Fy 2023 2024 Ow NPG

NATIONAL WATER
PROGRAM GUIDANCE
FY 2023-2024
August 29, 2022

Publication Number: 850B22001
NATIONAL WATER PROGRAM GUIDANCE FY 2023-2024
TABLE OF CONTENTS
Message From the Assistant Administrator of Water: Radhika Fox ............................................................. 1
SECTION I: Introduction ................................................................................................................................ 2
Implementation of EPA’s FY 2022-2026 Strategic Plan ............................................................................ 2
Federal Civil Rights Responsibilities, Including Title VI of the Civil Rights Act of 1964 ............................. 3
SECTION II: Priority Areas ............................................................................................................................. 5
Addressing and Mitigating the Effects of Climate Change ....................................................................... 7
Investing in Water Infrastructure ............................................................................................................. 9
Monitoring and Remediating Per- and Polyfluoroalkyl Substances ....................................................... 13
Protecting and Restoring Waterbodies and Watersheds ....................................................................... 14
SECTION III: Strengthening the Nation-to-Nation Relationship with Tribes ............................................... 19
SECTION IV: Grant and Loan Guidance ....................................................................................................... 21
Beach Monitoring and Notification Grants ............................................................................................. 21
Public Water System Supervision Grant Guidance ................................................................................. 21
Drinking Water State Revolving Fund Guidance ..................................................................................... 23
Emerging Contaminants in Small and Disadvantaged Communities Guidance ...................................... 24
Underground Injection Control Grant Guidance .................................................................................... 25
Clean Water State Revolving Fund Guidance ......................................................................................... 26
Water Infrastructure Finance and Innovation Act Guidance .................................................................. 27
Clean Water Act Section 106 Grant Guidance ........................................................................................ 28
Clean Water Act Section 319 Grant Guidance ........................................................................................ 29
Wetland Program Development Grants ................................................................................................. 29
SECTION V: FY 2023 National Water Program Measures ........................................................................... 31
SECTION VI: Key Contacts ........................................................................................................................... 34
APPENDIX .................................................................................................................................................... 35
List of Acronyms ...................................................................................................................................... 35
Message From the Assistant Administrator of

Water: Radhika Fox
As the Office of Water looks forward to celebrating the 50th
Anniversary of the Clean Water Act in 2022, we are mindful of both
our progress and how much further we need to go as a nation in
ensuring every community in the United States has access to clean
and safe water. It will take all of us to meet this goal. The Biden-
Harris Administration has made several bold commitments that will
help us achieve this goal. The Bipartisan Infrastructure Law’s 1
investment in the water sector is nothing short of transformational. It
includes $50 billion to the Environmental Protection Agency (EPA) to
strengthen the nation’s drinking water, stormwater, and wastewater
systems—the single largest investment in water that the federal
government has ever made. Through the Bipartisan Infrastructure Law, we can improve public health
and environmental protection, while creating jobs and setting the stage for long-term economic
development. In addition to the opportunities created by the Bipartisan Infrastructure Law, the Fiscal
Year (FY) 2023 President’s Budget will advance the Office of Water’s ambitious goals outlined in the FY
2022-2026 EPA Strategic Plan. The over $5.8 billion requested will help ensure and expand clean and
safe water throughout the nation.
For FY 2023-2024, the Office of Water will focus our attention and resources on the following priorities:
addressing and mitigating the effects of climate change; investing in water infrastructure; and
accelerating progress to tackle lead and per- and polyfluoroalkyl substances (PFAS). We also will look to
deepen our partnerships and scale our work to protect and restore our nations waterbodies and
watersheds. The Office of Water will seek to advance equity and environmental justice in all activities
while building trust with our partners by following the science, the law, and maximizing transparency in
our actions. The Office of Water will bring leadership to these issues through its convening power,
targeting existing funding streams, and providing technical assistance and support.
The National Water Program will look to partner with Tribes, states, territories, as-well-as public and
private organizations. Only by working with our partners can we achieve the office’s ambitious agenda. I
am honored and humbled to be the Assistant Administrator for the Office of Water. This is water’s
moment.
1
Also referred to as Infrastructure Investment and Jobs Act of 2021 (P.L. 117-58).
1
SECTION I: Introduction
The National Water Program Guidance (NWPG) describes how the EPA, Tribes, states, territories, and
non-governmental partners will work together to protect and improve the quality of the nation’s waters.
For FY 2023-2024, the Office of Water will build on work already begun under President Biden’s
Executive Orders (E.O.s) 13985: Advancing Racial Equity and Support for Underserved Communities
Through the Federal Government and 14008: Tackling the Climate Crisis at Home and Abroad. 2 In
addition, the FY 2023-2024 NWPG outlines support for the priorities reflected in the Agency’s FY 2022-
2026 Strategic Plan.
When developing the guidance, the Office of Water engaged in early outreach with Tribes and state
groups to help identify the most important environmental and human health priority areas for FY 2023-
2024. These discussions took place during a series of conference calls and through written
correspondence at the national level. The Office of Water carefully reviewed and considered the Tribal
and state group comments from these outreach efforts before drafting the guidance.
The “EPA Overview to the National Program Guidance” 3 communicates important background and
Agency-wide information and should be read in conjunction with this guidance.
Implementation of EPA’s FY 2022-2026 Strategic Plan

EPA’s FY 2022-2026 Strategic Plan 4 communicates the Agency’s priorities and provides the roadmap for
achieving its mission to protect human health and the environment. The Strategic Plan outlines cross-
cutting priorities, long-term performance goals, and agency-priority goals. The Office of Water’s NWPG
focuses on the goals and metrics included in Goal 5: Ensure Clean and Safe Water for All Communities,
along with the Office of Water/Office of Land and Emergency Management cross-program Agency
Priority Goal and will implement the four cross-agency strategies. The NWPG embeds climate and
environmental justice into our work and reflects all three elements of the Strategic Plan. Below is a
summary of the key elements of the strategic plan.
Cross-Cutting Strategies:
• Reinforcing science as the central tenet of Agency decision-making.

• Protecting children’s environmental health.
• Building back EPA’s workforce with particular attention to equity and enhancing mission-support
functions to achieve organizational excellence.
• Renewing our commitment to the federal trust responsibility to Tribal nations.
• Renewing our engagement with Tribal, state, territorial and local government partners,
stakeholders, the regulated community, and the public.
2
E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government, January 20, 2021. Available at: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities-through-
the-federal-government/.
E.O. 14008: Tackling the Climate Crisis at Home and Abroad, January 27, 2021. Available at:
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-
climate-crisis-at-home-and-abroad/.
3
To lean more, visit: https://www.epa.gov/planandbudget/national-program-guidances.
4
To read EPA’s FY 2022-2026 Strategic Plan, visit: https://www.epa.gov/planandbudget/strategicplan.
2
Long-Term Performance Goals:

• By September 30, 2026, reduce the number of community water systems still in noncompliance
with health-based standards since March 31, 2021, from 752 to 500. 5
• By September 30, 2026, reduce the number of community water systems in Indian country still
in noncompliance with health-based standards since March 31, 2021, from 110 to 70.
• By September 30, 2026, leverage an additional $45 billion in non-federal dollars through EPA’s
water infrastructure finance programs (Clean Water State Revolving Fund [CWSRF], Drinking
Water State Revolving Fund [DWSRF], and Water Infrastructure Finance and Innovation Act
[WIFIA]).
• By September 30, 2026, in coordination with other federal agencies, provide access to basic
sanitation for an additional 36,500 American Indian and Alaska Native homes.
• By September 30, 2026, provide 2,203 Tribal, small, rural, or underserved communities with
technical, managerial, or financial assistance to improve operations of their drinking water or
wastewater systems.
• 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. 6
FY 2022-2023 Agency Priority Goal
• Clean up contaminated sites and invest in water infrastructure to enhance the livability and
economic vitality of overburdened and underserved communities. By September 30, 2023, EPA
will provide technical assistance to at least 10 communities to help achieve clean and safe water
and reduced exposures to hazardous substances.
This is a cross-media Agency Priority Goal. EPA will take a community-centered approach using its
overlapping authorities in tandem to assist communities in addressing their priority cleanup and water
pollution and infrastructure needs. EPA plans to leverage multiple programs, legal authorities, and
funding sources, and apply them in a way that gives control over the planning decisions and investment
resources to communities.
Federal Civil Rights Responsibilities, Including Title VI of the Civil Rights Act of
1964
In 1994, Executive Order 12898 7 was issued to direct Federal agencies to incorporate achieving
environmental justice into their mission. The Presidential Memorandum 8 accompanying that Executive
Order required in part, that consistent with Title VI, each Federal agency “...ensure that all programs or
5
This baseline is a subset of the 3,508 systems that have been in long-term noncompliance since September 30,
2017.
6
The FY 2022-2026 EPA Strategic Plan included a draft baseline: July 7, 2021, baseline of 425,198 square miles of
watershed area with surface water that are meeting standards. As of July 2022, the final baseline is 504,605 square
miles of watersheds with surface waters not meeting standards.
7
E.O. 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994. Available at: https://www.archives.gov/files/federal-
register/executive-orders/pdf/12898.pdf.
8
Presidential Memorandum on E.O. for Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations (pdf). Available at: https://www.epa.gov/sites/default/files/2015-
02/documents/clinton_memo_12898.pdf.
3
activities receiving Federal financial assistance that affect human health or the environment do not
directly, or through contractual or other arrangements, use criteria, methods, or practices that
discriminate on the basis of race, color, or national origin.” 9
EPA has a responsibility to ensure that recipients and subrecipients of federal financial assistance from
EPA – including states, municipalities, and other public and private entities – comply with federal civil
rights laws that prohibit discrimination on the basis of race, color, national origin (including limited
English proficiency), disability, sex, and age, including Title VI of the Civil Rights Act of 1964. 10
EPA’s implementing regulation generally prohibits discrimination in any programs, activities and services
receiving federal financial assistance. 11 In addition, EPA’s implementing regulations at 40 Code of
Federal Regulations Section 7.35 states that programs or activities receiving EPA assistance “shall not
directly or through contractual, licensing, or other arrangements on the basis of race, color, or national
origin…”:
• Subject a person to segregation or separate treatment.

