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lotment deadline; total funds availa- (xvi) Indication that the project ble; and other management criteria in does or does not satisfy the enforcethe approved State priority system. In able requirements provision, including developing its annual priority list, the (as appropriate) funding estimates for State must consider the construction those portions which do not meet the grant needs and priorities set forth in enforceable requirements of the Act. certified and approved State and (d) Public participation. Before the areawide WQM plans. The Regional State submits its annual project priorAdministrator may request that a ity list to the Regional Administrator, State provide justification for the the State shall insure that adequate rating or ranking established for spe public participation (including a public cific project(s).

hearing) has taken place as required (2) Project priority list information. by Subpart G of this part. Before the The project priority list shall include public hearing, the State shall circuthe information for each project that late information about the priority list is set out below for projects on the including a description of each profundable portion of the list. The Ad- posed project and a statement conministrator shall issue specific guid- cerning whether or not it is necessary ance on these information require to meet the enforceable requirements ments for the planning portion of the of the Act. The information on the list, including phase-in procedures for proposed priority list under paragraph the fiscal year 1979 priority planning (c)(2) of this section may be used to process.

fulfill these requirements. This public (i) State assigned EPA project hearing may be conducted jointly with number;

any regular public meeting of the (ii) Legal name and address of appli. State agency. The public must receive cant;

adequate and timely statewide notice (iii) Short project name or descrip- of the meeting (including publication tion;

of the proposed priority list) and at(iv) Priority rating and rank of each tendees at the meeting must receive project, based on the approved prior adequate opportunity to express their ity system;

views concerning the list. Any revision (v) Project step number (step 1, 2, 3, of the State priority list (including or 2+3);

project bypass and the deletion or ad(vi) Relevant needs authority/facili dition of projects) requires circulation ty number(s);

for public comment and a public hear(vii) NPDES number (as appropri- ing unless the State agency and the ate);

Regional Administrator determine (viii) Parent project number (i.e., that the revision is not significant. EPA project number for predecessor The approved State priority system project);

shall describe the public participation (ix) For step 2, 3, or 2+3 projects, in policy and procedures applicable to dication of alternative system for any proposed revision to the priority small community;

list. (x) For step 2, 3, or 2+3 projects, (e) Submission and review of project that portion (if any) of eligible cost to priority list. The State shall submit apply to alternative techniques;

the priority list as part of the annual (xi) For step 2, 3, or 2+3 projects, State program plan under Subpart G that portion (if any) of eligible cost to of this part. A summary of State apply to innovative processes;

agency response to public comment (xii) For step 3 or 2+3 projects, the and hearing testimony shall be preeligible costs in categories IIIB, IV, pared and submitted with the priority and V (see $ 35.915(a)(1)(ii));

list. The Regional Administrator will (xiii) Total eligible cost;

not consider a priority list to be final (xiv) Date project is expected to be until the public participation requirecertified by State to EPA for funding; ments are met and all information re

(xv) Estimated EPA assistance (not quired for each project has been reincluding potential grant increase ceived. The Regional Administrator from the reserve in $ 35.915-1(b)); and will review the final priority list within 30 days to insure compliance (i) The project has been fully with the approved State priority funded; system. No project may be funded (ii) The project is no longer entitled until this review is complete.

to funding under the approved prior(f) Revision of the project priority ity system; list. The State may modify the project (iii) The Regional Administrator has priority list at any time during the determined that the project is not program planning cycle in accordance needed to comply with the enforceable with the public participation require requirements of the Act; or ments and the procedures established (iv) The project is otherwise ineligiin the approved State priority system. ble. Any modification (other than clerical) (g) Regional Administrator review to the priority list must be clearly doc- for compliance with the enforceable reumented and promptly reported to the quirements of the Act. (1) Unless othRegional Administrator. As a mini- erwise provided in paragraph (g)(2) of mum, each State's priority list man this section, the Regional Administraagement procedure must provide for tor may propose the removal of a spethe following conditions:

cific project or portion thereof from (1) Project bypass. A State may the State project priority list during bypass a project on the fundable por or after the initial review where there tion of the list after it gives written is reason to believe that it will not notice to the municipality and the result in compliance with the enforceNPDES authority that the State has able requirements of the Act. Before determined that the project to be by making a final determination, the Repassed will not be ready to proceed gional Administrator will initiate a during the funding year. Bypassed public hearing on this issue. Quesprojects shall retain their relative pri- tioned projects shall not be funded ority rating for consideration in the during this administrative process. future year allotments. The highest Consideration of grant award will conranked projects on the planning por- tinue for those projects not at issue in tion of the list will replace bypassed accordance with all other requireprojects. Projects considered for fund- ments of this section. ing in accordance with this provision (i) The Regional Administrator shall must comply with paragraph (g) of establish the procedures for the public this section.

notice and conduct of any such hear(2) Additional allotments. If a State

ing, or, as appropriate, the procedures receives any additional allotment(s), it may be adapted from existing agency may fund projects on the planning procedures such as $ 6.400 or $ $ 123.32 portion of the priority list without fur

and 123.34 of this chapter. The procether public participation if:

dures used must conform to minimum (i) The projects on the planning por

Agency guidelines for public hearings tion have met all administrative and

under Part 25 of this chapter. public participation requirements out

(ii) Within 30 days after the date of lined in the approved State priority

the hearing, the Regional Administrasystem; and

tor shall transmit to the appropriate (ii) The projects included within the

State agency a written determination fundable range are the highest prior

about the questioned projects. If the ity projects on the planning portion.

Regional Administrator determines

that the project will not result in comIf sufficient projects that meet these pliance with the enforceable requireconditions are not available on the ments of the Act, the State shall planning portion of the list, the State remove the project from the priority shall follow the procedures outlined in list and modify the priority list to reparagraph (e) of this section to add flect this action. The Regional Adminprojects to the fundable portion of the istrator's determination will constitute priority list.

the final agency action, unless the (3) Project removal. A State may State or municipality files a notice of remove a project from the priority list appeal under Part 30, Subpart J of only if:

this subchapter.

(2) The State may use 25 percent of are not obligated by the end of the alits funds during each fiscal year for lotment period will be added to the projects or portions of projects in cate amounts last allotted to a State. These gories IIIB, IVA, IVB, and V (see funds shall be immediately available § 35.915(a)(1)(ii)). These projects must for obligation to projects in the same be eligible for Federal funding to be

manner and to the same extent as the included on the priority list. EPA will

priority list. EPA will last allotment. generally not review these projects

(b) Reserve for innovative and alterunder paragraph (g)(1) of this section

native technology project grant into determine if they will result in com

crease. Each State shall set aside from pliance with the enforceable require

its annual allotment a specific percentments of the Act. The Regional Ad

age to increase the Federal share of ministrator will, however, review all

grant awards from 75 percent to 85 projects or portions thereof which

percent of the eligible cost of conwould use funds beyond the 25-percent

struction (under $ 35.908(b)(1)) for level according to the criteria in para

construction projects which use innograph (g)(1) of this section. (h) Regional Administrator review

vative or alternative waste water treatfor eligibility. If the Regional Admin

ment processes and techniques. The

set-aside amount shall be 2 percent of istrator determines that a project on

the State's allotment for each of fiscal the priority list is not eligible for as

years 1979 and 1980, and 3 percent for sistance under this subpart, the State and municipality will be promptly ad

fiscal year 1981. Of this amount not

less than one-half of 1 percent of the vised and the State will be required to modify its priority list accordingly.

State's allotment shall be set aside to Elimination of any project from the

increase the Federal grant share for priority list shall be final and conclu

projects utilizing innovative processes sive unless the State or municipality

and techniques. Funds reserved under files a notice of appeal under Part 30,

this section may be expended on projSubpart J of this subchapter.

ects for which facilities plans were ini

tiated before fiscal year 1979. These (43 FR 44049, Sept. 27, 1978, as amended at funds shall be reallotted if not used 44 FR 37595, June 27, 1979; 44 FR 39339,

for this purpose during the allotment July 5, 1979)

period. Note: For a class deviation document affecting & 35.915 (e) and (f)(1) see 46 FR

(c) Reserve for grant increases. The 43417, Aug. 28, 1981.

