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(e) Alteration of an EPA or other form prescribed in this Regulation except as authorized herein;

(f) When limitations are imposed by this Regulation upon the use of a grant clause, form procedure, or any other grant action, the imposition of lesser or greater limitations; or

(g) When a policy, procedure, method or practice of administering or conducting grant actions is prescribed by this Regulation,

any policy, procedure, method, or practice inconsistent therewith. § 30.1001–2 Request for deviation.

Requests for deviations from this Regulation shall be submitted as far in advance as the exigencies of the situation will permit. Where the deviation would involve more than a unique special situation, e.g., will affect grantees as a class, concurrence in the request for deviation by the appropriate Assistant or Regional Administrator(s) will be additionally required. Each request for a deviation shall contain as a minimum:

(a) Identification of the section of this Regulation from which a deviation is sought;

(b) A full description of the deviation and the circumstances in which it will be used;

(c) A description of the intended effect of the deviation;

(d) A statement as to whether the deviation has been requested previously, and if so, circumstances of the previous request;

(e) The name of the grantee and identification of the grant affected, including the dollar value; and

(f) Detailed reasons supporting the request, including any pertinent background information which will contribute to a fuller understanding of the deviation sought. $ 30.1001–3 Approval of deviation.

Deviations from this Regulation will be authorized only when essential to effect necessary grant actions or where special circumstances make such deviations clearly in the best interests of the Government. Such deviations may be approved only by the Director of the Grants Administration Division or his duly authorized representative, and a copy of such written approval shall be retained in the grant file.

PART 35— STATE AND LOCAL

ASSISTANCE
Sec.
35.001 Purpose of regulation.
35.002 Applicability and scope.

Subpart A-Planning Grants
WATER POLLUTION CONTROL PLANNING

REQUIREMENTS 35.150 Applicability. 35.150-1 Basin control plans. 35.150-2 Regional and metropolitan plans. WATER QUALITY MANAGEMENT PLANNING

GRANTS 35.200 Purpose. 35.201 Authority. 35.202 Definitions. 35.202-1 Administrative expenses. 35.202-2 Basin. 35.202-3 State. 35.205 Grant limitations. 35.210 Eligibility. 35.215 Application requirements. 35.220 Criteria for award. 35.225 Water pollution control compre

hensive basin plan. 35.230 Reports. 35.230-1 Report of project expenditures. 35.230-2 Interim plan. 35.240 Continuation grant.

SOLID WASTE PLANNING GRANTS 35.300 Purpose. 35.301 Authority. 35.302 Definitions. 35.302-1 Intermunicipal agency. 35.302-2 Interstate agency. 35.302-3 Municipality. 35.302-4 Solid waste. 35.302-5 Solid waste disposal. 35.302-6 State. 35.304 Solid waste planning projects. 35.304-1 Management planning. 35.304-2 Special purpose planning. 35.305 Grant limitations. 35.310 Eligibility. 35.315

Application. 35.315-1 Preapplication procedures. 35.315-2 Application requirements. 35.320 Criteria for award. 35.320-1 All applications. 35.320-2 State applications. 35.320-3 Local and regional applications. 35.330 Reports. 35.330-1 Progress reports. 35.330-2 Report of project expenditures. 35.330-3 Final report. 35.340 Continuation grant.

Subpart B- Prograra Grants 35.400 Purpose. 35.400-1 Grants may be awarded to air

pollution control agencies and

interstate planning agencies. 35.400-2 Water pollution control program

grant awards. 35.401 Authority.

Sec.

Sec. 35.405 Criteria for evaluation of pro- 35.554-1 State strategy formulation. gram objectives.

35.554-2 State program development. 35.410 Evaluation of program perform- 35.554 3 Major program elements and out. ance,

puts. 35.415 Report of project expenditures. 35.555 State program submission. 35.420 Payment.

35.555-1 Notification of funding.

35.555-2 Allotments to States. AIR POLLUTION CONTROL PROGRAM GRANTS

35.555-3 Allotments to Interstate agencies. 35.501 Definitions.

35.555-4 Population computation. 35.501-1 Air pollution.

35.556 Public participation. 35.501-2 Air pollution control agency.

35.557 Program approval. 35.501-3 Air pollution control program. 35.557-1 Determination of Federal share 35.501-4 Air quality control region.

for States. 35.501-5 Implementation plan.

35.557-2 Determination of Federal share 35.501-6 Interstate air quality control re

for interstate agencies. gion.