• Deny a person or group the opportunity to participate as members of any planning or advisory
body.
• Restrict a person in any way in the enjoyment of any advantage or privilege enjoyed by others
receiving any service, aid, or benefit provided by the program.
• Use criteria or methods of administration “which have the effect of subjecting individuals to
discrimination.”
• Choose a site or location of a facility with “the purpose or effect of excluding individuals from,
denying them the benefits of, or subjecting them to discrimination,” among other things.
EPA’s nondiscrimination regulations at 40 Code of Federal Regulations Parts 5 and 7 also contain
longstanding procedural requirements applicable to applicants for and recipients (including sub-
recipients) of EPA financial assistance. 12 These requirements include having a notice of
nondiscrimination, nondiscrimination coordinator, grievance procedures, a process for collecting and
maintaining nondiscrimination compliance information, and pursuant to Title VI and the Rehabilitation
Act of 1973, to developing policies and/or procedures for ensuring meaningful access to programs and
activities for individuals with limited-English proficiency and individuals with disabilities. In addition,
recipients’ public participation processes must also be implemented consistent with the federal civil
rights laws. 13
9
Id.
10
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000(d) et seq. (Title VI); Section 504 of the Rehabilitation Act
of 1973, as amended, 29 U.S.C., 29 U.S.C. § 794, Title IX of the Education Amendments of 1972, as amended, 20
U.S.C. §§ 1681 et seq.; Age Discrimination Act of 1975, 42 U.S.C. §§ 6101 et seq.; Federal Water Pollution Control
Act Amendments of 1972, Pub. L. 92 500 § 13, 86 Stat. 903 (codified as amended at 33 U.S.C. § 1251 (1972)); 40
C.F.R. Parts 5 and 7.
11
See 40 Code of Federal Regulations (C.F.R.) Section 7.30.
12
EPA’s nondiscrimination regulation at 40 C.F.R. Parts 5 and 7 requires recipients to establish and implement
their own nondiscrimination programs. See 40 C.F.R. §§ 7.80-7.100.
13
See Title VI, 42 U.S.C. 2000(d) et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794;
Lau v. Nichols, 414 U.S. 563, 568-69 (1974) (finding that the government properly required language services to be
provided under a recipient’s Title VI obligations not to discriminate based on national origin); 40 C.F.R. § 7.35(a).
See also U.S. EPA, Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons. 69 FR 35602, June
25, 2004. Available at: https://www.federalregister.gov/documents/2004/06/25/04-14464/guidance-to-
4
EPA intends to carefully evaluate the implementation of EPA financial assistance programs for
compliance with civil rights laws by recipients of EPA funding to ensure that no community is
excluded from receiving or denied benefit of funding based on race, color, national origin (including
limited English proficiency), age, disability, or sex.
For more information about the federal civil rights laws enforced by EPA, including Title VI, please visit:
https://www.epa.gov/ocr/title-vi-laws-and-regulations and https://www.epa.gov/ogc/external-civil-
rights-compliance-office-title-vi.
SECTION II: Priority Areas

The work EPA does every day to advance equity, address the climate crisis, and protect public health has
never been more urgent or more critical. Communities need assistance more than ever to improve
drinking water, wastewater, and stormwater infrastructure, and to protect and restore water quality
and ecosystems health. Achieving these objectives will require a multi-faceted approach and complex
actions by a variety of entities. Our primary goal is to assist communities, particularly those that are
underserved, in addressing their water challenges and achieving their water quality goals.
To help communities achieve their goals, the Offices of Water will focus our attention and resources on
the following four priorities areas for FY 2023-2024.
• Addressing and Mitigating the Effects of Climate Change.

• Investing in Water Infrastructure.
• Monitoring and Remediating PFAS.
• Protecting and Restoring Waterbodies and Watersheds.
The Office of Water will also work to incorporate four cross cutting themes aligned with the
Administration’s commitment to follow the science, follow the law, be transparent, and advance justice
and equity. These cross-cutting themes explained in detail below, will be integrated within every aspect
of our work.
Equity and Affordability - Embed equity and environmental justice in all Office of Water activities.
Not everyone experiences water quality equally. The nation’s health and wellbeing are dependent on
equitable access to drinking water, wastewater, and water quality planning, but thousands of
communities nationwide are burdened by aging systems that threaten public health. In addition, there
are communities that have never had adequate water service and infrastructure. Pollution and climate
change exacerbate the impacts of the lack of modern infrastructure and contribute to health disparities
in these communities.
environmental-protection-agency-financial-assistance-recipients-regarding-title-vi; U.S. EPA, Title VI Public

Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs, 71 FR
14207, March 21, 2006. Available at: https://www.epa.gov/sites/default/files/2020-
02/documents/title_vi_public_involvement_guidance_for_epa_recipients_2006.03.21.pdf); U.S. EPA, Procedural
Safeguards Checklist for Recipients. Available at: https://www.epa.gov/sites/production/files/2020-
02/documents/procedural_safeguards_checklist_for_recipients_2020.01.pdf (rev. Jan. 2020) (which provides a
more detailed explanation of nondiscrimination obligations and best practices); U.S. EPA, Disability
Nondiscrimination Plan Sample, at https://www.epa.gov/sites/production/files/2020-
02/documents/disability_nondiscrimination_plan_sample_for_recipients_2020.01.pdf. (2017).
5
EPA can play an essential role in addressing these issues and closing the health disparity gap. The Office
of Water will work closely with its partners to help identify opportunities to improve water
infrastructure, address water quality and drinking water challenges, and help communities access their
fair share of Bipartisan Infrastructure Law resources. EPA is committed to prioritizing equity,
environmental justice, and the lived experience of those most impacted by water pollution and will work
to ensure all communities in America have access to safe drinking water and effective wastewater
management. The Office of Water will work to make its efforts to develop solutions to water challenges
a more inclusive and community-driven process.
Regulatory Actions - Provide certainty, follow the science, the law, and maximize transparency in
our actions.
EPA will ensure that science is respected, elevated, and prioritized in all decisions. Furthermore, equity
will be a central consideration in EPA regulatory development. The Agency will continue to improve the
effectiveness and efficiency of regulatory programs by conducting meaningful engagement, fostering
public participation, and working to advance equity, civil rights, and racial justice across the nation. The
Office of Water is committed to making enduring progress on rules, fostering greater trust among the
regulated community, the public, and co-regulators, and achieving our shared mission of protecting
public health and the environment.
Partnerships - Partner and have transparent, respectful dialogues with public and private sector
partners at the federal, Tribal, state, and community levels.
EPA is committed to strengthening collaborative problem-solving among federal agencies, Tribal, state,
territorial and local governments, communities, and nongovernmental partners. EPA has demonstrated
that collaboration with partners can deliver multiple benefits to achieve common goals. EPA will
continue to foster partnerships to protect sources of drinking water and overall water quality.
• Fostering Tribal, State, Territory, and Community Partnerships: Environmental and human
health protection is a shared responsibility of Tribes, states, territories, communities, and the
Federal Government. Due to these unique relationships, 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. With a renewed focus on climate,
environmental justice, and children’s health, the Office of Water will emphasize frequent and
early communication as a keystone of its partnership with Tribal, state, and territorial co-
regulators, whose concerns and existing regulatory programs must be thoughtfully considered
to develop effective and lasting policies along with non-regulatory solutions to our most
pressing environmental challenges. For more information on tribal specific engagement, please
see Section III: Strengthening the Nation-to-Nation Relationship with Tribes.
• Improving On-the-Ground Community Engagement: Meeting communities “where they are,” to

better understand the lived reality of people and the health and environmental challenges they
face, is fundamental to developing effective programs and policies. EPA will meet regularly with
stakeholder groups to seek perspectives on Administration priorities and engage early with
relevant stakeholder groups on upcoming regulatory actions. EPA also will focus on
opportunities like site visits, forums, and convenings to cultivate relationships and stay attuned
to the needs and concerns of diverse groups, private sector partners, and others impacted by
the Agency. EPA will utilize its geographically based water partnership programs to nurture and
expand community engagement using well-established and effective collaboration models.
6
• Enhancing Private Sector Engagement: EPA is committed to working with the business
community to advance environmental progress through both its regulatory programs and its
wide array of voluntary programs and non-regulatory initiatives.
Office of Water’s Strategy for Implementing the Bipartisan Infrastructure Law
The Office of Water will make significant investments in the health, equity, and resilience of American
communities. The Bipartisan Infrastructure Law delivers more than $50 billion to EPA to improve our
nation’s drinking water, wastewater, and stormwater infrastructure. It is a meaningful down payment
on closing America’s water infrastructure gap. EPA will work with states to ensure that communities get
their fair share of this federal water infrastructure investment. Our primary goal is to assist underserved
communities in accessing these funds to improve their infrastructure, while working collaboratively to
make progress towards Justice40 14, which aims to ensure that federal agencies deliver at least 40
percent of benefits from certain investments to disadvantaged communities. The Bipartisan
Infrastructure Law investments in geographic and place-based programs also means communities will be
able to better protect national water treasures and ensure they continue to serve as vital economic and
recreational assets. We are working towards providing technical assistance, collaborating with partners,
and setting up a structure that can be scaled up and continued even after the Bipartisan Infrastructure
Law funds are expended. This funding will put Americans to work in good-paying jobs, support a thriving
economy, and increase climate resilience throughout the country.
Addressing and Mitigating the Effects of Climate Change

Make Water a Solution to the Climate Crisis
The impacts of climate change are being felt in communities across the nation, causing real and
significant challenges to the social, economic, and environmental systems we rely upon. Climate stress is
often experienced as water stress through drought, flooding, and sea level rise, as well as more frequent
extreme storms that increase the amount of polluted runoff entering our waterways and challenge the
operational and infrastructure resilience of water utilities. Overburdened and underserved
communities and individuals are particularly vulnerable to these impacts. 15 Likewise, climate change has
direct and cascading effects on water resources that vary across regions and watersheds, presenting a
wide range of risks to natural and human systems. Climate change acts as a threat multiplier,
exacerbating existing stressors that degrade the quality of our waterways and destabilizing critical water
infrastructure we all rely upon.
EPA will take bold steps and align its actions to respond decisively to the climate crisis. The Office of
Water will work closely with our water community to drive solutions to the climate crisis, ensuring that
our partners play a key role in protecting our coasts, waterways, and water infrastructure. Our approach
will utilize placed-based partnerships and geographic programs to accelerate climate adaptation and
resiliency measures in cities and coastal regions. EPA will also leverage the assistance programs and
services provided by initiatives like Creating Resilient Water Utilities and Climate Ready Estuaries to
empower communities to identify and assess the challenges climate change poses to their water
resources and services. The Office of Water’s goal is to support community climate resilience by
14
For more information on Justice40, visit: https://www.whitehouse.gov/omb/briefing-room/2021/07/20/the-
path-to-achieving-justice40/.
15
EPA. 2021. Climate Change and Social Vulnerability in the United States: A Focus on Six Impacts. U.S.
Environmental Protection Agency, EPA 430-R-21-003.
7
investing federal resources in a way that prioritizes those who are hit first and worst by the climate
challenge.
Climate change also creates new challenges to achieving the Office of Water’s mission to protect,
maintain, and restore the integrity of our nation’s waters. Achieving water management goals has
become more challenging and complex as climate change shifts hydrological patterns outside of historic
norms. Climate change can impact water programs in a variety of ways from the development of water
quality standards that protect our waterways, to the treatment of drinking water that comes out of the
tap. The quantity and diversity of these impacts underscore the importance of climate adaptation and
mitigation to the Office of Water’s mission, so that drinking water remains safe and aquatic ecosystems
continue to provide the many services they confer to our communities.
Developing the Office of Water’s Climate Adaptation Implementation Plan
President Biden’s Executive Order 14008, Tackling the Climate Crisis at Home and Abroad 16, required
federal agencies to develop Climate Action Plans that describe their Agency’s climate vulnerabilities and
the steps it will take to bolster adaptation and increase resilience to the impacts of climate change.
Released in October of 2021, EPA’s 2021 Climate Adaptation Action Plan 17 focused the Agency’s
attention on five priority actions it will implement to fulfill EPA’s mission and increase human and
ecosystem resilience as the climate changes, with a primary focus on advancing environmental justice.
As part of the plan, Administrator Regan established a new policy on climate change adaptation and
directed all EPA offices to update their 2014 Implementation Plans to proactively incorporate climate
adaptation throughout all programs, policies, rules, and operations, while working to reduce
greenhouse-gas emissions. The Office of Water and other EPA offices will track their progress and, along
with applicable recipients of assistance agreements, support the Agency’s long-term performance goals
for climate adaptation.
The Office of Water’s Implementation Plan will outline several priority actions to help the Office of
Water integrate climate change into the daily fabric of our work. The priority actions will also support
the Agency-wide priorities identified in EPA’s Plan and the government-wide approach established by
Executive Order 14008. These actions will fall under three main goals:
• Goal 1: Improve the Climate Resilience of America’s Water Infrastructure. As climate change
threatens essential drinking water, wastewater, and stormwater infrastructure, the Office of
Water will take steps to enhance the resilience of critical infrastructure.
• Goal 2: Protect America’s Waters from a Changing Climate. To meet water quality and
ecosystem health challenges caused or exacerbated by climate change, the Office of Water must
advance climate-informed management strategies for water resources that incorporate the best
available climate science.
• Goal 3: Advance the Adaptive Capacity and Knowledge of all Water Community Partners. The
Office of Water must work internally and with partners to incorporate the latest data, science,
and information into trainings, decision-support tools, and other resources that support the
16
To read the E.O. on Tackling the Climate Crisis at Home and Abroad, visit: https://www.whitehouse.gov/briefing-
room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
17
To read EPA’s Climate Adaptation Action Plan, visit: https://www.epa.gov/system/files/documents/2021-
09/epa-climate-adaptation-plan-pdf-version.pdf.
8
priorities identified in this plan and help national and community partners make informed
choices around the climate risks and impacts confronting them.
In addition to the priority actions identified in the plan, the Office of Water will pursue additional
adaptation and mitigation actions that support EPA’s and the federal government’s collective response
to climate change. As an example, water reuse can provide a new and more climate-resilient source of
potable and/or non-potable water to supplement existing supplies and reduce demand for freshwater
withdrawals; 18 the WaterSense 19program supports climate mitigation by reducing the energy associated
with providing water to end users; and implementation of programs that support Geologic
Sequestration in onshore and some offshore environments. The Office of Water will closely coordinate
internally across our programs, as well as with EPA’s regional, geographic, and other National Program
Managers program offices, to align climate change initiatives more effectively across EPA. Under a
whole-of-government approach, the Office of Water will work with other federal agencies on climate
change adaptation and mitigation efforts that cut across organizations to improve the efficiency and
effectiveness of this combined federal effort. Together, we will deliver workable solutions that address
the climate crisis, protect water quality, and provide equitable environmental outcomes in communities
across the country.
Investing in Water Infrastructure

