11 Miss. Code. R. 6-6.1

Current through January 14, 2025
Rule 11-6-6.1 - Introductory Provisions
A. Scope of Regulations. These regulations, adopted pursuant to Sections 49-17-81 through 89, Mississippi Code of 1972, as amended, shall govern the Mississippi Water Pollution Control Revolving Loan Fund (WPCRLF) Program beginning in federal fiscal year 2001. These WPCRLF regulations may be superceded by the WPCRLF loan agreement and repayment agreement when such a variance is determined prudent by the Executive Director and when not in conflict with any state or federal law, regulation, or executive order.
B. Federal Equivalence and Cross-Cutter Requirements. Federal regulation 40 CFR 35.3135(f) requires that "equivalency" projects funded under the State Water Pollution Control Revolving Fund must comply with sixteen specific requirements of Title II (the EPA Construction Grants Program) of the Federal Water Pollution Control Act. "Equivalency" projects are generally defined as wastewater projects constructed with funds which equal the amount of the federal grants to the State for this program.

Similarly, 40 CFR 35.3145 requires that the State must also require all recipients of funds which equal the amount of the federal grants to the State to comply with certain other "cross-cutting" federal authorities. Cross-cutting authorities are federal laws and authorities that apply to these projects independent of the federal Water Pollution Act and subsequent amendments.

Since the beginning of this program in FY-89 and continuing through FY-00, the Department has required that all projects receiving loan funding meet federal equivalency and cross-cutter requirements, and has banked the amount of these loan awards in excess of the federal capitalization grants toward meeting equivalency and cross-cutter requirements of future federal capitalization grants. The Department has determined that the amount of loans awarded in excess of the federal capitalization grants through FY-00 should equal or exceed the federal capitalization grants expected for this program from FY-01 and after. Accordingly, the Department has determined that projects funded in FY-01 and after will not be required to meet all federal equivalency and cross-cutter requirements.

These regulations apply to projects that receive loan awards in FY-01 and after. Thus, almost all of these federal equivalency and cross-cutter requirements are excluded from these regulations. However, certain of these requirements have been retained in order to secure a reasonable assurance that the Department funds projects that are environmentally sound, that the loan recipient can construct, operate, and maintain the project and repay the loan, that these public funds are adequately protected and expended only for their intended purpose, and as otherwise required by EPA.

11 Miss. Code. R. 6-6.1

Miss. Code Ann. §§ 49-17-81 through 49-17-89, 49-2-1, et seq. and 49-17-1, et seq.