35.908 35.910 35.910-1 35.910-2 Storm sewer. Treatment works. Advanced technology and accelerated construction techniques. Allocation of funds. Allotment. Reallotment. State determination and certification of project priority. Grant application. Eligibility. Procedure. Contents of application. 35.915 35.920 35.920-1 35.920-2 35.920-3 35.925 35.925-1 35.925-2 35.925-3 35.925-4 35.925-5 35.925-6 35.925-7 Design. Priority certification. Applicant's funding capability. Environmental review. Operation and maintenance pro 35.925-12 Sewage collection systems. 35.925-13 Alternative techniques and tech Purpose of regulation. This part establishes and codifies policies and procedures governing the award of State and local assistance grants by the Environmental Protection Agency. § 35.002 Applicability and scope. This part establishes mandatory policies and procedures for all EPA State and local assistance grants. The provisions of this part supplement the EPA general grant regulations and procedures (40 CFR Part 30). Accordingly, all EPA State and local assistance grants are awarded subject to the EPA interim general grant regulations and procedures (40 CFR Part 30) and to the applicable provisions of this Part 35. Subpart A-Planning Grants WATER POLLUTION CONTROL PLANNING REQUIREMENTS § 35.150 Applicability. The requirements of basin control and regional and metropolitan plans apply to: (a) Water pollution control comprehensive basin plans pursuant to § 35.225; (b) Basinwide plans and regional and metropolitan plans as required by §§ 35.835-2 and 35.835-3 of Subpart C for Any basinwide plan for the control or abatement of water pollution must adequately take into account all, or such as may be appropriate, of the following: (a) Sources of pollution. An identification list of all significant point sources of waste discharges (municipal, industrial, agricultural, and others) and of all significant nonpoint sources of water quality degradation. (b) Volume of discharge. The average daily volume of discharge produced by each waste discharger. Cooling water, or cooling water which is contaminated by industrial waste or sewage shall be reported separately. Storm water and mixed storm water and sewage shall be identified and reported separately in terms of frequency-volume relationships. (c) Character of effluent. The major characteristics of each such waste discharge together with a measurement of their relative strength or concentrations including but not limited to: (d) Present treatment. A brief description of the type of treatment being given by each discharger, together with a statement of the degree of treatment currently being achieved. (e) Water quality effect. A brief description of the effect of discharges and abatement practices upon the quality of the water in the basin, and the anticipated effectiveness of the projects or activities proposed to improve the quality of the water. (f) Detailed abatement program. Identify all waste discharges for which present treatment is less than required by approved water quality standards, or which will degrade water quality below standards. For each such discharge so identified, furnish an abatement schedule containing the following: (1) Level of treatment to be required expressed in percentage of reduction of BOD and/or any other significant parameters required pursuant to applicable Federal, State, and interstate laws, regulations, and orders. (2) Volume of flow for which waste treatment facilities will be designed. (3) Estimated completion dates for preliminary plans, for final design, for construction, and for operation of waste treatment facilities. (4) Estimated cost of design and construction if available. (5) Identification of agencies or entities responsible for abatement actions or implementation of the recommended abatement program with respect to each such discharge. § 35.150-2 Regional and metropolitan plans. Any regional or metropolitan plan for the prevention, control, or abatement of water pollution must adequately take into account: (a) Anticipated growth of population and economic activity with reference to time and location. (b) Present and future use and value of the waters within the planning area for domestic water supplies, propagation of fish and wildlife, recreational purposes, agricultural, industrial, and other legitimate uses. (c) Adequacy of the waste collection systems in the planning area with reference to operation, maintenance, and expansion of such systems. (d) Combination or integration of waste treatment facilities into a waste treatment system so as to achieve efficiency and economy of such treatment. (e) Practicality and feasibility of treating domestic and industrial waste in a combined waste treatment facility or integrated waste treatment system. (f) Need for and capacity to deal with waste from sewers which carry storm water or both storm water and sewage or other wastes. (g) Waste discharges presently in, or anticipated for the planning area. (h) Effect of proposed waste treatment facilities upon the quality of the water within the planning area with reference to other waste discharges and to applicable water quality standards. (i) Institutional arrangements necessary to implement the plan. A State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. § 35.205-4 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 contains 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. § 35.220 Criteria for award. In determining the desirability and extent of funding for a project and relative merit of an application, consideration will be given to the following criteria: (a) The severity of the water pollution problem in the basin and the extent to which the proposed planning will contribute to its control; (b) The population affected by the water pollution problem in the basin and the per capita cost of the proposed planning; (c) Whether the proposed planning will provide the opportunity to make substantial advances in the comprehensive, basinwide management of pollution control; (d) The extent of the need in the basin for more detailed plans or coordinated programs, including financial and other institutional arrangements to complement or carry out comprehensive basin planning; and (e) The existence and extent of support by public and private interests in the basin for water pollution control planning and implementation. § 35.225 Water pollution control comprehensive basin plan. Each planning agency receiving a water quality management planning grant shall develop and submit to the Regional Administrator within the approved project period, a water pollution control comprehensive basin plan which: (a) Is consistent with applicable Federal and State water quality standards and objectives; (b) Recommends such treatment works and sewer systems as will provide the most effective and economical means of collection, storage, treatment, and purification of wastes and recommends means to encourage both municipal and industrial use of such works and systems; (c) Recommends methods of adequately financing those facilities as may be necessary to implement the plan; (d) Provides for continuing participation of public and private, State, interstate, local, and (where appropriate) international interests in water quality management planning in the basin; and (e) Meets the requirements for water pollution control planning set forth in § 35.150. (f) Recommends administrative and organization systems and procedures necessary to implement the plan. § 35.230 Reports. § 35.230-1 Report of project expendi tures. No later than 90 days following the end of each budget period, the grantee planning agency shall submit to the Regional Administrator a report of project expenditures. § 35.230-2 Interim plan. The grant agreement may require the submission of an interim water pollution control comprehensive basin plan prior to the end of the project period. § 35.240 Continuation grant. To be eligible for a continuation grant for a second or third budget period within the approved project period, the grantee planning agency must: (a) Having demonstrated satisfactory performance during all previous budget periods; and (b) Submit no later than 30 days prior to the end of the budget period a continuation application which includes a detailed progress report, an estimated financial statement for the current budget period, a budget for the new budget period, and an updated work plan revised to account for actual progress accomplished during the current budget period. SOLID WASTE PLANNING GRANTS § 35.300 Purpose. |