Mo. Code Regs. Ann. tit. 10, § 20-4.010
PURPOSE: This rule sets forth the system used by the commission to prioritize projects for the Environmental Protection Agency wastewater treatment construction grants program, the state matching grant program and the state construction grants program. This rule sets forth state eligibility limitations for grants under the Environmental Protection Agency wastewater treatment construction grants program and the state matching grant program. This rule also sets forth the methods used by the commission to develop and modify lists of grant projects eligible for funding under the Environmental Protection Agency wastewater treatment construction grants program and the state matching grant program.
Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.
(1) Priority Point System. The commission will prioritize potential grant projects, with the exception of unsewered community reserve projects, by assigning priority points under subsection (1)(A) of this rule. In certain unique situations, the commission may award special priority under subsection (1)(B) of this rule. The commission will prioritize unsewered community reserve projects by assigning priority points under subsection (1)(C) of this rule.
(A) Basic Priority Points. The commission will use the mathematical formula contained in this subsection to award basic priority points to each potential grant project, with the exception of unsewered community reserve projects. The description of each of
(cid:1) Log 10(A + 1) + B + C +D + Log 10(E) + F + (G ÷ 10)
Basic Priority Points = (A÷J) + H (cid:3) the factors contained in this formula is contained in paragraphs (1)(A)1.–10. of this rule. For the purpose of assigning points under factors A and B following, the receiving water is considered to be the immediate water course into which the discharge flows; however, in those cases where the immediate receiving water is not classified in Water Quality Standards 10 CSR 20-7.031, a downstream classified water body will be considered to be the receiving water if the publiclyowned treatment works (POTW) discharge is either within one (1) mile of the classified water, or is farther away than one (1) mile, but has a demonstrated or predicted use impairment on the classified water:
seven (7)-day Q10 streamflow of the stream receiving discharge from existing POTWs to be improved or eliminated by the proposed grant project. This factor is expressed in cubic feet per second. For lake discharges, factor A equals ten (10). In the case of those proposed grant projects which will not improve or eliminate existing POTWs, factor A equals zero (0);
eficial uses of the stream or lake receiving discharge from existing POTWs to be improved or eliminated by the proposed grant project. The values for factor B were calculated by adding the total values calculated under subparagraphs (1)(A)2.A. and B. of this rule. Factor B equals zero (0) for all proposed grant projects which will not improve or eliminate existing POTWs or which do not qualify under subparagraphs (1)(A)2.A. or B. of this rule.
each of the following beneficial uses identified in 10 CSR 20-7.031: whole body contact recreation, drinking water supply and cold water sport fisheries.
beneficial use identified in 10 CSR 20-7.031 and not contained in subparagraph (1)(A)2.A. of this rule.
points for proposed grant projects lying in the Ozark area. For purposes of this paragraph, the Ozark area is defined as areas of exposed Ordovician age and older formations, and Burlington limestone in southwest Missouri.
(cid:2)
+ V × 10 (cid:4)
H 10 CSR 20-4
For projects lying outside the Ozark area, factor C equals zero (0).
points for proposed grant projects which will improve or eliminate existing POTWs which directly discharge to certain sensitive waters. The value for factor D is calculated by awarding two (2) points for each of the following: losing stream as designated by the Division of Geology and Land Survey; Wild and Scenic Riverways as designated by the National Forest Service or the National Park Service; lakes; or metropolitan no-discharge streams as identified in 10 CSR 20-7.031. For all other projects, factor D equals zero (0).
5. Factor E. Factor E expresses the 1980 population or population equivalent. In most cases, factor E equals the estimated 1980 population contained in the proposed project’s service area. However, in those cases known to have significant industrial organic loadings, factor E equals the estimated 1980 population plus the estimated industrial organic loadings expressed as population equivalents.
points for known problems or one (1) point for potential problems resulting from industrial discharge to an existing POTW of priority pollutants identified by Environmental Protection Agency (EPA). These points will only apply to those projects which propose to improve or eliminate the existing POTW having these industrial discharges. Factor F equals zero (0) for all other projects.
ly average concentration, in milligrams per liter, of the biochemical oxygen demand5 (BOD5) in excess of the National Pollutant Discharge Elimination System (NPDES) permit limits for existing POTWs to be improved or eliminated by the proposed grant project. The concentration of BOD5 being discharged is calculated by averaging BOD5 values reported to the department by the permittee in the discharge monitoring reports required in the NPDES permit. The department will adjust values downward where excessively high BOD5 is thought to result from lack of proper operation and maintenance, rather than physical plant problems (see also subsection (4)(A) of this rule).
mated effluent flow expressed in cubic feet per second. These estimates were based upon 1980 population estimates, assuming one hundred (100) gallons of effluents will be generated per capita per day. The department will add any known, significant flows to this estimated domestic flow.
