81 FR 91890 - Fees for Water Infrastructure Project Applications Under WIFIA
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 243 (December 19, 2016)
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91890-91894 | |
| FR Document | 2016-30192 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Proposed Rules] [Pages 91890-91894] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30192] [[Page 91890]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 35 [EPA-HQ-OW-2016-0568; FRL 9953-23-OW] RIN 2040-AF64 Fees for Water Infrastructure Project Applications Under WIFIA AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: EPA is proposing to establish fees related to the provision of federal credit assistance under Subtitle C of the Water Resources Reform and Development Act of 2014 (WRRDA), which is referred to as the Water Infrastructure Finance and Innovation Act of 2014 (WIFIA). WIFIA authorizes EPA to provide secured (direct) loans and loan guarantees to eligible water infrastructure projects and to charge fees to recover all or a portion of the Agency's cost of providing credit assistance and the costs of retaining expert firms, including financial, engineering, and legal advisory services, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. The agency seeks comment on all aspects of this proposal. DATES: Comments must be received on or before February 17, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW- 2016-0568, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Jordan Dorfman, Water Infrastructure Division, Office of Wastewater Management, Mail Code 4201C, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC, 20460; telephone number: (202)564-0614; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This action only applies to entities seeking credit assistance under the WIFIA program for the development and construction of a water infrastructure project. EPA has published an interim final rule to implement this new credit assistance program in the ``Rules and Regulations'' section of this Federal Register. A list of eligible entities and eligible projects can be found in the Interim Final Rule entitled, ``Credit Assistance for Water Infrastructure Projects.'' This interim final rule is available at Docket ID No. EPA-HQ-OW-2016-0569, at http://www.regulations.gov. B. What should I consider as I prepare my comments for EPA? Submitting Confidential Business Information (CBI). Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk, CD-ROM, or flash drive that you mail to EPA, mark the outside of the disk, CD-ROM, or flash drive as CBI and then identify electronically within the disk, CD-ROM, or flash drive the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Tips for preparing your comments. When submitting comments, remember to:Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). Follow directions. The Agency may ask you to respond to specific questions. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. Describe any assumptions and provide any technical information and/or data that you used. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. Provide specific examples to illustrate your concerns and suggest alternatives. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. Make sure to submit your comments by the comment period deadline identified. II. Background A. What action is the Agency taking? EPA is proposing to establish fees associated with the provision of federal credit assistance under the WIFIA program. WIFIA authorizes EPA to provide secured (direct) loans and loan guarantees to eligible water infrastructure projects. EPA has published an Interim Final Rule entitled, ``Credit Assistance for Water Infrastructure Projects'' to establish procedures for the implementation of the WIFIA Program. As specified under 33 U.S.C. 3908(b)(7), 3909(b), and 3909(c)(3), Congress in WIFIA authorizes EPA to charge fees to recover all or a portion of the Agency's cost of providing credit assistance and the costs of retaining expert firms, including financial, engineering, and legal advisory services, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. EPA is proposing an application fee, credit processing fee, servicing fee, and fee for extraordinary expenses to cover these costs to the extent not covered by congressional appropriations. B. What is the Agency's authority for taking this action? This proposed rule is issued under the authority of 33 U.S.C. 3908(b)(7), 3909(b), 3909(c)(3), and 3911. C. What fees are being proposed? In the Interim Final Rule entitled, ``Credit Assistance for Water Infrastructure Projects,'' EPA established an application process for WIFIA credit assistance that is divided into two steps. The first step requires the submission of a letter of interest. No fees are proposed for the letter of interest step. Projects selected to continue in the application process will then be invited to submit an application at which time the application fee must be paid. For this second step, EPA will [[Page 91891]] only select those projects that it expects might reasonably proceed to closing. For more information on this process, please refer to the WIFIA Implementation Rule at 40 CFR part 35 subpart Q or in Docket ID No. EPA-HQ-OW-2016-0569, at http://www.regulations.gov. Consequently, EPA anticipates that the fees proposed in this notice would apply only to projects the Agency expects are likely to proceed to closing. Detailed application information will be contained in a program guide developed by EPA and will be posted on the WIFIA Web site and made available to the public at the time a solicitation for letters of interest is published. This two-step process limits the time, cost and effort required to be expended by prospective borrowers prior to having a reasonable expectation of funding by WIFIA. While this rule, and the interim final WIFIA Implementation Rule, have separate processes for comments, EPA is aware that the similar timelines for comment and the relationship between the two rules may cause confusion. Therefore, in the event that comments are received for this rule under the heading of the interim final rule, or vice versa, EPA will consider all