CWSRF Emerging Contaminants - Frequent Questions and Answers

Answers to frequent questions to assist states in developing their application for Bipartisan Infrastructure Law capitalization grants for the CWSRF emerging contaminants funding.

DISCLAIMER: This list of questions and answers is intended to compile and update previously published responses to questions about the CWSRF Emerging Contaminants supplemental appropriation. This list compiles key questions from the January 2023 Webinar (pdf) (209.93 KB) and the March 2022 Bipartisan Infrastructure Law CWSRF Emerging Contaminants Supplemental Appropriation Frequently Asked Questions (pdf) (211.4 KB). Responses presented here supersede information provided in previously published documents.

If you have a specific question related to a project you are considering for CWSRF Emerging Contaminants funds, contact your state CWSRF program or EPA staff by emailing the CWSRF emerging contaminants email box ([email protected]).

Scroll through the questions and answers below organized into the following categories:

Eligibility
Landfill
Contaminated Sites
Surface Water Protection
Harmful Algal Blooms
Funding
Monitoring
Stormwater
Pretreatment
Environmental Justice

1. Eligibility

1.1 What is an emerging contaminant?

Emerging contaminants refer to substances and microorganisms, including manufactured or naturally occurring physical, chemical, biological, radiological, or nuclear materials, which are known or anticipated in the environment, that may pose newly identified or re-emerging risks to human health, aquatic life, or the environment. These substances, microorganisms, or materials can include many different types of natural or manufactured chemicals and substances – such as those in some compounds of personal care products, pharmaceuticals, industrial chemicals, pesticides, and microplastics. A description of emerging contaminants for the purposes of CWSRF financing can be found in Appendix B of EPA’s March 2022 memorandum, Implementation of the Clean Water and Drinking Water State Revolving Fund Provisions of the Bipartisan Infrastructure Law (pdf) (727 KB).
Contaminants with water quality criteria established by EPA under Clean Water Act (CWA) section 304(a), except for perfluoroalkyl and polyfluoroalkyl substances (PFAS), are not considered emerging contaminants. This includes nutrients (e.g., ammonia, nitrogen, and phosphorus), certain organics, and certain metals.

1.2 What types of projects are eligible for CWSRF Emerging Contaminants funding?

Any project or activity that meets the criteria for any of the twelve CWSRF eligibilities outlined under section 603(c) of the CWA and addresses an identified emerging contaminant is eligible. Only capital costs (e.g., construction activities, equipment purchase) are eligible. The CWSRF cannot fund operation and maintenance activities, including monitoring/sampling, unless the monitoring/sampling is an integral part of the planning and design for a capital project. Planning and design for capital projects, as well as broader water quality planning where there is a reasonable expectation that the planning will result in an eligible capital project, are also eligible.
States have the flexibility to craft single assistance agreements (e.g., loans or grants) that contain multiple types of construction components and activities and can charge eligible components of larger projects to this appropriation.

1.3 What are some example types of projects that are eligible for CWSRF Emerging Contaminants funding?

Wastewater treatment: Installation of technology to treat for PFAS and other emerging contaminants at publicly-owned treatment works is eligible.
Water reuse: Potable and non-potable water reuse/reclamation projects that may be applying advanced treatment (e.g., reverse osmosis, granulated activated carbon, or ion exchange) to remove PFAS or other emerging contaminants are also eligible.
Stormwater: In areas that are impaired or impacted by emerging contaminants based on previous monitoring efforts, projects that can trap and/or treat the contaminants in runoff prior to reaching waterbodies or instream treatment or removal may be eligible (see question 8.1 below for more detail).
Other non-point source projects: Eligible nonpoint source projects are capital projects that support the implementation of a current EPA approved state nonpoint source management program plan or nine element watershed-based plan established under Section 319 of the CWA and may be publicly or privately owned. Examples include certain types of landfills, contaminated sites, and surface water protection and restoration projects (see questions 2.1, 3.1, and 4.1 below for more details).
For examples of eligible projects, see Case Studies of CWSRF Eligible Emerging Contaminants Projects.

1.4 What kinds of planning and assessment activities are eligible for CWSRF Emerging Contaminants funding?

Planning and design for capital projects, as well as broader water quality planning, are eligible provided there is a reasonable expectation that the planning will result in a capital project. For example, funding can be used for preconstruction activities to help prepare planning, preliminary engineering, and alternatives analysis documents. Funding may also be used to procure and install monitoring equipment (e.g., auto samplers). States may also lend to non-profits under section 603(c)(11) of the CWA to provide assistance to small and medium sized publicly-owned treatment works in planning, design, and associated preconstruction activities related to emerging contaminants.

