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$ 35.220 Criteria for award.

(f) Recommends administrative and

organization systems and procedures In determining the desirability and

necessary to implement the plan. extent of funding for a project and relative merit of an application, considera- 8 35.230 Reports. tion will be given to the following

8 35.230-1 Report of project expendicriteria:

tures. (a) The severity of the water pollution problem in the basin and the ex

No later than 90 days following the tent to which the proposed planning

end of each budget period, the grantee will contribute to its control;

planning agency shall submit to the (b) The population affected by the Regional Administrator a report of projwater pollution problem in the basin

ect expenditures. and the per capita cost of the proposed $ 35.230–2 Interim plan. planning; (c) Whether the proposed planning

The grant agreement may require the

submission of an interim water polluwill provide the opportunity to make substantial advances in the comprehen

tion control comprehensive basin plan

prior to the end of the project period. sive, basinwide management of pollution control;

$ 35.240 Continuation grant. (d) The extent of the need in the

To be eligible for a continuation grant basin for more detailed plans or coordi

for a second or third budget period withnated programs, including financial and

in the approved project period, the other institutional arrangements to

grantee planning agency must: complement or carry out comprehensive

(a) Having demonstrated satisfactory basin planning; and

performance during all previous budget (e) The existence and extent of sup

periods; and port by public and private interests in

(b) Submit no later than 30 days prior the basin for water pollution control

to the end of the budget period & conplanning and implementation.

tinuation application which includes a § 35.225 Water pollution control com- detailed progress report, an estimated fiprehensive basin plan.

nancial statement for the current budget Each planning agency receiving a

period, a budget for the new budget pewater quality management planning

riod, and an updated work plan revised

to account for actual progress accomgrant shall develop and submit to the

plished during the current budget period. Regional Administrator within the approved project period, a water pollution SOLID WASTE PLANNING GRANTS control comprehensive basin plan which:

$ 35.300 Purpose. (a) Is consistent with applicable Federal and State water quality standards These provisions establish and codify and objectives;

policies and procedures for grants for (b) Recommends such treatment solid waste planning projects. These proworks and sewer systems as will provide visions supplement the EPA general the most effective and economical means grant regulations (40 CFR Part 30). of collection, storage, treatment, and

8 35.301 Authority. purification of wastes and recommends

These provisions for solid waste planmeans to encourage both municipal and

ning grants are issued under section 207 industrial use of such works and

of the Solid Waste Disposal Act as systems;

amended, 42 U.S.C. 3254a. (c) Recommends methods of adequately financing those facilities as may

$ 35.302 Definitions. be necessary to implement the plan; As used herein, the following words

(d) Provides for continuing partici- and terms shall have the meaning set pation of public and private, State, in- forth below: terstate, local, and (where appropriate)

$ 35.302-1 Intermunicipal agency. international interests in water quality management planning in the basin; and An agency established by two or more

(e) Meets the requirements for water municipalities with responsibility for pollution control planning set forth in planning or administration of solid waste $ 35.150.

disposal.

$ 35.302–2 Interstate agency.

ment Plan which results in State actions An agency of two or more municipali

to enable regional or local units to finance ties in different states, or an agency es

and manage waste systems efficiently tablished by two or more States, with au

and in a manner protective of the envithority to provide for the disposal of solid

ronment, and recommends alternative wastes and serving two or more munici

State regulatory, financial assistance palities located in different States.

and technical assistance roles with local

units. § 35.302–3 Municipality.

§ 35.304–2 Special purpose planning. A city, town, borough, county, parish, district, or other public body created by

Special purpose planning concentrates or pursuant to State law with responsi- on how specific components of a solid bility for the planning or administration

waste management system can be develof solid waste disposal, or an Indian tribe.

oped or improved. Examples of special

purpose planning include: $ 35.30244 Solid waste.

(a) Local and regional planning which Garbage, refuse, and other discarded results in closing open dumps and implesolid materials, including solid waste ma- menting a new sanitary landfill, and is terials resulting from industrial, com

consistent with any applicable compremercial, and agricultural operations, and hensive solid waste management plan. from community activities, but does not (b) Local and regional planning which include solids or dissolved material in do- results in improved collection service and mestic sewage or other significant pol

is consistent with any applicable comlutants in water resources, such as silt, prehensive solid waste management plan. dissolved or suspended solids in indus- (c) State planning which results in trial wastewater effluents, dissolved ma- the handling and processing of abanterials in irrigation return flows or other doned or discarded motor vehicles in an common water pollutants.

environmentally sound manner.