factor adjustment. Values for this factor are calculated for proposed grant projects which will improve or eliminate existing POTWs in subparagraphs (1)(A)9.A.–C. of this rule.
if the existing POTW discharge does not meet applicable NPDES limits for fecal coliform and discharge is to a stream or lake designated for whole body contact recreation in rule 10 CSR 20-7.031.
tor C equals two (2) under paragraph (1)(A)3. of this rule and if the project does not qualify for five hundred (500) points under subparagraph (1)(A)9.A. of this rule.
charge is to a prairie stream or to a stream in the Mississippi Embayment area and if the project does not qualify for five hundred (500) points under subparagraph (1)(A)9.A. of this rule.
impact of POTWs to be improved or eliminated by the proposed grant project, on the receiving stream or lake. Factor V is assigned a value of from zero to twelve (0–12) points, based on the classification of the receiving water in 10 CSR 20-7.031, the severity of the impact and the length of the affected receiving water reach. Data from direct observations are used, and impacts are estimated, based on similar situations, where no specific data are available.
(C) Unsewered Community Reserve Priority Points. The commission will use the mathematical formula contained in this subsection to award priority points to projects competing for funds from the unsewered community reserve. The description of each of the factors contained in this formula is contained in paragraphs (1)(C)1.–5. of this rule. Unsewered Community Reserve (M - N) Points = K + L + + × V(2)
potential for groundwater pollution wastewater treatment systems. The numerical value for Factor K will be calculated by the Missouri Division of Geology and Land Survey following a site survey and application of the groundwater criteria contained in Engineering Geology Report Number 7, Geologic Aspects of Home Liquid-Waste Disposal in Missouri.
potential for surface water contamination from waste treatment systems. The numerical value for Factor L will be calculated by the Missouri Division of Geology and Land Survey following a site survey and application of the surface water criteria contained in Engineering Geology Report Number 7, Geologic Aspects of Home Liquid-Waste Disposal in Missouri.
population as contained in the official 1980 census.
population as contained in the official 1960 census.
observed impact of waste treatment systems on surface waters of the state. Factor V is calculated as stated under paragraph (1)(A)10. of this rule.
(2) Priority Lists. Each year, following a public hearing, the commission shall establish priority lists for using future anticipated federal grant allocations. These lists shall contain several parts, as described in subsections (2)(A)–(E) of this rule.
(A) Fundable Lists. The fundable priority lists identify those projects which the commission intends to fund during a given federal fiscal year from anticipated federal grant allocations. The commission shall develop fundable priority lists as described in paragraphs (2)(A)1.–5. of this rule. Projects will not be considered for the fundable lists if the applicant fails to update the cost estimates by February 1 prior to the fiscal year for which funds are requested. These lists shall become effective after a federal allotment of grant funds is announced by EPA. However, the commission may bypass projects on these lists prior to their effective date.
MSD fundable list. The commission shall determine the amount of the anticipated federal grants allocations to be awarded to projects under the jurisdiction of the. The MSD fundable priority list shall consist of the highest priority projects under the jurisdiction of the which the commission determines will be ready for an award by April 1 of the federal fiscal year for which the federal funds are anticipated.
years after FY86, the commission shall determine the amount of the anticipated federal grants allocations to be awarded to projects under the jurisdiction of Kansas City. The Kansas City fundable priority list shall consist of the highest priority projects under the jurisdiction of Kansas City which the commission determines will be ready for an award by April 1 of the federal fiscal year for which the federal funds are anticipated.
commission shall determine the amount of federal grant allocations to be awarded to projects eliminating or upgrading POTWs providing only primary treatment and having average dry-weather flows in excess of one hundred thousand (100,000) gallons per day. The primary treatment fundable list shall consist of the highest priority projects meeting this criteria. Projects qualifying for this list are also limited to those which the commission determines will be ready to proceed prior to April 1 of the federal fiscal year for which the funds are anticipated.
sion shall determine the amount of the anticipated federal grants allocations to be awarded to projects under the jurisdiction of applicants other than those described in paragraphs (2)(A)1. and 2. of this rule. The outstate fundable priority list shall consist of the highest priority projects eligible for this list which the commission determines will be ready for an award by April 1 of the federal fiscal year for which the federal funds are anticipated.
able list. The commission shall determine the amount of the anticipated federal grants allocations to be awarded to projects competing for unsewered community reserve funds. The unsewered community reserve fundable list shall consist of the highest priority unsewered community reserve projects which submit their facilities plan prior to January 1 of the fiscal year prior to the fiscal year for which federal funds are anticipated.
able list. The commission shall determine the amount of federal grants allocations to be awarded to projects competing for small community alternative reserve funds. The small community alternative reserve fundable list shall consist of the highest priority small community alternative reserve projects which submit their facilities plan before January 1 prior to the fiscal year for which federal funds are anticipated and which meet the criteria stated in subsection (3)(E). This facility plan must recommend Innovative Alternative (I/A) technology as the selected alternative.
