI wells utilized for
carbon sequestration. Eligible entities shall use grants to defray the
expenses related to the establishment and operation of a Class VI
primacy program. The match requirement is 25 percent based on
statute. Please clarify 'The match requirement is 25 percent based
on statute." This has not been mentioned in any guidance
documents or discussions regarding the grant for the Class VI
program.

Page 28

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. The 25 percent match is not a
requirement for the Class VI grant provided for under the BIL. The
reference to a 25 percent match has been deleted from the
National Program Guidance

The sentence "The match requirement is
25 percent by statute" has been deleted.

40

Section V: FY 2023 National Water Program Measures. Subject Area:
Underground Injection Control, Measure Language: EPA permit
Backlog - New UIC. Does this measure only apply to EPA or will
states be expected to address this? If states are expected to
implement this measure, what are the expectations?

Page 33

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. This metric applies only to EPA
issued UIC permits.

No action taken in the guidance.

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Comment

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Commenter

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Action Taken in Final Guidance

41

Section V: FY 2023 National Water Program Measures. Subject Area:
Bipartisan Infrastructure Law, Measure Language: The Office of
Water is still developing metrics to track progress towards meeting
our Bipartisan Infrastructure Law Implementation goals.
Comments/Notes: New metrics TBD. What is an anticipated
timeframe for the new metrics?

Page 35

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. The OW is actively working with
other EPA offices and OMB to develop these metrics. While we
cannot yet provide an anticipated timeframe on when they will be
finalized, we will actively keep our stakeholders informed on our
progress.

No action taken in the guidance.

42

Section VI: Key Contacts. Underground Injection Control: Eric
Bissonette and Travis Cummings. Please clarify their roles with the
Underground Injection Control Program.

Page 36

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. Eric Bissonette and Travis
Cummings are the OGWDW contacts for the NWPG and described
programs.

No action taken in the guidance.

43

Section III: Strengthening the Nation-to-Nation Relationship with
Tribes, "Action Plan focuses", "Promoting Robust Coordination and
Meaningful Consultation with Tribal Nations". The DEQ supports
efforts to strengthen nation-to-nation relationships and notes that
tribes are likely to benefit from coordination and consultation with
state co-regulating partners also. EPA should include seeking
opportunities for shared opportunities to collaborate with all three
parties. The DEQ will continue to collaborate with neighboring tribes.

Page 21

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. The Agency greatly values and will
continue to seek opportunities to engage and collaborate with
both its state and Tribal co-regulating partners. Consistent with
EPA's Policy on Consultation and Coordination with Indian Tribes,
EPA consults on a government-to-government basis with federally
recognized Tribal governments when EPA actions and decisions
may affect Tribal interests.

No action taken in the guidance.

18


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Comment

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Commenter

National Program Office Response

Action Taken in Final Guidance

44

Protecting and Restoring Waterbodies and Watersheds: Evaluate
Water Quality Standards. "EPA will establish priorities for states that
will include updates to states standards, climate change adaptation,
and environmental justice." The DEQ will establish water quality
standard priorities for Wyoming. In support of cooperative
federalism, the establishment of priorities should be based on a
collaborative discussion between EPA and states. The DEQ looks
forward to the opportunity to discuss water quality standard
priorities with EPA; however, final determinations of state priorities
will be made by the DEQ after considering federal priorities, state
priorities, and directions already being pursued by the DEQ under
other planning documents (e.g., nutrient strategy, TMDL Vision, etc.).
Finally, as EPA has confirmed that Region 8's Draft Climate
Adaptation Implementation Plan will not result in direct impacts to
or requirements of states, we request further clarification on this
statement.

Page 16

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. EPA looks forward to continuing to
work with Wyoming's Department of Environmental Quality on
Water Quality Standards.

No action taken in the guidance.

45

Section II, Priority Areas, Partnerships, Improving On-the-Ground
Community Engagement: The DEQ commends EPA for pursuing
increased community engagement to help stakeholders understand
the agency's role and priorities. Particularly for regulatory programs
that EPA directly implements (e.g., the PWSS program in Wyoming),
such engagement with the impacted community can lead to better
regulatory decisions. However, it is imperative that EPA remain
cognizant of when community engagement should occur through or
in close coordination with the state agency to support state primacy
for delegated programs, ensure consistent messaging, or ensure
stakeholders understand the respective roles of both agencies.

Page 7

Water Quality
Division, Wyoming
DEQ

Thank you for your comment, it will be taken into consideration.

