§ 35.702 Summary of program.

(a) To understand the State solid and hazardous waste management program, the provisions below should be read with the regulations which govern the identification of regions and agencies for solid waste planning and management (Part 255 of this chapter), the regulations which set forth the requirements of the solid waste management planning process (Part 256 of this chapter), and the regulations which govern hazardous waste management (Part 250 of this chapter).

(b) EPA grants awarded under these regulations primarily provide funding support to an annual work program which is to be carried out in each State. The emphasis is on a flexible process which can meet the unique social, political, economic, legal, and environmental circumstances in each State. The events leading to a State grant are summarized as follows: As early as possible each year, EPA will determine a tentative funding level for each State. Using this level as a target, each State will develop a “draft" work program and submit it to the appropriate EPA Regional Administrator by June 1. Regional Office personnel will work with the State to negotiate any necessary adjustments in the work program. When funds are appropriated, they will be allotted among the States. By August 1, the State must submit its "final" work program (as part of its grant application) to the Regional Administrator, who will award the State grant, assuming the program meets applicable requirements. Mid-year program evaluations by the Regional Administrator are required; end-of-year evaluations may also be conducted. For fiscal year 1978, only the final work program is re

quired and must be submitted by November 21, 1977.

(c) While it is important that sound planning be accomplished, EPA intends for States to avoid delays in undertaking needed implementation activities. Thus, a State's work program can describe implementation activities to be undertaken in one program area while planning is being completed in another. In order to quality for fiscal year 1978 funding, the State submission must consist of two parts: (1) The State plan previously developed under section 207 of the Solid Waste Disposal Act before amendment by the Resource Conservation and Recovery Act of 1976, including a strategy for achieving the purposes of the Act, or an equivalent plan developed independently by the State; and (2) the first year's proposed work program under these regulations.

(d) Each State is expected to use its early grants for, among other things, the development of a plan which EPA envisions will grow from the State's initial submission for fiscal year 1978. The plan developed under the grant must meet the objectives of the Act. In fiscal year 1979, as much of the plan as is developed will be submitted as part of the grant application. When the plan is fully developed, the State's planning responsibilities will be primarily to update or revise the plan as required.

(e) The substance of the State's yearly work program is addressed generally in § 35.722. It lists the program elements each State must address in its work program. Specific elements may be modified, if approved by the Regional Administrator. The State's program must also describe specific outputs for each element. Each year, EPA will provide guidance concerning desired output requirements.

(f) States are required to complete the agency and area identification processes mandated by section 4006 of the Act before they can be eligible for a grant in fiscal year 1979. For fiscal year 1978, each State must commit to timely completion of these processes, and submit a schedule for such completion.

(g) It is EPA's intention that program grants stimulate and reward

State and substate initiatives for dealing with solid and hazardous waste problems. Thus, EPA encourages each State to meet its particular problems, with no more Federal controls than necessary to assure the program is successful nationally.

(h) These provisions also allow EPA to award implementation grants to State agencies and, in limited circumstances, directly to substate agencies for activities which the State certifies are consistent with the plan and work program.

[42 FR 56052, Oct. 20, 1977, as amended at 43 FR 43425, Sept. 25, 1978]

§ 35.704 Eligibility for funding.

(a) General. Grants will be awarded to a State only if the State has submitted a work program under section 35.718 as part of its grant application, and the work program meets the requirements of this chapter and is approved by the Regional Administrator.

(b) For solid waste plan development and implementation § 35.722(a)). (1) The Governor shall designate a single State agency to carry out the work program or coordinate distribution of funds and work responsibilities among State and substate entities.

(2) Funds shall be allocated within the State only to the agency or agencies (State or substate) identified under section 4006 of the Act and Part 255 of this chapter. For fiscal year 1978, in States where the agency identification process under Part 255 is not complete, such funds shall be allocated to the agency or agencies which the Governor (with the Regional Administrator's concurrence) determines are most appropriate to undertake the work elements in view of the requirements of Part 255. This determination by the Governor is not required where the Regional Administrator determines that an agency has explicit authority under State law to carry out these responsibilities.

(3) Funds for rural communities assistance will be allocated by the State only to entities eligible under § 35.734.

(4) Grants to States and substate agencies for certain implementation activities under section 4008(a)(2) of the Act will be awarded only for activi

EPA's annual guidance will set forth the Administrator's determination of the division of appropriated funds among the Act's various authorized programs, and the basis for his determination. Allotments are not an absolute entitlement of funds for any State; rather, they represent the amount of a grant the State can receive if the State's work program supports that level of funding and is approved by the Regional Administrator. For fiscal year 1978, population figures in the formulae below will be drawn from the 1970 census. In subsequent fiscal years, EPA may use updated data if available from the U.S. Department of Commerce. Allotments will be rounded to the nearest hundred dollars.

§ 35.706-1 Solid waste management planning and implementation.

Sums which the Administrator determines will be available in each fiscal year for grants under section 4008(a)(1) of the Act will be allotted among all States in the ratio that the population in each State bears to the population in all of the States, except that no State shall receive an allotment of less than one-half of one percent of the sums so allotted in any fiscal year.

except that no State shall receive an allotment of less than one-half of one percent of the sums available:

(1) The ratio that the population in each State bears to the population in all States (40 percent);

(2) The ratio that the amount of hazardous waste generated in each State bears to the amount of hazardous waste generated in all States (40 percent);

(3) The ratio that the number of generators of hazardous waste in each State bears to the number of generators of hazardous waste in all States (15 percent); and

(4) The ratio the land area of each State bears to the land area of all States (5 percent).

