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works. Such technologies may be used grant awards after December 27, 1977, in the construction of waste water from funds allotted or reallotted in treatment works under this subpart as fiscal year 1978 may also receive the $ 35.915-1, § 35.930-5, Appendix E, and grant increase from funds allotted for this section provide. New technology fiscal year 1979 for eligible portions or processes may also be developed or that meet the criteria for alternative demonstrated with the assistance of technologies in Appendix E, if funds EPA research or demonstration grants are available for such purposes under awarded under Title I of the Act (see $ 35.915-1(b). Part 40 of this subchapter).

(c) Modification or replacement of (b) Funding for innovative and al innovative and alternative projects. terative technologies. (1) Projects or The Regional Administrator may portions of projects which the Region award grant assistance to fund 100 al Administrator determines meet cri percent of the eligible costs of the teria for innovative or alternative modification or replacement of any technologies in Appendix E may re treatment works constructed with 85ceive 85-percent grants (see $ 35.930 percent grant assistance if: 5).

(1) He determines that: (i) Only funds from the reserve in (i) The facilities have not met design $ 35.915-1(b) shall be used to increase

performance specifications (unless these grants from 75 to 85 percent.

such failure is due to any person's neg(ii) Funds for the grant increase

ligence); shall be distributed according to the

(ii) Correction of the failure requires chronological approval of grants,

significantly increased capital or operunless the State and the Regional Ad

ating and maintenance expenditures; ministrator agree otherwise.

and (iii) The project must be on the fun

(iii) Such failure has occurred within dable portion of the State project pri

the 2-year period following final inority list.

spection; and (iv) If the project is an alternative to

(2) The replacement or modification conventional treatment works for a small community (a municipality with

project is on the fundable portion of

the State's priority list. a population of 3,500 or less or a

(d) Sole source procurement. A deterhighly dispersed section of a larger municipality, as defined by the Re

mination by the Regional Administragional Administrator), funds from the

tor under this section that innovative reserve in 35.915(e) may be used for

criteria have been met will serve as the the 75 percent portion of the Federal

basis for sole source procurement (see

$ 35.936-13(b)) for step 3, if approprigrant. (v) Only if sewer related costs quali

ate, to achieve the objective of demonfy as alternatives to conventional

strating innovative technology. treatment works for small communi

$ 35.909 Step 2+3 grants. ties are they entitled to the grant increase from 75 to 85 percent, either as

(a) Authority. The Regional Adminpart of the entire treatment works or

istrator may award grant assistance as components.

for a step 2+3 project for the combi(2) A project or portions of a project nation of design (step 2) and construcmay be designated innovative or alter tion (step 3) of a wastewater treatnative on the basis of a facilities plan ment works. or on the basis of plans and specifica (b) Limitations. The Regional Adtions. A project that has been desig- ministrator may award step 2+3 grant nated innovative on the basis of the assistance only if he determines that: facilities plan may lose that designa- (1) The population is 25,000 or less tion if plans and specifications indi- for the applicant municipality (accordcate that it does not meet the appro- ing to most recent U.S. Census inforpriate criteria stated in section 6 of mation or disaggregations thereof); Appendix E.

(2) The treatment works has an esti(3) Projects or portions of projects mated total step 3 construction cost of that receive step 2, step 3, or step 2+3 $2,million or less, as determined by the Regional Administrator. For any remain available for obligation until State that the Assistant Administrator the end of 1 year after the close of the for Water and Waste Management fiscal year for which the sums were finds to have unusually high costs of authorized. Sums not obligated at the construction, the Regional Adminis- end of that period shall be immediatetrator may make step 2+3 awardsly reallotted on the basis of the same where the estimated total step 3 con ratio as applicable to sums allotted for struction costs of such treatment the then-current fiscal year, but none works does not exceed $3,million. The of the funds reallotted shall be made project must consist of all associated available to any State which failed to step 2 and step 3 work; segmenting is obligate any of the funds being realnot permitted; and

lotted. Any sum made available to a (3) The fundable range of the ap- State by reallotment under this secproved project priority list includes tion shall be in addition to any funds the step 2 and step 3 work.

otherwise allotted to such State for (c) Application requirements. Step grants under this subpart during any 2+3 projects are subject to all require fiscal year. ments of this subpart that apply to (c) Sums which are deobligated after separate step 2 and step 3 projects the reallotment date for those funds except compliance with $ 35.920-3(c) is shall be treated in the same manner as not required before grant award. An the most recent allotment before the applicant should only submit a single deobligation. application.