(d) State planning which results in a & 35.302–5 Solid waste disposal.

strategy and methodology for enforcing The collection, storage, treatment, existing State bans on poor solid waste utilization, processing, or final disposal of management practices,

open solid waste.

dumping. 8 35.302-6 State.

8 35.305 Grant limitations. A State, the District of Columbia, the Solid waste planning grants shall be Commonwealth of Puerto Rico, the Vir- subject to the following limitations: gin Islands, Guam, and American Samoa. (a) No grant may exceed 75 percent of $ 35.304 Solid waste planning projects.

the allowable cost of a project pertaining

to an area which includes more than one Solid waste planning grants may be municipality. awarded for either or both:

(b) No grant may exceed 6623 percent § 35.304–1 Management planning.

of the allowable cost of a project per

taining to an area which includes only Management planning concentrates on

one municipality. alternative institutional arrangements

(c) No project period may exceed 2 for regulating, operating, and financing

years, beginning with the project coman environmentally sound solid waste

mencement date approved at the time management system. Examples of management planning include:

of initial grant award. (a) Local and regional planning which $ 35.310 Eligibility. results in the implementation of a selffinanced solid waste agency which will

To be eligible for a solid waste planadequately protect the environment.

ning grant, an applicant must: (b) Local and regional planning which

(a) Be a State, interstate, municipal, results in the establishment of a solid intermunicipal agency, or organization waste regulatory authority which may composed of public officials which is elithen operate or franchise for collection, gible for assistance under section 701(g) processing, or disposal of solid waste in of the Housing Act of 1954 (40 U.S.C. an environmentally sound manner.

461(g)); or (c) State planning to develop a com- (b) Have been designated as the sole prehensive State Solid Waste Manage- agency responsible for carrying out the

e.g.,

purposes of section 207 of the Solid Waste (d) Indicate provision for active inDisposal Act for the area involved. Desig- volvement of local officials, key managers nation of State agencies is by the Gov- of publicly and privately owned solid ernor: Provided, That local and regional waste agencies and other affected agenapplicants, may be designated by the cies (e.g., public works departments, sanState solid waste management agency itation districts, existing utilities, etc.), designated by the Governor.

local officials, and the general public dur$ 35.315 Application.

ing the entire planning process.

(e) Provide for the assignment of a $ 35.315-1 Preapplication procedures.

full-time, qualified project director and (a) An informal preapplication should other appropriate staff to the project. A be submitted to the appropriate Regional part-time project director may be adeAdministrator prior to formal applica- quate for small rural projects. tion.

(f) Schedule conformance to State (b) Such preapplication may be in and local regulations governing solid letter form, must be brief (less than five waste management, e.g., bans on open pages) and should generally include: dumping. Where regulations or ordi

(1) A description of the applicant nances do not exist, assurance must be agency and its jurisdictions;

given that action taken under the grant (2) The proportion of the project de- will contribute to the elimination of voted to management planning or special offensive practices harmful to the purpose planning;

environment. (3) The objectives of the project;

(g) Assure that the planning of solid (4) A brief description of the ability waste disposal will be coordinated, with to meet mandatory criteria, the evalua- and not duplicate other related State, intive criteria, and the legal requirements. terstate, regional, and local planning

(5) Estimated total costs, schedule of activities, including those financed in the project, expected outputs, and re- part with funds pursuant to section 701 quested Federal share.

of the Housing Act of 1954 (40 U.S.C. (c) Preapplications will be reviewed 461). by the EPA Regional Office within 30 days of receipt to determine eligibility

§ 35.320 Criteria for award. and general technical merit.

In determining the desirability and ex(d) Preapplications should be devel- tent of funding for a project and priority oped in consultation with State solid

of an application, the Regional Adminwaste agencies and local agencies to be istrator will consider the following criaffected by the project.

teria: $ 35.315-2 Application requirements.

$ 35.320-1 All applications. An application for a solid waste planning grant shall be submitted in accord

(a) Priority will be given to manageance with 40 CFR 30.301 through

ment planning projects over special pur30.301-5 to the appropriate Regional Ad

pose planning projects. ministrator and shall:

(b) All other factors being equal, pri(a) Include a letter from the Gover- ority will be given to applicants supplynor or State solid waste management ing a greater proportion of non-Federal agency designating the applicant as the funding support over those supplying the sole agency responsible for carrying out minimum required non-Federal support. the purposes of section 207 of the Solid (c) Priority will be given to applicaWaste Disposal Act for the area involved. tions which show that data collection is

(b) Include a work plan which con- carefully limited to the purposes of the tains the following information:

plan over those which have excessive (1) Explanation and scheduling of the

date collection tasks. tasks to be performed.

