that such program has been approved by the appropriate Regional Administrator. [38 FR 17221, June 29, 1973] § 35.559-6 Limitation of award. (a) No grant shall be made under these regulations to any State or interstate agency for any fiscal year unless the State has certified that the expenditures of non-Federal funds by such State or interstate agency during such fiscal year for the recurrent expenses of carrying out its pollution control program are not less than the expenditures by such State or interstate agency of nonFederal funds for recurrent program expenses during the fiscal year ending June 30, 1971, or the first year of Federal support if such Federal support was initiated subsequent to the fiscal year ending June 30, 1971. (b) No grant shall be made under these regulations to any State, beginning in fiscal year 1974, which has not provided or is not carrying out as part of its program: (1) The establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic condition), the quality of navigable waters and to the extent practicable, ground waters including biological monitoring; and provisions for annually updating such data and including it in the report required under Section 305 of the Act. Guidelines are set forth in § 35.554-3 and Appendix A. (2) Authority comparable to that in Section 504 of the Act, "Emergency Powers," and adequate contingency plans to implement such authority. (3) The criteria used by the State in determining priorities for municipal construction projects as provided in § 35.915, and for issuance of permits as provided in Part 124 of this chapter. (4) A provision that such agency shall provide information concerning its program in the form and content that the Regional Administrator may require. [38 FR 17222, June 29, 1973] § 35.559-7 Grant conditions. In addition to the EPA General Grant Conditions (Appendix A to Subchapter B of this chapter and Part 30, Subpart C, of this chapter) each grant for water pollution control programs shall be subject to the following conditions: (a) The Regional Administrator may terminate a grant awarded under this subpart pursuant to § 30.903 of this chapter where a Federally assumed enforcement as defined in section 309(a) (2) of the Act is in effect with respect to such State or interstate agency. (b) The Regional Administrator may terminate a grant awarded under this subpart pursuant to § 30.903 of this chapter where the Administrator has not approved or has revoked approval of the continuing planning process developed under section 303 (e) of the Act and any regulation issued by the Administrator thereunder. Program evaluation is primarily a State responsibility and should be done continuously throughout the program year. It is EPA policy to limit evaluation to that which is necessary for responsible management of the national effort to control water pollution. Therefore, joint Federal/State evaluations will be decentralized to the regional level. Each Regional Administrator shall review State programs at least twice each year: (a) Mid-year evaluation: By January 31 of each year, the Regional Administrator shall conduct a joint on-site evaluation meeting with appropriate State officials to review and evaluate the program accomplishments of the current budget period in accordance with § 35.410 of this Subpart. The Regional Administrator shall report to the Administrator the results of each meeting within thirty working days, together with comments from the State. Within (b) End-of-Year-Review: thirty days of receipt of the final State program submission and grant application, the Regional Administrator shall review the accomplishments of the program year which is concluded and the accomplishments projected for the coming year, as stated in the submission. His review shall include (but is not limited to): (1) Effluent reductions achieved (2) Improvement in ambient water quality (3) Compliance milestones achieved (4) Program status (5) Resource allocation and use This review is essential to program approval pursuant to § 35.557. [38 FR 17222, June 29, 1973] § 35.560-2 Reports. may The Regional Administrator modify requirements pertaining to the content or submission schedule of information submissions required by this part. [38 FR 17220, June 29, 1973] APPENDIX A. WATER QUALITY § 35.560-3 Reduction of grant amount. The grantee must submit a complete application on or before June 1 preceding the fiscal year for which the program application is prepared. If the State or interstate agency does not meet this deadline, the grant amount will be reduced one-sixth of the first 6 months available allotment for each full month's delay. § 35.563 Grant limits and duration. Following approval of the plan, the budget period of the grant shall be the entire fiscal year and Federal assistance shall not exceed the allotment limits specified in § 35.555 and shall be within the Federal share limits of § 35.557. § 35.565 § 35.575 [Reserved] [Reserved] The preliminary planning to determine the economic and engineering feasibility of treatment works, the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary to the construction of treatment works; the erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works; and the inspection and supervision of the construction of treatment works. The phrase "initiation of construction," as used in this subpart, means the issuance of a notice to proceed, or, if none is required, the execution of a construction contract. § 35.805-2 Intermunicipal agency. An agency of two or more municipalities having jurisdiction over disposal of sewage, industrial wastes, or other wastes. § 35.805-3 Interstate agency. An agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States having substantial powers or duties pertaining to the control of pollution of waters. § 35.805-4 Municipality. A city, town, borough, county, parrish, district, or other public body created by or pursuant to State law, or an Indian tribe or an authorized Indian tribal organization, with jurisdiction over disposal of sewage, industrial wastes, or other wastes. (a) The first $100 million appropriated for any fiscal year shall be allotted by the Administrator as soon as practicable as