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, 2992, 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 to 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, and the other for PFAS remediation for public drinking water supply systems serving parcels surrounding nonqualified military installations. The latter is administered by PENNVEST, the former is administered through the Department of Revenue.
PROGRAM LONG-TERM OBJECTIVES AND BENEFITS.
The long-term objective and benefit for the PFAS Remediation Program is to remediate PFAS contamination or presence in the water supply of public drinking water supply systems serving parcels surrounding nonqualified military installations.
This section is reserved for any future federal or state PFAS regulatory requirements.
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 PFAS remediation program. PENNVEST receives grant funds under various sources including but not limited to the Environmental Stewardship Fund, Growing Greener Plus Grants, investments, and proceeds of proceeds. PENNVEST also uses certain federal program funds for principal forgiveness. Principal forgiveness, like a grant, requires no repayment. Should PENNVEST have sufficient non-repayment capacity (combining grant and principal forgiveness funds) to satisfy all affordability based needs of funding awards in the competitive funding round, PENNVEST is directed to make available the balance of that non-repayment capacity for the award of PFAS grants to eligible applicants in that particular funding award round.
Public drinking water supply system owners or operators serving parcels surrounding nonqualified military installations where the water supply has PFAS contamination. 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 a parcel or parcels surrounding a nonqualified military installation that has PFAS contamination exceeding regulatory thresholds are eligible for this program. Such projects are also eligible for consideration for financial assistance under the traditional PENNVEST drinking water program.
Eligible applicants may apply for funding consideration under the traditional PENNVEST program and, if there is remaining non-repayment capacity in that funding round, it may be awarded as PFAS non-repayment.
All applications will be received electronically through the PENNVEST portal and processed through traditional workflows. Additionally, the following shall apply:
- Applicant shall provide evidence that the drinking water system serves parcels which surround a nonqualified military installation;
- Applicant shall provide evidence of PFAS contamination beyond a regulatory threshold determined to be safe for the public by the Pennsylvania Department of Environmental Protection;
- Applicant shall provide evidence that the proposed solution is the most cost effective approach to the PFAS remediation; and,
- Applicant shall submit the application through the traditional PENNVEST application process and mark the application as eligible for the PFAS program.
Should subsequent funding be made available for the PFAS remediation for any project having received a non-repayment award under this program, such award shall be repaid to the extent of the funds received.