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complished during the current budget (1) Consistency and compatibility of period.
goals and expected results with national
strategies in implementing the purpose Subpart B- Program Grants
and policies of the Clean Air Act and the § 35.400 Purpose.
Federal Water Pollution Control Act, as This subpart, which establishes and
(2) Feasibility of achieving goals and codifies policy and procedures for air
expected results in relation to existing and water pollution control program
problems, past performance, program auassistance grants, supplements the EPA
thority, organization, resources and progeneral grant regulations and pro
cedures. cedures (Part 30 of this chapter) and is
(b) Approval of the program deapplicable to air and water program
veloped pursuant to $ 35.525 (air) or grants. These grants are intended to aid
$ 35.554 (water) shall be based on the programs for the prevention and control
extent to which the applicant's program of air or water pollution at the State,
satisfies the above criteria. interstate or local level.
(38 FR 17218, June 29, 1973) (38 FR 17218, June 29, 1973]
$ 35.410 Evaluation of program $ 35.400_1 Grants may be awarded to
(a) Program performance evaluations
shall be conducted at least annually by Grants may be awarded to air pollu
the appropriate Regional Administrator tion control agencies for the planning,
and the grantee to provide a basis for development, establishment, improve
measuring progress toward achieving apment, and maintenance of programs for
proved program objectives or milestones the prevention and control of air pollu
described in the program. The evaluation or implementation of national pri
tion shall address the objectives, responmary and secondary ambient air quality
sibilities, major functions, and other standards. Grants may be awarded to
related activities set forth in the interstate planning agencies for the de
grantees' approved program. For air provelopment of implementation plans for
gram grants, the evaluation shall be comany interstate air quality control region.
pleted not later than 120 days before $ 35.400—2 Water pollution control pro the beginning of the new budget period. gram grant awards.
(b) The Regional Administrator shall Grants may be awarded to State and
prepare a summary of the joint evaluainterstate water pollution control agen
tion findings. The grantee shall be alcies to assist them in developing or ad
lowed 15 working days from date of ministering programs for the preven
receipt to concur with or comment on the tion reduction, and elimination of water
findings. pollution, including enforcement di (38 FR 17218, June 29, 1973] rectly or through appropriate State law
$ 35.415 Report of project expenditures. enforcement officers or agencies.
Within 90 days after the end of each (38 FR 17218, June 29, 1973)
budget period, the grantee must submit $ 35.401 Authority.
to the Regional Administrator an annual his subpart is issued under sections report of all expenditures (Federal and 105, 106 and 301(a) of the Clean Air Act, non-Federal) which accrued during the as amended (42 U.S.C. 1857c, 1857c-1, budget period. Beginning in the second and 1857g) and section 106 and 501 of quarter of any succeeding budget period, the Federal Water Pollution Control Act
grant payments may be withheld purAmendments of 1972 (33 U.S.C. 1256 and
suant to $ 30.602-1 of this chapter until 1361).
this report is received. (38 FR 17218, June 29, 1973]
(38 FR 17218, June 29, 1973] & 35.405 Criteria for evaluation of pro
$ 35.420 Payment. gram objectives. (a) Programs set out in the applica
Grant payments may be made in tion and submitted in accordance with
advance, however payments will be made these regulations shall be evaluated in in a manner so as to minimize the time writing by the Regional Administrator elapsed between receipt of grant funds to determine:
by the grantee and disbursement by him. Notwithstanding the provisions of national primary and secondary ambient $ 30.305 of this chapter the first grant air quality standards. payment subsequent to grant award shall include reimbursement for all al
§ 35.501-4 Air quality control region. lowable costs incurred from the begin. An area designated or established purning of the approved budget period, suant to section 107 of the Clean Air Act, provided that monthly costs incurred 42 U.S.C. 1857c-2. from the beginning of the budget period to the date of grant award may not ex
$ 35.501-5 Implementation plan. ceed the level of cost incurred in the last
The implementation plan, or revision month of the prior budget period.
thereof, which has been approved under (38 FR 17218, June 29, 1973)
section 110(a) of the Clean Air Act (42
U.S.C. 1857c-5(a)), and which impleAIR POLLUTION CONTROL PROGRAM GRANTS
ments a national primary or secondary § 35.501 Definitions.
ambient air quality standard in a State
or portion thereof. As used herein, the following words and terms shall have the meaning set & 35.501-6 Interstate air quality conforth below:
trol region. $ 35.501-1 Air pollution.
