Why is 40 CFR 35.162 being amended?
The amendment to 40 CFR 35.162 provides EPA with the authority to allot separately those CWA Section 106 funds which are targeted to specific water pollution control elements, as determined by EPA based on a review of the President’s budget, Conference Reports, and/or appropriation acts. It gives EPA the ability to go outside the Section 106 formulae to allocate funds as envisioned by decision makers in the budget process. The amendment to 40 CFR 35.162 will address a situation like that which occurred in EPA’s FY 2006 CWA Section 106 appropriation process. The President’s FY 2006 budget specifically requested an increase in Section 106 funding for enhanced monitoring activities, particularly for statistically-valid assessments of water quality nationwide and strengthening State and interstate monitoring programs. The 2006 Conference Report, which accompanied EPA’s 2006 appropriation act, indicated that a total of $18.5 million should be targeted to support enhanced monitoring efforts.