35.558 Allocation of funds. 35.501-7 Interstate planning agency.

35.558-1 Computation of State allotment 35.501-8 Maintenance program.

ratio. 35.501-9 Municipality.

35.558-2 Computation of Interstate Allo35.501-10 Nonrecurrent expenditures.

cation. 35.501-11 Premaintenance program.

35.558-3 Computation of State Allocation. 35.501-12 Program description.

35.558-4 Notification of funds. 35.501-13 State.

35.559 Grant amount. 35.505 Allocation of funds.

35.559-1 Computation of maximum grant. 35.507 Federal assistance for agency 35.559-2 Determination. programs.

35.559-3 Reduction of grant amount. 35.507-1 Limitations on assistance.

36.559-4 Grant amount limit and dura35.507-2 Limitations on duration.

tion. 35.507-3 Schedule of Federal support.

35.559-5 Eligibility. 35.510 Grant amount.

35.559-6 Limitation of award. 35.510-1 Determination.

35.559–7 Grant conditions. 35.510-2 Limitations.

35.560 Program evaluation and report35.515 Eligibility.

ing. 35.515-1 Control programs.

35.560-1 Evaluation. 35.515-2 Interstate planning.

35.560-2 Reports. 35.520 Criteria for award.

35.560–3 Reduction of grant amount. 35.520-1 Control programs.

35.563 Grant limits and duration. 35.520-2 Interstate planning.

Subpart C-Grants for Construction of 35.525 Program requirements.

Wastewater Treatment Works 35.525-1 Premaintenance program. 35.525-2 Maintenance programs.

35.800 Purpose. 35.525-3 Interstate planning.

35.801 Authority. 35.530 Supplemental conditions.

35.805 Definitions. 35.535 Assignment of personnel.

35.805-1 Construction.

35.805-2 Intermunicipal agency. WATER POLLUTION CONTROL STATE AND

35.805-3 Interstate agency. INTERSTATE PROGRAM GRANTS

35.805-4 Municipality. 35.551 Scope and purpose.

35.805-5 State. 35.551-1 Allotment.

35.805-6 State water pollution control 35.551-2 Federal share.

agency. 35.551-3 Interstate agency.

35.805-7 Treatment works. 35.551-4 Per capita income.

35.810 Applicant eligibility. 35.551-5 Plan.

35.815 Allocation of funds. 35.551-6 State.

35.815-1 Allotments to States. 35.551-7 State water pollution control 35.815-2 Reallotment. agency.

35.820 Grant limitations. 35.552 Definitions.

35.820-1 Exceptions. 35.552–1 Allotment.

35.825 Application for grant. 35.552-2 State program grant.

35.825-1 Preapplication procedures. 35.552-3 State program.

35.825-2 Formal application. 35.552-4 Number of pollution sources.

35.830 Determining the desirability of 35.552-5 State agency.

projects. 35.552-6 Interstate agency.

35.835 Criteria for award. 35.552-7 Reasonable cost.

35.835-1 State plan and priority. 35.552-8 Interstate segment.

35.835-2 Basin control. 35.552-9 Recurrent expenditures.

35.835-3 Regional and metropolitan plan. 35.553 Annual guidance.

35.835-4 Adequacy of treatment. 35.554 State strategy formulation and 35.835-5 Industrial waste treatment. program development.

35.835-6 Design.

Sec.

Sec. 35.835-7 Operation and maintenance.

35.935–2 Procurement. 35.835-8 Operation during construction. 35.935-3 Bonding and insurance. 35.835-9 Postconstruction inspection.

36.935-4 State and local laws. 35.840 Supplemental grant conditions. 35.935-5 Davis-Bacon and related statutes. 35.845 Payments.

35.935-6 Equal employment opportunity. 35.850 Reimbursement (Reserved).

35.935-7 Access.

35.935–8 Subpart D-[Reserved)

Supervision.

35.935-9 Project completion.
Subpart E-Grants for Construction of 35.935–10 Copies of contract documents.

Treatment Works-Federal Water Pollu- 35.935-11 Project changes.
tion Control Act Amendments of 1972 35.935-12 Operation and maintenance.

35.940 Determination of allowable costs. 35.900 Purpose.

35.940-1 Allowable costs. 35.901 Authority.

85.940-2 Unallowable costs. 35.903 Summary of construction grant

35.940-3 Costs allowable, if approved. program.

35.9404 Indirect costs. 35.905 Definitions.

35.940-5 Disputes. 35.905-1 The Act.