State shall set aside not less than 5

percent of the total funds available 8 35.915-1 Reserves related to the project during the priority list year for grant priority list.

increases (including any funds necesIn developing the fundable portion

sary for development of municipal preof the priority list, the State shall pro

treatment programs) for projects vide for the establishment of the sev

awarded assistance under $ 35.935-11. eral reserves required or allowed under

The funds reserved for this purpose this section. The State shall submit a

shall be reallotted if not obligated. statement specifying the amount to be

Therefore, if they are not needed for set aside for each reserve with the grant increases they should be refinal project priority list.

leased for funding additional projects (a) Reserve for State management as before the reallotment deadline. sistance grants. The State may (but (d) Reserve for step 1 and step 2 projneed not) propose that the Regional ects. The State may (but need not) set Administrator set aside from each al- aside up to 10 percent of the total lotment a reserve not to exceed 2 per- funds available in order to provide cent or $400,000, whichever is greater, grant assistance to step 1 and step 2 for State management assistance projects that may be selected for fundgrants under Subpart F of this part. ing after the final submission of the Grants may be made from these funds project priority list. The funds reto cover the reasonable costs of admin- served for this purpose shall be realistering activities delegated to a State, lotted if not obligated. Therefore, they Funds reserved for this purpose that should be released for funding addi

tional projects before the reallotment (c) EPA requires full compliance deadline.

with the facilities planning provisions (e) Reserve for alternative systems of this subpart before award of step 2 for small communities. Each State or step 3 grant assistance. (Facilities with a rural population of 25 percent planning initiated before May 1, 1974, or more (as determined by population may be accepted under regulations estimates of the Bureau of Census) published on February 11, 1974, if the shall set aside an amount equal to 4 step 2 or step 3 grant assistance is percent of the State's annual allot awarded before April 1, 1980.) ment, beginning with the fiscal year (d) Grant assistance for step 2 or 1979 allotment. The set-aside amount step 3 may be awarded before approval shall be used for funding alternatives of a facilities plan for the entire geoto conventional treatment works for graphic area to be served by the comsmall communities. The Regional Ad plete waste treatment system of which ministrator may authorize, at the re

the proposed treatment works will be quest of the Governor of any non

an integral part if: rural State, a reserve of up to 4 per

(1) The Regional Administrator decent of that State's allotment for al

termines that applicable statutory reternatives to conventional treatment

quirements have been met (see works for small communities. For the

$$ 35.925-7 and 35.925-8); that the purposes of this paragraph, the defini

facilities planning related to the protion of a small community is any mu

posed step 2 or step 3 project has been nicipality with a population of 3,500 or

substantially completed; and that the less, or highly dispersed sections of

step 2 or step 3 project for which larger municipalities, as determined by

grant assistance is made will not be the Regional Administrator. In States

significantly affected by the complewhere the reserve is mandatory, these

tion of the facilities plan and will be a funds shall be reallotted if not obligat

component part of the complete ed during the allotment period. In

system; and States where the reserve is optional,

(2) The applicant agrees to complete these funds should be released for

the facilities plan on a schedule the funding projects before the reallot

State accepts (subject to the Regional ment deadline.

Administrator's approval); the sched

ule shall be inserted as a special condiNOTE: For class deviation documents af- tion in the grant agreement. fecting $35.915-1 (a), (b), and (e), see 45 FR (e) Facilities planning may not be 81567, Dec. 11, 1980, 46 FR 40511, Aug. 10,

initiated before award of a step 1 1981, and 47 FR 4066, Jan. 28, 1982.

grant or written approval of a plan of 8 35.917 Facilities planning (step 1).

study (see $35.920-3(a)(1)) accompa

nied by reservation of funds for a step (a) Sections 35.917 through 35.917-9 1 grant (see $$ 35.925-18 and 35.905). establish the requirements for facili Facility planning must be based on ties plans.

