This subpart, which establishes and codifies policy and procedures for air and water pollution control program assistance grants, supplements the EPA general grant regulations and procedures (Part 30 of this chapter) and is applicable to air and water program grants. These grants are intended to aid programs for the prevention and control of air or water pollution at the State, interstate or local level.

[38 FR 17218, June 29, 1973]

§ 35.400-1 Grants may be awarded to air pollution control agencies and interstate planning agencies.

Grants may be awarded to air pollution control agencies for the planning, development, establishment, improvement, and maintenance of programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. Grants may be awarded to interstate planning agencies for the development of implementation plans for any interstate air quality control region. § 35.400-2 Water pollution control program grant awards.

Grants may be awarded to State and interstate water pollution control agencies to assist them in developing or administering programs for the prevention reduction, and elimination of water pollution, including enforcement directly or through appropriate State law enforcement officers or agencies.

[38 FR 17218, June 29, 1973]

(1) Consistency and compatibility of goals and expected results with national strategies in implementing the purpose and policies of the Clean Air Act and the Federal Water Pollution Control Act, as amended.

(2) Feasibility of achieving goals and expected results in relation to existing problems, past performance, program authority, organization, resources and procedures.

(b) Approval of the program developed pursuant to § 35.525 (air) or § 35.554 (water) shall be based on the extent to which the applicant's program satisfies the above criteria.

[38 FR 17218, June 29, 1973]

§ 35.410 Evaluation of program performance.

(a) Program performance evaluations shall be conducted at least annually by the appropriate Regional Administrator and the grantee to provide a basis for measuring progress toward achieving approved program objectives or milestones described in the program. The evaluation shall address the objectives, responsibilities, major functions, and other related activities set forth in the grantees' approved program. For air program grants, the evaluation shall be completed not later than 120 days before the beginning of the new budget period.

(b) The Regional Administrator shall prepare a summary of the joint evaluation findings. The grantee shall be allowed 15 working days from date of receipt to concur with or comment on the findings.

[38 FR 17218, June 29, 1973]

§ 35.415 Report of project expenditures.

Within 90 days after the end of each budget period, the grantee must submit to the Regional Administrator an annual report of all expenditures (Federal and non-Federal) which accrued during the budget period. Beginning in the second quarter of any succeeding budget period, grant payments may be withheld pursuant to § 30.602-1 of this chapter until this report is received.

[38 FR 17218, June 29, 1973] § 35.420

Payment.

Grant payments may be made in advance, however payments will be made in a manner so as to minimize the time elapsed between receipt of grant funds by the grantee and disbursement by him.

As used herein, the following words and terms shall have the meaning set forth below:

§ 35.501-1 Air pollution.

The presence in the outdoor atmosphere of any dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or a combination thereof, in sufficient quantities and of such characteristics and duration as to be, or likely to be, injurious to health or welfare, animal or plant life, or property, or as to interfere with the enjoyment of life or property.

§ 35.501-2 Air pollution control agency. Any of the following:

(a) State air pollution control agency. A single State agency designated by the Governor of that State as the State agency with substantial responsibility for the prevention and control of air pollution within the State;

(b) Interstate air pollution control agency. An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution;

(c) Municipal air pollution control agency. A city, county, or other local government agency responsible for enforcing ordinances or laws relating to the prevention and control of air pollution.

(d) Intermunicipal air pollution control agency. An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution.

§ 35.501-3 Air pollution control pro

gram.

A program for the prevention and control of air pollution or the implementation, maintenance, and enforcement of

national primary and secondary ambient air quality standards.

§ 35.501-4 Air quality control region.

An area designated or established pursuant to section 107 of the Clean Air Act, 42 U.S.C. 1857c-2.

§ 35.501-5 Implementation plan.

The implementation plan, or revision thereof, which has been approved under section 110(a) of the Clean Air Act (42 U.S.C. 1857c-5(a)), and which implements a national primary or secondary ambient air quality standard in a State or portion thereof.

§ 35.501-6 Interstate air quality control region.

A geographic area, designated under section 107 of the Clean Air Act, that includes areas in two or more States. § 35.501-7 Interstate planning agency.

An agency legally constituted under the laws of two or more States having all powers necessary to carry out a planning project in accordance with section 106 of the Clean Air Act, and designated by the Governor of each State as the official air pollution control planning agency for the area of jurisdiction within such State covered by the project.