35.945 Grant payments. 35.905-2 Combined sewer.

35.950 Suspension or termination of 35.905–3 Construction.

grants. 35.905-4 Excessive infiltration/inflow.

35.955 Grant amendments to increase 35.905-5 Infiltration,

grant amounts. 35.905-6 Inflow.

Appendix A. Water Quality Monitoring35.905–7 Infiltration/inflow.

[Reserved] 35.905-8 Interstate agency.

Appendix B. Program Reporting-(Re35.905-9 Municipality.

served] 35.905–10 Project. 35.905–11 Sanitary sewer.

AUTHORITY: Authorities cited in $$ 35.201, 35.905–12 State.

35.301, 35.401 and 35.801. 35.905–13 State agency.

SOURCE: 37 FR 11651, June 9, 1972, unless 35.905–14 Storm sewer.

otherwise noted. 35.905-16 Treatment works. 35.908 Advanced technology and accele- $ 35.001 Purpose of regulation.

rated construction techniques. 35.910 Allocation of funds.

This part establishes and codifies poli35.910-1 Allotment.

cies and procedures governing the award 35.910-2 Reallotment.

of State and local assistance grants by 35.915 State determination and certifica- the Environmental Protection Agency. tion of project priority.

& 35.002 Applicability and scope. 35.920 Grant application. 35.920-1 Eligibility.

This part establishes mandatory poli35.920–2 Procedure.

cies and procedures for all EPA State and 35.920-3 Contents of application.

local assistance grants. The provisions of 85.925 Limitations on award. 35.925-1 Facility planning.

this part supplement the EPA general 35.925-2 State plan.

grant regulations and procedures (40 35.925-3 Priority certification.

CFR Part 30). Accordingly, all EPA State 35.925-4 State allocation.

and local assistance grants are awarded 35.9255 Applicant's funding capability.

subject to the EPA interim general grant 35.925-8 Permits.

regulations and procedures (40 CFR Part 35.925–7 Design.

30) and to the applicable provisions of 35.925-8 Environmental review.

this Part 35. 35.925-9 Civil rights. 35.925–10 Operation and maintenance pro

Subpart A-Planning Grants gram. 35.925–11 User charge system.

WATER POLLUTION CONTROL PLANNING 35.925–12 Sewage collection systems.

REQUIREMENTS 35.925–13 Alternative techniques and technology.

§ 35.150 Applicability. 35.927 Sewer system evaluation.

The requirements of basin control and 35.928 User charger system (Reserved)

regional and metropolitan plans apply 35.930 Grant award. 85.930–1 Types of grants.

to: 35.930-2 Grant amount.

(a) Water pollution control compre35.930-3 Grant term.

hensive basin plans pursuant to $ 35.225; 35.930-4 Project scope.

(b) Basinwide plans and regional and 35.930-5 Grant percentgae.

metropolitan plans as required by $$ 35.35.935 Grant conditions.

835-2 and 35.835–3 of Subpart C for 35.951-1 Nonrestrictive specifications.

97-025—73-9

waste water treatment works construc- identified, furnish an abatement schedtion grants.

ule containing the following:

(1) Level of treatment to be required 35.150-1 Basin control plans.

expressed in percentage of reduction of Any basinwide plan for the control or BOD and/or any other significant paabatement of water pollution must ade- rameters required pursuant to applicable quately take into account all, or such as Federal, State, and interstate laws, regmay be appropriate, of the following: ulations, and orders.

(a) Sources of pollution. An identi- (2) Volume of flow for which waste fication list of all significant point sources treatment facilities will be designed. of waste discharges (municipal, indus- (3) Estimated completion dates for trial, agricultural, and others) and of preliminary plans, for final design, for all significant nonpoint sources of water construction, and for operation of waste quality degradation.

treatment facilities. (b) Volume of discharge. The average (4) Estimated cost of design and condaily volume of discharge produced by struction if available. each waste discharger. Cooling water, or (5) Identification of agencies or encooling water which is contaminated by tities responsible for abatement actions industrial waste or sewage shall be re

or implementation of the recommended ported separately. Storm water and abatement program with respect to each mixed storm water and sewage shall be such discharge. identified and reported separately in

$ 35.150-2 Regional and metropolitan terms of frequency-volume relationships.

plans. (c) Character of effluent. The major characteristics of each such waste dis- Any regional or metropolitan plan for charge together with a measurement of the prevention, control, or abatement of their relative strength or concentrations water pollution must adequately take including but not limited to:

into account:

(a) Anticipated growth of population BOD 5.

mg./1.

and economic activity with reference to COD

mg./1 Color

Platinum cobalt time and location.
scale.