comments and respond accordingly. As described in greater detail below, the types of fees EPA is proposing to establish are consistent with other Federal Credit programs. In particular, the WIFIA program was designed by Congress to resemble the Transportation Infrastructure Finance and Innovation Act program, commonly known as TIFIA. Accordingly, to the extent practicable, the WIFIA program has been crafted by EPA to be implemented in a similar manner as the Department of Transportation implements the TIFIA program. The rationale for establishing these fees is to cover EPA's costs of administering the program to the extent these costs are not covered by congressional appropriations. To effectively administer the program, EPA will incur both internal administrative costs (staffing, program support contracts, and other costs) as well as the costs of retaining expert firms, including legal, engineering, and financial advisory services, in the field of municipal and project finance, to assist in the underwriting of the Federal credit instrument. As explained in greater detail below, the latter costs may range from $350,000-$700,000 per project, though EPA cannot provide assurance that costs will not exceed this range. Assuming 10 loans at an average of $100 million per loan, external expert costs alone could be in the range of $3.5 million to $7 million, and those costs could be higher if a larger number of loans (with a smaller average loan size) were made. The combination of EPA's internal administrative costs and these external expert costs would not be fully covered by the $2.2 million set aside for administrative costs in WIFIA. To the extent Congress does not appropriate funds to cover these program costs, EPA will need to exercise its authority under WIFIA to recover such costs through fees in order to effectively administer the program. In many lending contexts, such fees can be reimbursed as part of the principal of the loan. WIFIA, however, prohibits this by not including such fees as eligible project costs. However, other sources of financing can finance the fees. WIFIA assistance can only pay for up to 49% of eligible project costs. The remaining costs must be borne by the borrower, either internally or through another financing source. While fees cannot be used to calculate the amount eligible for WIFIA financing, the fees can still be reimbursed from other sources. While the ability to finance fees with a WIFIA loan could reduce the burden on applicants by allowing the reimbursement for these costs by the loan proceeds, EPA's reading of the statute is that this would require amendment to the WIFIA statute or specific authorizing language in an appropriations bill. Application Fee EPA is proposing to require a non-refundable fee for each project that is invited to submit a full application (second step following submission of letter of interest) for credit assistance under WIFIA. EPA is proposing that an application fee will be due upon submission of the application. For fiscal year 2017, EPA is proposing an application fee of $25,000 for applications for projects serving small communities (population of not more than 25,000 people). For all other project applications, EPA is proposing an application fee of $100,000. As proposed, these application fees represent an amount equal to 0.5 percent of the minimum threshold project cost ($5 million for small communities and $20 million for larger communities, 33 U.S.C. 3907(a)(2)), which EPA considers to be sufficient for the Agency to begin the financial and legal analysis of the project while providing assurance that the applicant intends to proceed to closing, and therefore costs incurred by the Agency may be recovered. EPA will undertake significant costs to evaluate applications and hire expert firms for underwriting and considers an application fee essential for applicants to show good faith in applying for assistance, to help cover the agency's administrative costs in processing applications, and to ensure effective administration of the program. EPA proposes that these fees be required at the time of submission of the full application and that the full application will not be reviewed without fee payment. Because EPA will only invite projects to submit an application and application fee if the project is expected to proceed to closing, no applicant would pay a fee without a reasonable expectation that the project could receive funding. For fiscal years 2018 and beyond, the Agency may need to adjust the amount of the application fee based on early program implementation experience. A change in the application fee will not change the total fees charged, only the initial fee which is credited to the final fee at closing, or in the event that the project does not proceed to closing, withdrawal of the application, or denial. EPA seeks comment on proposed regulatory language that would authorize the Agency to change the default application fee in subsequent years through the NOFA. In addition, EPA seeks comment on whether changes to the application fee should be made through notice and comment or, alternatively, whether the agency should establish any criteria or constraints for adjustment of this fee through NOFAs and, if so, what those should be. Credit Processing Fee EPA is also proposing to require a credit processing fee at the time of closing, or in the event that the project does not proceed to closing, e.g., if the application is withdrawn or denied, for projects selected to receive assistance in the form of a direct cash payment. The proceeds of any such fees would be used to pay the remaining portion of the Agency's cost of providing credit assistance and the costs of retaining expert firms, including legal, engineering, and financial advisory services, in the field of municipal and project finance to assist in the underwriting of the Federal credit instrument. EPA proposes that the initial application fee described above would be credited to the credit processing fee. For example, if the total credit processing fee is $400,000 and the applicant paid $100,000 with the application, $300,000 would be due at closing, or in the event that the project does