Providing Affordable and Flexible Financing to All Communities
Investing in water creates good-paying short-term jobs and lays the foundation for future economic
vitality in our communities. Historically, the United States has drastically underinvested in critical water
infrastructure, only meeting 37 percent of the nation’s total water infrastructure capital needs in 2019. 20
Given the challenges facing the water sector and the nation, EPA will push to increase water
infrastructure investments.
EPA has historically funded water infrastructure through the State Revolving Fund (SRF) programs. In
2014, the WIFIA program was created to help communities in new ways by providing low interest loans
with long and flexible repayment options. EPA also has relatively new grant programs that target specific
infrastructure needs. The Water Infrastructure Improvements for the Nation Act (WIIN) grants aid
underserved communities and schools. Water Infrastructure Improvements for the Nation Act and
America’s Water Infrastructure Act of 2018 strengthened many existing programs within EPA while
creating new programs to tackle significant public health concerns and environmental needs.
The Office of Water will follow these objectives:
• Target resources to underserved communities: Low-income, smaller, and rural communities are
disproportionately impacted by water related challenges. The Office of Water, in line with the
Administration’s Justice40 and environmental justice commitments, will creatively leverage its
18
For more information on the Water Reuse Action Plan, visit: https://www.epa.gov/waterreuse/water-reuse-
action-plan.
19
For more information on the WaterSense Program, visit: https://www.epa.gov/watersense.
20
ASCE and U.S. Water Alliance, The Economic Benefits of Investing in Water Infrastructure, 2020. Available at:
http://www.uswateralliance.org/sites/uswateralliance.org/files/publications/The%20Economic%20Benefits%20of
%20Investing%20in%20Water%20Infrastructure_final.pdf.
9
resources and influence to help overcome historic hurdles these communities often face in
accessing water infrastructure funding.
• Advance climate resilience: The Office of Water will develop strategies to encourage that funds
be used for climate mitigation, adaptation, coastal and drought resilience, nature-based
infrastructure, water conservation and reuse, ecosystem preservation and restoration, and
similar activities.
• Building an inclusive water workforce: To rebuild the middle class and provide economic
opportunity for all, the Office of Water will invest in strategies that bring under-represented
communities into the water workforce, train them for the water economy of the future, and
promote family-supporting jobs and high-road labor practices.
The Bipartisan Infrastructure Law provides significant additional investments to traditional purposes
under the CWSRF and DWSRF ($11.7 billion each). In addition, the DWSRF was provided $15 billion for
lead service line replacement and $4 billion to address PFAS and emerging contaminants. The CWSRF
was provided $1 billion for remediation of PFAS and emerging contaminants. A significant portion of the
funds will be available to communities as loans with principal forgiveness or grants to eligible recipients.
Technical Assistance: Helping communities find infrastructure funding opportunities.
Many small and overburdened or underserved communities are unaware of funding opportunities, or
lack the capacity to develop competitive funding applications, and therefore simply have not applied for
SRF loans in the past. To help ensure that low-income, underserved, small, and rural communities can
better access the funding, the Office of Water will work with a range of technical experts and trusted
stakeholders to:
• Connect recipient communities and state SRF programs through EPA and its partners with
available guidance and technical assistance to promote capacity building.
• Leverage frameworks that support both the communities and state SRF programs, such as a
funding exchange model. The intent of the framework is to move much of the burden of the
funding process to an entity able to successfully assist the communities through the funding
process, and the funding Agency can have a pipeline of fundable projects.
• Leverage existing trust-based working relationships with hundreds of communities nationwide

through place-based water partnership programs (e.g., geographic programs, National Estuary
Program, Urban Waters Federal Partnership) which already serve as facilitators and catalysts for
underserved communities to learn, engage, and successfully access major funding sources like
SRF and WIFIA.
• Building an engagement, education, and communications plan that leverages on-the-ground

communication and multilingual outreach.
• Engage our state 21 partners who direct benefits and are critical to ensuring overburdened or
underserved communities are included and receive SRF benefits. EPA intends to carefully
evaluate the implementation of SRF funding under the BIL to ensure compliance with civil rights
21
“State” refers to states, territories, and Tribes.
10
laws. EPA will provide interested states with technical assistance and training to support their
compliance with Title VI obligations.
• Seek administrative resources for direct engagement activities with partners and communities.
• Provide technical assistance providers, such as the Environmental Finance Centers, and state
SRFs with facility-specific socio-economic, compliance, and environmental justice data on small,
rural, and Tribal lagoon systems from existing datasets (e.g., the Office of Water’s Lagoon
Inventory dataset, EPA’s Office of Enforcement and Compliance Assurance datasets, etc.) to
target assistance to these communities and increase the number of communities that
successfully apply for funding.
Lead Service Line Replacement: Reduce exposure to lead in water and removing lead sources
from homes and schools.
EPA and the Centers for Disease Control and Prevention agree that there is no known safe level of lead
in a child's blood. Taking action to reduce these exposures can improve outcomes. Lead can enter
drinking water when plumbing materials that contain lead corrode, especially where the water has high
acidity or low mineral content that corrodes pipes and fixtures. The most common sources of lead in
drinking water are lead pipes, faucets, and fixtures. Homes built before 1986 are more likely to have
lead pipes that connect the home to the water main, also known as lead services lines. These pipes are
typically the most significant source of lead in the water. Among homes without lead service lines, the
most common problem is with brass or chrome-plated brass faucets and plumbing with lead solder. To
address corrosion of lead and copper into drinking water, EPA is offering the following support:
• Lead and Copper Rule Revisions: In 2021, EPA completed the review of the Lead and Copper
Rule Revisions under Executive Order 13990 and announced the development of a new
regulation, Lead and Copper Rule Improvements, to better protect communities from exposure
to lead in drinking water. EPA intends to propose requirements that, along with other actions,
would result in the replacement of all lead service lines as quickly as is feasible. EPA also intends
to consider opportunities to strengthen tap sampling requirements and explore options to
reduce the complexity and confusion associated with the action level and trigger level, with a
focus on reducing health risks in more communities. The goal of these potential lead service line
replacement regulatory improvements—coupled with non-regulatory actions—is to more
equitably protect public health.
• Funding that Supports Lead Service Line Replacement: There are still six to ten million lead
services lines in cities and towns across the country, many of which are in overburdened and
vulnerable communities. Addressing lead in drinking water and removing lead service lines is
one of EPA’s top priorities. Administrator Regan is calling for a bold and comprehensive vision
for reducing lead exposure, largely, though not solely, through infrastructure loan and grant
programs. For example, the DWSRF already permits full lead service line replacement and
authorized under WIIN, the Lead Testing in School and Child Care Program Drinking Water Grant
creates a voluntary program to assist with testing for lead in drinking water at schools and
childcare programs. The Bipartisan Infrastructure Law expanded the authority of the Lead
Testing in School and Childcare Program Drinking Water Grant to include remediation and
replacement, directly prioritizing the impact of lead exposure to the nation’s most vulnerable
population. The Bipartisan Infrastructure Law also provides $15 billion for lead service line
11
replacement projects and the associated activities connected to identification, planning, design,
and replacement of lead service lines.
• Protecting Vulnerable Populations by Providing Resources to Schools and Childcare Facilities:

Children living in poverty, particularly from underserved and vulnerable communities are
disproportionately at risk of health impacts from exposure to lead in drinking water. EPA chairs a
multi-stakeholder, Federal partnership workgroup which provides resources and assistance to
test, remove, or remediate lead in schools and childcare facilities. This interagency workgroup
works together to provide information on health concerns associated with lead in drinking water
and helps develop lead testing programs using EPA's 3Ts (Training, Testing, and Taking Action).
The workgroup also helps connect schools and childcare facilities that find lead in their drinking
water with funding resources for remediation, such as USDA’s Community Facilities Grant
Programs.
Water Workforce: Help recruit, train, and retain the next generation water workforce.
Each day communities and businesses depend on America’s water infrastructure for daily routines that
can range from drinking a glass of water to irrigating the crops that support our food supply. Behind
each of these daily routines are the hundreds of thousands of skilled workers that comprise America’s
Water Sector Workforce. These “water protection specialists” provide our communities with vital water
services that protect public health and the environment while driving our nation’s economy.
Currently, water utilities face challenges in recruiting, training, and retaining employees. As the
treatment approaches and technologies that are used in the water sector become more advanced (e.g.,
state-of-the-art water reuse technologies), there is a growing need to train and employ water protection
specialists with specialized technical skills. This is a real concern for communities around the country,
and the gap in a skilled and ready water workforce presents significant operational risks to these
drinking and wastewater utilities. 22 The loss of these workers has been accelerated because of the
COVID-19 pandemic.
EPA’s existing Water Sector Workforce Initiative set a foundation for many partners to collaborate and
take a wide range of actions to help address the critical need to ensure a trained and diverse water
workforce to meet the challenges of the 21st century. The water workforce lacks diversity, and many
people of color, low-income, and Indigenous communities have been left out of important, rewarding,
and family-supporting careers across the sector. Most jobs in this sector do not require college degrees,
and apprenticeship and training programs can prepare people to have high-paying, meaningful
professions that support the water sector and economic development in their communities. One of the
objectives with Bipartisan Infrastructure Law is to invest in strategies that affords opportunities for
individuals from under-represented communities to become part of the water workforce, train them for
the water economy of the future, and promote family-supporting jobs and high-road labor practices.
The Office of Water will also collaborate with the job-oriented federal partners of the Urban Waters
Federal Partnership (e.g., AmeriCorps, utilities, NGO partners) to expand innovative workforce
development initiatives in Urban Waters partnership locations and through nationwide communities of
practice.
22
For more information on the skill gap in the water workforce sector please read EPA’s American Water Sector
Workforce Initiative document, visit: https://www.epa.gov/sites/default/files/2020-
11/documents/americas_water_sector_workforce_initative_final.pdf
12
Cybersecurity: Assist water and wastewater utilities to prepare, identify, respond, and recover
from cyber-attacks.
The frequency and potential severity of cyber-attacks against critical water infrastructure continues to
grow. Many critical infrastructure facilities have experienced cybersecurity incidents that led to the
disruption of a business process or critical operation. Cyber-attacks on water or wastewater utility
business enterprise or process control systems can cause significant harm, such as:
• Upset treatment and conveyance processes by opening and closing valves, overriding alarms, or
disabling pumps or other equipment.
• Deface the utility’s website or compromise the email system.
• Steal customers’ personal data or credit card information from the utility’s billing system.
• Install malicious programs like ransomware, which can disable business enterprise or process
control operations.
These attacks can compromise the ability of water and wastewater utilities to provide clean and safe
water to customers, erode customer confidence, and result in financial and legal liabilities.
Many water and wastewater utilities, particularly small systems, lack the resources for information
technology and security specialists to assist them with starting a cybersecurity program. Utility
personnel may believe that cyber-attacks do not present a risk to their systems or feel that they lack the
technical capability to improve their cybersecurity.
EPA will ensure that the water sector is aware of threats posed by cyber-attacks and provide resources
and assistance to states and systems, so they understand how to prepare for, identify, respond to, and
recover from cyber-attacks.
Monitoring and Remediating Per- and Polyfluoroalkyl Substances

