by or pursuant to State law, or an Indian tribe or an authorized Indian tribal organization, having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or a designated and approved management agency under section 208 of the act.

$ 35.905-10 Project.

The scope of work for which Federal assistance is awarded by a grant pursuant to this Subpart.

§ 35.905-11 Sanitary sewer.

A sewer intended to carry only sanitary and industrial waste waters from residences, commercial buildings, industrial plants, and institutions. $35.905-12

State.

A State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

§ 35.905-13 State agency.

The State water pollution control agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. § 35.905-14 Storm sewer.

A sewer intended to carry only storm waters, surface run-off, street wash waters, and drainage.

$35.905-15 Treatment works.

Any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 201 of the act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste,

including storm water run-off, or industrial waste, including waste in combined storm water and sanitary sewer systems. § 35.908 Advanced technology and accelerated construction techniques.

It is the policy of the Environmental Protection Agency to encourage and, where possible, to assist in the development of advanced technology and accelerated construction techniques for the construction of waste treatment works. New technology may be developed or demonstrated with the assistance of EPA research or demonstration grants awarded under title I of the act. New technology which has been successfully demonstrated under comparable conditrons may be utilized in the construction of treatment works under this subpart. In addition, the Regional Administrator, with the concurrence of the appropriate Assistant Administrator(s), may award a comprehensive grant (§ 30.205 of this chapter) to include the application or demonstration of new technology assisted under title I of the act in any portion of a treatment works constructed princiFally with assistance under this subpart, pursuant to this subchapter and such conditions and procedures for EPA assistance as the Director, Grants Administration Division, may approve.

§ 35.910 Allocation of funds. § 35.910-1

Allotment.

(a) The Administrator shall allot among the States, funds authorized to be appropriated pursuant to section 207, in the ratio that the estimated cost of constructing all needed publicly owned treatment works in each State bears to the estimated cost of construction of all needed publicly owned treatment works in all of the States. For fiscal years ending June 30, 1973, and June 30, 1974, sums not to exceed $2 billion and $3 billion, respectively, have been determined to be the actual amounts authorized to be appropriated within the corresponding maximum amounts specified in section 207 and will be allotted on a ratio determined on the basis of Table III of House Public Works Committee Print No. 92-50. Computation of a State's ratio shall be carried out to the nearest tenthousandth percent (0.0001 percent) and allotted amounts will be rounded to the nearest thousand dollars. The applicable

97-025-73- -11

Fiscal year 1974

percentages to be used in computing State allotments for fiscal years 1973 and 1974 are as follows:

State

Alabama

Alaska

Arizona

Alabama.

Alaska..

Arizona..

Arkansas.

California..

Colorado.

7, 224, 000 4,504,000 2,692,000 7,072, 000 196, 352,000 6, 332,000 33,620,000

19,460,000 6,606,000 4,354,000 124,978, 000 67, 324, 000 23, 114, 000 7,484, 000 13, 198, 000 18, 856, 000 19,350,000 85, 164, 000 75, 152, 000

159, 628,000 40, 638, 000 7,870,000 33, 112, 000 3,324,000 7,416, 000 5,754, 000 16, 618,000 154, 080, 000

4, 216, 000

221, 156, 000 18, 458,000 934,000

115, 474, 000 9, 216, 000 16,988,000 108,428,000 9, 778,000 12,910,000 1,896,000 23, 210, 000 55, 388,000 2,816, 000 4,436,000 58,286,000

10,836,000 6,756,000 4,038, 000 10, 608, 000 294, 528,000 9,498, 000 50,430,000 19, 695, 000 21, 342, 000 108,792, 000 29, 190,000 9,909, 000 6, 531,000 187, 467, 000 100,986,000 34, 671, 000 11, 226, 000 19, 797, 000 28,284,000 29,025,000 127,746, 000 112,728,000 239, 442,000 60, 957, 000 11, 805, 000 49, 668, 000 4,986,000 11, 124, 000 8,631,000 24,927,000 231,120,000 6, 324, 000 331, 734, 000 27,687,000 1,401, 000 173, 211, 000 13,824,000 25, 482,000 162, 642,000 14, 667,000 19, 365,000 2,844,000 34, $15,000 83,082,000 4,224,000

13, 130,000

14, 228,000

72, 528,000

6,654,000

87,429,000

Oklahoma

4608

Oregon

Pennsylvania

Rhode Island_.

South Carolina...

South Dakota_

Tennessee

Texas

8494

West Virginia.. Wisconsin..

9,998,000

14,997,000

34, 830,000

5.4214

(c) Allotments for fiscal years which begin after the fiscal year ending June 30, 1974, shall be made only in accordance with a revised cost estimate required to be submitted to and approved by Congress.