(d) Priority will be given to applica(2) Identification of which unit will

tions according to the level of progress perform each task. (3) Estimation of the costs per task.

of their respective State solid waste man(4) Identification of all subagree

agement plans (e.g., progressing satisments.

factorily, completed and accepted by (c) Identify the steps necessary to

EPA, adopted by the Governor). implement the recommendations of the

(e) Priority will be given to plans to plan.

be developed primarily by the applicant's

an

staff over projects relying heavily on con- 8 35.330-1 Progress reports. tractual outside services.

The grant agreement may require the $ 35.320_2 State applications.

submission of a brief (less than five The following additional criteria will

pages) progress report after the end of apply to State applications:

each quarter of the budget period. This (a) For management planning proj

progress report must show in chart or in ects. (1) Priority will generally be given

a narrative format the progress achieved

on each task in relation to the approved to applications which illustrate awareness of the management and fi

schedule and project milestones. Special nancing options which could be utilized

problems and delays should be explained. at the State, local, and regional levels.

The more detailed progress report in(b) For special purpose planning proj

cluded with applications for continuation ects. (1) Priority will be given to States

grants may be used in lieu of a thirdwhich have completed, adopted, and im

quarter report for projects having 1-year plemented a solid waste management

budget periods. plan accepted by EPA.

$ 35.330-2 Report of project expendi(2) Priority will be given to applicants

tures. who exhibit a high level of under

No later than 90 days following the standing of the problems to be addressed.

end of each budget period, the grantee § 35.320-3 Local and regional applica- planning agency shall submit to the Retions.

gional Administrator a report of project The following additional criteria will

expenditures. apply to local and regional applications: & 35.330–3 Final report. (a) Highest priority will be given

The grantee shall submit a final report to applicants who can implement positive improvements

for approval prior to the end of the apin solid waste

proved project period. The report shall management. (b) Priority will be given to areawide

document project activities over the enplanning, that is, planning for an area

tire period of grant support and shall which is economically, socially, geo

present in complete detail all technical graphically, and environmentally related

aspects, negative and positive, toward the and which is appropriate for purposes of

achievement of the stated purposes and

objectives, and shall include the plan dea solid waste planning project. (c) If the applicant cannot directly

veloped for solution of the solid waste implement recommendations of the plan.

management problems. The plan shall (1) Priority among management plan

be based upon the project findings, data

analyses, and conclusions, and shall inning projects will be given to applicants who have the following capabilities.

clude specific recommendations for ac

tion and implementation. The final re(i) Organizational capabilities. State and local ordinances which allow alter

port shall reflect or include EPA com

ment. One set of reproducible copy native approaches to solid waste management (e.g., regional solid waste regu

suitable for printing and such other coplatory authority, solid waste public or

ies as may be stipulated in the grant private utility, publicly owned and oper

agreement shall be promptly transmitted ated system).

to the Regional Administrator. (ii) Financing capabilities. State and $ 35.340 Continuation grant. local ordinances which regulate solid

To be eligible for a continuation grant waste management functions, such as in

within the approved project period, the cineration, land disposal, and collection.

grantee planning agency must: (2) Priority among special purpose

(a) Have demonstrated satisfactory planning projects will be given to appli

performance during all previous budget cants who have: (i) Shown that the special purpose

periods; and

(b) Submit no later than 30 days prior planning is coordinated with a completed solid waste management plan.

to the end of the budget period a contin(ii) Shown why special purpose plan

uation application which includes a de

tailed progress report, an estimated ning is appropriate, if a comprehensive

financial statement for the current solid waste management plan has not been developed.

budget period, a budget for the new

budget period, and an updated work plan $ 35.330 Reports.

revised to account for actual progress accomplished during the current budget (1) Consistency and compatibility of period.

goals and expected results with national Subpart B-Program Grants

strategies in implementing the purpose

and policies of the Clean Air Act and the $ 35.400 Purpose.

Federal Water Pollution Control Act, as

amended. This subpart, which establishes and codifies policy and procedures for air

(2) Feasibility of achieving goals and and water pollution control program

expected results in relation to existing

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 per& 35.400_1 Grants may be awarded to

formance. air pollution control agencies and interstate planning agencies.

(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 8 35.401 Authority.

to the Regional Administrator an annual This 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

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.

1361).

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