not proceed to closing, e.g., if the application is withdrawn or denied. The fee for each project would be set based on the costs incurred by EPA for that [[Page 91892]] specific project. Due to the nature of credit processing, the amount is expected to vary among applicants. This variation is a reflection of the amount of time taken to process a loan, which may not directly correlate with the size of the loan. More complicated transactions with lengthy negotiations will have higher costs. EPA estimates these costs could be in the range of approximately $350,000-$700,000 per project, broken down as follows: Financial advisor: $100,000 to $250,000 per project; Law firm: $200,000 to $350,000 per project; and Engineering firm: $50,000 to $100,000 per project. EPA is proposing to authorize the waiver of a portion of the fee charged to an applicant in the event that Congress appropriates resources adequate to pay for EPA's cost of administering the WIFIA program as well as additional funding to pay for loan processing. WIFIA currently provides that EPA may retain $2.2 million annually from funds appropriated to the program to pay for the administration of the program, including internal administrative costs of staffing, program support contracts (separate from the expert advisory services described previously), and other internal administrative needs. EPA requests comment on including a provision in the final rule allowing EPA to waive fees. To the extent Congress appropriates administrative funds in excess of those needed for EPA's internal administrative costs, EPA is proposing to authorize the use of the remaining available administrative allowance (less any amount needed for future years' administration) to reduce fees. EPA is proposing three alternative methods by which the Agency could allocate additional administrative funds to reduce fees: By reducing fees by an equal amount per loan in the relevant year; By reducing fees by an equal amount per loan for those projects serving a population of not more than 25,000; or By reducing fees by an equal amount per loan for those projects that serve a population with a median household income that is 80 percent or less of the state median household income. Alternatively, EPA could allocate such fee reductions through a combination of these three methods. EPA requests comment on each of these potential options or other potential approaches not discussed here. In the final rule, the Agency would expect to include regulatory text addressing criteria for allocating fee reductions. Servicing Fee EPA is also proposing to charge an annual servicing fee during repayment of the loan. The fee will be dependent on the costs of servicing the credit instrument as determined by the Administrator. EPA proposes that such fees would be set at a level to enable the Agency to recover all or a portion of the costs to the Federal Government of servicing WIFIA credit instruments and will be determined at the time of closing. EPA expects such fees to range from $12,000 to $15,000 annually per loan. Extraordinary Expenses EPA is also proposing a fee to cover extraordinary expenses. In the event that a borrower experiences difficulty relating to technical, financial, or legal matters or other events (e.g., engineering failure or financial workouts) which require EPA to incur time or expenses beyond standard monitoring, EPA will be entitled to payment in full from the borrower of additional fees in an amount determined by EPA and of related fees and expenses of its independent consultants and outside counsel, to the extent that such fees and expenses are incurred directly by EPA and to the extent such third parties are not paid directly by the borrower. Optional Supplemental Fee EPA is also proposing to allow a separate fee to be charged, with agreement of the applicant, to reduce the budget authority required to fund the credit instrument. Although EPA considers it unlikely that a scenario will arise under which it would assess such a fee, the Agency sees benefit in establishing the flexibility to allow an applicant to ``buy down'' the budget authority required for the credit instrument. This could allow an applicant to proceed to closing in the event that sufficient budget authority would not otherwise be available. EPA proposes that any such fee would only be charged upon agreement by an applicant. Request for Comment EPA requests comment on each of the proposed fees described above, including whether to establish such fees, proposed fee levels or approaches for calculating fees, and potential criteria and methodologies for waiving all or a portion of such fees in the event that Congress appropriates sufficient funds to permit such a waiver. In particular, EPA requests comments on prospective borrowers' ability to pay these fees, the use of an upfront application fee, and options for applicants to finance fees. EPA also requests comment on the proposed reduced application fee for small communities and the extent to which this fee reduction is adequate to ensure small communities can effectively access the WIFIA program. EPA understands that payment of fees may be difficult for some applicants and requests comment on potential approaches that could address such concerns while allowing EPA to recover its costs to ensure effective and sustainable administration of the WIFIA program. III. Statutory and Executive Orders Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is a significant regulatory action that was submitted to the Office of Management and Budget (OMB) for review. This rule has been determined significant because it affects the rights and obligations of recipients of a loan program and raises novel legal or policy issues arising out of a legal mandate. Any changes made in response to OMB recommendations have been documented in the docket. B. Paperwork Reduction Act This action does not impose an information collection burden under the PRA because this proposal would merely establish fees associated with a previously promulgated rule. