# Notice of Availability of Class Deviation; Alternative State Allotment formula For FY 2005 Clean Water Act Section 106 Increase
> **Rule** · Notice of availability. · Published 2005-05-24 · Effective 2005-05-24 · 70 FR 29627
## Document
- **Document number:** 05-10342
- **Category:** water-quality
- **Federal Register citation:** 70 FR 29627
- **CFR reference:** 40 CFR 35
- **Publication date:** 2005-05-24
- **Effective date:** 2005-05-24
- **EPA docket:** FRL-7916-6
## Abstract

This document provides notice of the availability of a Class Deviation from EPA's allotment formula for the awarding of Clean Water Act (CWA) Section 106 grants and also sets forth an alternative formula that will apply for the $9.92 million FY 2005 increase in EPA's appropriation for these grants. Currently, monies awarded under Section 106 of the Clean Water Act are allocated through allotment formulae for States, interstate agencies, and tribes. These formulae implement Section 106(b) of the CWA, which directs the EPA Administrator to make allotments for grants from sums appropriated by Congress in each fiscal year "in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective states." Because the President's FY 2005 budget request specifically requested an increase in Section 106 funding for FY 2005 enhanced monitoring activities, EPA determined through a Class Deviation that if it applied the current State allotment formula to that increase only a small number of States would actually receive an increase while the majority of States would not receive a sufficient increase to strengthen their water quality monitoring activities. The Class Deviation and the new allotment formula apply only to the $9.92 million FY 2005 Section 106 increase and not to the remainder of the monies appropriated by Congress for these grants, which will be allocated in accordance with the allocation formulae EPA currently uses.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2005/05/24/05-10342/notice-of-availability-of-class-deviation-alternative-state-allotment-formula-for-fy-2005-clean)
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