DAR File No. 39212

Environmental Quality, Drinking Water

Rule R309-800

Capacity Development Program

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39212
Filed: 03/13/2015 11:20:29 AM

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.

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 were received either in opposition to or support of 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 adequate technical, managerial, and financial capacity (capability) to comply with SDWA and the National Primary Drinking Water Regulations. In addition, states must ensure that existing drinking water systems demonstrate these capabilities before they can be awarded federal drinking water financial assistance from the federal Drinking Water State Revolving Fund (DWSRF) loan program. Each year states receive a capitalization grant from Congress through the EPA to finance their individual DWSRF program. If a state does not demonstrate an acceptable capacity development program, 20% of those grant funds may be withheld (SDWA 1452(a)(G)(I)). The State of Utah receives annual capitalization grants of as much as $9,000,000 or more for the DWSRF program. Losing 20% (up to $1,800,000 or more) of this annual funding would seriously impair the Drinking Water Board's ability to provide financial assistance to drinking water systems for system infrastructure 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 federal and Utah State Safe Drinking Water Acts. Therefore, this rule should be continued.

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

Environmental Quality
Drinking WaterRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Michael Grange at the above address, by phone at 801-536-0069, by FAX at 801-536-4122, or by Internet E-mail at mgrange@utah.gov

Effective:

03/13/2015

Authorized by:

Ken Bousfield, Director