Taking Concrete Actions to Tackle Per- and Polyfluoroalkyl Substances
Remediating PFAS is an urgent public health and environmental issue facing communities across the
United States. PFAS have been manufactured and used in a variety of industries in the United States and
around the globe since the 1940s, and they are still being used today. Because of the duration and
breadth of use, PFAS can be found in surface water, groundwater, soil, and air—from remote rural areas
to densely-populated urban centers. A growing body of scientific evidence shows that exposure at
certain levels to specific PFAS can adversely impact human health and other living things. Research is
also underway to better understand the health effects associated with low levels of exposure to PFAS
over long periods of time, especially in children. Children may be more sensitive to the harmful effects
of PFAS and can be exposed more than adults.
Federal, Tribal, state, territorial, and local governments need to exercise increased and sustained
leadership to accelerate progress to clean up PFAS contamination, prevent new contamination, and
make game-changing breakthroughs in the scientific understanding of PFAS. The EPA Council on PFAS
developed a strategic roadmap 23 to lay out EPA’s whole-of-agency approach to addressing PFAS. To
deliver needed protections for the American people, the Roadmap sets timelines by which the Agency
plans to take specific actions during the first term of the Biden-Harris Administration. The strategic
roadmap builds on and accelerates implementation of policy actions identified in the Agency’s 2019
23
To read EPA’s PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, visit:
https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf.
13
Action Plan 24 and commits to bolder new policies to safeguard public health, protect the environment,
and hold polluters accountable.
Many known and potential sources of PFAS contamination (including military bases, airports, industrial
facilities, and waste management and disposal sites) are located near people of color, low-income, and
Indigenous communities. When taking action on PFAS, EPA will ensure that overburdened and
vulnerable communities have equitable access to solutions. The Office of Water intends to:
• Undertake nationwide monitoring for PFAS in drinking water.

• Establish a National Primary Drinking Water Regulation for Perfluorooctanoic acid (PFOA) and
Perfluorooctane sulfonic acid (PFOS).
• Publish a list of contaminants, including PFAS groups, that are currently not subject to any
proposed or promulgated national primary drinking water regulations, but are known or
anticipated to occur in public water systems.
• Restrict PFAS discharges from industrial sources through a multi-faceted Effluent Limitations
Guidelines program.
• Leverage National Pollutant Discharge Elimination System (NPDES) permitting to reduce PFAS
discharges to waterways.
• Publish a multi-laboratory validated analytical method for 40 PFAS and publish updates to PFAS
analytical methods to monitor drinking water.
• Publish final recommended ambient water quality criteria for PFAS, including aquatic life criteria
for PFOA and PFOS and human health criteria for PFAS when final toxicity assessments are
available.
• Monitor fish tissue for PFAS from the nation’s lakes and evaluate human biomarkers for PFAS.
• Finalize list of PFAS for use in fish advisory programs.
• Conduct a risk assessment for PFOA and PFOS in biosolids.
• Develop risk communication materials for specific PFAS actions and coordinate with co-
regulators and other stakeholders prior to release.
Both the CWSRF and DWSRF have funds eligible for 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.
Protecting and Restoring Waterbodies and Watersheds

Delivering Integrated and Diverse Solutions to Water Challenges
Pollution and degradation of lakes, rivers, streams, wetlands, and coastal and ocean waters endangers
aquatic ecosystems, threatens the safety of drinking water, compromises water quality planning and
flood protections, impacts commercial and recreation opportunities, and reduces the natural benefits
these resources provide to communities. The effects of pollution on ecosystems and communities are
made worse by the changing climate. EPA 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. EPA will work collaboratively with our partners and
stakeholders to establish innovative, location-appropriate programs to achieve the Agency’s goals,
24
To read EPA’s 2019 PFAS Action Plan, visit: https://www.epa.gov/sites/default/files/2019-
02/documents/pfas_action_plan_021319_508compliant_1.pdf.
14
including identifying and considering environmental justice and Title VI concerns where appropriate, and
delivering results for overburdened and vulnerable communities. Outlined below are some key actions
the Office of Water will be working on during FY 2023 – FY 2024.
Actions to Protect and Improve Water Quality
Revise Definition of Waters of the United States: In conformance with the President’s Executive Order
13990, 25 which directs federal agencies to review certain agency actions promulgated, issued, or
adopted under the previous administration, EPA and the Department of the Army have proposed to
revise the regulations defining “waters of the United States” that were in place until 2015, with updates
consistent with relevant Supreme Court decisions. The agencies also anticipate proposing a separate,
second rulemaking process that would build on this regulatory foundation with the benefit of additional
stakeholder engagement. This matters because the definition affects the extent to which the CWA
protects waters, including Section 303 (water quality standards, listing of impaired waters and total
maximum daily loads [TMDLs]), Section 311 (Oil Spill Programs), Section 401 (state/Tribal Certification),
Section 402 (Pollutant Discharge Permits), and Section 404 (Discharge of Dredged and/or Fill Material).
Thus, the goal of these rulemakings is to better protect our nation’s vital water resources that support
public health, afford environmental protection, support agricultural activity, foster economic growth,
and support thriving communities.
Reconsider and Revise the Clean Water Act Section 401 Certification Rule: In conformance with the
President’s Executive Order 13990, EPA reviewed the 2020 Certification Rule. Consequently, in May
2021, EPA announced that it would revise the 2020 Certification Rule and is proposing to revise the
longstanding regulations, promulgated in 1971. This matters because it provides the states and
authorized Tribes an important tool to help protect the water quality of federally regulated waters
within their borders.
Update the Clean Water Act Section 404(g) State and Tribal Dredged and Fill Program Regulations:
Section 404 of the Clean Water Act (CWA) requires a permit be issued prior to the discharge of dredged
or fill material into “waters of the United States.” CWA Section 404(g), allows states and Tribes the
option to assume administration of a Section 404 program for certain “waters of the United States.” In
response to state and Tribal requests for clarity, EPA is drafting a proposal to revise the 1988 regulations
which will address program requirements, implementation, enforcement, and EPA oversight. This
rulemaking is key to assisting states and Tribes interested in actively managing the discharge of dredged
and fill material into their aquatic resources consistent with the CWA.
Promulgation of Tribal Baseline Water Quality Standards Under the Clean Water Act: EPA is
developing a proposed rule to establish Tribal baseline water quality standards for waters on Tribal land
that do not have water quality standards in effect for CWA purposes. This rulemaking recognizes the
importance of Tribal waters and the need to better protect the water resources on which Tribes rely.
Over 80 percent of Tribal land currently does not have water quality standards in effect for CWA
purposes. Establishing baseline water quality standards would ensure human health and environmental
protection for these waters and would help support Tribes’ interests in protecting their water quality.
Revisions to the Federal Water Quality Standards Regulations to Protect Tribal Reserved Rights: EPA is
considering changes to the water quality standards regulations at 40 Code of Federal Regulations Part
25
To read E.O. 13990, visit: https://www.federalregister.gov/documents/2021/01/25/2021-01765/protecting-
public-health-and-the-environment-and-restoring-science-to-tackle-the-climate-crisis.
15
131 to explicitly and sustainably protect Tribal reserved rights (e.g., treaty rights) in state waters,
consistent with existing legal obligations. Many Tribes hold reserved rights to resources through treaties
and equivalent agreements with the United States government on lands and waters where states have
jurisdiction to establish water quality standards. The regulation changes being considered are intended
to help states and EPA protect aquatic and aquatic-dependent resources reserved to Tribes in treaties
and equivalent agreements when establishing, revising, and reviewing water quality standards.
Evaluate Water Quality Standards: Water quality standards are the foundation for a wide range of
programs under the CWA. They serve multiple purposes including establishing the water quality goals
for a specific waterbody, or portion thereof, and serve as a target for CWA restoration activities such as
TMDLs. EPA will establish priorities for states that will include updates to states standards, climate
change adaptation, and environmental justice. In addition, EPA will also update key Water Quality
Standards Handbook Chapters on Antidegradation, Designated Uses and Water Quality Standards
Variances to assist states, authorized Tribes, and territories in implementing their water quality
standards, including focus on climate adaptation.
Develop Ambient Water Quality Criteria: EPA will continue to develop new and updated national
recommended ambient water quality criteria for the protection of human health and aquatic life
pursuant to CWA Section 304(a). EPA will update existing water quality criteria to reflect the latest
science and develop new criteria for emerging contaminants and other priority chemicals to meet the
needs of Tribes and states. The Agency will place special emphasis on engaging with underserved
communities in the review and setting of state water quality standards. This work will help empower
these communities to secure adequate water quality standards for their local waters and to drive
attainment of those standards through technical assistance and stakeholder engagement.
CWA Section 303(d) Water Quality Assessment, Listing of Impaired Waters and TMDL Vision: The
303(d) Program State-EPA Vision, established in 2013, has been a successful model of State-EPA
cooperation. 26 The CWA Section 303(d) program is at a once-in-a-decade inflection point in setting
program direction, as EPA and states, territories and Tribes collaboratively develop a second-round
“Vision” for the next ten years of the program, to be in place by September 2022. Like the 2013 Vision,
the 2022 Vision will encourage strategic and innovative approaches for states, territories, and
authorized Tribes to implement the requirements of CWA Section 303(d) and best use their resources to
leverage partnerships and restore and protect water quality.
Protecting and Restoring Aquatic Resources, including Wetlands and Streams: EPA’s Wetlands program
will continue to provide technical and financial assistance to Tribal, state, and community partners to
protect and restore wetlands and other water resources in the United States. To enhance
implementation capabilities in the CWA Section 404 program as well as state and Tribal wetlands
programs, EPA is developing stream and wetland assessment methods, providing training to permit
application reviewers, designing technical tools for evaluation of compensatory mitigation, revising the
CWA Section 404 state and Tribal regulations, and providing other resources and support for adapting to
and mitigating the effects of climate change.
Advancing Ocean and Coastal Protection: Pollution from trash, maritime and land-based sources, sea
level rise and other effects of the changing climate, have left these ecosystems and our coastal
communities vulnerable to degraded water quality, hypoxic zones, habitat loss, and diminished fish,
26
To read more on the CWA Section 303(d) Vision, visit: https://www.epa.gov/tmdl/new-vision-implementing-
cwa-section-303d-impaired-waters-program-responsibilities.
16
shellfish, and coral population. Addressing these many challenges requires EPA to work closely with
other federal agencies, Tribal, state, territorial, and community partners. EPA’s national strategy for
improving the condition of coastal and ocean waters includes the following key elements:
• Prevent and control pollution from the ocean dumping of dredged material and other materials
in the ocean through EPA’s Marine Protection, Research and Sanctuaries Act (MPRSA)
permitting and site designation, management, and monitoring program, which implements
London Convention treaty requirements in the United States.
• Evaluate requests to designate new ocean disposal sites or expand the capacity of existing sites
under MPRSA to address the increased amount of dredged material from infrastructure
projects.
• Develop strategies to regulate sub-seabed sequestration of carbon dioxide and marine