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves this ICR, the Agency will announce that approval in the Federal Register and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in this final rule. C. Regulatory Flexibility Act I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a [[Page 91893]] substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. Participation in the WIFIA loan program is voluntary. While many projects serving small communities are potentially eligible for WIFIA loans, we anticipate only one to two small community applications per year as small communities have access to below market rate loans and other subsidies through the Clean Water State Revolving Fund, the Drinking Water State Revolving Fund, and other funding sources. A small community will only apply and undertake a WIFIA loan in cases where the WIFIA loan provides positive economic benefits relative to other potential funding sources, based upon consideration of relevant economic factors, including loan rate, loan terms, fees and other transaction costs. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. While a tribal government, or a consortium of tribal governments may apply for WIFIA credit assistance, this action does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because environmental health or safety risks are not addressed by this action. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not a ``significant energy action'' because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. This rulemaking simply imposes fees required to apply for credit assistance; therefore, by itself, this rulemaking will not have any effect on the supply, distribution or use of energy. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. K. National Environmental Policy Act Each project obtaining assistance under this program is required to adhere to the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). This rulemaking simply imposes fees required to apply for credit assistance; therefore, by itself, this rulemaking will not have any effect on the quality of the environment. List of Subjects in 40 CFR Part 35 Environmental protection, Reporting and recordkeeping requirements, and Water finance. Dated: December 6, 2016. Gina McCarthy, Administrator. For the reasons set forth in the preamble, EPA proposes to amend 40 CFR part 35 as follows: PART 35--STATE AND LOCAL ASSISTANCE 0 1. The authority citation for part 35 continues to read as follows: Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200. 0 2. Add Sec. 35.10080 to read as follows: Sec. 35.10080 Fees. (a) Application fee. EPA will require a non-refundable application fee for each project applying for credit assistance under the WIFIA program. An application fee will be due upon submission of the complete application. For applications for projects serving small communities (population of not more than 25,000 people), this application fee will be $25,000. For all other applications, this application fee will be $100,000. The initial application fee will be credited to the credit processing fee required under subsection (c). (b) Adjustment of application fee. For each application and approval cycle, EPA may adjust the amount of the application fee described in subsection (a) based on program implementation experience and cost expectations. EPA will publish this amount in each Federal Register solicitation for letters of interest. (c) Credit processing fee. Except as otherwise provided in subsection (f), EPA will require an additional credit processing fee for projects selected to receive WIFIA assistance upon closing, or in the event that the project does not proceed to closing, e.g., if the application is withdrawn or denied. The proceeds of any such fees will be used to pay the remaining portion of the Agency's cost of providing credit assistance and the costs of retaining expert firms, including financial, engineering, and legal advisory services, in the field of municipal and project finance, to assist in the underwriting of the Federal credit instrument. All of, or a portion of, this fee may be waived. (d) Servicing fee. EPA will require borrowers to pay a servicing fee for each credit instrument approved for funding. Separate fees may apply for each type of credit instrument (e.g., a loan guarantee, a secured loan with a single disbursement, or a secured loan with multiple disbursements), depending on the costs of servicing the credit instrument as determined by the Administrator. Such fees will be set at a level sufficient to enable the EPA to recover all or a portion of the costs to the Federal Government of servicing WIFIA credit instruments. (e) Optional supplemental fee. If, in any given year, there is insufficient budget authority to fund the credit instrument for a qualified project that has been selected to receive assistance [[Page 91894]] under WIFIA, EPA and the approved applicant may agree upon a supplemental fee to be paid by or on behalf of the approved applicant at the time of execution of the term sheet to reduce the subsidy cost of that project. No such fee may be included among eligible project costs. (f) Reduced fees. To the extent that Congress appropriates funds in any given year beyond those sufficient to cover internal administrative costs, EPA may utilize such appropriated funds to reduce fees that would otherwise be charged under subsection (c). (g) Extraordinary expenses. EPA may require payment in full by the borrower of additional fees, in an amount determined by EPA, and of related fees and expenses of its independent consultants and outside counsel, to the extent that such fees and expenses are incurred directly by EPA and to the extent such third parties are not paid directly by the borrower, in the event that a borrower experiences difficulty relating to technical, financial, or legal matters or other events (e.g., engineering failure or financial workouts) which require EPA to incur time or expenses beyond standard monitoring. [FR Doc. 2016-30192 Filed 12-16-16; 8:45 am] BILLING CODE 6560-50-P
![91890 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Proposed Rules
ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ • Describe any assumptions and
AGENCY commenting-epa-dockets. provide any technical information and/
FOR FURTHER INFORMATION CONTACT: or data that you used.