(d) Allotments shall be made not later than the January first preceding the beginning of the fiscal year for which authorized, except for the allotment for fiscal year 1973 which is made herein. § 35.910-2 Reallotment.

(a) Sums allotted to a State under § 35.910-1 shall be available for obligation on and after the date of such allot

4889

Puerto Rico.

.6455

0948

1. 1605

2.7694

1408 2218 2.9143 .8906 .4999

Total..

1.7415 .0263 .0872

Wyoming.

Guam.

Virgin Islands.

American Samoa.

Trust Territory of Pacific...

536,000 1,744,000 17,690,000 1,786, 000

52,245,000

804,000 2,616,000

26,535,000

2,679,000

96,000 756,000 2,000,000,000

144,000

1,134,000

3,000,000,000

ment and shall continue to be available to such State for a period of 1 year after the close of the fiscal year for which such sums are authorized. Funds remaining unobligated at the end of the allotment period will be immediately reallotted by the Administrator, generally on the basis of the ratio used in making the last allotment.

(b) Any sums which have been obligated under section 203 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) and which are released by the payment of the final voucher for the project shall be immediately credited to the State to which such sums were last allotted. Such released sums shall be added to the amounts last allotted to such State and shall be immediately available for obligation in the same manner and to the same extent as such last allotment.

(c) Reallotted sums shall be added to the last allotments made to the States and shall be in addition to any other funds otherwise allotted.

§ 35.915 State determination and certification of project priority.

Construction grants will be awarded from allotments available pursuant to § 35.910 in accordance with a State system for the certification of priority for construction grant projects.

(a) State priority system. Each State agency must submit for the approval of the Regional Administrator a description of the State priority system, including the criteria used by the State in determining priority for construction grant projects. The Regional Administrator shall be notified of each significant revision to an approved State priority system no later than 30 days prior to the effective date of the revision. The Regional Administrator may disapprove the State priority system or any revision thereto, provided that he shall first notify the State in writing of the specific respects in which he has determined that the system, or the administration thereof, fails to meet the applicable requirements of sections 301 and 302 of the Act.

(b) List of municipalities. The State agency shall prepare, in accordance with the approved State priority system, a list of municipalities, consisting of an inventory and ranking, in order of priority, of municipalities not meeting applicable requirements of sections 301 and 302 of the Act, and must submit such listing to the Regional Administrator prior to the

award of a grant for any project after June 30, 1973: Provided, (1) That the Regional Administrator may approve the list included with the annual State program plan submission (Part 35, Subpart B of this part); and (2) notwithstanding the foregoing, the Regional Administrator shall approve the list, or any portion thereof, which is prepared in accordance with any State plan approved pursuant to section 303 (e) (3) (H) of the act for the certification of projects after the date of approval of such plan.

(c) Project list. The State agency shall submit for the approval of the Regional Administrator a listing of all projects for which Federal assistance will be requested, from current allotments, the priority for which shall be derived from the list of municipalities. Such project list shall set forth a tabulation of funding priorities and requirements including, as a minimum, the following information for each project: (1) Name of municipality; (2) brief description of type of project and anticipated scope of project; (3) the estimated total project cost; (4) estimated dates of initiation and completion of preliminary plans and studies; (5) estimated dates of completion of construction drawings and specifications; (6) estimated dates of initiation and completion of building and erection; and (7) estimated amount of EPA assistance required to complete the project, including identification of the 6-month period (July 1-December 31, January 1-June 30) when a grant award will be required. Such project list shall be submitted for the approval of the Regional Administrator annually as part of the State program submission pursuant to Part 35, Subpart B of this part, and may be revised as necessary, with the approval of the Regional Administrator upon compliance with the public participation requirements of paragraph (e) of this section: Provided, That the State agency may elect to rely upon the 1-year list submitted in accordance with § 35.575 (f) to satisfy the foregoing project list requirements with respect to grants awarded prior to July 1, 1973.

(d) State priority certification for projects. The State agency must forward with each application submitted to the Regional Administrator a certification that the proposed project is entitled to priority in accordance with the State priority system, and requires the specified funding requested from allotments

currently available. The State agency is responsible for defining the scope of treatment works projects and determining the time when such projects are to receive Federal financial assistance.

(e) Public participation. The Regional Administrator may not approve a State priority system or revision thereof in effect after June 30, 1973, unless he determines that the State agency has afforded adequate opportunity for oral or written municipal and public comment upon the State priority system, the list of municipalities, and the project list, or revisions, prior to submission to the Regional Administrator.

§ 35.920 Grant application.

Grant applications will be submitted and evaluated in accordance with Part 30, Subpart B of this chapter. § 35.920-1 Eligibility.

Municipalities, intermunicipal agencies, States, or interstate agencies may apply for grants.

§ 35.920-2

Procedure.

