No later

(a) Tentative allowances. 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 practicable, 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 a grant for:

(i)

(1) Premaintenance programs. 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 § 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 programs continue at a maintenance level. Federal support may be suspended or terminated if a maintenance program ceases to qualify under § 35.525-2.

(3) Interstate planning. The project period for interstate planning shall be a period of time expressed in years that is mutually agreeable to the Regional Administrator and the interstate agency, but shall not exceed 3 years. The project period shall be based on the program goals identified in the program description of the planning grant application. The Regional Administrator may extend the project period once for a period of 1 year.

(b) Budget periods. The budget period of any grant awarded to support a premaintenance or maintenance program or an interstate planning agency shall be for a period of 12 months and shall be coterminous with the grantee agency's fiscal year.

§ 35.507-3 Schedule of Federal support.

§ 35.510 Grant amount.

§ 35.510-1 Determination.

(a) Control agencies. In determining the amount of support for a control agency, the Regional Administrator will consider: (1) The functions, duties, and obligations assigned to the program by any applicable implementation plan; (2) the feasibility of the program in view of the resources to be made available to maintain a total program effort; (3) the probable or estimated total cost of the program in relation to its expected accomplishments; (4) the extent of the actual or potential pollution problem; and (5) the population served within the agency's jurisdiction.

(b) Interstate planning agencies. In determining the amount of support for an interstate planning agency, the Regional Administrator will, pursuant to section 106 of the Act, consider the extent of the actual or potential air pollution problem in relation to: (1) The need to revise applicable implementation plans, or portions thereof, to insure the timely achievement of national primary or secondary ambient air quality standards; (2) the development of new implementation plans; and he will also consider (3) the comments of the appropriate governmental officials; (4) the feasibility of the project with regard to the resources available; and (5) the estimated cost of the project compared to its probable accomplishments.

§ 35.510-2 Limitations.

(a) The amount of a grant award to support an air pollution control agency premaintenance or maintenance program shall be subject to the grant limits set forth in § 35.507-1 in accordance with the schedule of Federal support in § 35.507-3.

(b) Whenever a final allowance is not sufficient to meet the funding requirements of qualified air pollution control agencies, the Regional Administrator shall give priority to continuation support.

(c) Whenever funds available are insufficient to continue support for programs entitled to priority, an agency shall be consulted prior to any reduction in the amount of Federal support.

(d) Grants shall be awarded only from appropriations available at the time of award.

§ 35.515 Eligibility.

(a) No grant may be awarded unless the grant application includes a program description which meets the requirements of § 35.525 and which has been approved by the Regional Administrator.

(b) No grant may be awarded until the Regional Administrator has consulted with the official designated by the Governor or Governors of the State or States affected by such award pursuant to section 105(b) of the Clean Air Act. Such consultation should consider the role of the applicant in the enforcement of any applicable implementation plan and confirm that the project will be consistent with the objectives of the State air pollution control program.

(c) No grant may be awarded during any fiscal year when the estimated recurrent expenditures of non-Federal funds for the program will be less than the recurrent expenditures of non-Federal funds were for such programs during the preceding fiscal year.

(d) No grant may be awarded unless the applicant provides assurance satisfactory to the Regional Administrator that such grant will be used to supplement and, to the extent practicable, increase the State, local, or other nonFederal funds that would in the absence of such grant be made available for such program, and that Federal assistance will in no event supplant such State, local,

(e) Not more than 10 percent of the or other non-Federal funds.

total of funds appropriated or allocated for the purposes of section 105(a) of the Clean Air Act in any one fiscal year shall be granted for air pollution control programs in any one State. In the case of a grant for a program in an area crossing State boundaries, the Regional Administrator shall determine the portion of such grant that is chargeable to the 10 per

cent limitation for each State into which such area extends.

(f) No grant may be awarded under § 35.507-1(a) (1) (ii) and (2) (ii) with respect to any air quality control region, or portion thereof, for which there is an applicable implementation plan, unless the air pollution control agency applicant has substantial responsibility for carrying out such applicable implementation plan. "Substantial responsibility" shall include, but not be limited to, adequate legal authority and resource capability for carrying out the effort required to implement and meet the goals of an approved implementation plan in an agency's geographic area of jurisdiction independently or in concert with other air pollution control agencies.

(g) No grant may be awarded to any interstate or intermunicipal air pollution control agency unless the applicant provides assurance satisfactory to the Regional Administrator in the grant application narrative description that the agency provides for adequate representation of appropriate State, interstate, local, and (when appropriate) international interests in the air quality control region and further that the agency has the capability of developing and implementing a comprehensive air quality plan for the air quality control region. Such a plan shall include (when found appropriate by the Regional Administrator) a recommended system of alerts to avert and reduce the risk of situations in which there may be imminent and serious danger to the public health or welfare from air pollutants and the various aspects relevant to the establishment of air quality standards for such air quality control region, including the concentration of industries, other commercial establishments, population and naturally occurring factors which shall affect such standards. § 35.520-2 Interstate planning.

No grant may be awarded pursuant to 35.507-1(b) unless such agency is designated by the Governors of the affected States, is capable of recommending to the Governors plans for implementation of national primary and secondary ambient air quality standards and includes representation from the States and appropriate political subdivisions within the affected interstate air quality control regions.

§ 35.525 Program requirements.

Portions of the program description may incorporate by reference appropriate parts of an applicable implementation plan.

§ 35.525-1 Premaintenance program.

A program description for an air pollution control agency premaintenance program shall include, but not be limited to, the following:

(a) A description of the extent of the air pollution problem within the applicant's geographical area of jurisdiction.