geoengineering (e.g., ocean-based carbon dioxide removal and solar radiation management).
• Develop strategies to protect and restore the quality of coastal and marine habitats, such as
estuaries and coral reefs, from many stressors, including climate change.
• Develop strategies and programs to address emerging environmental threats to marine and
coastal water quality such as ocean acidification and aquatic trash and debris.
• Expand Trash Free Waters Program activities to support actions in more communities and co-
develop (with EPA’s Office of Land and Emergency Management) a national trash management
strategy.
• Provide strategic foresight and decision support to accelerate coastal resilience and adaptation
to climate change via the Climate Ready Estuaries Program.
Geographic and Place-Based Programs: EPA and its partners will advance progress to protect and
restore ecologically, economically, 27 and intrinsically valuable watersheds across the nation through its
geographic and place-based programs, such as the National Estuary Program and Urban Waters Federal
Partnership, by strategically focusing on the biggest threats to their ecosystems and associated human
health issues. Using a collaborative watershed approach, these programs incorporate in their
environmental protection work the principles of environmental justice and Tribal reserved rights. EPA’s
leadership, at the regional and national levels, provides a foundation using technical expertise, science-
based support, and funding to develop long-term strategies and actions to improve water quality,
restore habitat, and foster sustainable human use. Through these programs, EPA plays an important role
as a convener and facilitator with federal, Tribal, state, territorial, and community partners to align
resources and authorities within regional, watershed, and basin-scaled networks. More specifically,
EPA’s geographic and place-based programs deliver technical and financial assistance to solve problems
and support healthy, climate-resilient ecosystems that address water quality, water infrastructure,
nutrient pollution, habitat loss, treaty rights, equity, and environmental justice. The Bipartisan
27
The economic value of coastal recreation in the United States – for beach going, angling, bird watching, and
snorkeling/diving – has been estimated by the National Oceanic and Atmospheric Administration to be in the order
of $20 billion to $60 billion annually. To learn more, visit: https://estuaries.org/wp-content/uploads/2020/02/The-
Economic-and-Market-Value-of-Coasts-and-Estuaries-What%E2%80%99s-at-Stake_2008.pdf
17
Infrastructure Law provides an additional investment of $1.7 billion for geographic programs and $192
million for the National Estuary Program and Gulf Hypoxia Program to protect regional waters.
Deepen Collaborative Partnerships with Agriculture: Support State and Tribal Programs and Use
the Clean Water Act Framework to Reduce Nutrient Pollution
Nutrient pollution is one of America's most widespread, costly, and challenging environmental
problems, and is caused by excess nitrogen and phosphorus in the air and water. Too much nitrogen and
phosphorus in the water causes algae to grow faster than ecosystems can handle. Significant increases
in algae harm water quality, food resources and habitats, and decrease the oxygen that fish and other
aquatic life need to survive. Some algal blooms are harmful to humans because they produce elevated
toxins and bacterial growth that can make people sick if they are exposed to polluted water, consume
tainted fish or shellfish, or drink contaminated water. Scientists predict that climate change will intensify
many of the problems impacting freshwater and marine environments. These effects, along with
nutrient pollution, might cause harmful algal blooms to occur more often, in more waterbodies and to
be more intense. Algal blooms endanger human health and the environment and can negatively impact
economies across the United States, including increasing drinking water costs where blooms are present
in source waters.
To address this challenge, EPA will engage the United States Department of Agriculture (USDA)
leadership to build and maintain connections and momentum; expand engagements with agricultural
stakeholders and highlight their success; and deepen on-the-ground collaboration with USDA, Tribes,
states, territories, and stakeholders in key geographic areas. We will strongly encourage states to use a
“one water” approach to deliver a range of water quality benefits including protection of sources of
drinking water, water-based economies, ecological health, and habitat.
The Office of Water will champion innovative financing and use the flexibility of the CWA regulatory
framework to spur development of more effective technologies, drive market-based approaches,
including water quality trading, third-party credit aggregation and banking, and stronger agriculture-
water sector partnerships. The Office of Water will continue to co-chair the Hypoxia Task Force which is
a central forum for five federal agencies, 12 Mississippi River Basin states, and Tribal representatives to
coordinate and advance the massive effort to decrease nutrient loads in an effort to reduce the size,
severity, and duration of hypoxia in the Gulf of Mexico and improve local water quality. 28 The $60
million provided by the Bipartisan Infrastructure Law will further support partnership efforts and
implementation of nutrient reduction strategies; prioritizing strategies that support overburdened and
vulnerable communities. Finally, EPA will continue to evolve and implement the CWA regulatory
framework. Technology-based controls for point sources, development and implementation of strong
water quality standards, and strategies for addressing nutrients at a watershed scale remain critical. The
CWA regulatory authorities are the foundation for much of the nation’s progress to date on nutrient
pollution and can provide both an incentive and backstop for collaborative approaches.
28
To learn more about the Gulf of Mexico Hypoxia Task Force, visit: https://www.epa.gov/ms-htf.
18
SECTION III: Strengthening the Nation-to-Nation Relationship with

Tribes
For Tribes, access to clean water is essential to public health, environmental protection, cultural
activities, and subsistence practices. Long-standing water challenges in Indian country are negatively
impacting Tribes. Tribal communities are more likely than other populations in the United States to lack
access to wastewater services and piped drinking water. The COVID-19 pandemic has highlighted the
need to address this persistent problem as safe drinking water for hydration, handwashing, and hygiene
helps reduce the risk of virus transmission. Barriers to addressing these and other water-related
challenges for Tribes include:
• A significant shortfall of funding to address water infrastructure needs.

• A lack of water quality standards that enable full implementation of the CWA on Tribal waters.
• The need for training, professional development and retention of qualified Tribal water and
wastewater operators and program managers.
The Biden-Harris Administration is committed to upholding the United States’ trust responsibility to the
574 federally recognized American Indian Tribes and Alaska Native Villages (Tribes). The Office of Water
will help deliver on this commitment by supporting Tribal nations as they protect and steward their
waters. In support of the Biden-Harris Administration’s focus on strengthening the Nation-to-Nation
Relationships, 29 EPA’s Water Program, working in close collaboration with EPA's Office of International
and Tribal Affairs (OITA), EPA regional office leadership, and the National Tribal Water Council,
developed a Tribal action plan, Strengthening the Nation-to-Nation Relationship with Tribes to Secure a
Sustainable Water Future. 30 This Action Plan is the Office of Water’s roadmap for supporting Tribal
nations as they protect and steward their waters. The plan calls for rooting decisions in sound science,
enacting policy with an explicit and intentional focus on supporting Tribal water governance, and
continually consulting with Tribal government partners.
In accordance with EPA’s 1984 Indian Policy, the Action Plan acknowledges the unique government-to-
government relationship between the federal government and federally recognized Tribes. Consistent
with Strategy 4 of the FY 2022-2026 EPA Strategic Plan, Strengthen Tribal, State, and Local Partnerships
and Enhance Engagement, and pursuant to its Tribal Action Plan, the Water Program will continue to
improve relationships with Tribes through partnerships, outreach, and consultation. The Office of
Water will seek out and equitably distribute infrastructure funding, advance core water programs with
measurable Tribal benefits, and partner with Tribes to enhance the capacity of Tribal environmental
programs. EPA will look for more opportunities to support climate resiliency in Tribal communities and
on Tribal lands and will strive to further integrate principles of equity and environmental justice into our
work with Tribes. The actions outlined in the Action Plan are important steps by the Biden-Harris
Administration to uphold federal trust responsibilities.
29
For more information on the White House’s Memorandum on Tribal Consultation and Strengthening Nation-to-
Nation Relationships, visit: https://www.whitehouse.gov/briefing-room/presidential-
actions/2021/01/26/memorandum-on-Tribal-consultation-and-strengthening-nation-to-nation-relationships/.
30
For more information on the White House’s Memorandum on Tribal Consultation and Strengthening Nation-to-
Nation Relationships, visit: https://www.epa.gov/system/files/documents/2021-10/2021-ow-tribal-action-
plan_508_0.pdf.
19
The Action Plan focuses on the following priority areas:
• Promote Robust Coordination and Meaningful Consultation with Tribal Nations: The Office of
Water will partner with EPA’s Office of International and Tribal Affairs to ensure robust and
sustained consultation with Tribes. It will also regularly engage Tribal representatives via
advisory boards and engagement processes across our programs. Further, the Office of Water
will deepen its collaboration with the National Tribal Water Council to help ensure two-way
communication and foster collaboration between Tribal programs and EPA.
• Strengthen and Expand Water Governance in Indian Country: Fostering Tribal self-governance
and Tribal regulation of environmental resources is essential to fulfilling the federal
government’s trust responsibility. The Office of Water will seek to implement regulations,
policies, and guidance that align with the ability of Tribes to implement environmental
programs and protect Tribal waters and aquatic resources.
• Increase Infrastructure Funding and Capacity Development: The Office of Water manages
several funding programs that support infrastructure development for Tribes, including the SRF
program set-asides, Public Water System Supervision (PWSS) Tribal Support Grants, the
Underground Injection Control (UIC) Tribal Assistance Grants, and WIIN grants. The Office of
Water also provides programmatic funding to support Tribal water quality programs through
grants such as the water pollution control and nonpoint source programs (CWA Sections
104(b)(3), 106 and 319). The Office of Water will work collaboratively with Tribes to maximize
the impact of available funding programs.
• Honor the Federal Trust Responsibility and Protect Tribal Reserved Rights Related to Water
Resources: The Office of Water recognizes that in some circumstances, EPA has an obligation to
take action to protect Tribal waters and aquatic resources. The Office of Water will continue
rulemaking efforts and directly implement CWA and Safe Drinking Water Act (SDWA) programs
in Indian country where Tribes have not taken on these authorities.
Tribal Funding within The Bipartisan Infrastructure Law: Most of the Law’s funding supports water
infrastructure improvements, replacement of lead service lines, and addresses emerging contaminants.
For Tribes, funding will flow through the existing SRF Tribal set aside programs. The SRF Tribal set asides,
which are established through Congressional appropriations, are anticipated to be two percent of total
Clean Water and Drinking Water SRF Bipartisan Infrastructure Law program funding, respectively. 31
• EPA administers the Clean Water SRF Tribal set aside funding primarily through Interagency
Agreements with the Indian Health Service (IHS). EPA regions work with the IHS and Tribes to
identify, prioritize, and select water infrastructure projects to receive funding. Tribes can then
manage their grants either through a direct grant from EPA or request to have the IHS
implement the project on their behalf.
• EPA administers the Drinking Water SRF Tribal set aside through regional programs that
coordinate with local Tribes and the IHS to establish priorities and with project implementation.
31
For more information on Bipartisan Infrastructure Law funding for Tribes visit:
https://www.epa.gov/infrastructure/investments-Tribal-communities.
20
Tribes can then manage their grants either through a direct grant from EPA or request, at the
discretion of the IHS, to partner with IHS on implementation.
The Biden-Harris Administration’s relationship with Tribes is built on respect for Tribal sovereignty and
self-governance, honoring federal trust and treaty responsibilities, and conducting regular, meaningful,
and robust consultation with Tribal nations. EPA will communicate with Tribes and share more detailed
information, as it becomes available, on the critical resources in the Bipartisan Infrastructure Law, how
these resources can improve Tribal communities, and how Tribes can access them.
SECTION IV: Grant and Loan Guidance