1.5 How does a state determine whether particular components of projects are eligible for the Bipartisan Infrastructure Law Emerging Contaminants pot of funding?

If the project component is integral to the emerging contaminant purpose of the project, then expenses related to that component may be drawn from the Bipartisan Infrastructure Law Emerging Contaminants pot of money. For example, if an existing water treatment plant is being upgraded to add PFAS treatment, but other components/upgrades are necessary at the plant to support this addition (in other words, the other upgrades are essential to the function or security of the PFAS treatment component being installed), then the additional components/upgrades are also eligible under the SRF Bipartisan Infrastructure Law Emerging Contaminants pot of funding.

1.6 To be eligible for CWSRF Emerging Contaminants funds, the emerging contaminant(s) to be addressed by the project must be identified. How can states identify emerging contaminants to demonstrate project eligibility?

Identification of emerging contaminants can be done through:
- Traditional sampling and analysis.
- For PFAS, qualitative assessments that upstream presence of facilities known or suspected to discharge PFAS, e.g., confirmation of an active discharger falling within the effluent limitation guideline (ELG) industry categories that likely formulate PFAS.
- For non-point sources, e.g., stormwater, the emerging contaminant(s) must be identified within the drainage area or the management area. The evaluation of the identification can be quantitative or qualitative assessments. The quantitative assessment is the traditional sampling and analysis from either the drainage area or the waterbody where discharge is collected. Qualitative assessments can include observation and identification of the emerging contaminant within the drainage area or management area. For example, identification of harmful algal blooms that produce cyanotoxins. This type of assessment can also be published information or data that identifies the emerging contaminant within that drainage area.
Note that CWSRF Emerging Contaminants funds cannot be used for the identification of emerging contaminants.

1.7 Are non-capital projects eligible under the general CWSRF funds?

The CWSRF can fund capital projects as well as planning and design where there is a reasonable expectation that it will result in a capital project. This includes activities such as monitoring where it is integral to the planning and design of a capital project. The planning/monitoring may result in a “no action” alternative being selected. Operations and maintenance (O&M) activities are not eligible for CWSRF assistance. More information can be found in question 1.4 above and the Overview of CWSRF Eligibilities (pdf) (1.35 MB)

1.8 Are any entities eligible for CWSRF funds outside of governments and utilities (e.g., 501(c)(3)s)?

Yes. Eligible assistance recipients are dependent on the project type. There are CWSRF project eligibilities for which entities other than municipal entities are eligible for funding. Both the assistance recipient and the project must be eligible in order to receive CWSRF funding. Additional information can be found in the Overview of CWSRF Eligibilities (pdf) (1.35 MB)

2. Landfill

2.1 What types of landfill projects are eligible for CWSRF Emerging Contaminants funding?

Eligible landfill projects could include landfill closure (e.g., capping) or landfill runoff and leachate collection and treatment that will reduce runoff contaminated with PFAS or other emerging contaminants. The modification/expansion of existing or construction of new publicly-owned landfills (local and regional) primarily designed and permitted (per state and federal regulations) to accept publicly-owned treatment work biosolids with emerging contaminants is also eligible. Collection and treatment of landfill leachate containing emerging contaminants may be an eligible project. The Town of Conway (New Hampshire) Landfill Leachate Treatment Emerging Contaminants Project is an example of this kind of project and can be reviewed along with other Case Studies of CWSRF Eligible Emerging Contaminants Projects. More information on eligible entities can be found in the Overview of CWSRF Eligibilities (pdf) (1.35 MB)
Contact your state SWSRF program to discuss specific project details and determine eligibility.

3. Contaminated Sites

3.1 What types of contaminated sites projects are eligible for CWSRF Emerging Contaminants funding?

Contaminated sites may include Brownfields, Superfund sites, and sites of current or former aboveground or underground storage tanks. Projects that address PFAS through capping, in-situ treatment, or removal of contaminated material as part of the implementation of a state nonpoint source management plan may be eligible.

4. Surface Water Protection

4.1 What types of surface water protection and restoration projects are eligible for CWSRF Emerging Contaminants funding?

Projects that address emerging contaminants in waterbodies include:
- Equipment for the physical or chemical removal of harmful algal blooms (HABs), for example, strategically placed aeration blowers to remove and control algal blooms or flocculant-based methods to facilitate algae removal.
- Projects that can skim surface water to remove microplastics along with other plastic pollutants.