40 CFR Part 35 Jordan Dorfman, Water Infrastructure • If you estimate potential costs or
Division, Office of Wastewater burdens, explain how you arrived at
[EPA–HQ–OW–2016–0568; FRL 9953–23– Management, Mail Code 4201C, your estimate in sufficient detail to
OW] allow for it to be reproduced.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington, • Provide specific examples to
RIN 2040–AF64
DC, 20460; telephone number: illustrate your concerns and suggest
Fees for Water Infrastructure Project (202)564–0614; email address: alternatives.
Applications Under WIFIA dorfman.jordan@epa.gov. • Explain your views as clearly as
SUPPLEMENTARY INFORMATION: possible, avoiding the use of profanity
AGENCY: Environmental Protection or personal threats.
Agency (EPA). I. General Information • Make sure to submit your
ACTION: Proposed rule. A. Does this action apply to me? comments by the comment period
deadline identified.
SUMMARY: EPA is proposing to establish This action only applies to entities
fees related to the provision of federal seeking credit assistance under the II. Background
credit assistance under Subtitle C of the WIFIA program for the development A. What action is the Agency taking?
Water Resources Reform and and construction of a water
Development Act of 2014 (WRRDA), infrastructure project. EPA has EPA is proposing to establish fees
which is referred to as the Water published an interim final rule to associated with the provision of federal
Infrastructure Finance and Innovation implement this new credit assistance credit assistance under the WIFIA
Act of 2014 (WIFIA). WIFIA authorizes program in the ‘‘Rules and Regulations’’ program. WIFIA authorizes EPA to
EPA to provide secured (direct) loans section of this Federal Register. A list provide secured (direct) loans and loan
and loan guarantees to eligible water of eligible entities and eligible projects guarantees to eligible water
infrastructure projects and to charge fees can be found in the Interim Final Rule infrastructure projects. EPA has
to recover all or a portion of the entitled, ‘‘Credit Assistance for Water published an Interim Final Rule
Agency’s cost of providing credit Infrastructure Projects.’’ This interim entitled, ‘‘Credit Assistance for Water
assistance and the costs of retaining final rule is available at Docket ID No. Infrastructure Projects’’ to establish
expert firms, including financial, EPA–HQ–OW–2016–0569, at http:// procedures for the implementation of
engineering, and legal advisory services, www.regulations.gov. the WIFIA Program. As specified under
in the field of municipal and project 33 U.S.C. 3908(b)(7), 3909(b), and
B. What should I consider as I prepare 3909(c)(3), Congress in WIFIA
finance to assist in the underwriting and my comments for EPA?
servicing of Federal credit instruments. authorizes EPA to charge fees to recover
The agency seeks comment on all Submitting Confidential Business all or a portion of the Agency’s cost of
aspects of this proposal. Information (CBI). Do not submit this providing credit assistance and the costs
information to EPA through of retaining expert firms, including
DATES: Comments must be received on
regulations.gov or email. Clearly mark financial, engineering, and legal
or before February 17, 2017. the part or all of the information that advisory services, in the field of
ADDRESSES: Submit your comments, you claim to be CBI. For CBI municipal and project finance to assist
identified by Docket ID No. EPA–HQ– information in a disk, CD–ROM, or flash in the underwriting and servicing of
OW–2016–0568, at http:// drive that you mail to EPA, mark the Federal credit instruments. EPA is
www.regulations.gov. Follow the online outside of the disk, CD–ROM, or flash proposing an application fee, credit
instructions for submitting comments. drive as CBI and then identify processing fee, servicing fee, and fee for
Once submitted, comments cannot be electronically within the disk, CD– extraordinary expenses to cover these
edited or removed from Regulations.gov. ROM, or flash drive the specific costs to the extent not covered by
The EPA may publish any comment information that is claimed as CBI. In congressional appropriations.
