Environmental Quality, Drinking Water

Rule R309-352

Capacity Development Program

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33501
Filed: 03/23/2010 01:27:52 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 19-4-104(1)(a)(v) authorizes the Drinking Water Board to implement the Capacity Development Program and to govern the allotment of federal funds to public water systems to assist their compliance with the Federal 1996 Reauthorization of the Safe Drinking Water Act (SDWA).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received either in support or opposing this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The 1996 SDWA amendments outlined the requirements of the Capacity Development Program. The Program mandates that states ensure that all new Community Water Systems and Non-Transient, Non-Community Water Systems demonstrate the technical, managerial, and financial capacity (capability) to comply with SDWA and the National Primary Drinking Water Regulations (NPDWR). In addition states must ensure that existing water systems demonstrate these capabilities before they can be awarded federal drinking water financial assistance from the federal Drinking Water State Revolving Fund (SRF). Each year states are granted capitalization funds from EPA to finance their individual Federal SRF programs. If a state does not have an acceptable Capacity Development Program 20% of those funds will be withheld (SDWA 1452(a)(1)(G)(i)). The State of Utah is currently granted more than $8,000,000 annually for its Federal SRF program. Losing 20% or $1,600,000 of funds each year would seriously impair the ability of the State to provide financial assistance to communities for drinking water infrastructure construction projects and could leave the public vulnerable to health and safety risks. These funds are also vital to the State's ability to administer the SDWA. Therefore, this should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Kenneth Wilde at the above address, by phone at 801-536-0048, by FAX at 801-536-4211, or by Internet E-mail at kwilde@utah.gov

Effective:

03/23/2010

Authorized by:

Ken Bousfield, Director