EPA promotes flexibility in grant work planning necessary to address the environmental and health
priorities of Tribes, states, and territories. Through the National Environmental Performance Partnership
System (NEPPS), EPA encourages the use of Performance Partnership Agreements (PPAs) and
Performance Partnership Grants (PPGs) 32 as vehicles for continuous collaboration and for increasing
administrative, financial, and programmatic flexibilities for Tribes, states, and territories. 33 In addition,
regions can consider established EPA-Tribal Environmental Plans (ETEPS) to assist in conducting federal
environmental program activities in Indian country, including direct implementation and technical and
financial assistance.
Beach Monitoring and Notification Grants

EPA awards grants under authority of the Beaches Environmental Assessment and Coastal Health Act to
eligible states, territories, and authorized Tribes with approved water quality standards with beaches on
ocean and Great Lakes coasts to develop and implement programs to monitor their beaches and notify
the public when it is not safe to swim. During each swimming season, state and local health and
environmental protection agencies monitor the quality of water at the nation’s beaches. When bacteria
levels in the water are too high, these agencies notify the public by posting beach warnings or closing
the beach. The grants help local authorities monitor beach water quality and notify the public of
conditions that may be unsafe for swimming. The grant guidance, information about the grant allotment
formula, and annual allotments to states, territories, and Tribes can be found at
https://www.epa.gov/beach-tech/beach-grants.
Public Water System Supervision Grant Guidance

The Public Water System Supervision (PWSS) grant program is fundamental to the implementation of
the national drinking water program and is a key oversight tool utilized in partnership with the states 34
and Tribes to provide safe drinking water to the American public. Grants are provided to states with
primary enforcement authority to implement and enforce National Primary Drinking Water Regulations
32
For general information on NEPPS, visit: https://www.epa.gov/ocir/national-environmental-performance-
partnership-system-nepps. For information on environmental programs eligible for inclusion in a PPG, visit:
https://www.epa.gov/ocir/nepps-implementing-performance-partnerships.
33
Reference EPA’s Office of Congressional and Intergovernmental Regulations FY 2023-2024 National Program
Guidance for information on NEPPS, PPA and PPG FY2023-2024 priorities, visit:
https://www.epa.gov/planandbudget/national-program-guidances.
34
“State” refers to states, territories, and tribes with primacy.
21
(NPDWRs). The NPDWRs set forth monitoring, reporting, compliance tracking, and enforcement
elements. Grant funds are used by states to:
• Maintain compliance data systems.

• Compile and analyze compliance information.
• Respond to and enforce against violations.
• Certify labs.
• Conduct lab analyses.
• Conduct sanitary surveys.
• Draft new regulations and legislative provisions where necessary.
PWSS Grant Activities
Building on the ongoing efforts of grantees to implement the PWSS program, FY 2023-2024 priority
activities for the PWSS grantees, including those directly implementing programs in Indian country,
should include the following:
• Taking targeted actions, such as training and technical assistance, to support efforts to reduce
the number of health-based violations.
• Submitting primacy packages for all NPDWRs to reduce the backlog of unsubmitted or
unapproved packages.
• Completing sanitary surveys in a timely manner to meet the requirements of the law.
• Seeking opportunities to implement policies that will enhance program collaboration with the
DWSRF, WIIN and the Capacity Development programs to address noncompliance among
vulnerable systems.
• Ensuring that compliance data submitted to the Agency is accurate, complete, and submitted in
a timely manner.
• Addressing rule implementation of the Microbial, Disinfectants, and Disinfection Byproducts

Rule, which represents the largest number of health-based violations, including the Revised
Total Coliform Rule, Ground Water Rule, the Stage 2 Disinfectants and Disinfection Byproducts
Rule, and the Long-term 2 Enhanced Surface Water Treatment Rule.
• Continuing to address simultaneous compliance challenges with the Lead and Copper Rule.
• Devoting a proportion of each PWSS grant to ensuring that data are effectively managed, and
that required data are submitted to EPA such that 1) water system compliance determinations
are consistent with federal and state regulations; 2) corrective actions associated with data file
reviews and annual program reviews are implemented; and 3) PWSS grantees submit to EPA the
required inventory, compliance, and enforcement data.
The PWSS grant allotments are based on factors such as population, geographic area, and PWSS
inventory. The PWSS grant policy, and allotment formula can be found at:
https://www.epa.gov/dwreginfo/public-water-system-supervision-program-water-supply-guidance-
manual.
22
The PWSS national program is updating PWSS program-specific guidance and reference for regions that
focuses on federal regulatory requirements and grants management policies in FY 2022.
State-by-state allotments and the total amount available to each region for its Tribal support program
can be found at: https://www.epa.gov/dwreginfo/final-allotment-fy-2021-public-water-system-
supervision-pwss-state-and-Tribal-support.
The Guidance and Tentative Grant Allotments to Support PWSS Programs on Tribal Lands can be found
at: https://www.epa.gov/sites/production/files/2015-09/documents/fy2008-tent-Tribal-pwss-prog-
memo-guidance.pdf.
Drinking Water State Revolving Fund Guidance

This document for FY 2023-2024 includes guidance for state recipients of DWSRF program capitalization
grants. 35 Grant recipients are expected to conduct their programs to help achieve the goals, objectives,
and measures specified.
The Bipartisan Infrastructure Law amends the DWSRF-authorizing section of the SDWA and appropriates
three new supplemental appropriations into the DWSRF each year between FY 2022 and FY 2026,
inclusive. These supplemental appropriations total approximately $30.7 billion in funds over those years.
These appropriations are in addition to “base” appropriations anticipated each year.
The Bipartisan Infrastructure Law amends SDWA 1452 to:
• Reauthorize the DWSRF through 2026.

• Offer states new methods of delivering additional subsidy to underserved communities.
• Increase the amount of required additional subsidy that states must provide to underserved
communities.
• Make the American Iron and Steel procurement provision permanent.
• Add a new “Build America, Buy America” procurement requirement.
The Bipartisan Infrastructure Law contains provisions for several grants to be administered separately as
part of the DWSRF program. They are briefly explained below.
General Supplemental: The Bipartisan Infrastructure Law provides DWSRF funding for any DWSRF-
eligible project and activity. States will apply for a capitalization grant with a ten percent state match in
FY 2022 and FY 2023, and 20 percent state match in FY 2024-2026. The states provide below-market
interest loans and principal forgiveness or grants under this appropriation.
Lead Service Line Replacement Supplemental: The Bipartisan Infrastructure Law provides DWSRF
funding for eligible projects limited to lead service line replacement and associated activities related to
identification, planning, design, and removal of lead service lines. States will apply for a capitalization
grant with no state match required. The states provide below-market interest loans and principal
forgiveness or grants to replace lead service lines under this appropriation.
Emerging Contaminant Supplemental: The Bipartisan Infrastructure Law provides DWSRF funds for
eligible projects addressing Emerging Contaminants with a focus on PFAS. States may apply for a
35
For more information on DWSRF grant programs, visit: http://www.epa.gov/dwsrf.
23
capitalization grant with no state match required. The states will provide principal forgiveness and
grants to fund drinking water infrastructure projects to address emerging contaminants, with a focus on
PFAS, under this appropriation.
Further guidance to states on the implementation of Bipartisan Infrastructure Law can be found at:
https://www.epa.gov/dwsrf/bipartisan-infrastructure-law-srf-memorandum.
In FY 2023-2024, EPA and states should take all appropriate and timely steps to ensure that all CWSRF
and DWSRF funds move as expeditiously as possible from EPA through states and into high priority
projects, consistent with sound program oversight, achieving the public health protection objectives of
the SDWA. This includes a continued emphasis on cash flow modeling and assisting drinking water
systems in most need of financial and technical assistance.
States, at their discretion, may reserve up to approximately 31 percent of any DWSRF capitalization
grant for “set-asides” to fund DWSRF program administration, small system technical assistance, state
program management, and local assistance. This includes:
• Support for the state PWSS programs.

• State-wide operator certification programs.
• State-wide capacity development planning.
• System source water protection.
• System level capacity development actions.
To ensure the appropriate balance between financing capital projects to improve the delivery of safe
water and funding non-capital set-aside assistance for water systems, the PWSS program in each state
has the lead responsibility for determining the priority for providing these two forms of assistance to
water systems. This balance of funding priorities is to be reflected in the state’s intended use plan (IUP).
The SDWA requires that states submit an annual IUP that details how the state will use DWSRF program
funds, including new capitalization grants, as well as other grant funds, repayments, and other
resources. The Project Priority List is a cornerstone element of the IUP and presents all the capital
projects awaiting DWSRF assistance in priority funding order. The SDWA further requires states to
include a “Fundable List” showing the specific projects that the state anticipates being ready to proceed
to receiving assistance that year. Additionally, the SDWA requires states to submit set-aside work plans
detailing how set-aside funds will be used. The SDWA also requires states to submit, biennially, a report
that explains how DWSRF funds were used. Finally, the SDWA requires states to submit annual data on
program performance. Auditing is required to the extent laid out in the Single Audit Act.
EPA regions perform annual on-site reviews of state programs, including project file reviews and
transaction testing. These reviews serve as EPA’s baseline monitoring for the DWSRF.
The DWSRF grant allotments are based on the Drinking Water Needs Survey’s results. State-by-state
allotments, territorial funds, and the total amount available to each region for Tribes is available at:
www.epa.gov/dwsrf.
Emerging Contaminants in Small and Disadvantaged Communities Guidance