follows: (1) Fifty per centum of such sums in the ratio that the population of each State bears to the population of all the States, and (2) Fifty per centum of such sums in the ratio that the quotient obtained by dividing the per capita income of the United States by the per capita income of each State bears to the sum of such quotients for all the States. Per capita income shall be determined on the basis of the average of the per capita income of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce; except that, in the absence of such satisfactory data, the per capita income of (1) Puerto Rico, (ii) the Virgin Islands, and (iii) Guam shall be deemed to equal the per capita income of the State having the lowest per capita income in the continental United States. For purposes of this section, population shall be determined on the basis of the official population figures of the latest decennial census for which figures are available as certified by the Secretary of Commerce. (b) Funds in excess of $100 million appropriated for any fiscal year, except as otherwise provided by law, shall be allotted by the Administrator as soon as practicable in the ratio that the population of each State bears to the population of all the States. (c) Sums available for allocation to States based on eligibility for reimbursement, severe local and basinwide water pollution problems, or other factors shall be divided between such purposes in such proportions as the Administrator may determine and shall be allotted among the States in accordance with the procedures and provisions set forth for re § 35.815-2). Allocation shall be made at such time or times as may be practicable. (d) Sums allotted to a State under paragraphs (a) and (b) of this section which are not obligated within the time period specified by law shall be reallotted in accordance with the reallotment provisions contained in § 35.815-2. (e) At least 50 per centum of the first $100 million appropriated for each fiscal year beginning on or after July 1, 1965, shall be used for the construction of treatment works serving municipalities of 125,000 population or under. (f) The allotment of a State, including reallotments, shall be available, in accordance with the provisions of this subpart, for payments to meet the cost of construction of treatment works in such State for which Federal grants have been approved. (a) Reallotment of unobligated funds (see § 35.815-1(d)) will be made within 90 days following their availability for reallotment, or as soon thereafter as practicable, as follows: (1) Except as set forth in paragraph (b) of this section, unobligated funds shall be reallotted among the States having projects eligible for reimbursement under the provisions of section 8(c) of the Federal Water Pollution Control Act based on the ratio which each State's reimbursement eligibility for all the States: Provided, That each State to receive any such reallotment shall first provide such assurances as the Administrator deems appropriate to assure that such funds shall be applied on an equitable pro rata basis with respect to such work in place. (2) If any funds remain unobligated, such funds shall be reallotted among the States based on the ratio that each State's remaining eligibility for reimbursement bears to the total remaining reimbursement eligibility for all States: Provided, That each State to be entitled to any such reallotment shall, within 30 days following the date on which funds become available for reallotment, or as soon thereafter as practicable, provide a statement satisfactory to the Administrator listing projects eligible for reimbursement, which statement shall also specify the manner in which any reallotted funds should be applied towards the projects so listed. (3) Prior to making any reallotment under subparagraphs (1) and (2) of this paragraph, the Administrator may determine whether any part of the unobligated funds should be applied in situations of special need to meet severe local and basinwide pollution problems in order to promote the purposes of the Federal Water Pollution Control Act most effectively. In making such determination, the Administrator shall apply the following criteria: (i) The extent of degradation of water quality; (ii) the extent of the financial need; (iii) the extent to which degradation is attributed to untreated or inadequately treated waters of municipalities; (iv) the extent to which facilities to be constructed will contribute to the enhancement of the environment; (v) such other factors as the Administrator considers relevant. The Administrator shall reallot such funds to any State in which such special needs exist on such basis as he may deem most advisable: Provided, That each State to receive any such reallotment shall first provide such assurances as the Administrator may require that such funds should be applied to eligible projects selected by the Administrator to meet such needs. (b) Whenever a State has funds subject to reallotment, prior to such reallotment, additional grants may be made for any projects in that State where the Administrator finds that the need for the projects is due in part to any Federal institution or Federal construction activity which has resulted in an influx of federally connected personnel and have added to the applicant's requirements for sewage treatment works. Such additional grants shall be limited to additional identifiable costs of construction attributable to such Federal institution or Federal construction activity. "Federal institution" shall mean any Federal institution, reservation, installation, base, project, or other similar Federal establishment used by the Federal Government primarily for the performance of functions other than the provision of services to the area in which such establishment is situated. "Federal construction activity" shall mean the construction of any "Federal institution" as herein defined. (1) Applicants for additional grants must support their claims that the need for their projects is due in part to any Federal institution or Federal construction activity by showing that at least 5 percent of the population contributing wastes to the project are, as of