received to its public docket. Do not addition to one complete version of the
submit electronically any information B. What is the Agency’s authority for
comment that includes information
you consider to be Confidential taking this action?
claimed as CBI, a copy of the comment
Business Information (CBI) or other that does not contain the information This proposed rule is issued under
information whose disclosure is claimed as CBI must be submitted for the authority of 33 U.S.C. 3908(b)(7),
restricted by statute. Multimedia inclusion in the public docket. 3909(b), 3909(c)(3), and 3911.
submissions (audio, video, etc.) must be Information so marked will not be
accompanied by a written comment. C. What fees are being proposed?
disclosed except in accordance with
The written comment is considered the procedures set forth in 40 CFR part 2. In the Interim Final Rule entitled,
official comment and should include Tips for preparing your comments. ‘‘Credit Assistance for Water
discussion of all points you wish to When submitting comments, remember Infrastructure Projects,’’ EPA
make. The EPA will generally not to: established an application process for
consider comments or comment • Identify the document by docket ID WIFIA credit assistance that is divided
sradovich on DSK3GMQ082PROD with PROPOSALS
contents located outside of the primary number and other identifying into two steps. The first step requires
submission (i.e. on the web, cloud, or information (subject heading, Federal the submission of a letter of interest. No
other file sharing system). For Register date and page number). fees are proposed for the letter of
additional submission methods, the full • Follow directions. The Agency may interest step. Projects selected to
EPA public comment policy, ask you to respond to specific questions. continue in the application process will
information about CBI or multimedia • Explain why you agree or disagree; then be invited to submit an application
submissions, and general guidance on suggest alternatives and substitute at which time the application fee must
making effective comments, please visit language for your requested changes. be paid. For this second step, EPA will
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under WIFIA, EPA and the approved rule to February 13, 2017, to allow www.regulations.gov or in hard copy at
applicant may agree upon a sufficient time after the public hearing the EPA Docket Center Reading Room,
supplemental fee to be paid by or on for commenters to submit comments. in the William Jefferson Clinton West
behalf of the approved applicant at the DATES: Public Hearing. The public Building, Room 3334, located at 1301
time of execution of the term sheet to hearing will be held on January 12, Constitution Avenue NW., Washington,
reduce the subsidy cost of that project. 2017, in Washington, DC. Please refer to DC 20004. The Public Reading Room is
No such fee may be included among SUPPLEMENTARY INFORMATION for open from 8:30 a.m. to 4:30 p.m.,
eligible project costs. additional information on the public Monday through Friday, excluding legal
(f) Reduced fees. To the extent that hearing. holidays. The phone number for the
Congress appropriates funds in any Comments. Comments must be Public Reading Room is (202) 566–1744.
given year beyond those sufficient to received on or before February 13, 2017. FOR FURTHER INFORMATION CONTACT: If
cover internal administrative costs, EPA ADDRESSES: Public Hearing. The January you would like to speak at the public
may utilize such appropriated funds to 12, 2017, public hearing will be held at hearing, please contact Ms. Pamela
reduce fees that would otherwise be the EPA, William Jefferson Clinton East Long, U.S. Environmental Protection
charged under subsection (c). Building, Room 1117A, 1201 Agency, Office of Air Quality Planning
(g) Extraordinary expenses. EPA may Constitution Avenue NW., Washington, and Standards (OAQPS), Air Quality
require payment in full by the borrower DC 20004. Identification is required. If Planning Division (C504–01), Research
of additional fees, in an amount your driver’s license is issued by Triangle Park, NC 27711, telephone
determined by EPA, and of related fees Kentucky, Maine, Minnesota, Missouri, (919) 541–0641, fax number (919) 541–
and expenses of its independent Montana, Oklahoma, Pennsylvania, 5509, email address long.pam@epa.gov,
consultants and outside counsel, to the South Carolina or the state of no later than January 10, 2017. If you
extent that such fees and expenses are Washington, you must present an have any questions relating to the public
incurred directly by EPA and to the additional form of identification to enter hearing, please contact Ms. Long at the
extent such third parties are not paid (see SUPPLEMENTARY INFORMATION for above number.
