Frequently Asked Questions about the Emerging Contaminants in Small or Disadvantaged Communities Grant Program

Last updated on: May 1, 2023

FAQs on this Page:

1. Who is eligible to apply for the grant? 
2. What is an Emerging Contaminant?
3. Can I apply to the BIL EC SDC grant program as well as other water grant/loan programs such as the DWSRF and WIIN SUDC programs? 
4. What types of projects are eligible for BIL EC-SDC funding?
5. Are there set-asides or administrative caps for the use of EC-SDC funds?
6. What kinds of planning and assessment activities are eligible for BIL emerging contaminant funding?
7. Can EC-SDC funds be used to cover the costs associated with testing to comply with the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5)?
8. How does a state determine whether particular components of projects are eligible for the BIL Emerging Contaminant pot of funding?
9. Can the funds be used for private wells?
10. Does the Build America Buy America (BABA) Act apply to the BIL EC-SDC grant program?
11. What is the role of States in ensuring compliance with BABA in implementation of the EC-SDC program? 
12. Do I qualify for a BABA waiver?
13. How do I apply for a BABA waiver?
14. Does the Brooks Act apply to the BIL EC-SDC grant program? 
15. Will a NEPA review be required?
16. Are PFAS/PFOAS-focused projects still eligible for EC-SDC grant funding despite the recent final announcement of National Primary Drinking Water Regulation (NPDWR) for six PFAS?

1. Who is eligible to apply for the grant? 
   1. The Grant Program is a noncompetitive program. Eligibility to apply for and receive EC-SDC funds for states and territories is limited to the geographical 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 
2. What is an Emerging Contaminant?
   1. To be eligible to receive EC-SDC grant program funds, a project must be otherwise eligible and the primary purpose must be to address one or more emerging contaminants in drinking water. Projects that address any contaminant listed on any of EPA’s Contaminant Candidate Lists are eligible (i.e., CCL1, 2, 3, 4, 5).  States may request consideration of other contaminants that they find to be of concern in the state. States contemplating this are encouraged to contact EPA to discuss it prior to submitting their application. 

              Click here for the EPA’s Contaminant Candidate Lists.