(b) Present and future use and value Turbidity

Jackson candle of the waters within the planning area scale.

for domestic water supplies, propagation Solids

mg./1.

of fish and wildlife, recreational purToxic substances...

poses, agricultural, industrial, and other Metal ions.

mg./1. Fluorides

mg./1.

legitimate uses. Dissolved substances.

p.p.m.

(c) Adequacy of the waste collection Temperature

systems in the planning area with refer

ence to operation, maintenance, and exRadioactivity

pci/1.

pansion of such systems. Chlorides

mg./1.

(d) Combination or integration of Nutrients

mg./1.

waste treatment facilities into a waste (d) Present treatment. A brief descrip- treatment system so as to achieve effition of the type of treatment being given ciency and economy of such treatment. by each discharger, together with a state- (e) Practicality and feasibility of treatment of the degree of treatment currently

ing domestic and industrial waste in a being achieved.

combined waste treatment facility or (e) Water quality effect. A brief de- integrated waste treatment system. scription of the effect of discharges and

(f) Need for and capacity to deal with

waste from sewers which carry storm abatement practices upon the quality of

water or both storm water and sewage the water in the basin, and the antici

or other wastes. pated effectiveness of the projects or ac

(g) Waste discharges presently in, or tivities proposed to improve the quality

anticipated for the planning area. of the water.

(h) Effect of proposed waste treat(f) Detailed abatement program. Iden- ment facilities upon the quality of the tify all waste discharges for which pres- water within the planning area with ent treatment is less than required by reference to other waste discharges and approved water quality standards, or to applicable water quality standards. which will degrade water quality below (i) Institutional arrangements necesstandards. For each such discharge so sary to implement the plan.

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PH

WATER QUALITY MANAGEMENT PLANNING

GRANTS $ 35.200 Purpose.

These provisions establish and codify policies and procedures for grants to planning agencies for the development of comprehensive water pollution control and abatement plans for basins. These provisions supplement the EPA general grant regulations (40 CFR Part 30). $ 35.201 Authority.

These provisions for water quality planning grants are issued under section 3(c) of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1153(c). $ 35.202 Definitions.

As used herein, the following words and terms shall have the meaning set forth below: $ 35.202–1 Administrative expenses.

Approved allowable costs incurred for the development of a water pollution control comprehensive basin plan pursuant to $ 35.225. $ 35.202–2 Basin.

A planning area. A basin includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof as well as lands drained thereby, and discrete deposits of subsurface water. 8 35.202–3 State.

A State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. $ 35.2054 Grant limitations.

Water quality management planning grants shall be subject to the following limitations:

(a) No grant may exceed 50 per centum of the administrative expenses of the planning agency.

(b) No project period may exceed 3 years, beginning with the project commencement date approved at the time of initial grant award. $ 35.210 Eligibility.

To be eligible for a water quality management planning grant, a planning agency must:

(a) Be designated by the Governor of the State or (where the basin includes

portions of more than one State) by the majority of Governors of the States, as the agency having primary responsibility for water quality planning in the basin.

(b) Be an entity of government legally constituted or authorized under the laws of the State or States in which the basin for which it has planning responsibility is located. $ 35.215 Application requirements.

An application for a water quality management planning grant shall be submitted in accordance with 40 CFR 30.301 through 30.301-5 to the appropriate Regional Administrator and shall:

(a) Include a letter from the Governor or, when more than one State is involved, the majority of Governors of the States, designating the applicant as the planning agency having primary responsibility for water quality planning in the basin.

(b) Include a work plan which con. tains the following information:

(1) Explanation of the need for the planning study.

(2) Description of the objectives and scope of the study.

(3) Background information on the basin and the water pollution problem in the basin.

(4) Description of the manner in which the planning study will be conducted and the methodology to be used.

(5) Description of the action to be taken by agencies other than the applicant participating in the study.

(6) Schedule of work to be accomplished.

(7) Detailed cost and resource budget.

(8) Identification of anticipated subagreements.

(c) Indicate the applicant's capability, including all necessary resources, powers, authority, and jurisdiction to develop a water pollution control comprehensive basin plan.

(d) Provide for the continuing participation of public and private State, interstate, local, and (where appropriate) international officials and interests in the basin throughout the planning process.

(e) Give assurance that the planning program will develop recommendations for maintaining and improving water quality standards in the basin in accordance with the requirements of the Federal Water Pollution Control Act.

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