directly by the borrower, in the event additional information on this location). If you have questions concerning the
that a borrower experiences difficulty Comments. Submit your comments, November 17, 2016, proposed rule,
relating to technical, financial, or legal identified by Docket ID No. EPA–HQ– please contact Mr. Robert Lingard,
matters or other events (e.g., engineering OAR–2016–0202, at http:// Office of Air Quality Planning and
failure or financial workouts) which www.regulations.gov. Follow the online Standards (OAQPS), U.S. EPA, at (919)
require EPA to incur time or expenses instructions for submitting comments. 541–5272 or lingard.robert@epa.gov; or
beyond standard monitoring. Once submitted, comments cannot be Mr. Lynn Dail, Office of Air Quality
[FR Doc. 2016–30192 Filed 12–16–16; 8:45 am] edited or removed from Regulations.gov. Planning and Standards (OAQPS), U.S.
BILLING CODE 6560–50–P The EPA may publish any comment EPA, at (919) 54l-2363 or dail.lynn@
received to its public docket. Do not epa.gov. For information on the
submit electronically any information Information Collection Request (ICR),
ENVIRONMENTAL PROTECTION you consider to be Confidential contact Mr. Butch Stackhouse, Office of
AGENCY Business Information (CBI) or other Air Quality Planning and Standards
information whose disclosure is (OAQPS), U.S. EPA, at (919) 541–5208
40 CFR Parts 50 and 51 restricted by statute. Multimedia or stackhouse.butch@epa.gov.
[EPA–HQ–OAR–2016–0202; FRL–9956–97– submissions (audio, video, etc.) must be SUPPLEMENTARY INFORMATION: The
OAR] accompanied by a written comment. proposal for which the EPA is holding
The written comment is considered the the public hearing was published in the
RIN 2060–AS82 official comment and should include Federal Register on November 17, 2016
Implementation of the 2015 National discussion of all points you wish to (81 FR 81276), and is available at:
Ambient Air Quality Standards for make. The EPA will generally not http://www.epa.gov/ozone-pollution
Ozone: Nonattainment Area consider comments or comment and also in Docket ID No. EPA–HQ–
Classifications and State contents located outside of the primary OAR–2016–0202. The public hearing
Implementation Plan Requirements submission (i.e., on the Web, Cloud or will provide interested parties the
other file sharing system). For opportunity to present data, views, or
AGENCY: Environmental Protection additional submission methods, the full arguments concerning the proposal. The
Agency (EPA). EPA public comment policy, EPA may ask clarifying questions during
ACTION: Notice of public hearing and information about CBI or multimedia the oral presentations, but will not
extension of comment period. submissions and general guidance on respond to the presentations at that
making effective comments, please visit time. Written statements and supporting
SUMMARY: The Environmental Protection http://www2.epa.gov/dockets/ information that are submitted during
Agency (EPA) is announcing that a comments.html. the comment period will be considered
public hearing will be held for the Docket: All documents in the docket with the same weight as any oral
proposed rule titled, ‘‘Implementation are listed in the http:// comments and supporting information
of the 2015 National Ambient Air www.regulations.gov index. Although presented at the public hearing. Written
Quality Standards for Ozone: listed in the index, some information is comments must be postmarked by the
sradovich on DSK3GMQ082PROD with PROPOSALS
Nonattainment Area Classifications and not publicly available, e.g., CBI or other last day of the comment period.
State Implementation Plan information whose disclosure is The public hearing will convene at
Requirements,’’ which published in the restricted by statute. Certain other 9:00 a.m. and end at 5:00 p.m. Eastern
Federal Register on November 17, 2016. material, such as copyrighted material, Time (ET). The EPA will make every
The hearing will be held on Thursday, will be publicly available only in hard effort to accommodate all individuals
January 12, 2017, in Washington, DC copy. Publicly available docket interested in providing oral testimony.
The EPA is also announcing extension materials are available either A lunch break is scheduled from 12:00
of the comment period for the proposed electronically in http:// p.m. until 1:00 p.m. Please note that this
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Document Modified: 2016-12-17 03:15:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before February 17, 2017. | |
| Contact | Jordan Dorfman, Water Infrastructure Division, Office of Wastewater Management, Mail Code 4201C, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., | |
| FR Citation | 81 FR 91890 | |
| RIN Number | 2040-AF64 | |
| CFR Associated | Environmental Protection; Reporting and Recordkeeping Requirements and Water Finance |
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