PENNVEST Military Installation Remediation/Polyfluoroalkyl Substances (PFAS) Remediation Program Guidance
PROGRAM DESCRIPTION, GOALS AND INTENT
The Pennsylvania General Assembly in its 1988 session passed the Pennsylvania Infrastructure Investment Authority Act (March 1, 1988, P.L. 82, No. 16), which was subsequently amended in 1992 (December 18, 1992, P.L. 1137, No. 149), 2005 (July 14, P.L. 299, No. 51) and 2013 (June 19 P.L.51, No. 16) all of which is codified at 35 P.S. Section 751.1 et. seq. (the “Act”). The Act, among other things, created the Pennsylvania Infrastructure Investment Authority (“PENNVEST”) and authorized PENNVEST to establish revolving funds and accounts to administer its programs. Consequently, PENNVEST created the Clean Water State Revolving Fund (“CWSRF”) to administer the federal program and funds received under capitalization grants pursuant to Section 601 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1381 to fund wastewater projects and to fund projects that control nonpoint source pollution pursuant to Section 319 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1329 and the Drinking Water State Revolving Fund (“DWSRF”) to administer the federal program and funds received under capitalization grants pursuant to Section 1452 of the Safe Drinking Water Act Amendments of 1996 (August 6, 1996, P.L. 104-182) to fund drinking water projects through public drinking water supply systems. PENNVEST also created a Commonwealth/PENNVEST funded revolving loan program pursuant to 35 P.S. Section 751.5(c)(2) to fund water, wastewater, stormwater and nonpoint source projects using the seed money appropriated to PENNVEST for such purposes by the Commonwealth, investment earnings, bond proceeds and proceeds of proceeds.
Further, the Pennsylvania General Assembly declared in its 2019 session that there is a lack of funding and knowledge related to remediation needed at military installations to address per- and polyfluoroalkyl substances (“PFAS”) contamination, and that there is a need to provide proper infrastructure in the water systems serving military installations and surrounding parcels. Two programs were created, one for qualified Military Installations, which is administered by the Department of Revenue, and the other for PFAS remediation for public drinking water supply systems unrelated to the presence of a qualified former military installation1, known as the “PENNVEST Per- and Polyfluoroalkyl Substances Remediation Program”, which is administered by PENNVEST.
PROGRAM LONG-TERM OBJECTIVES AND BENEFITS.
The long term objective of the PENNVEST Per- and Polyfluoroalkyl Substances Remediation Program (“PENNVEST PFAS Remediation Program”) is to remediate PFAS contamination or presence in the water supply of public drinking water supply systems which are not related to the presence of a qualified former military installation.
No special appropriation has been budgeted for this initiative. PENNVEST is directed in addition to any other program of PENNVEST, from funds available to PENNVEST, to provide grants under the PENNVEST PFAS Remediation Program. PENNVEST receives grant funds from the Commonwealth of Pennsylvania under various programs established through legislation (“State Grant(s)”). The sources available for this program would be the budgeted State Grant capacity for a Fiscal Year on hand, if any, after the affordability-based needs awards have been satisfied through the PENNVEST competitive funding program for that Fiscal Year. PENNVEST will make available any such budgeted State Grant capacity for the award of PFAS grants to eligible applicants through a separate Board meeting at the end of the Fiscal Year if warranted.
Public drinking water supply system owners or operators serving water supply systems which are not related to the presence of a qualified former military installation and where the water supply has PFAS contamination are eligible applicants under the PENNVEST PFAS Remediation Program. If the operator of the system makes an application, they must be joined in the application by the system owner.
Drinking water projects, as defined by the PENNVEST Act, which serve water supply systems which are not related to the presence of a qualified former military installation and where the water supply has PFAS contamination are eligible for this program. Such projects are also eligible for consideration for financial assistance under the traditional PENNVEST drinking water program.
Applicants with eligible projects will compete for State Grant money that was budgeted but not awarded, and available at the end of the given Fiscal Year. Awards will be distributed among all eligible applicants. Should the total dollar amount requested exceed the balance of State Grant capacity, the awards will be prorated across all eligible projects with the difference made up of low-interest loan funds.
Eligible applicants for the PFAS Remediation Program may apply once a year at the end of the Fiscal Year to compete for the budgeted State Grant capacity, on terms described above or they may apply for funding consideration under the traditional PENNVEST program and compete for grant award on an affordability basis under the regular program.
PENNVEST will announce whether there will be a PFAS Remediation Program Funding round at the last regular Board Meeting for the Fiscal Year. All applications will be received electronically through the PENNVEST portal and processed through traditional workflows. Additionally, the following shall apply:
1. Applicant shall provide evidence that the drinking water system serves a water supply system which is not related to the presence of a qualified former military installation;
2. Applicant shall provide evidence of PFAS contamination;
3. Applicant shall provide evidence that the proposed solution is the most cost effective approach to the PFAS remediation; and,
4. Applicant shall submit the application through the traditional PENNVEST application process and mark the application as eligible for the PENNVEST PFAS Remediation Program.
Should subsequent funding be made available for PFAS remediation for any project having received a State Grant award under this program, such award shall be repaid to the extent of the funds received.