§ 35.501-8 Maintenance program.

A program of an air pollution control agency that as a minimum has attained the level of operation set forth in § 35.525-2.

§ 35.501-9 Municipality.

A city, town, borough, county, parish, district, or other public body created by or pursuant to State law.

§ 35.501-10 Nonrecurrent expendi

tures.

Expenditures which include:

(a) The amount by which the annual cost of the purchases of individual items of equipment, each costing over $2,500, exceed the average of such purchases for the 3 preceding fiscal years. Nonrecurrent equipment purchases may be depreciated over the anticipated useful life of the equipment.

(b) Costs of projects supported under grants authorized by sections of the Clean Air Act other than section 105. § 35.501-11 Premaintenance program.

An undertaking to plan, develop, establish, or improve an air pollution con

No later

(a) Tentative allowances. than April 1 of each year, the Administrator will issue to each Regional Administrator a tentative regional allowance for the next fiscal year. This tentative allowance (planning target) will be based on the amount of the appropriation requested for the next fiscal year. The Regional Administrator shall promptly notify each State agency of the tentative allotment for the State for the next fiscal year.

(b) Final allowances. As soon as practicable, after funds are made available, the Administrator will issue to each Regional Administrator a final regional allowance for State allotment of the funds appropriated for each fiscal year.

(c) Determination. Regional allowances and State allotments shall be the sum of the amounts required to support State and local programs which meet the requirements of § 35.525 and shall, so far as practicable, be determined by (1) the population served by a program, (2) the extent of the actual or potential air pollution problem within a program's area of jurisdiction, (3) the financial need of the applicant, and (4) the impact of the program's activities upon national priorities and objectives existing at the time. The allotment for any one State may not exceed an amount equal to 10 percent of the funds appropriated for the purposes of section 105(a) of the Clean Air Act in any one fiscal year.

(d) Reallotment. By October 15 of each year, or as soon thereafter as practicable, the Administrator will issue to

§ 35.507-1 Limitations on assistance.

(a) Control programs. Subject to the availability of funds, the criteria contained in § 35.520, and in accordance with the schedule of Federal support (§ 35.507-3), the Regional Administrator may award a grant for:

(i)

(1) Premaintenance programs. Up to two-thirds of the allowable costs for any air pollution control agency (see § 30.701 of this chapter).

(ii) Up to three-fourths of the allowable costs for any air pollution control agency as defined in § 35.501-2 (a), (b), and (d).

(2) Maintenance programs. (1) Up to one-half of the allowable costs for any air pollution control agency.

(ii) Up to three-fifths of the allowable costs for any air pollution control agency as defined in § 35.501-2 (a), (b), and (d).

(b) Interstate planning. Subject to the availability of funds, and the criteria contained in § 35.520-2, the Regional Administrator may award a grant to an interstate planning agency as defined in 35.501-8 in an amount up to 95 percent of the estimated air quality planning program costs for an initial 2year period. Thereafter, the Regional Administrator is authorized to support such interstate planning agencies in an amount up to three-fourths of the estimated air quality planning program costs.

§ 35.507-2 Limitations on duration.

(a) Project period-(1) Premaintenance programs. The project period for premaintenance programs shall be a period of time expressed in years that is mutually agreeable to the Regional Administrator and the control agency, but shall not exceed 6 years. The project period shall be based on the program goals identified in the program description of the initial premaintenance grant application. The Regional Administrator may extend the project period once for a period of 1 year. Subsequently, no further Federal support will be available to the control agency at the premaintenance program level.

(2) Maintenance programs. The project period for maintenance programs

shall be unlimited provided that such programs continue at a maintenance level. Federal support may be suspended or terminated if a maintenance program ceases to qualify under § 35.525-2.

(3) Interstate planning. The project period for interstate planning shall be a period of time expressed in years that is mutually agreeable to the Regional Administrator and the interstate agency, but shall not exceed 3 years. The project period shall be based on the program goals identified in the program description of the planning grant application. The Regional Administrator may extend the project period once for a period of 1 year.

(b) Budget periods. The budget period of any grant awarded to support a premaintenance or maintenance program or an interstate planning agency shall be for a period of 12 months and shall be coterminous with the grantee agency's fiscal year.

§ 35.507-3 Schedule of Federal support.

§ 35.510 Grant amount.

§ 35.510-1 Determination.