(d) Cross references. See $$ 35.920- 835.910-3 (Reserved) 3(d) (contents of application), 35.9301(a)(4) (types of projects) and 35.935-4 & 35.910-4 (Reserved) (grant conditions).

8 35.910-5 Additional allotments of previ. NOTE: For documents affecting

ously withheld sums. $ 35.909(b)(2), see 45 FR 81567, Dec. 11, 1980 and 47 FR 4066, Jan. 28, 1982.

(a) A total sum of $9 billion is allot

ted from sums authorized, but initially § 35.910 Allocation of funds.

unallotted, for fiscal years 1973, 1974,

and 1975. This additional allotment 835.910-1 Allotments.

shall be available for obligation Allotments are made on a formula or through September 30, 1977, before other basis which Congress specifies reallotment of unobligated sums under for each fiscal year. Except where $35.910-2. Congress indicates the exact amount (b) Two-thirds of the sum hereby alof funds which each State should re- lotted ($6 billion) represents the iniceive, computation of a State's ratio tially unallotted portion of the will be carried out to the nearest ten- amounts authorized for fiscal years thousandth percent (0.0001 percent). 1973 and 1974. Therefore, the portion Unless regulations for allotments for a of the additional allotments derived specific fiscal year otherwise specify, from this sum were computed by apalloted amounts will be rounded to the plying the percentages formerly set nearest thousand dollars.

forth in § 35.910-3(b) to the total sums

authorized for fiscal years 1973 and 8 35.910-2 Period of availability; reallot.

1974 ($11 billion) and subtracting the ment.

previously allotted sums, formerly set (a) All sums allotted under $ 35.910 forth in § 35.910-3(c). 5 shall remain available for obligation (c) One-third of the sum hereby alwithin that State until September 30, lotted ($3 billion) represents the ini. 1978. Such funds which remain unobli- tially unallotted portion of the gated on October 1, 1978, will be im- amounts authorized for fiscal year mediately reallotted in the same 1975. Therefore, the portion of the admanner as sums under paragraph (b) ditional allotments derived from this of this section.

sum were computed in a three-step (b) All other sums allotted to a State process: First, by applying the perunder section 207 of the Act shall centages set forth in $ 35.910-4(b) to

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the total sums authorized for fiscal year 1975 ($7 billion); then, by making adjustments necessary to assure that no State's allotment of such sums fell below its fiscal year 1972 allotment, under Pub. L. 93-243; and, finally, by subtracting the previously allotted sums set forth in § 35.910-4(c).

(d) Based upon the computations set forth in paragraphs (b) and (c) of this section, the total additional sums hereby allotted to the States are as follows:

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$ 35.910-6 Fiscal year 1977 public works

allotments. (a) The $480 million appropriated by Pub. L. 94-447, 90 Stat. 1498, is available for obligation under the authority of title III of the Public Works Employment Act of 1976 (Pub. L. 94-369, 90 Stat. 999), as provided by section 301 of Pub. L. 94-369, to carry out title II of the Clean Water Act (other than sections 206, 208, and 209). Allotments of these funds shall remain available until expended. Amounts allotted are* in addition to the State's last allotment under the Clean Water Act and are to be used for the same purpose.

(b) The sum of $480 million has been allotted to States identified in column 1 of the Table IV of the House Public Works and Transportation Committee print numbered 94-25 based on percentages shown in column 5 of that table.