No action taken in the guidance.

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Comment

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Draft Guidance
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Commenter

National Program Office Response

Action Taken in Final Guidance

46

Protecting and Restoring Waterbodies and Watersheds: Evaluate
Water Quality Standards. "The Agency will place special emphasis on
engaging with underserved communities in the review and setting of
state water quality standards." As one example of where it is critical
for stakeholder engagement to be coordinated through the state
agency (see comment above), the DEQ would like further
clarification on this statement and EPA's perceived role. The DEQ has
authority to establish water quality standards in the state of
Wyoming. We look forward to engaging with all communities, and
EPA as our federal partner, to set appropriate water quality
standards. Community and stakeholder engagement for water
quality standards promulgation is the responsibility of the DEQ.

Page 16

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. OW regional and headquarters staff
will support state engagement plans.

No action taken in the guidance.

47

Clean Water Act Section 106 Grant Guidance: "Incorporate new
NPDES regulations, policies, and other programmatic changes..." This
is a broad statement, and further clarification on what NPDES
regulations, policies and programmatic changes EPA intends to
pursue over the next two years is needed. Early, frequent, and
meaningful dialogue with state agencies on regulatory, policy, and
programmatic changes will be critical.

Page 30

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. The draft FY2023-2024 Section 106
Supplemental Grant Guidance is currently posted on EPA's public
website, and it provides information related to new and ongoing
priorities for the programs covered by Section 106 Grants,
including the NPDES program. EPA agrees that dialogue with state
agencies is critical and will continue to communicate with state
agencies on regulatory, policy, and programmatic changes as they
arise.

No action taken in the guidance.

20


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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

1

Comment

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Commenter

National Program Office Response

Action Taken in Final Guidance

48

Section V: FY23 National Water Program Measures: Drinking
Water—Strengthen the technical, managerial, and financial capacity
of drinking water systems. While DEQ supports this objective, as
written, it is not measurable. Can EPA provide further clarification on
how this objective will be measured?

Page 33

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. EPA measures this objective on a
quarterly basis by taking inventory of how many engagements our
Regional Offices and the Office of Ground Water & Drinking Water
have had with states and water utilities. Specifically, EPA
inventories individual engagements that promote the objective of
strengthening the technical, managerial, and financial capacity of
drinking water systems. They can include, but are not limited to,
EPA participation in site visits or sanitary surveys, Agency
presentations and trainings (on-site or online), and Agency
participation in external workgroup meetings. EPA's target for this
measure is 125 engagements per quarter. In FY 2022, the Agency
has thus far exceeded quarterly targets by as much as 70 percent.

No action taken in the guidance.

49

Section V: FY23 National Water Program Measures: Impaired
Waters—Report on the quality of the nation's waters—percent of
samples processed. Can EPA provide further clarification on this
metric and what samples it pertains to? Does this metric relate to
the NLA, NRSA, or other monitoring programs?

Page 34

Water Quality
Division, Wyoming
DEQ

Thank you for your comment. To clarify, this is a Water Quality
measure, not an Impaired Waters measure. This water quality
measure tracks progress in processing and delivering sample
results collected under EPA's, state and Tribal National Aquatic
Resource Surveys. Timely data delivery is fundamental to
improving the timeliness of the reports on the quality of the
nation's waters.

Revision made in metric table.

50

Environmental justice (EJ) is clearly a concern when it comes to
drinking water, but unfortunately there is a relative lack of drinking
water-focused EJ tools and metrics. EPA should work with states and
partners to develop and expand drinking water-focused EJ metrics on
EJScreen and elsewhere to help ensure that EJ relating to drinking
water is not overlooked. Development of such metrics and tools are
a worthwhile action to include in planning documents such as the
NWPG.

Page 6

Environmental
Council of the States
(ECOS)

Thank you for your comment. The Agency agrees that appropriate
metrics and tools are worthwhile as we move forward.

No action taken in the guidance.

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Comment

Location in
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Commenter

National Program Office Response

Action Taken in Final Guidance

51

ECOS supports EPA's intent to "propose requirements that, along
with other actions, would result in the replacement of all lead service
lines as quickly as is feasible." While requirements can be an
effective tool, the key to rapid Lead Service Line (LSL) replacement is
having funding available to remove both system-owned LSLs and
customer-owned LSLs. The BIL provides funding for LSL inventory
development and LSL replacement (LSLR), but the fact that 51% of
this funding must be in the form of loans reduces the likelihood of
water systems seeking this assistance. As a result, the 51% loan
requirement undermines how transformative this investment could
be compared to the funding being in the form of 100% grants or
principal-forgiveness loans. While the revolving nature of the BIL
LSLR money may seem to make the funding more sustainable, the
reality is that more LSLs would be replaced if the funding was 100%
grant. It is recommended that the NWPG explicitly expand on the
"other actions" geared towards achieving rapid LSL replacement to
include other approaches such as funding, technical assistance, and
education and communication (for both the regulated community
and the general public).