(b) The allotment ratios developed using paragraph (a) of this section are as follows:

§ 35.706-2 Hazardous waste management program development and implementation.

(a) Sums which the Administrator determines will be available in each fiscal year for grants under section 3011 of the Act will be allotted among all States on the basis of the following factors and weightings of factors,

23. Michigan. 24. Minnesota. 25. Mississippi 26. Missouri 27. Montana.

34. North Carolina 35. North Dakota 36. Ohio... 37. Oklahoma 38. Oregon... 39. Pennsylvania.

§ 35.706-3 Rural communities assistance.

Sums which the Administrator determines will be available in each fiscal year for grants under section 4009 of the Act will be allotted among all States based on the average of three factors: (a) The ratio which the population of rural areas of each State bears to the total population of rural areas of all the States; (b) the ratio which the population of counties in each State having less than twenty persons per square mile bears to the total population of such counties in all the States; and (c) the ratio which the population of such low-density counties in each State having 33 percent or more of all families with income not in excess of 125 percent of the poverty level bears to the total population of such counties in all the States.

next fiscal year. The tentative regional allowance will be the sum of anticipated State allotments under § 35.706 for that region, based on the appropriation requested by the President. To facilitate program planning, the Regional Administrator will promptly notify each State of its tentative allotment. As soon as practicable after funds are appropriated, the Administrator will issue to each Regional Administrator a final regional allowance.

§ 35.710 Grant amount.

(a) Each State will receive grants from its final allotment for each fiscal year in an amount which does not exceed the reasonable cost of carrying out its approved work program, as determined by the Regional Administrator. In determining the amount of a State's grant, the Regional Administrator will consider: (1) The financial commitments, functions and obligations assigned to the various planning and implementing agencies by the State's proposed program; (2) the priorities among and feasibility of proposed State program outputs in relation to resources available; (3) the anticipated cost of the State's program in relation to its expected accomplishments and likelihood of success; and (4) evaluations of past performance of planning and implementing agencies.

(b) Should the Regional Administrator's evaluation of the State work prothat gram submission reveal the output commitment is not consistent with the level of funding requested, the requirements of this chapter, or the EPA annual guidance, he may negotiate with the State to change the output commitment or reduce the grant amount. If a state proposes a different set of outputs than suggested in § 35.722 or the EPA annual guidance due to its unique solid or hazardous waste management problems, the Regional Administrator may approve the State's proposed program if he determines that the outputs are consistent with the law, that the outputs can and should be produced, and that the proposed funding is appropriate; provided, however, that the elements described in § 35.730 are required of all States.

(c) (1) Unobligated funds remaining after grant negotiations with States within a region may be used for supplementary grant awards to other States within that region. Funds not obligated by the Regional Administrator within six months following the date of the final advice of allowance for that region will revert to the Administrator for reallocation to regions which can demonstrate a need for funds in excess of their final regional allowance.

(2) For hazardous waste management program grant funds, the Administrator may, subject to the limitations contained in Appropriations Acts, use part or all of the funds from the following sources to meet the costs of a required Federal program in any State which has not applied for or which has been denied full or interim authorization:

(i) Unobligated grant funds remaining after negotiation with States in a region;

(ii) Funds for which no grant application has been received from the State by August 1 of each year; and

(iii) Unobligated grant funds remaining after negotiation with a State which has applied for or been granted partial authorization.

[42 FR 56052, Oct. 20, 1977, as amended at 43 FR 43426, Sept. 25, 1978]

§ 35.712 Reduction of grant amount.

(a) In the event a State fails to submit its final annual work program on or before the dates specified in § 35.718-2, the grant amount may be reduced by up to one percent of the State's total allotment for each day's delay.

(b) If the Regional Administrator's program evaluation reveals that the grantee will not achieve or has not achieved the outputs specified in the approved program, an effort should be made to resolve the situation through mutual agreement by amending the approved program. If agreement is not reached, the Regional Administrator may reduce the grant amount in proportion to the estimated program cost to produce such outputs, under § 30.920 of this chapter. This provision does not limit the Regional Administrator's right to take other appropri

ate actions authorized by §§ 30.915 and 30.920.

(c) Funds recovered under § 35.712 (a) and (b) will be available for grant awards to other States under § 35.710(c).

§ 35.714 Federal share.

(a) For solid waste planning and implementation activities under § 35.722(a). The Federal share for solid waste planning and implementation activities under § 35.722(a) shall not exceed 75 percent of total allowable work program costs, except that the Regional Administrator may award up to 100 percent of allowable costs of conducting the inventory of open dumps under the work element in §§ 35.722(a)(2) and 35.730-1.

(b) For hazardous waste program development and implementation activities under § 35.772(b). The Federal share of hazardous waste program development and implementation activities under § 35.722(b) shall not exceed:

(1) For fiscal years 1979, 1980, and 1981, 100 percent of the allowable work program costs of development of a fully authorized hazardous waste program, and 75 percent of all other work program costs. The Regional Administrator shall determine which costs are associated with program development.

(2) For fiscal year 1982 and subsequent fiscal years, 75 percent of the allowable work program costs.

[43 FR 43426, Sept. 25, 1978]

NOTE: For a class deviation document affecting § 35.714, see 46 FR 31642, June 17, 1981.

§ 35.716 Budget period.

The budget period of the grants shall be for the Federal fiscal year.

NOTE: For a class deviation document affecting § 35.716, see 46 FR 39590, Aug. 4, 1981.

§ 35.718 State program development and submission.

§ 35.718-1 Plan submission requirements.

(a) No grant funds will be awarded to a State for fiscal year 1978 for activities under the program elements in § 35.722(a) (solid waste plan develop