A geographic area, designated under
section 107 of the Clean Air Act, that inThe presence in the outdoor atmosphere of any dust, fumes, mist, smoke,
cludes areas in two or more States. other particulate matter, vapor, gas,
8 35.501-7 Interstate planning agency. odorous substances, or & combination
An agency legally constituted under thereof, in suficient quantities and of
the laws of two or more States having all such characteristics and duration as to
powers necessary to carry out a planbe, or likely to be, injurious to health or
ning project in accordance with section welfare, animal or plant life, or property,
106 of the Clean Air Act, and designated or as to interfere with the enjoyment
by the Governor of each state as the of life or property.
official air pollution control planning $ 35.501–2 Air pollution control agency. agency for the area of jurisdiction within Any of the following:
such State covered by the project. (a) State air pollution control agency. & 35.501-8 Maintenance program. A single State agency designated by the
A program of an air pollution control Governor of that State as the State
agency that as a minimum has attained agency with substantial responsibility for
the level of operation set forth in the prevention and control of air pollu
$ 35.525–2. tion within the State;
(b) Interstate air pollution control 8 35.501-9 Municipality. agency. An agency established by two A city, town, borough, county, parish, or more States and having substantial district. or other public body created by powers or duties pertaining to the pre
or pursuant to State law. vention and control of air pollution;
(c) Municipal air pollution control 8 35.501-10 Nonrecurrent expendiagency. A city, county, or other local tures. government agency responsible for en Expenditures which include: forcing ordinances or laws relating to the (a) The amount by which the annual prevention and control of air pollution cost of the purchases of individual items
(d) Intermunicipal air pollution con of equipment, each costing over $2,500, trol agency. An agency of two or more exceed the average of such purchases for municipalities located in the same State the 3 preceding fiscal years. Nonrecuror in different States and having sub- rent equipment purchases may be deprestantial powers or duties pertaining to ciated over the anticipated useful life of the prevention and control of air pollu- the equipment. tion.
(b) Costs of projects supported under
grants authorized by sections of the $ 35.501-3 Air pollution control pro
Clean Air Act other than section 105. gram. A program for the prevention and con- 35.501-11 Premaintenance program. trol of air pollution or the implementa- An undertaking to plan, develop, estion, maintenance, and enforcement of tablish, or improve an air pollution con
trol program having comprehensive objectives and schedules for growth and which will qualify the undertaking as a maintenance program at the end of the project period. $ 35.501-12 Program description.
A comprehensive narrative statement of objectives for the prevention and control of air pollution; for the implementation, maintenance, and enforcement of national primary and secondary ambient air quality standards or for the development of an implementation plan; and of the proposed measures to achieve these objectives. $ 35.501-13 State.
A State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. § 35.505 Allocation of funds.
(a) Tentative allowances. No later 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 prac ticable, the Administrator will issue to
each Regional Administrator an allowance derived from reallotment of prior year funds. $ 35.507 Federal assistance for agency
programs. § 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 à grant for:
(1) Premaintenance programs. (i) 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 g 35.501-2 (a), (b), and (d). • (2) Maintenance programs. (i) 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 § 35.510 Grant amount. programs continue at a maintenance
$ 35.510–1 Determination. level. Federal support may be suspended or terminated if a maintenance program (a) Control agencies. In determining ceases to qualify under $ 35.525–2.
the amount of support for a control (3) Interstate planning. The project
agency, the Regional Administrator will period for interstate planning shall be a
consider: (1) The functions, duties, and period of time expressed in years that is
obligations assigned to the program by mutually agreeable to the Regional Ad any applicable implementation plan; ministrator and the interstate agency,
(2) the feasibility of the program in view but shall not exceed 3 years. The project
of the resources to be made available to period shall be based on the program
maintain a total program effort; (3) the goals identified in the program descrip
probable or estimated total cost of the tion of the planning grant application.
program in relation to its expected acThe Regional Administrator may extend
complishments; (4) the extent of the the project period once for a period of
actual or potential pollution problem; 1 year.
and (5) the population served within (b) Budget periods. The budget period
the agency's jurisdiction. of any grant awarded to support a pre
(b) Interstate planning agencies. In maintenance or maintenance program
determining the amount of support for or an interstate planning agency shall be
an interstate planning agency, the Refor a period of 12 months and shall be
gional Administrator will, pursuant to coterminous with the grantee agency's
section 106 of the Act, consider the exfiscal year.
tent of the actual or potential air pollu
tion problem in relation to: (1) The need $ 35.507–3 Schedule of Federal sup to revise applicable implementation port.
plans, or portions thereof, to insure the
timely achievement of national primary Year of Maximum or secondary ambient air quality standType agency
support 1 federal
mentation plans; and he will also con(Percent)
sider. (3) the comments of the approMunicipal : ( 35.507–
priate governmental officials; (4) the 1(a)(1) i)).
feasibility of the project with regard to
the resources available; and (5) the estiAll over
mated cost of the project compared to its State, intermunicipal and interstate : ($35.507
probable accomplishments. 1(a)(1)(1)).