Preapplication assistance, including, where appropriate, a preapplication conference, may be requested from the appropriate EPA Regional Office. An application must be submitted to the State agency for each proposed project. The State agency will submit to the Regional Administrator those applications for construction grants which are complete and which relate to projects which have received priority certification in accordance with § 35.915.

§ 35.920-3 Contents of application.

(a) Project for preliminary plans and studies (Step 1). An application for a grant for preliminary plans and studies shall include but not be limited to:

(1) State priority certification in accordance with § 35.915;

(2) A brief description of the nature and scope of the proposed project;

(3) Required comments or approvals of relevant State, local, and Federal agencies (including "clearinghouse" requirements of OMB Circular A-95);

(4) An estimate of the proposed project cost; and

(5) Proposed subagreements, or an explanation of the intended method of awarding subagreements for performance of any substantial portion of the project work.

(b) Project for preparation of construction drawings and specifications (Step 2). An application for a grant for preparation of construction drawings and specifications shall include but not be limited to:

(1) State priority certification in accordance with § 35.915;

(2) Sewer system evaluation in accordance with § 35.927;

(3) Feasibility report;

(4) Engineering report, including, but not limited to:

(i) Facility design data incorporating: (a) Results of sewer system evaluation;

(b) Estimated effluent quality, with respect to all parameters required by applicable effluent limitations and water quality standards; and

(c) Proposed method for ultimate disposal of sludge.

(ii) Cost estimates for design and construction; and

(iii) Schedule for completion of design and construction.

user

(5) Description of proposed charge system in accordance with § 35.928;

(6) Statement regarding availability of proposed site. if relevant:

(7) Statement regarding ability of applicant to obtain discharge permit for proposed facility;

(8) Required comments or approvals of relevant State, local, and Federal agencies (including compliance with "clearinghouse" requirements of OMB Circular A-95);

(9) Environmental assessment, in accordance with Part 6 of this chapter unless the Regional Administrator determines, at the request of the applicant, that there is insufficient data available to prepare such assessment, provided that the environmental assessment must then be submitted to the Regional Administrator at or prior to the time of submission of plans and specifications for the building and erection of a treatment works;

(10) Statement regardng the applicant's financial, legal, institutional, and managerial capabilities to insure the construction, operation, and maintenance of the treatment works;

(11) Statement regarding compliance with other applicable Federal statutory and regulatory requirements (see 40 CFR Part 30, Subpart C);

(12) Statement regarding compliance with title VI of Civil Rights Act of 1964; (13) Statement regarding applicant's proposed operation and maintenance program;

(14) Proposed subagreements, or an explanation of the intended method of awarding subagreements for performance of any substantial portion of the project work.

(c) Project for building and erection of a treatment works (Step 3). An application for a grant for the building and erection of a treatment works shall include the items in paragraph (b) of this section, and in addition shall include two complete sets of the construction drawings and specifications, suitable for bidding purposes: Provided, That if any such information has been furnished with an earlier application, the applicant need only incorporate by reference and update or revise such information.

(d) Design/construct project. An application for a grant for a design/construct project shall include the items in paragraphs (b) and (c) of this section, except that, in lieu of construction drawings and specifications, the proposed performance specifications and other relevant design/construct criteria for the project shall be submitted. § 35.925

Limitations on award.

Before approving a grant for any project for any treatment works, the Regional Administrator shall determine: § 35.925-1 Facility planning.

That a current basin plan and regional or metropolitan plan as required in accordance with §§ 35.150–1 and 35.150-2 have been adopted (facility planning requirements will be an eligible construction grants cost as provided for in §§ 35.905-3 and 35.940-1(d)).

§ 35.925-2 State plan.

That such works are in conformity with any applicable State plan approved in accordance with section 303 (e) of the act.

§ 35.925-3 Priority certification.

That such works have been certified by the State agency as entitled to priority in accordance with § 35.915, and that the award of a grant for the proposed project will not jeopardize the

If the application is for a project which includes the building and erection of a treatment works (Step 3),

(a) That the design, size, and capacity of such works are cost effective and relate directly to the needs to be served by such works, including adequate reserve capacity;

(b) That such works will meet applicable effluent limitations and applicable water quality standards and attain not less than secondary treatment as defined by the Administrator pursuant to section 301(b)(1) (B) and 304(d) (1) of the act;

(c) That alternative waste treatment techniques have been studied and evaluated;

(d) And, if the grant is to be awarded from funds authorized for any fiscal year beginning after June 30, 1974, that such works will provide for the application of the best practicable waste treatment technology over the life of the works consistent with the purposes of title II of the act;

(e) And, if the grant is to be awarded after July 1, 1973, that each sewer system, including interceptor and collection sewers, discharging into such treatment works is not subject to excessive infiltration/inflow, in accordance with § 35.927; and

(f) That the design for the project meets or exceeds such guidelines as the Administrator has published concerning treatment works design.