(c) The percentages referred to in paragraph (b) of this section and used in computing the State allotments set forth in paragraph (d) of this section are as follows:

Alabama..
Alaska
Arizona....
Arkansas..
California.
Colorado
Connecticut ......
Delaware..
District of Columbia...
Florida
Georgia ........
Hawaii
Idaho
Illinois .........
Indiana ..
lowa..
Kansas ...........
Kentucky.........
Louisiana ..
Maine
Maryland.. ........
Massachusetts.
Michigan ..........
Minnesota........
Mississippi
Missouri ..........
Montana..........
Nebraska ........
Nevada .........
New Hampshire
New Jersey
New Mexico ....
New York.............
North Carolina..........
North Dakota ...
Ohio
Oklahoma .........
Oregon..............
Pennsylvania ..
Rhode Island...........
South Carolina ........
South Dakota
Tennessee..
Texas ...............
Utah...............
Vermont ...........
Virginia
Washington ........
West Virginia ........
Wisconsin ..........
Wyoming...........
Guam ............
Puerto Rico
Virgin Islands
American Samoa.....

$43.975,950 25,250,500 18,833,450 39,822,700 945,776,800

State

Percent

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Alabama
Alaska.
Arizona
Arkansas ....
California ........
Colorado...........
Connecticut.........
Delaware
District of Columbia
Florida.......
Georgia.....
Hawaii.......
Idaho.
Illinois
Indiana..
lowa ..........
Kansas...........
Kentucky .......
Louisiana
Maine
Maryland...........
Massachusetts ........
Michigan ...........
Minnesota .......
Mississippi.
Missouri.....

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43,113,300 155,091,800 56,394,900 72,492,000 345,870,100 117.772,800 51,903,300

19.219.100 571,698,400 251,631,800 100,044,900 53,794,200 90,430,800 71,712,250 78,495,200 297.705,300 295,809,100 625.991.900 172,024,500

38,735,200 157,471,200 12,378,200 38,539,500 31,839,800 77.199,350 660,830,500

15,054,900 1,046,103,500 110,345,000

2,802,000 497,227,400 64,298,700

77.582,900 498,984,900 45.599,600 82,341,900

5,688,000 107,351,400 174,969,850 21,376,500 22,506,600 251,809,000 103,915,600 59,419,900 145,327,400

2,930,650 6,399,200 84,910,500 7,794,800 738,200

2.90
2.70
3.51

0 1.51

2.65 1.47

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624,000

5,424,000

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O

31,920,000 5,088,000

17,472,000 1,344,000

Montana ........ Nebraska.... Nevada.. New Hampshire....... New Jersey. New Mexico. New York, North Carolina ..... North Dakota Ohio .......... Oklahoma....... Oregon ........... Pennsylvania.......... Rhode Island. South Carolina South Dakota.... Tennessee ...... Texas Utah Vermont.. Virginia. Washington ....... West Virginia......... Wisconsin...... Wyoming ........... Guam, Puerto Rico...... Virgin Islands ......... American Samoa.......... Trust Territory of Pacific ......

Total.

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Nevada.. New Hampshire... New Jersey ............... New Mexico ..... New York.......... North Carolina North Dakota.. Ohio...................... Oklahoma .... Oregon ........... Pennsylvania Rhode Island. South Carolina South Dakota .. Tennessee............ Texas ............ Utah Vermont ......... Virginia .......... Washington..... West Virginia .......... Wisconsin Wyoming. Guam....... Puerto Rico ........ Virgin Islands......... American Samoa ......... Trust Territory of Pacific

14,016,000

4,272,000 14,448,000 88,608,000 8,928,000

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11,952,000 34,272,000 12,720,000 4,368,000 1,440.000 5,856,000

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0

768,000 4,704,000

100.00

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Alabama Alaska ........ Arizona ......... Arkansas............. California......... Colorado ......... Connecticut ......... Delaware............. District of Columbia ...... Florida ......... Georgia ...... Hawaii.. Idaho ......... Illinois ....... Indiana ...... lowa.......... Kansas Kentucky. Louisiana..... Maine.. Maryland .......... Massachusetts ....... Michigan Minnesota ...... Mississippi ...... Missouri....... Montana......... Nebraska

8 35.910-7 Fiscal Year 1977 Supplemental

Appropriations Act allotments. (a) Under Title I, Chapter V of Pub. L. 95-26, $1 billion is available for obligation. The allotments are to be used to carry out Title II of the Act, excluding sections 206, 208, and 209. These allotments are available until expended but must be obligated by May 3, 1980. After that date, unobligated balances will be subject to reallotment under section 205 (b) of the Act (see $ 35.910-2 (b)).