FY 2022 guidance will include technical and implementation guidance for recipients of the emerging
contaminants funding under SDWA 1459A, enacted and appropriated through the Bipartisan
Infrastructure Law. The document will support grant recipients through the expected planning and
24
execution of their programs, including achieving the goals, objectives, and reporting measures of the
program.
The Bipartisan Infrastructure Law amends the subsections (a) through (j) of section 1459A of the SDWA
(42 U.S.C. 300j-19a). The amendment includes appropriations of $5 billion between FY 2022 and FY 2026
to address emerging contaminants in small and overburdened or underserved communities. The
Bipartisan Infrastructure Law provides these grant funds for eligible projects addressing Emerging
Contaminants with a focus on PFAS. States will prioritize the grants to assist public water systems in
small and overburdened or underserved communities that are unable to finance activities needed to
comply with drinking water regulations as well as respond to drinking water contaminants. The grant
program aids communities that have no household drinking water or wastewater services or are served
by a public water system that violates or exceeds any maximum containment level, treatment
technique, or action level. Unlike the broader funding under SDWA 1459A, Bipartisan Infrastructure Law
prioritizes the funding to focus on small and underserved communities in addressing emerging
contaminants, including PFAS. The underserved criteria in the traditional grant program are not
required. There is no state match.
EPA will release further guidance to states on the implementation and allocation of emerging
contaminants funding in 2022. It will be available on the WIIN grant website:
https://www.epa.gov/dwcapacity/water-infrastructure-improvements-nation-act-wiin-act-grant-
programs.
Lead Remediation Supplemental: The Bipartisan Infrastructure Law expands the WIIN Lead Testing in
Schools and Child Care Drinking Water Grant program with funding for eligible grant work to include
compliance monitoring and reduction/remediation. Additionally, it expands on the eligible recipients to
include Tribal consortia, public water systems located in states that do not directly participate in the
grant program; and to qualified nonprofit organizations. The Bipartisan Infrastructure Law expands the
WIIN Reducing Lead in Drinking Water Grant program to include all lead service line replacement as
eligible, not just public-owned lead service line replacements.
EPA will release additional guidance to eligible recipients on the implementation of lead remediation
and/or replacement activities funded through the grants in FY 2022. It will be available on the WIIN
grant website: https://www.epa.gov/dwcapacity/water-infrastructure-improvements-nation-act-wiin-
act-grant-programs.
Underground Injection Control Grant Guidance

State 36 and Tribal grant recipients are expected to implement their programs to help achieve the goals,
objectives, and measures specified in this guidance.
The overall objective of the Underground Injection Control Grant (UICG) grant program is to protect
public health by enforcing minimum requirements to ensure that:
• All injection is authorized under either general rules or specific permits.
36
40 CFR 144.3 “State” means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the
Northern Mariana Islands, or an Indian Tribe treated as a State.
25
• Injection well owners and operators do not site, construct, operate, maintain, convert, plug,
abandon, or conduct any other injection activity that endangers an USDW.
• Injected fluids stay within the well and the intended injection zone.
• No injection occurs which allows for the introduction of any contaminant into an USDW if the
presence of that contaminant may cause a violation of any primary drinking water standard or
otherwise adversely affect public health.
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 I, 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 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 government 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.
Clean Water State Revolving Fund Guidance

This document for FY 2023-2024 includes guidance for state recipients of CWSRF program capitalization
grants. Grant recipients are expected to conduct their programs to help achieve the goals, objectives,
and measures specified.
The Bipartisan Infrastructure Law amends the CWSRF-authorizing section of the CWA and appropriates
two new supplemental appropriations into the CWSRF each year between FY 2022 and FY 2026,
inclusive. These supplemental appropriations total approximately $11.7 billion in funds over those years.
These appropriations are in addition to “base” appropriations anticipated each year.
The Bipartisan Infrastructure Law amends CWA Title VI to:
• Reauthorize the CWSRF through FY 2026.
• Offer states new methods of delivering additional subsidy to underserved communities and
eligible project types defined under CWA 603(i).
• Increase the amount of required additional subsidy that states must provide to underserved
communities and eligible project types defined under CWA 603(i).
• Allows states to use up to an amount equal to two percent of their annual capitalization grant to
aid nonprofit organizations or state, regional, interstate, or municipal entities to provide
26
technical assistance to rural, small, and Tribal publicly owned treatment works.
• Add a new “Build America, Buy America” procurement requirement.
The Bipartisan Infrastructure Law contains provisions for several grants to be administered separately as
part of the CWSRF program. They are briefly explained below.
General Supplemental: The Bipartisan Infrastructure Law provides CWSRF funding for any CWSRF-
eligible project and activity. States will apply for a capitalization grant with a ten percent state match in
FY 2022 and FY 2023, and 20 percent state match in FY 2024-2026. The states provide below-market
interest loans and principal forgiveness or grants under this appropriation.
Emerging Contaminant Supplemental: The Bipartisan Infrastructure Law provides CWSRF funds for
eligible projects addressing Emerging Contaminants. States may apply for a capitalization grant with no
state match required. The states will provide principal forgiveness and grants to fund drinking water
infrastructure projects to address emerging contaminants under this appropriation.
Further guidance to states on the implementation of Bipartisan Infrastructure Law can be found at:
https://www.epa.gov/dwsrf/bipartisan-infrastructure-law-srf-memorandum.
Nationally, EPA will continue to strengthen oversight of the program through effective implementation
of its federal requirements. EPA will continue to work with states to increase demand through
marketing and outreach, including providing technical assistance (e.g., surveys and focus groups) to
CWSRF programs to identify state-specific marketing opportunities, and identifying exceptional projects
for national recognition through the CWSRF Performance and Innovation in the CWSRF Creating
Environmental Success program.
In FY 2023-2024, EPA and states should take all appropriate and timely steps to ensure that all CWSRF
and DWSRF funds move as expeditiously as possible from EPA through states and into high priority
projects, consistent with sound program oversight, achieving the environmental and public health
protection objectives of the CWA and SDWA. This includes a continued emphasis on cash flow modeling
and assisting drinking water systems in most need of financial and technical assistance.
Water Infrastructure Finance and Innovation Act Guidance

The Water Infrastructure Finance and Innovation Act (WIFIA) program is a government bank that
provides long-term, low-cost supplemental loans for regionally and nationally significant water and
wastewater infrastructure projects. Eligible public and private borrowers can finance a wide variety of
wastewater, drinking water, water reuse, stormwater, and other water quality improvement capital
projects with WIFIA loans. Borrowers applying for WIFIA loans must be creditworthy and demonstrate
that they can repay the federal government over the loan’s term. For more information, visit:
https://www.epa.gov/wifia.
27
Clean Water Act Section 106 Grant Guidance

Grant recipients are expected to conduct their programs to help achieve the goals, objectives, and
measures specified in this guidance. In addition, the Section 106 website 37 includes specific guidance 38
for state, interstate, and Tribal grant recipients in these Section 106 grant guidance areas.
Section 106 grant guidance covers water pollution control program activities including: water quality
standards, water quality monitoring, impaired waters listing and TMDL development, 401 certification,
404 permitting, and NPDES permitting, enforcement and compliance. High priority activities for EPA for
FY 2023-2024 include:
• Support state’s and Tribes’ adoption of sound, scientifically defensible water quality criteria to
protect designated uses.
• Coordinate with states, territories, and Tribes to implement National Aquatic Resource Surveys
(NARS) to assess the quality of the Nation's coastal waters, lakes and reservoirs, rivers and
streams, and wetlands using a statistical survey design. 39
• Support enhancements to monitoring programs addressing additional state and Tribal priorities.
• Support implementation of the Assessment TMDL Tracking and Implementation System

(ATTAINS) data flow for submission of Integrated Reporting under CWA Sections 303(d) and
305(b) through technical assistance and Exchange Network Grants;
• Work with states, territories, and tribes on listing of impaired waters and on priority TMDLs,
other restoration plans, and protection approaches under the CWA Section 303(d) Program
Vision; support tribes interested in adopting and implementing CWA Section 303(d) listing and
TMDL program for reservations;
• Incorporate new NPDES regulations, policies and other programmatic changes, continued
implementation of significant actions identified during permit and program quality reviews,
ensure state and territory NPDES permit application forms are as stringent as current
regulations for EPA application forms, continued implementation of the NPDES Electronic
Reporting Rule and where appropriate, identify environmental justice and Title VI civil rights
factors that could inform the development of effective approaches within the authority of the
NPDES program.
• Support states and tribes interested in assuming the Section 404 dredged and fill permit
program and provide technical assistance in program development and implementation to
ensure programs are consistent with the CWA; and
• Encourage states and territories to, as appropriate, propose monitoring requirements at

facilities where PFAS are expected or suspected to be present in wastewater and stormwater
37
To view Section 106 grants website, visit: https://www.epa.gov/water-pollution-control-section-106-grants.
38
To read the Section 106 grant guidance, visit: https://www.epa.gov/water-pollution-control-section-106-
grants/final-section-106-supplemental-grant-guidance-states.
39
To learn more about NARS, visit: https://www.epa.gov/national-aquatic-resource-surveys.
28
discharges, using EPA’s recently published analytical method 1633, which addresses 40 unique
PFAS.
Clean Water Act Section 319 Grant Guidance

Section 319 of the CWA awards grants to states, territories, and Tribes to manage polluted runoff
programs and implement local projects to restore and protect water quality impacted by nonpoint
source pollution (NPS). 40 Section 319 grants are awarded via an allocation formula. Under FY 2021
appropriation levels, funding ranged from about $1 million to $8 million per state. States strategically
guide the funds to priorities in their NPS Management Plan, supporting state staff, monitoring,
watershed restoration projects, technical assistance, and other activities. The current Tribal set-aside is
the greater of $8 million or 5 percent of the national Section 319 appropriation (5 percent was $9 million
in FY 2021).
States structure their NPS programs to fit state needs and priorities, develop five-year NPS Management
Plans, and take the lead in project selection, management, and water quality monitoring. EPA applies
guidelines for the allocation and effective utilization of federal funds, as well as provides programmatic
oversight and assistance, technical assistance, and a national framework for measures reporting and
success documentation.
Funds address diverse sources of polluted runoff with at least half of funds implementing on-the-ground
projects to address problems such as acid mine drainage, unpermitted urban runoff, failing septic
systems, and streambank erosion.
At the national level, program priorities are to:
• Continue supporting state, territory, and Tribal programs with programmatic and technical
assistance.
• Continue Section 319 program and funds management.
• Annually approve state and Tribal workplans and issue grants.
• Advance equity and inclusion in the delivery of NPS water quality benefits.
• Ensure Section 319 funds are targeted in a technically sound and effective approach to address
priority NPS pollutants and impairments identified in the grantee’s NPS management program
plan.
• Provide national leadership partnering with federal programs, in particular building on our
longstanding relationship with USDA, as well as growing a partnership with Federal Emergency
Management Agency to focus on the co-benefits of water quality projects and risk reduction
from natural hazards such as flooding and drought.
• Provide leadership for national scale NPS initiatives including the National Water Quality
Initiative with USDA and the Gulf of Mexico Hypoxia Task Force with five federal agencies and 12
Mississippi River basin states.
Wetland Program Development Grants

In 1990, the Wetland Program Development Grants (WPDGs) were funded to support state and Tribal
40
To learn more about Section 319 grant funding or to read the current grant guidance, visit:
https://www.epa.gov/nps/319-grant-program-states-and-territories.
29
wetland projects and state wetland strategic plans. 41 The program goal is to build state, Tribal, territory,
and (to a lesser extent) local wetland programs. Program vehicles included: regional Request for
Applications (RFA) for states, Tribes, territories, interstate agencies, and intertribal consortia; Tribal-only
RFAs for Tribes and intertribal consortia; National RFAs for non-profit NGOs, interstate agencies, and
intertribal consortia; a Five-Star RFA for non-profit NGOs, interstate agencies, and intertribal consortia;
and a National Association of Wetland Managers noncompete assistance agreement. Thus far, there
have been 51 states and territories, over 70 Tribes (not including intertribal organizations), and many
local governments that have received funding for activities authorized under CWA Section 104(b)(3) for
research, investigations, experiments, training, demonstrations, surveys, and studies.
WPDG regulations indicate that these funds must be competed and require a 25 percent match.
However, if placed in a PPG, it may be as low as five percent for states and territories and 0 percent for
Tribes.
41
To learn more about Wetland Program Development Grants, visit: https://www.epa.gov/wetlands/wetland-
program-development-grants-and-epa-wetlands-grant-coordinators.
30
SECTION V: FY 2023 National Water Program Measures