Page 12

ECOS

Thank you for this comment, it will be taken into consideration.

No action taken in the guidance.

52

In addition to the priorities outlined above, states encourage EPA to
continue to focus measures on environmental outcomes rather than
outputs such as the number of inspections or evaluations.

General

ECOS

Thank you for your comment. OW uses both outcome and output
metrics to track progress towards meeting agency priorities.

No action taken in the guidance.

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Action Taken in Final Guidance

53

States also urge continued joint governance, coordination, and
investment in data solutions to improve the multi-directional
interoperability between state and federal databases. As examples,
states encourage the modernization of drinking water information
now managed through the Safe Drinking Water Information System
(SDWIS) and of clean water and air information now managed
through the Integrated Compliance Information System (ICIS). These
modernization efforts can lead to reduced duplication, improved
data quality, and less burdensome processes.

General

ECOS

Thank you for your comment. EPA concurs with states on the
importance of continuing the joint governance, coordination, and
investment in data solutions. EPA values states' robust
participation in Safe Drinking Water Information System
modernization governance as well as states and EPA coordinating
drinking water data system investments.

No action taken in the guidance.

54

ECOS encourages EPA to adopt a culture of shared governance
broadly and to reinforce this in rule development, system
modernization work, consideration of major system upgrades such
as with the Exchange Network, and other means.

General

ECOS

Thank you for your comment, it will be taken into consideration.

No action taken in the guidance.

55

The document speaks of partnerships with Tribal, state, and local
governments, and other stakeholders, but it seems territorial
governments are left out, and they should not be.

Throughout

Mille Lacs Band of
Ojibwe (Anishinaabe
Tribe)

Thank you for your comment. EPA added additional references to
partnering with territories.

Revisions made throughout the document.

56

The document inconsistently treats "communities" and "local
governments" as different entities, where in some descriptions treat
the two as the same. Consistency in terminology usage would be
helpful.

Throughout

Mille Lacs Band of
Ojibwe (Anishinaabe
Tribe)

Thank you for your comment. EPA made edits to try and be more
consistent.

Revisions made throughout the document

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Response to Comments on the Office of Water's FY 2023 - 2024 National Program Guidance

Document Number: 850R22002

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Comment

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Commenter

National Program Office Response

Action Taken in Final Guidance

57

ADEQ appreciates EPA's efforts to be metric driven. Measuring is
critically important. However, clarity on how metrics are being used
is also necessary. Metrics should focus not only on progress but also
opportunities for continuous improvement in the process by which
success is measured.

Page 3

Trevor Baggiore,
Arizona Department
of Environmental
Quality, Water
Quality Division
Director

Thank you for your comment. The majority of OW's metrics are
tracked on a monthly or quarterly basis. Continuous improvement
efforts are discussed if progress isn't being made towards the
metrics goals.

No action taken in the guidance.

58

ADEQ recognizes each aspect of the guidance is important to protect
human health and the environment. However, EPA needs to provide
the states sufficient funding to help achieve them.

General

Trevor Baggiore,
Arizona Department
of Environmental
Quality, Water
Quality Division
Director

Thank you for your comment. The EPA will continue to engage in
meaningful discussions about how to continue state- and Tribal-
led restoration and protection work. EPA's funding levels will be
determined through the annual federal appropriations process.

No action taken in the guidance.

59

ADEQ recognizes the importance of periodically evaluating and
developing water quality standards. However, timely action on state
submittals is critical to ensuring appropriate protection of human
health and the environment is not delayed. For example, ADEQ
submitted criteria for EPA review and approval in 2019. ADEQ did
not receive sufficient input until late 2021 on half the submittal and
the other half remains under EPA review as of July 2022.

Page 16

Trevor Baggiore,
Arizona Department
of Environmental
Quality, Water
Quality Division
Director

Thank you for your comment. OW regional and headquarters staff
strive to engage with states prior to submission to expedite
review. Complicated submissions may require additional review
time.

No action taken in the guidance.

24


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