1. Can I apply to the BIL EC SDC grant program as well as other water grant/loan programs such as the DWSRF and WIIN SUDC programs? 
   1. Yes, states are eligible to apply to other EC funding programs. However, recipients must comply with respective funding program reporting requirements and maintain separate recordkeeping practices for each program. 
2. What types of projects are eligible for BIL EC-SDC funding?
   1. States may use funding to implement projects or activities that assist public water systems serving small or disadvantaged communities to address one or more emerging contaminants, including PFAS, in drinking water. Examples of eligible activities under Section 1459A of SDWA9 that can be funded under the EC-SDC Grant Program can be found in Appendix D of the Implementation Manual
3. Are there set-asides or administrative caps for the use of EC-SDC funds?
   1. “Administrative costs” is category that encompasses indirect costs, and some of our programs have statutory limits on the use of program funds for administrative costs, including indirect costs.  For example, this is true of the 319 program as well as the Lead Testing in Schools program at SDWA 1464(d)(5). The EC-SDC program does not have statutory limitations on administrative costs. In the absence of any statutory limitation on administrative costs, we would defer to our indirect cost rate term and condition as well as our IDC policy to approve recipient indirect cost rates.  This is covered in our general term and condition #17.
4. What kinds of planning and assessment activities are eligible for BIL emerging contaminant funding?
   1. Examples include, but are not limited to the following:         
      1. Developing emerging contaminant action plans 
      2. Preliminary engineering reports
      3. Alternatives analyses
      4. Preliminary and final design
      5. Climate and cybersecurity risk assessment
      6. Energy efficiency analyses
      7. Source water protection plans and plan updates
      8. Environmental and archaeological review, including the costs to hire a cultural resources management firm if required based upon archaeological or historic issues discovered during the environmental review process
      9. Permit fees
5. Can EC-SDC funds be used to cover the costs associated with testing to comply with the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5)?
   1. No. Although EC-SDC funds can be used to conduct non-routine/non-compliance monitoring to identify the presence, source, or extent of EC contaminations in water systems or source water, monitoring for the UCMR5 would be considered “compliance monitoring,” which is not eligible for funding under the EC-SDC program.
6. How does a state determine whether particular components of projects are eligible for the BIL Emerging Contaminant pot of funding?
   1. State must develop a workplan with communities and grantees to submit an application in Grants.gov. 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 BIL EC-SDC 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 BIL EC SDC funding.
7. Can the funds be used for private wells?
   1. In March 2024, Congress made a legislative change in the FY 2024 Consolidated Appropriations Act to include “owners of drinking water wells that are not public water systems or connected to a public water system” as eligible beneficiaries of FY24 funds awarded to states through grant programs under SDWA sections 1459A(a)-(j), which includes the EC-SDC grant program.
8. Does the Build America Buy America (BABA) Act apply to the BIL EC-SDC grant program?
   1. Yes. For BIL EC-SDC recipients, BABA introduces domestic preference requirements for iron and steel, construction materials, and manufactured goods. EPA released implementation procedures for BABA compliance for federal water infrastructure grant funding programs in November 2022. EPA recognizes this is a new and complex law and will work closely with states, tribes, and territories on technical assistance, compliance, and training. 
9. What is the role of States in ensuring compliance with BABA in implementation of the EC-SDC program? 
   1. States are expected to: 
      1. Inform BIL EC-SDC grant recipients of the BABA domestic preference requirements and/or waiver eligibilities. EPA will work with states to develop and provide information to BIL EC-SDC recipients. 
      2. Assist with overseeing BABA implementation across state BIL EC-SDC-funded projects, as applicable, and relay detailed information, as provided by EPA and the Office of Management and Budget, on BABA compliance requirements, flexibilities, and processes to recipients. 
      3. Collaborate with EPA and industry to incentivize and grow domestic supply chains and U.S. manufacturing capacity for products essential to drinking water infrastructure. 
      4. Educate funding recipients about their eligibility for waivers and provide help applying for waivers. EPA will develop appropriate waivers and processes to facilitate compliance with these requirements. 
      5. Adhere to the performance and reporting requirements as determined under the Uniformed Grant Guidance under 2 CFR 200 and 1500, as well as part of the terms and conditions of the receipt of the awarded funds.  States will be provided with oversight of grant progress by the EPA and its Regional EPA Offices. 
10. Do I qualify for a BABA waiver?
    1. The following waivers are currently available. More detailed information can be found on the agency’s webpage for BABA- https://www.epa.gov/cwsrf/build-america-buy-america-baba. 
       1. Selected Programs* - On September 2, 2022, a six-month Temporary Public Interest Waiver for Selected EPA Funding Programs in the Office of Water was approved. This waiver allowed EPA more time to prepare as well as states, industry, and other partners to begin developing compliance processes. 
       2. Minor Components (Comment Period Closes February 3, 2023) - This waiver would allow manufacturers of iron and steel products to utilize a small portion (up to five percent by product material cost) of nondomestic or unknown origin iron and steel minor components within their otherwise domestically manufactured iron and steel products.  
       3. De Minimis - for products used in and incorporated into a project that cumulatively comprise no more than five percent of the total project cost. This waiver is not additive with the existing American Iron and Steel national de minimis waiver.
       4. Small Projects - assistance agreements or subawards under assistant agreements less than $250,000.
       5. *The Selected Programs Waiver sunsetted on March 2, 2023. We encourage you to review the available resources as you work towards developing workplans, budget narratives, etc.  
11. How do I apply for a BABA waiver?
    1. We have established a grant inbox for the purpose of questions and receiving waiver requests. Please do not hesitate to reach out to the grants team points of contact at HQ or send your questions/requests to  [email protected]. 
12. Does the Brooks Act apply to the BIL EC-SDC grant program? 
    1. No. The Brooks Act is the name for the federal A&E procurement requirements at 40 CFR Ch. 11 that the Clean Water State Revolving Fund (CWSRF) must use (and it would also apply to community grants for clean water projects that must apply the same requirements as the CWSRF).  It only applies to the CWSRF and not the DWSRF or the EC-SDC program because it is only included in the Clean Water Act at 33 USC 1382(b)(14) as a requirement and is not included in the Safe Drinking Water Act (SDWA) as a requirement for any of our grant programs.  
13. Will a NEPA review be required?
    1. Certain EPA actions are exempt from the procedural requirements of NEPA through the functional equivalence doctrine. All states should work with their respective EPA regional program offices to determine requirements under NEPA.
14. Are PFAS/PFOAS-focused projects still eligible for EC-SDC grant funding despite the recent final announcement of National Primary Drinking Water Regulation (NPDWR) for six PFAS?  
    1. The EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS on April 10th, 2024. Given stated Congressional intent of this appropriation, PFAS-focused projects are still eligible for funding under this appropriation. More information on PFAS is located here: https://www.epa.gov/pfas.