load allocations, delineation of facility (b) Facilities planning consists of planning areas and population projecthose necessary plans and studies tion totals and disaggregations in apwhich directly relate to the construc- proved water quality management tion of treatment works necessary to (WQM) plans. (See paragraph 8a(3) of comply with sections 301 and 302 of Appendix A.) After October 1, 1979, the Act. Facilities planning will dem- the Regional Administrator shall not onstrate the need for the proposed approve grant assistance for any profacilities. Through a systematic evalu ject under this subpart if such facilityation of feasible alternatives, it will related information is not available in also demonstrate that the selected al- an approved WQM plan, unless the ternative is cost-effective, i.e., is the Regional Administrator determines, in most economical means of meeting es writing, based on information submittablished effluent and water quality ted by the State or the grantee, that goals while recognizing environmental the facility-related information was and social considerations. (See Appen- not within the scope of the WQM dix A to this subpart.)

work program, or that award of the

[merged small][ocr errors]

grant is necessary to achieve water Appendix A to this subpart.) This quality goals of the Act.

analysis shall include: (f) If the information required as (1) The relationship of the size and part of a facilities plan has been devel. capacity of alternative works to the oped separately, the facilities plan needs to be served, including reserve should incorporate it by reference. capacity; Planning which has been previously or (2) An evaluation of alternative flow collaterally accomplished under local, and waste reduction measures, includState, or Federal programs will be uti- ing nonstructural methods; lized (not duplicated).

(3) An evaluation of improved efflu

ent quality attainable by upgrading $ 35.917-1 Content of facilities plan.

the operation and maintenance and efFacilities planning must address ficiency of existing facilities as an aleach of the following to the extent ternative or supplement to construcconsidered appropriate by the Region

tion of new facilities; al Administrator:

(4) An evaluation of the capability of (a) A description of the treatment

each alternative to meet applicable efworks for which construction drawings

fluent limitations. (All step 2, step 3, and specifications are to be prepared.

or step 2+3 projects shall be based on This description shall include prelimi

application of best practicable waste nary engineering data, cost estimates

treatment technology (BPWTT), as a for design and construction of the

minimum. Where application of treatment works, and a schedule for

BPWTT would not meet water quality completion of design and construction.

standards, the facilities plan shall proThe preliminary engineering data may

vide for attaining such standards. include, to the extent appropriate, in

Such provision shall consider the alformation such as a schematic flow

ternative of treating combined sewer diagram, unit processes, design data

overflows.); regarding detention times, flow rates,

(5) An identification of, and provi. sizing of units, etc.

sion for, applying BPWTT as defined (b) A description of the selected

by the Administrator, based on an complete waste treatment system(s) of

evaluation of technologies included which the proposed treatment works

under each of the following waste is a part. The description shall cover

treatment management techniques: all elements of the system, from the

(i) Biological or physical-chemical service area and collection sewers,

treatment and discharge to receiving through treatment, to the ultimate

waters; discharge of treated wastewaters and

(ii) Systems employing the reuse of management and disposal of sludge. wastewater and recycling of pollutPlanning area maps must include ants; major components of existing and pro (iii) Land application techniques; posed treatment works. For individual (iv) Systems including revenue gensystems, planning area maps must in- erating applications; and clude those individual systems which (v) Onsite and nonconventional sysare proposed for funding under tems; $ 35.918.

(6) An evaluation of the alternative (c) Infiltration/inflow documenta- methods for the ultimate disposal of tion in accordance with $ 35.927 et seq. treated wastewater and sludge materi

(d) A cost-effectiveness analysis of als resulting from the treatment procalternatives for the treatment works ess, and a justification for the and for the complete waste treatment method(s) chosen; system(s) of which the treatment (7) An adequate assessment of the works is a part. The selection of the expected environmental impact of alsystem(s) and the choice of the treat. ternatives (including sites) under Part ment works for which construction 6 of this chapter. This assessment drawings and specifications are to be shall be revised as necessary to include prepared shall be based on the results information developed during subseof the cost-effectiveness analysis. (See quent project steps;

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