5. Harmful Algal Blooms

5.1 Are Harmful Algal Blooms (HABs) an emerging contaminant?

Yes. Contaminants without water quality criteria established by EPA under CWA section 304(a) can be considered emerging contaminants (refer to the definition of emerging contaminants in question 1.1 above). CWSRF Emerging Contaminant fund-eligible projects to address HABs include purchasing and installing equipment for the physical or chemical removal of HABs. HABs removal could include strategically placed aeration blowers to remove and control algal blooms, or flocculant-based methods to facilitate algae removal. Removal or control of nutrients are eligible activities under the base or general supplemental CWSRF funds under the Bipartisan Infrastructure Law.

5.2 Is the treatment of cyanobacterial toxins resulting from HABs in a waterbody eligible for CWSRF Emerging Contaminants funds?

Yes, treatment of most cyanobacterial toxins resulting from HABs in a waterbody is eligible. Two cyanobacterial toxins (cylindrospermopsin and microcystins) have water quality criteria and would not be considered emerging contaminants. Cyanobacterial toxins with water quality criteria would not be eligible for CWSRF Emerging Contaminants funds but are eligible for base CWSRF funds.

6. Funding

6.1 What sources of funding may be used for emerging contaminant planning, monitoring, and assessment efforts?

Bipartisan Infrastructure Law funding: Under the Bipartisan Infrastructure Law, states have the flexibility to use up to an amount equal to 2 percent of their CWSRF capitalization grant for the purpose of hiring staff, nonprofit organizations, or regional, interstate, or municipal entities to assist rural, small, and tribal publicly-owned treatment works. The form of that assistance is flexible and could include, but is not limited to, community outreach, technical evaluation of wastewater solutions, preparation of applications, preliminary engineering reports, and financial documents necessary for receiving SRF assistance. For example, these funds could be used for a state staff position or eligible non-profit organization to assist rural, small, and tribal systems with emerging contaminant sampling and monitoring, including identification of emerging contaminant sources within the sewershed. This technical assistance could also include assisting the systems with understanding the monitoring results and identifying follow up actions, such as the need for capital projects to address the emerging contaminants.
Water Quality Management Planning Grants (604(b)): States can use all or a portion of the 604(b) grant funding from CWSRF base, supplemental, and emerging contaminants allotments to perform publicly-owned treatment works influent emerging contaminant monitoring, sewershed monitoring (emerging contaminant source identification), including hiring state staff to perform monitoring. States must develop a workplan for EPA review and approval describing activities or projects to be funded. In addition, the workplan developed by the state must show how the state is working with and providing at least 40 percent of the 604(b) funds to Regional Public Comprehensive Planning Organizations and interstate organizations. The Governor can request a waiver with the appropriate justification if this requirement cannot be met. The 604 (b) workplan must also show how disadvantaged communities will benefit from the proposed activity. For more information, see EPA’s Interim Implementation Guidelines for Clean Water Act Section 604(b) Water Quality Management Planning Grants for Fiscal Years 2022 through 2026.
Fees: States that charge SRF administrative fees can use nonprogram income to provide grants for monitoring to help build their project pipeline or pair with SRF funding where the SRF covers the eligible monitoring equipment. Fees may be used to pay for the lab analysis cost, staff, and other non-SRF eligible expenses.

6.2 What mechanisms are non-utility applicants using to provide a revenue stream in order to meet loan repayment requirements where user rates or fees are not available? For example, contaminated sites, Brownfields, Superfund sites, and sites of current or former aboveground or underground storage tanks.

Potential CWSRF borrowers must identify a dedicated repayment source, which need not come from the project itself, before a loan is approved. Finding a source of repayment may prove challenging for non-utility applicants. Some potential repayment sources include:
- Recreational fees (e.g., fishing licenses, entrance fees);
- Dedicated portions of local, county, or state taxes or fees;
- Stormwater utility fees;
- Fees paid by developers;
- Donations or dues made to nonprofit organizations;
- Individual or business revenues;
- Revenue from sustainable timber harvest or other forest products;
- Carbon and/or nutrient credits; and
- Downstream water users.
State CWSRF programs decide how repayment occurs when funding non-utility applicants and you should verify with your state CWSRF program staff the applicable lending terms for a nonutility funding agreement.

6.3 Has the individual state distribution of funding been determined?

Yes, the standard CWSRF allotment formula, established in the CWA, is used to determine the distribution of Bipartisan Infrastructure Law general supplemental and emerging contaminants funds to each state. See Attachment 1, Appendix A in EPA’s March 2022 Memorandum Implementation of the Clean Water and Drinking Water State Revolving Fund Provisions of the Bipartisan Infrastructure Law (pdf) (727 KB) for the FY 2022 state allocations. The fiscal year 2023 allotments are available in FY 2023 Procedures and Allotments for the Clean Water State Revolving Fund Provisions of the Bipartisan Infrastructure Law (pdf) (497.96 KB).

