40 C.F.R. § 35.10015 – Application process.

(a) Each fiscal year for which budget authority is made available by Congress, the EPA shall publish a Federal Register notice to solicit letters of interest for credit assistance called a Notice of Funding Availability. Such notice will specify the relevant due dates, the estimated amount of funding available to support WIFIA credit instruments for the current and future fiscal years, contact name(s), and other details for submissions and funding approvals.
(b) Public and private applicants for credit assistance under this part will be required to submit letters of interest to the EPA in order to be selected by the Administrator to submit an application.
(c) The application process is divided into two steps: letter of interest and application.
1. (1) The letter of interest provides enough information for EPA to make a project selection and invite prospective borrowers to submit applications. Such information may include, but is not limited to:
  1. (i) Prospective borrower information;
  2. (ii) Project plan;
  3. (iii) Preliminary project operations and maintenance plan;
  4. (iv) Proposed financing plan and audited financial statements;
  5. (v) Contact information;
  6. (vi) Written responses addressing selection criteria;
  7. (vii) Certifications; and
  8. (viii) Notification of state infrastructure financing authority.
2. (2) The application provides all relevant information for EPA to provide credit assistance. Submission of an application does not guarantee that EPA will award credit assistance to a given applicant. At a minimum, such applications shall provide, in addition to the information provided in the letter of interest:
  1. (i) Detailed applicant information;
  2. (ii) Detailed project information;
  3. (iii) Detailed project operation and maintenance plan;
  4. (iv) Comprehensive financing plan; and
  5. (v) Complete certifications.
(d) Following successful submission and approval by EPA of the application, EPA will offer the applicant a term sheet, as described in section 35.10060. The applicant may accept or negotiate terms in the term sheet.
(e) Following acceptance of the term sheet, the applicant will proceed to closing, as described in section 35.10065.
(f) An application for a project located in or sponsored by more than one entity shall be submitted to the EPA by just one entity. The sponsoring entities shall designate a single obligor for purposes of applying for, receiving, and repaying WIFIA credit assistance.