the date of filing the application for the additional grant, in one or more of the following categories: (i) Federal personnel and their families residing on or at a Federal institution, as well as occupants, patients, and inmates of such institutions; (ii) Federal personnel and their families working on or at, but residing at other than. a Federal institution: (iii) Non-Federal personnel and their families working on Federal construction projects involving a Federal institution. (2) Necessary supporting information submitted by applicants shall be used as the basis for computing a project's additional grant entitlement as follows: (i) For subdivision (i) of paragraph (b) (1), 100 percent of the product of the per capita cost of the project and the number represented in this category; (ii) For either subdivision (ii) or (iii) of paragraph (b)(1), 50 percent of the product of the per capita cost of the project and the number represented by such category; (iii) Provided that in any case the additional grant entitlement with respect to any category shall be reduced by the amount of any Federal contribution by any other Federal agency toward the capital cost of the approved project made on behalf of such category. The total of the sums of the above calculations shall be the maximum entitlement of an individual project for an additional grant. (3) If the total of all entitlements for additional grants exceeds the funds available to a State for such grants, the available funds will be prorated over all eligible applicants for such grants in the State. (4) In any instance where a grantee community claims its need for a project is due in part to any Federal institution or federally construction activity, but because of exceptional circumstances is not measurable by the criteria set out above, a request for special consideration may be made pursuant to the deviation procedures (see 40 CFR 30.1001). (5) In no event shall any additional grant be made in an amount which, together with the amount of the basic grant and, as appropriate, other Federal and State contributions, will exceed the total eligible project cost. § 35.820-1 Exceptions. No grant shall be made for any project in an amount exceeding 30 per centum of the estimated reasonable cost of the project, except that: (a) The percentage limitation shall be increased to a maximum of 40 per centum if the State agrees to pay not less than 30 per centum of the cost of all projects for which Federal grants are to be made from the same fiscal year's allocation, or (b) The percentage limitation shall be increased to a maximum of 50 per centum if the State agrees to pay not less than 25 per centum of the cost of all projects for which Federal grants are to be made from the same fiscal year's allocation and enforceable water quality standards have been established for the waters into which the project discharges, in accordance with section 10(c) of the Federal Water Pollution Control Act in the case of interstate waters, and under State law in the case of intrastate waters. (c) The amount of a grant may be increased by an additional 10 per centum of such grant for any project which has been certified by an official State, metropolitan, or regional planning agency empowered under State or local laws or interstate compact to perform metropolitan or regional planning for a metropolitan area within which such grant is to be used, or other agency or instrumentality designated for such purposes by the Governor (or Governors in the case of interstate planning) as being in conformity with the comprehensive plan developed or in process of development for such metropolitan area. "Metropolitan area" means either (1) a standard metropolitan statistical area as established by the Office of Management and Budget except as may be determined by the President as not being appropriate for the purposes hereof, or (2) any urban area, including those surrounding areas that form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities, which in the opinion of the President lends itself as being appropriate for the purposes hereof. § 35.825 Application for grant. Preapplication § 35.825-1 Preapplication procedures. assistance regarding construction grants for waste water treatment works, including the necessary application forms, should be obtained from the State water pollution control agency or the appropriate EPA regional office. § 35.825-2 Formal application. An application for waste water treatment works construction grants shall be submitted to the State water pollution control agency. Upon approval of the application and certification of the project for priority, the State water pollution control agency will transmit the application to the appropriate EPA regional office. § 35.830 Determining the desirability of projects. In determining the desirability of treatment works projects, the State water pollution control agency and the regional administrator shall give consideration to the following: (a) The relation of the estimated cost of the project, including operation and maintenance, to the public interest and to the necessity for the project; (b) The propriety of Federal aid in construction of the project, which will be determined on the basis of one or more of the following criteria: (1) Effective control. Whether the project effectively contributes to the control of pollution of the waters into which the project discharges its treated water. (2) International treaty obligations. Whether the project is required to control pollution in meeting international treaty obligations or agreements. (3) Federal impact. Whether the project involves a pollution problem affected by (i) Federal installations contributing to the total municipal waste loadings; (ii) a water use requirement involving national defense; (iii) a Federal water resource development; or (iv) an increase in population due to any Federal institution or Federal construction activity which has resulted in an influx of federally connected personnel and which have added to the applicant's requirements for sewage treatment works. (4) Public health necessity. Whether the project involves treatment works required to abate a public health hazard. |