Subject Area Measure Language Comments/Notes
Infrastructure Billions of non-federal dollars
leveraged by EPA water
infrastructure finance programs
(State Revolving Funds and Water
Infrastructure Finance and
Innovation Act)
Infrastructure Number of Tribal homes provided New Tribal metric added to EPA’s FY
access to basic sanitation, through 2022-2026 Strategic Plan
federal coordination.
Infrastructure Number of Tribal, small, rural, or Includes Tribal component
underserved communities
provided with technical,
managerial, or financial assistance
Infrastructure Number of drinking and
wastewater systems and water
sector partners provided with
resiliency training
Infrastructure The number of program
evaluation reports (PERs) finalized
within 90 days of the completion
of state DWSRF annual reviews
(count)
Infrastructure The number of program
evaluation reports (PERs) finalized
within 90 days of the completion
of state CWSRF annual reviews
(count)
Drinking Water Community water systems still in
noncompliance with health-based
standards since March 31, 2021
Drinking Water Community water systems in New Tribal metric added to EPA’s FY 2022-
Indian country still in 2026 Strategic Plan
noncompliance with health-based
standards
Drinking Water Percent of community water
systems in compliance with
health-based standards
Drinking Water Systems Out of Compliance Due to
Lead and Copper Rule Violations
Drinking Water Strengthen the technical,
managerial, and financial capacity
of drinking water systems
Drinking Water PWSS program reviews completed
by EPA regions for each primacy
agency in the corresponding year
Drinking Water State PWSS rule primacy
applications in backlog
Underground Injection Control EPA Permit Backlog - New UIC
31

NPDES 42 Number of existing EPA-issued Includes Tribal component
NPDES individual permits in
backlog
NPDES 43 Number of applications for new Includes Tribal component
EPA-issued NPDES individual
permits in backlog
NPDES 44 Number of facilities covered by New metric
EPA-issued NPDES general permits Includes Tribal component
in backlog
NPDES Percent of existing state-issued New metric
NPDES individual permits in
backlog
NPDES Percent of facilities covered by New metric
state-issued NPDES general
permits in backlog
TMDLs Square miles of priority
areas covered by TMDLs,
other restoration plans, or
protection approaches
TMDLs Backlog of EPA action on TMDLs
Impaired Waters Annual increase in square miles of
watersheds with surface water
meeting standards 45
Impaired Waters Square miles of watersheds
previously impaired due to
nutrients that now meet
standards
Impaired Waters Backlog of EPA action on 303(d)
Lists
Impaired Waters Outstanding State submission of
303(d) lists
Impaired Waters Number of primarily NPS-impaired
waterbodies partially or fully
restored by NPS program actions
Water Quality Report on the quality of the EPA, State, and Tribal National Aquatic
nation's waters - percent of Resource Surveys
samples processed
42
For NPDES permit backlog metrics, existing permits (both individual and general) are considered backlogged
when they have been administratively continued for 180 days or more.
43
For this NPDES permit backlog metric, applications for new permits are considered backlogged 365 days after a
complete application has been received.
44
For all NPDES general permit backlog metrics, construction stormwater permits are excluded due to the unique
nature and ever-changing, large universe for those permits.
45
EPA recognizes that additional waters may be listed as impaired, (e.g., as new data) and information become
available for assessments and WQS are changed/developed. EPA establishes a universe of impaired waters as part
of the Strategic Planning process. It is from this universe that progress is measured. Any new impaired waters that
are added during in a state’s subsequent bi-annual Integrated Report do not count against this measure but would
be reflected in subsequent Strategic Plan universes.
32

Water Quality Standards Percent of water quality standards
actions taken within the 60- or 90-
day statutory deadlines
Water Quality Standards Number of Tribes with EPA Tribal metric
approved water quality standards
Water Quality Standards Number of Tribes with TAS for Tribal metric
water quality standards
Water Reuse Action Plan Total number of actions to
advance water reuse (both active
and complete)
Climate Adaptation The Office of Water is still New metrics TBD
developing metrics to track
progress towards meeting our
climate adaptation goals.
Bipartisan Infrastructure Law The Office of Water is still New metrics TBD
developing metrics to track
Bipartisan Infrastructure Law
Implementation goals.
Justice40/Environmental The Office of Water is still New metrics TBD
Justice developing metrics to track
Justice 40 and/or Environmental
Justice goals.
33
SECTION VI: Key Contacts

Subject Area Contact Name Phone Email
Drinking Water Eric Bissonette (202) 564-2147 bissonette.eric@epa.gov
Travis Cummings (202) 564-9592 cummings.travis@epa.gov
Underground Injection Control Eric Bissonette (202) 564-2147 bissonette.eric@epa.gov
Infrastructure Eric Bissonette (202) 564-2147 bissonette.eric@epa.gov
Nick Chamberlain (202) 564-1871 chamberlain.nick@epa.gov
Katherine Stebe (202) 564-7933 stebe.katherine@epa.gov
Bev Vazquez (202) 564-4552 vazquez.bev@epa.gov
Mark Mylin (202) 564-0607 mylin.mark@epa.gov
Robin Parker (202) 564-0662 parker.robin@epa.gov
NPDES Katherine Stebe (202) 564-7933 stebe.katherine@epa.gov
Jackie Clark (202) 564-6582 clark.jackie@epa.gov
Water Quality Istanbul Yusuf (202) 564-8811 yusuf.istanbul@epa.gov
TMDLs Istanbul Yusuf (202) 564-8811 yusuf.istanbul@epa.gov
Impaired Waters Istanbul Yusuf (202) 564-8811 yusuf.istanbul@epa.gov
Water Quality Standards Lenny Bankester (202) 564-7827 bankester.lenny@epa.gov
Water Reuse Program and WRAP Sharon Nappier (202) 566-0740 nappier.sharon@epa.gov
National Estuary Program Robin Parker (202) 564-0662 parker.robin@epa.gov
Ocean and Coastal Betsy Valente (202) 564-9895 valente.betsy@epa.gov
Katherine Weiler (202) 566-1280 weiler.katherine@epa.gov
Wetlands, CWA Section 404 Program Russell Kaiser (202) 566-0963 kaiser.russell@epa.gov
Betsy Valente (202) 564-9895 valente.betsy@epa.gov
34
APPENDIX
List of Acronyms
Acronyms Term
APG Agency Priority Goal
Tribes American Indian Tribes and Alaska Native Villages
ATTAINS Assessment TMDL Tracking and Implementation System
CWA Clean Water Act
CWSRF Clean Water State Revolving Fund
CFR Code of Federal Regulations
DWSRF Drinking Water State Revolving Fund
EOs Executive Orders
ETEPS EPA-Tribal Environmental Plans
FY Fiscal Year
IHS Indian Health Service
IUP Intended Use Plan
MPRSA Marine Protection, Research and Sanctuaries Act
NARS National Aquatic Resource Surveys
NEPPS National Environmental Performance Partnership System
NPDES National Pollutant Discharge Elimination System
NPDWR National Primary Drinking Water Regulations
NWPG National Water Program Guidance
NPS Nonpoint Source Pollution
OITA Office of International and Tribal Affairs
PFAS Per- And Polyfluoroalkyl Substances
PFBS Perfluorobutane Sulfonic Acid
PFOA Perfluorooctanoic Acid
PFOS Perfluorooctane Sulfonic Acid
PPAS Performance Partnership Agreements
PPGS Performance Partnership Grants
PFOA Primary Drinking Water Regulation for Perfluorooctanoic Acid
PERS Program Evaluation Reports
PWSS Public Water System Supervision
RFAS Request for Applications
SDWA Safe Drinking Water Act
SRF State Revolving Fund
EPA Environmental Protection Agency
TMDLS Total Maximum Daily Loads
UIC Underground Injection Control
UICG Underground Injection Control Grant
USDW Underground Source of Drinking Water
USDA United States Department of Agriculture
WIFIA Water Infrastructure Finance and Innovation Act
WIINA Water Infrastructure Improvements for the Nation Act
WPDG Wetland Program Development Grants
35

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NATIONAL WATER

August 29, 2022

Message From the Assistant Administrator of

Implementation of EPA’s FY 2022-2026 Strategic Plan

• Reinforcing science as the central tenet of Agency decision-making.

Long-Term Performance Goals:

FY 2022-2023 Agency Priority Goal

• Subject a person to segregation or separate treatment.

SECTION II: Priority Areas

• Addressing and Mitigating the Effects of Climate Change.

environmental-protection-agency-financial-assistance-recipients-regarding-title-vi; U.S. EPA, Title VI Public

• Improving On-the-Ground Community Engagement: Meeting communities “where they are,” to

Office of Water’s Strategy for Implementing the Bipartisan Infrastructure Law

Addressing and Mitigating the Effects of Climate Change

Developing the Office of Water’s Climate Adaptation Implementation Plan

Investing in Water Infrastructure

The Office of Water will follow these objectives:

Technical Assistance: Helping communities find infrastructure funding opportunities.

• Leverage existing trust-based working relationships with hundreds of communities nationwide

• Building an engagement, education, and communications plan that leverages on-the-ground

• Protecting Vulnerable Populations by Providing Resources to Schools and Childcare Facilities:

Monitoring and Remediating Per- and Polyfluoroalkyl Substances

• Undertake nationwide monitoring for PFAS in drinking water.

Protecting and Restoring Waterbodies and Watersheds

Actions to Protect and Improve Water Quality

• Develop strategies to regulate sub-seabed sequestration of carbon dioxide and marine

SECTION III: Strengthening the Nation-to-Nation Relationship with

• A significant shortfall of funding to address water infrastructure needs.

The Action Plan focuses on the following priority areas:

SECTION IV: Grant and Loan Guidance

Beach Monitoring and Notification Grants

Public Water System Supervision Grant Guidance

• Maintain compliance data systems.

PWSS Grant Activities

• Addressing rule implementation of the Microbial, Disinfectants, and Disinfection Byproducts

Drinking Water State Revolving Fund Guidance

The Bipartisan Infrastructure Law amends SDWA 1452 to:

• Reauthorize the DWSRF through 2026.

• Support for the state PWSS programs.

Emerging Contaminants in Small and Disadvantaged Communities Guidance

Underground Injection Control Grant Guidance

• All injection is authorized under either general rules or specific permits.

Clean Water State Revolving Fund Guidance

The Bipartisan Infrastructure Law amends CWA Title VI to:

• Reauthorize the CWSRF through FY 2026.

• Add a new “Build America, Buy America” procurement requirement.

Water Infrastructure Finance and Innovation Act Guidance

Clean Water Act Section 106 Grant Guidance

• Support implementation of the Assessment TMDL Tracking and Implementation System

• Encourage states and territories to, as appropriate, propose monitoring requirements at

Clean Water Act Section 319 Grant Guidance

At the national level, program priorities are to:

Wetland Program Development Grants

SECTION V: FY 2023 National Water Program Measures

Subject Area Measure Language Comments/Notes

Subject Area Measure Language Comments/Notes

SECTION VI: Key Contacts

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