(B) Contingency Priority List. The contingency priority lists identifies those projects which may be considered for funding during a given fiscal year if unanticipated or uncommitted EPA grant funds become available. The commission shall develop contingency priority lists as described in paragraphs (2)(B)1.—5. of this rule. Projects will not be considered for the contingency lists if the applicant fails to update the cost estimates by February 1 of the fiscal year for which funds are requested. These lists shall become effective after a federal allotment of grant funds for the fiscal year is announced by EPA.
tingency list shall consist of the highest priority projects under the jurisdiction of MSD remaining after removal of the fundable list projects. Projects qualifying for this list also are limited to those which the commission determines will be ready for an award by July 1 of the federal fiscal year for which the federal funds are anticipated.
Kansas City contingency list shall consist of the highest priority projects under the jurisdiction of Kansas City remaining after removal of the fundable list projects. Projects qualifying for this list also are limited to those which the commission determines will be ready for an award by July 1 of the federal fiscal year for which the federal funds are anticipated.
The primary treatment contingency list shall consist of the highest priority projects meeting the treatment level and size criteria of paragraph (2)(A)1. which remain after removal of the fundable list projects. Projects qualifying for this list also are limited to those which the commission determines will be ready to proceed prior to July 1 of the federal fiscal year for which funds are anticipated.
state contingency list shall consist of the highest priority projects under the jurisdiction of applicants other than MSD remaining after removal of the fundable list projects. Projects qualifying for this list also are limited to those which the commission determines will be ready for an award by July 1 of the federal fiscal year for which the federal funds are anticipated.
tingency list. The unsewered community reserve contingency list shall consist of the highest priority unsewered community reserve projects remaining after removal of the fundable list projects. Projects qualifying for this list also are limited to those which submit their facilities plan prior to January 1 of the fiscal year prior to the fiscal year for which the federal funds are anticipated.
gency list. The small community alternative contingency list shall consist of the highest priority small community alternative reserve projects remaining after removal of the fundable list projects. Projects qualifying for this list also are limited to those which submit their facilities plan prior to January 1 of the fiscal year prior to the fiscal year for which the federal funds are anticipated and which meet the criteria stated in subsection (3)(E). This facility plan must recommend I/A technology as the selected alternative.
(C) Planning List. The planning lists identify all potential grant projects not contained on a fundable priority list. The commission shall develop planning lists as described in paragraphs (2)(C)1.—3. of this rule. These lists shall become effective upon adoption by the commission.
planning list shall contain all potential projects which are not on a fundable priority list.
ning list. The unsewered community reserve planning lists shall contain all potential unsewered community reserve projects not on the unsewered community reserve fundable list which submit their facilities plan prior to January 1 of the fiscal year prior to the fiscal year for which the federal funds are anticipated.
list. The small community alternative planning list shall contain all potential small community alternative projects which submit their facilities plan prior to January 1 of the fiscal year prior to the fiscal year for which the federal funds are anticipated and which meet the criteria stated in subsection (3)(E).
primary treatment planning list shall contain all projects meeting the treatment level and size criteria of paragraph (2)(A)2.
(G) of this rule.
(E) Small Community Alternative Reserve. The commission shall place a portion of anticipated grants allocations in the small community alternative reserve. Funds placed in this reserve shall be used to award grants to applicants having projects or project portions qualifying under federal law for these funds and which have been placed on the small community alternative fundable list. In order to compete for these funds, a project must meet the criteria in paragraphs (3)(E)1.—3. of this rule.
of thirty-five hundred (3500) people or less.
make use of innovative or alternative technology.
port the portions of the project not qualifying as innovative or alternative. (The commission will consider exceptions where the project requires less than one hundred thousand dollars ($100,000) in outstate general funds.)
(4) Limits on Eligibility. In addition to the limitations on eligibility established by EPA, the commission limitations on grant eligibility stated in subsections (4)(A)–(O) of this rule will apply to all EPA construction grant projects.
(5) Transfer of Funds. After the commission adopts the priority lists and establishes reserves under section (2) of this rule, the commission may transfer funds among the reserves, the fundable priority lists and the carryover priority lists. The commission also may add or remove projects from the fundable, carryover and contingency priority lists in accordance with the procedures stated in subsections (5)(A)–(D) of this rule.