(b) The allotments, computed by proportionally adjusting the table on page 16 of Senate Report No. 95-38, are based on the following four factors:

(1) 25 percent on the States estimated 1975 census population;

(2) 50 percent on each State's partial needs, i.e., on the cost of needed facilities in categories I, II, and IVB (secondary treatment, more stringent treatment required to meet water quality standards, and interceptor sewers and pumping stations), as shown in table IV of the May 6, 1975,

1,776,000 13,920,000 12.960,000 16,848,000

7.248,000

12,720,000 7,056,000 2024000 3,696,000

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EPA report, “cost Estimates for Construction of Publicly Owned Waste Water Treatment Facilities—1974 Needs Survey";

(3) 25 percent on each State's full needs, i.e., on the cost of needed facilities in categories I, II, IIIA, IIIB, IVA, IVB, and V (secondary treatment, more stringent treatment required to meet water quality standards, infiltration and inflow correction, major sewer system rehabilitation, collector sewers, interceptor sewers, and pumping stations, and treatment of combined sewer overflows), as shown in table V of the EPA report noted in paragraph (b) (2) of this section; and

(4) An allotment adjustment to insure that no State receives less than the one-third of 1 percent of the total amount allocated.

(c) Based on paragraph (b) of this section, the total additional sums hereby allotted to the States are as follows:

Rhode Island ..........
South Carolina.
South Dakota
Tennessee..
Texas .......
Utah..........
Vermont ........
Virginia .....
Washington..
West Virginia ...
Wisconsin ...........
Wyoming...
Guam....
Puerto Rico ..
Virgin Islands.
American Samoa ..
Trust Territory of Pacific....

3,966,000 13,088,000

3,272,000 14,872,000 43,030.000 5,057,000 3,272,000 22,011,000 15,368,000 21,614,000 19,929,000 3,272,000

992,000 8,923,000

496,000 298,000 1,983.000

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Alabama.
Alaska
Arizona ..........
Arkansas........
California........
Colorado.
Connecticut...
Delaware..
District of Columbia.........
Florida
Georgia .......
Hawaii ......
Idaho.
Illinois .........
Indiana .........
lowa............
Kansas
Kentucky...
Louisiana.......
Maine ...............
Maryland.....
Massachusetts ...
Michigan
Minnesota..
Mississippi
Missouri.
Montana.
Nebraska
Nevada.............
New Hampshire ......
New Jersey ............
New Mexico.
New York.
North Carolina.....
North Dakota.... ......
Ohio......
Oklahoma .........
Oregon.
Pennsylvania

$10,906,000

4,759,000 6,345,000 10.807.000 82,391,000

8,031,000 12,195,000 3,966,000 3,966,000 35,792,000 19,929,000 6,940,000

4,065,000 52,151,000 21,713,000 11,005,000 12,195.000 14,971,000 12,493,000

5,453,000 37,874,000 27,662,000 46,897,000 15,070,000

7,535,000 19.830.000

3,272,000 6,147.000 3,272,000 6.742,000 47,591,000

3,272,000 105,294,000 20.722,000

3.272.000 55,522,000 13.484.000

8,328,000 46,698.000

Alabama ......
Alaska......
Arizona
Arkansas ......
California
Colorado...........
Connecticut...........
Delaware .........
District of Columbia
Florida......
Georgia..........
Hawaii.......
Idaho.
Illinois.
Indiana....
lowa .........
Kansas......
Kentucky .........
Louisiana.....
Maine.
Maryland...........
Massachusetts .....
Michigan..............
Minnesota ......
Mississippi
Missouri
Montana
Nebraska.........
Nevada ..........
New Hampshire......

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