6.4 How is the type of fund (loan, subsidy, etc.) decided? Also, how is loan forgiveness determined?

Each state determines how subsidy is awarded. Consult your state CWSRF program for more information. All CWSRF Emerging Contaminants funding is awarded as 100 percent forgivable loan or grant.

6.5 Can you combine funding from CWSRF and DWSRF for different parts of a project? (i.e., DWSRF for removal of PFAS from water plant and CWSRF for its disposal.)

Yes, projects can be co-funded with the CWSRF and DWSRF, as long as the project components/activities are eligible for assistance from each respective program. More information can be found in question 1.2 above and in the Overview of CWSRF Eligibilities.

7. Monitoring

7.1 Can the CWSRF Emerging Contaminants funds be used to conduct monitoring?

While water quality monitoring activities (including monitoring of PFAS associated with NPDES permit or pretreatment requirements) at publicly-owned treatment works are generally not eligible, monitoring for the specific purpose of project development (planning, design, and construction) is eligible. Monitoring in this capacity, and within a reasonable timeframe, can be integral to the identification of the best solutions (through an alternatives analysis) for addressing emerging contaminants and characterizing discharge and point of disposal. Though ideally the planning and monitoring for project development would result in a CWSRF-eligible capital project, in some instances, the planning could lead to outcomes other than capital projects to address the emerging contaminants. For nonpoint source projects, funding may also be used to assess project effectiveness after construction. Source identification to assess where a pollutant originates is not eligible for CWSRF funds.
Examples of eligible planning and monitoring activities/costs could include:
- Purchase of monitoring or laboratory analysis equipment.
- Monitoring to characterize stormwater or wastewater to inform an engineering report and the identification and selection of the appropriate treatment technology/project alternatives. Wastewater characterization may already be a current requirement in some states for wastewater treatment system project planning. For example, the State of Washington Department of Ecology’s Criteria for Sewage Works Design requires Engineering Reports to contain a statement of the present and expected future quantity and quality of wastewater, including any industrial wastes which may be present or expected in the sewer system.
- Trunkline analysis to the influent of the publicly-owned treatment work to assess where the majority of emerging contaminant load is in order to place a treatment at that trunkline or divert the flow to a treatment system prior to it reaching the publicly-owned treatment work influent.
- Monitoring of wastewater influent/effluent/sludge to determine the fate of PFAS, antimicrobial resistant bacteria, or other emerging contaminants, to inform the identification and selection of the appropriate treatment technology.
When monitoring is approved as part of project development, a timeline should be established to ensure monitoring occurs when contaminants are most likely to be present and the presence of an emerging contaminant is confirmed. Monitoring should be limited to one year where feasible to allow timely development of the project.

7.2 Can a state agency use funding from CWSRF Emerging Contaminants capitalization grant to purchase lab equipment to identify and monitor PFAS and/or emerging contaminants?

CWSRF Emerging Contaminants funding can be awarded to a state's public health and environmental lab to purchase laboratory equipment for analyzing emerging contaminants in wastewater from publicly-owned treatment works, stormwater, or nonpoint sources. The sampling and analysis, including operation and maintenance, are not eligible activities under CWSRF Emerging Contaminants funds. Contact your state CWSRF program.

7.3 Can SRF funds be used for temporary staffing for monitoring?

No. More information on eligible monitoring activities can be found in question 7.1 above.

8. Stormwater

8.1 What types of stormwater projects are eligible for CWSRF Emerging Contaminants funding?

In areas that are impaired or impacted by emerging contaminants based on previous monitoring efforts, projects that manage, reduce, treat, or recapture stormwater are eligible for CWSRF assistance if they demonstrate a water quality benefit. A treatment technology or other stormwater control measure that will remove or shows promise to remove the identified emerging contaminant(s) must be selected to be eligible. Monitoring during the startup period to assess project effectiveness is eligible and EPA encourages treatment effectiveness be part of the project. Some examples of eligible stormwater projects include:
- Construction of structures at industrial facilities to cover PFAS-containing materials that would otherwise be exposed to and transported in stormwater.
- Development of a stormwater plan to identify capital projects that address emerging contaminants.
- Purchase and installation of sampling equipment for industrial and municipal stormwater.
- Purchase and installation of mesh screens and containment systems designed to capture and remove microplastics from industrial and municipal stormwater.
- Installation of stormwater controls designed to filter and remove microplastics from stormwater.
- Purchase of a vacuum or vacuum-type system to pick up microplastics to prevent flushing into stormwater.
- Installation of stormwater controls designed to collect and capture emerging contaminants like 6PPD-quinone in stormwater discharges.