(A) Inadequate Allocations. If the actual federal grants allocations are less than the allocations anticipated by the commission in the development of the fundable priority list and reserves or if previous allocations are reduced, the commission may find it necessary to reduce their commitments to projects on the fundable or carryover lists or to the various reserves listed in section (3) of this rule. The commission may take formal action to reduce the number of commitments in accordance with paragraphs (5)(A)1.–3. of this rule.
amount of funds allocated to each reserve identified in section (3) of this rule.
est priority projects from the carryover or fundable priority lists, placing these projects on the contingency priority list in a position dictated by their priority relative to others on the contingency priority list.
on the fundable or carryover priority lists in accordance with subsection (5)(C) of this rule.
(B) Unanticipated and Uncommitted Funds. If unanticipated or uncommitted funds become available, the commission may take formal action to distribute them in accordance with paragraphs (5)(B)1.–3. of this rule, if they become available before July 1 of the federal fiscal year. All funds that become available after July 1 of the fiscal year may be distributed in accordance with paragraphs (5)(B)2.–4. of this rule.
ipated or uncommitted funds to move the highest priority project(s) from contingency priority list to the proper fundable priority list. This action is limited to those contingency list projects which the commission determines will be ready for award by July 1 of the federal fiscal year. This paragraph does not prohibit the transfer of funds among the various fundable and contingency lists.
ipated or uncommitted funds to increase the amount of funds allocated to the various reserves listed under section (3) of this rule.
ipated or uncommitted funds to award grants to projects receiving special priority under subsection (1)(C) of this rule. The commission may not take this action without previous notification of intent to applicants for those projects on the contingency priority lists.
ipated or uncommitted funds to award grants to the highest priority projects on any contingency list which have met all requirements for an EPA construction grant. If enough projects are not available to use all unanticipated or uncommitted funds, the commission may distribute these funds on a first-come firstserve basis to any project on contingency lists as they complete all requirements for an EPA construction grant.
(C) Project Bypass. The commission may bypass any project on the carryover or fundable priority list which is not, in the commission’s opinion, making satisfactory progress in satisfying requirements for an EPA construction grant. Bypassed projects will be removed from the carryover and fundable priority lists and placed on the proper contingency priority list in a position dictated by the commission. In determining whether a project is making satisfactory progress in satisfying the requirements for an EPA construction grant, the commission shall use the criteria contained in paragraphs (5)(C)1.–3. of this rule. The commission may reinstate any bypassed projects on the fundable or carryover priority lists after first giving notice to applicants for those projects on the contingency lists of the commission’s intent to reinstate bypassed projects. Funds released through project bypass will be considered uncommitted and available for distribution in accordance with subsection (5)(B) of this rule.
able or carryover lists, when they become effective in accordance with section (2) of this rule, may be bypassed if the applicant fails to submit all documents required for an EPA construction grant award by February 1 of the federal fiscal year and if the department does not give formal approval to all these documents by April 1 of the federal fiscal year, with the exception of the facilities plan which must have a finding of no significant impact, or its equivalent, issued by April 1.
carryover list, which were placed on these lists after they become effective in accordance with section (2) of this rule, may be bypassed if the applicant fails to submit all documents required for an EPA construction grant award by May 1 of the federal fiscal year and if the department does not give formal approval to all these documents by July 1 of the federal fiscal year, with the exception of the facilities plan which must be approvable by July 1.
project schedules developed by the department to determine whether an EPA grants project on the current fundable or carryover lists is making satisfactory progress at those times during the federal fiscal year not addressed in paragraph (5)(C)1. or 2. of this rule.
(D) Project Removal. The department will remove projects from the contingency, fundable, carryover or planning lists if they meet any one (1) of the criteria stated in paragraphs (5)(D)1.–5. of this rule.
if it is funded by EPA.
if it is determined to be ineligible for funding under the EPA wastewater treatment construction grants program.
from these lists if directed by commission action under subsection (5)(A) or (C) of this rule.
from these lists if directed to do so by EPA in accordance with federal law.
ing projects from these lists at the request of the applicant.
AUTHORITY: section 644.026, RSMo Supp. 1987. *Original rule filed Dec. 4, 1975, effective Dec. 14, 1975. Rescinded: Filed Oct. 12, 1979, effective July 11, 1980. Readopted: Filed March 11, 1983, effective Oct. 1, 1983. Amended: Filed March 9, 1984, effective Oct. 1, 1984. Amended: Filed March 8, 1985, effective Oct. 1, 1985. Amended: Filed March 10, 1986, effective Oct. 1, 1986. Amended: Filed March 10, 1987, effective Oct. 1, 1987. Amended: Filed March 11, 1988, effective Oct. 1, 1988. *Original authority 1972, amended 1973, 1987.