(a) Control agencies. In determining the amount of support for a control agency, the Regional Administrator will consider: (1) The functions, duties, and obligations assigned to the program by any applicable implementation plan; (2) the feasibility of the program in view of the resources to be made available to maintain a total program effort; (3) the probable or estimated total cost of the program in relation to its expected accomplishments; (4) the extent of the actual or potential pollution problem; and (5) the population served within the agency's jurisdiction.

(b) Interstate planning agencies. In determining the amount of support for an interstate planning agency, the Regional Administrator will, pursuant to section 106 of the Act, consider the extent of the actual or potential air pollution problem in relation to: (1) The need to revise applicable implementation plans, or portions thereof, to insure the timely achievement of national primary or secondary ambient air quality standards; (2) the development of new implementation plans; and he will also consider (3) the comments of the appropriate governmental officials; (4) the feasibility of the project with regard to the resources available; and (5) the estimated cost of the project compared to its probable accomplishments.

(a) The amount of a grant award to support an air pollution control agency premaintenance or maintenance program shall be subject to the grant limits set forth in § 35.507-1 in accordance with the schedule of Federal support in § 35.507-3.

(b) Whenever a final allowance is not sufficient to meet the funding requirements of qualified air pollution control agencies, the Regional Administrator shall give priority to continuation support.

(c) Whenever funds available are insufficient to continue support for programs entitled to priority, an agency shall be consulted prior to any reduction in the amount of Federal support.

(d) Grants shall be awarded only from appropriations available at the time of award.

§ 35.515 Eligibility.

(a) No grant may be awarded unless the grant application includes a program description which meets the requirements of § 35.525 and which has been approved by the Regional Administrator.

(b) No grant may be awarded until the Regional Administrator has consulted with the official designated by the Governor or Governors of the State or States affected by such award pursuant to section 105(b) of the Clean Air Act. Such consultation should consider the role of the applicant in the enforcement of any applicable implementation plan and confirm that the project will be consistent with the objectives of the State air pollution control program.

(c) No grant may be awarded during any fiscal year when the estimated recurrent expenditures of non-Federal funds for the program will be less than the recurrent expenditures of non-Federal funds were for such programs during the preceding fiscal year.

(d) No grant may be awarded unless the applicant provides assurance satisfactory to the Regional Administrator that such grant will be used to supplement and, to the extent practicable, increase the State, local, or other nonFederal funds that would in the absence of such grant be made available for such program, and that Federal assistance will in no event supplant such State, local,

(e) Not more than 10 percent of the or other non-Federal funds. total of funds appropriated or allocated for the purposes of section 105(a) of the Clean Air Act in any one fiscal year shall be granted for air pollution control programs in any one State. In the case of a grant for a program in an area crossing State boundaries, the Regional Administrator shall determine the portion of such grant that is chargeable to the 10 per

cent limitation for each State into which such area extends.

(f) No grant may be awarded under § 35.507-1(a) (1) (ii) and (2) (ii) with respect to any air quality control region, or portion thereof, for which there is an applicable implementation plan, unless the air pollution control agency applicant has substantial responsibility for carrying out such applicable implementation plan. "Substantial responsibility" shall include, but not be limited to, adequate legal authority and resource capability for carrying out the effort required to implement and meet the goals of an approved implementation plan in an agency's geographic area of jurisdiction independently or in concert with other air pollution control agencies. (g) No grant may be awarded to any interstate or intermunicipal air pollution control agency unless the applicant provides assurance satisfactory to the Regional Administrator in the grant application narrative description that the agency provides for adequate representation of appropriate State, interstate, local, and (when appropriate) international interests in the air quality control region and further that the agency has the capability of developing and implementing a comprehensive air quality plan for the air quality control region. Such a plan shall include (when found appropriate by the Regional Administrator) a recommended system of alerts to avert and reduce the risk of situations in which there may be imminent and serious danger to the public health or welfare from air pollutants and the various aspects relevant to the establishment of air quality standards for such air quality control region, including the concentration of industries, other commercial establishments, population and naturally occurring factors which shall affect such standards. § 35.520-2 Interstate planning.

No grant may be awarded pursuant to 35.507-1(b) unless such agency is designated by the Governors of the affected States, is capable of recommending to the Governors plans for implementation of national primary and secondary ambient air quality standards and includes representation from the States and appropriate political subdivisions within the affected interstate air quality control regions.