8.2 Over the life of the CWSRF program, only a very small percentage of the funding has gone to fund stormwater projects. Is EPA planning a targeting outreach program to promote CWSRF funding applications from stormwater programs so that a more appropriate portion of the CWSRF Emerging Contaminants funding goes to stormwater projects? If yes, how should stormwater professionals access that outreach program?

Stormwater projects are eligible for CWSRF Emerging Contaminants funds and each state determines how the funding is prioritized and awarded for projects. EPA encourages states to fund stormwater projects and provides tools to states to better promote the use of CWSRF funds for stormwater projects, including the Stormwater Smart Outreach Tools. As states fund projects with CWSRF Emerging Contaminants funds, EPA will continue to share factsheets, examples, best practices, and ideas for stormwater projects. The Case Studies of CWSRF Eligible Emerging Contaminants Projects has an example stormwater project available for review: Central Oklahoma Master Conservancy District Lake Thunderbird Emerging Contaminants Assessment Project.

9. Pretreatment

9.1 Are pretreatment projects eligible for CWSRF Emerging Contaminants funds?

It depends on what is meant by the term, “pretreatment.”
Activities related to the implementation of an industrial pretreatment program, as described in 40 CFR 403.8, including source identification and control, are not eligible for CWSRF assistance. Industrial pretreatment program implementation is more closely aligned with the ongoing operation and maintenance of a publicly-owned treatment work than a CWSRF eligible capital project.
Publicly-owned infrastructure, designed to pretreat wastewater or nonpoint sources of pollution entering a publicly-owned treatment work, or other publicly-owned facility, is CWSRF-eligible. These projects could be termed, “capital pretreatment projects.” In some instances, planning, design, or construction of infrastructure to be used onsite at privately owned industrial facilities to pretreat industrial wastewater prior to discharge to the publicly-owned treatment work may be eligible.
To further illustrate the types of capital pretreatment projects that are eligible for CWSRF assistance, the following examples have been provided:
- Per CWA section 603(c)(1), CWSRF assistance may be provided “to any municipality, intermunicipal, interstate, or state agency for the construction of publicly-owned treatment works.” Capital pretreatment projects, including planning and design, at a publicly-owned treatment work are eligible. Additionally, industrial pretreatment of wastewater from a publicly-owned industry is eligible. For example, if a publicly-owned treatment work is receiving concentrated backwash from a publicly-owned water system, pretreating this backwash prior to discharge to the publicly-owned treatment work would be eligible. Another example is industrial pretreatment of landfill runoff or leachate from a publicly-owned landfill. Collection and pretreatment of these waste streams prior to discharge to the publicly-owned treatment work would be eligible for CWSRF assistance.
- Per CWA section 603(c)(3), assistance may be provided “for the development and implementation of a conservation and management plan under section 320.” Capital pretreatment projects that implement a National Estuary Comprehensive Conservation and Management Plan are eligible. This includes projects at publicly-owned treatment works and privately-owned industrial facilities.
- Per CWA section 603(c)(8), assistance may be provided to any municipality or intermunicipal, interstate, or state agency for measures to reduce the energy consumption needs of a publicly-owned treatment work. An example of this would be capital pretreatment projects that reduce the flow rate of wastewater received at a publicly-owned treatment work or reduce pollutant constituents in indirect discharges that are received by a publicly-owned treatment work beyond pretreatment standards.
- Per CWA section 603(c)(9), CWSRF assistance may be provided to any borrower for projects that reuse or recycle wastewater from an indirect discharge.
CWSRF-eligible capital pretreatment projects that address identified emerging contaminants are eligible for CWRSF Emerging Contaminants funds.

10. Environmental Justice

10.1 Does anyone have successful efforts in engaging with or effectively reaching communities with environmental justice concerns specifically to direct funds to these communities?

The SRFs are managed by our state partner agencies. These agencies may have developed outreach for environmental justice communities. Contact your state CWSRF program for additional information. EPA has emphasized the importance of outreach to communities that are disadvantaged or face environmental justice concerns. See EPA’s March 2022 memorandum, Implementation of the Clean Water and Drinking Water State Revolving Fund Provisions of the Bipartisan Infrastructure Law (pdf) (727 KB) for additional information. In addition, EPA is exploring outreach options to reach environmental justice communities through technical assistance funding made directly available to EPA from the Bipartisan Infrastructure Law. Information on this effort can be found at Water Technical Assistance.