(b) A comprehensive statement of applicant's objectives for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards, and of the proposed means to achieve these objectives.

(c) A description of the applicant's existing program and of the changes that are to be initiated during the project period, including but not limited to those procedures necessary to develop or execute any applicable implementation plan. Items that should be specifically included as part of the comprehensive description are:

(1) A description of the pertinent existing legal authority including applicable statutes, ordinances, rules, and regulations.

(2) A description of proposed, pending, or requested changes to the existing legal authority.

(3) A description of the organization, methodology, and resources utilized in the program. Resources should include administrative and technical support, personnel, facilities, equipment, staff, and other pertinent resources; and of any additional resources required to meet the program objectives or execute any applicable implementation plan.

(4) A description of any intergovernmental agreements and/or working relationships for carrying out programs.

(d) Regulations for the prevention and control of air pollution which are at least as stringent as those contained within any applicable implementation plan covering sources under the jurisdiction of the applicant agency.

(e) Provisions for visible emission limitations adequate for the prevention and control of particulate matter from all sources over which the applicant has jurisdiction and provide adequate measures for the prevention and control of

open burning within the geographic area of the applicant's jurisdiction.

(f) A certification by the official responsible for application preparation that the program description as submitted has been officially adopted by that program.

(g) If no applicable implementation plan exists, the program description must have been determined by the appropriate official designated by the Governor of the State, to be designed to prevent, and control air pollution within the geographic area of responsibility of the applicant in a manner consistent with the program of the State air pollution control agency.

(h) If there exists an applicable implementation plan for any air quality control region within which the program's geographical area of jurisdiction is partially or totally located, the program description must be designed to prevent and control air pollution within the geographical area and scope of responsibility of such applicant in a manner consistent with such applicable implementation plan.

§ 35.525-2

Maintenance program.

A program description of an air pollution control agency maintenance program shall satisfy the requirements of § 35.525-1 and shall meet the following additional requirements, either alone or in cooperation with other agencies within its geographic area of jurisdiction. The program must:

(a) Provide a description of the organization, program support activities and staffing skills that are consistent with stated objectives, environmental needs and solutions.

(b) Employ at least 75 percent of estimated total staff needs as determined by an Environmental Protection Agency manpower model, comparable task analysis procedures or other means acceptable to the Regional Administrator.

(c) Provide training for development and upgrading of employee skills consistent with maintenance program requirements.

(d) Provide for public education and information that is designed to maintain public confidence and support of the air pollution control program.

(e) Maintain legal authority and regulations to prevent, abate, and control air pollution from all sources within the applicant's area of jurisdiction which

are not subject to exclusive control by other agencies.

(f) Provide procedures for conducting area surveillance source inspections and enforcement activities on a 24-hour basis. This shall include a system involving official forms for complaints, violation notices, violation observations, source registration, site inspections, etc. Enforcement activities must be supported by adequate legal services.

(g) Provide a communication system for implementing emergency procedures and rapid response to field surveillance and enforcement needs. The applicant agency should be capable of effecting reduction through emergency episode procedures, and of assessing engineering feasibility of the emission regulations being developed.

(h) Provide a program that sets forth legally enforceable procedures that will be used to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard.

(i) Provide a procedure and capability for obtaining, performing, and/or evaluating source tests of industrial processes and operations required by permit systems and/or regulations.

(j) Provide an operation and maintenance schedule for the operation of laboratory facilities to assure their adequacy for performing analysis of samples and data reduction functions. The program for performing required laboratory operations can be provided as an external service to the agency.

(k) Provide a system for data acquisition, handling, and analysis consistent with maintenance program requirements.

(1) Operate and maintain an air quality monitoring network consistent as a minimum with implementation plan requirements.

(m) Provide in a form prescribed by the Administrator an updated, comprehensive emission inventory of air pollutants being discharged within the applicant's area of jurisdiction and covering the sources and amounts of those air pollutants for which national ambient air quality standards have been promulgated under section 109 of the Clean Air Act (42 U.S.C. 1857c-4) and those that have been determined as hazardous in accordance with section

112 of the Clean Air Act (42 U.S.C. 1857c-7).

(n) Provide data regarding distribution and concentrations of those air pollutants in the ambient air within the applicant's area of jurisdiction which are not currently being reported in accordance with any applicable implementation plan.

§ 35.525-3 Interstate planning.

A program description of an interstate planning agency shall include, but not be limited to, the following:

(a) Where there exists an applicable implementation plan, or portion thereof, a project description shall include:

(1) A listing of the air pollutants and their associated air quality standards applicable to the proposed project.

(2) A description (including geographic and temporal extent) of any unanticipated deficiency in any applicable implementation plan, or portion thereof, which may prevent the timely achievement of any applicable air quality standard.

(3) A description of the applicant's proposals, including alternatives, designed to insure the timely achievement of any applicable air quality standard. These proposals shall set forth project objectives in order of priority and the timetable for achieving such objectives.

(b) For the purpose of developing new implementation plans to meet national ambient air quality standards promulgated by the Administrator, the project description shall include:

(1) A listing of the air pollutants and their associated national ambient air quality standards applicable to the proposed project.

(2) A description of the steps to be taken to develop an implementation plan which will meet the requirements of section 110 of the Clean Air Act (42 U.S.C. 1857c-5) and 40 CFR Part 51.

(c) A description of existing and proposed resources, including staff, facilities, and procedures, adequate for effective implementation of the project.

§ 35.530 Supplemental conditions.

In addition to any other requirement herein, each air pollution control part shall be subject to the following conditions:

(a) Direct cost expenditures for the purchase of real estate or construction of a fixed structure are unallowable, ex