& 35.510-2 Limitations. Municipal * ($35.507–
(a) The amount of a grant award to 1(a)(1)()).
support an air pollution control agency 150
premaintenance or maintenance program shall be subject to the grant limits set
forth in $ 35.507-1 in accordance with
**25 State, intermunicipal and
300 the schedule of Federal support in interstate ! ($35.507
$ 35.507-3. 200 • (b) Whenever a final allowance is not 150
sufficient to meet the funding require100
$ 50 ments of qualified air pollution control Municipal ($35.507(a)(2)()).7
agencies, the Regional Administrator State, intermunicipal and All.....
150 shall give priority to continuation supinterstate ($35.5071(a)(2)(ii)).
(c) Whenever funds available are in1 Year of support starting May 1, 1972, or later.
sufficient to continue support for proExpressed as a percent of local funds.
grams entitled to priority, an agency : For agencies which have received Federal support, under section 105 of the Act, for three or more complete
shall be consulted prior to any reduction budget periods between July 1, 1968, and June 30. 1972. in the amount of Federal support.
• For agencies which have received Federal support under Section 105 of the Act, for less than three complete
(d) Grants shall be awarded only from budget periods between July 1, 1968, and June 30, 1972.
appropriations available at the time of • Provided 1 year extension is granted by the Regional Administrator.
award. . Premaintonance type support. 7 Maintenance type support.
8 35.515 Eligibility.
§ 35.515–) Control programs.
cent limitation for each State into which
such area extends. Any air pollution control agency that meets the criteria for award prescribed
(f) No grant may be awarded under
$ 35.507-1(a) in $ 35.520–1 shall be eligible for an air
(1) (ii) and (2) (i) with pollution control program assistance
respect to any air quality control
region, or portion thereof, for which grant.
there is an applicable implementa$ 35.515-2 Interstate planning.
tion plan, unless the air pollution control Any interstate planning agency that
agency applicant has substantial responmeets the criteria for award prescribed
sibility for carrying out such applicable in 8 35.520–2 shall be eligible for an air
implementation plan. “Substantial requality program planning grant author
sponsibility” shall include, but not be ized by section 106 of the Clean Air Act.
limited to, adequate legal authority and
resource capability for carrying out the & 35.520 Criteria for award.
effort required to implement and meet $ 35.520–) Control programs.
the goals of an approved implementation (a) No grant may be awarded unless
plan in an agency's geographic area of the grant application includes a program
jurisdiction independently or in concert
with other air pollution control agencies. description which meets the requirements
(g) No grant may be awarded to any of $ 35.525 and which has been approved
interstate or intermunicipal air pollution by the Regional Administrator.
control agency unless the applicant pro(b) No grant may be awarded until the
vides assurance satisfactory to the ReRegional Administrator has consulted with the official designated by the Gov
gional Administrator in the grant appli
cation narrative description that the ernor or Governors of the State or States affected by such award pursuant to sec
agency provides for adequate representa
tion of appropriate State, interstate, tion 105(b) of the Clean Air Act. Such consultation should consider the role of
local, and (when appropriate) interna
tional interests in the air quality conthe applicant in the enforcement of any applicable implementation plan and con
trol region and further that the agency
has the capability of developing and firm that the project will be consistent with the objectives of the State air pollu
implementing a comprehensive air qual
ity plan for the air quality control retion control program. (c) No grant may be awarded during
gion. Such a plan shall include (when
found appropriate by the Regional Adany fiscal year when the estimated recur
ministrator) & recommended system of rent expenditures of non-Federal funds for the program will be less than the re
alerts to avert and reduce the risk of current expenditures of non-Federal
situations in which there may be imfunds were for such programs during the
minent and serious danger to the public preceding fiscal year.
health or welfare from air pollutants (d) No grant may be awarded unless and the various aspects relevant to the the applicant provides assurance satis establishment of air quality standards factory to the Regional Administrator for such air quality control region, inthat such grant will be used to supple cluding the concentration of industries, ment and, to the extent practicable, in
other commercial establishments, popucrease the State, local, or other non
lation and naturally occurring factors Federal funds that would in the absence
which shall affect such standards. of such grant be made available for such program, and that Federal assistance will 8 35.520-2 Interstate planning. in no event supplant such State, local,
No grant may be awarded pursuant to (e) Not more than 10 percent of the
35.507–1(b) unless such agency is desigor other non-Federal funds. total of funds appropriated or allocated
nated by the Governors of the affected for the purposes of section 105(a) of the
States, is capable of recommending to Clean Air Act in any one fiscal year shall
the Governors plans for implementation be granted for air pollution control pro- of national primary and secondary ambigrams in any one State. In the case of a ent air quality standards and includes grant for a program in an area crossing representation from the States and apState boundaries, the Regional Adminis- propriate political subdivisions within trator shall determine the portion of such the affected interstate air quality congrant that is chargeable to the 10 per- trol regions.