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 complement or carry out comprehensive basin planning; and

to

(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.

These provisions establish and codify policies and procedures for grants for solid waste planning projects. These provisions supplement the EPA general grant regulations (40 CFR Part 30). § 35.301 Authority.

These provisions for solid waste planning grants are issued under section 207 of the Solid Waste Disposal Act as amended, 42 U.S.C. 3254a.

§ 35.302 Definitions.

As used herein, the following words and terms shall have the meaning set forth below:

§ 35.302-1 Intermunicipal agency.

An agency established by two or more municipalities with responsibility for planning or administration of solid waste disposal.

§ 35.302-2 Interstate agency.

An agency of two or more municipalities in different States, or an agency established by two or more States, with authority to provide for the disposal of solid wastes and serving two or more municipalities located in different States.

§ 35.302-3 Municipality.

A city, town, borough, county, parish, district, or other public body created by or pursuant to State law with responsibility for the planning or administration of solid waste disposal, or an Indian tribe. § 35.302-4 Solid waste.

Garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants.

§ 35.302-5 Solid waste disposal.

§ 35.304-1

Management planning.

Management planning concentrates on alternative institutional arrangements for regulating, operating, and financing an environmentally sound solid waste management system. Examples of management planning include:

(a) Local and regional planning which results in the implementation of a selffinanced solid waste agency which will adequately protect the environment.

(b) Local and regional planning which results in the establishment of a solid waste regulatory authority which may then operate or franchise for collection, processing, or disposal of solid waste in an environmentally sound manner.

(c) State planning to develop a comprehensive State Solid Waste Manage

ment Plan which results in State actions to enable regional or local units to finance and manage waste systems efficiently and in a manner protective of the environment, and recommends alternative State regulatory, financial assistance and technical assistance roles with local units.

§ 35.304-2 Special purpose planning.

Special purpose planning concentrates on how specific components of a solid waste management system can be developed or improved. Examples of special purpose planning include:

(a) Local and regional planning which results in closing open dumps and implementing a new sanitary landfill, and is consistent with any applicable comprehensive solid waste management plan.

(b) Local and regional planning which results in improved collection service and is consistent with any applicable comprehensive solid waste management plan.

(c) State planning which results in the handling and processing of abandoned or discarded motor vehicles in an environmentally sound manner.

(d) State planning which results in a strategy and methodology for enforcing existing State bans on poor solid waste management practices, e.g., open dumping.

§ 35.305 Grant limitations.

Solid waste planning grants shall be subject to the following limitations:

(a) No grant may exceed 75 percent of the allowable cost of a project pertaining to an area which includes more than one municipality.

(b) No grant may exceed 66 percent of the allowable cost of a project pertaining to an area which includes only one municipality.

(c) No project period may exceed 2 years, beginning with the project commencement date approved at the time of initial grant award.

§ 35.310 Eligibility.

To be eligible for a solid waste planning grant, an applicant must:

(a) Be a State, interstate, municipal, intermunicipal agency, or organization composed of public officials which is eligible for assistance under section 701(g) of the Housing Act of 1954 (40 U.S.C. 461 (g)); or

(b) Have been designated as the sole agency responsible for carrying out the

purposes of section 207 of the Solid Waste Disposal Act for the area involved. Designation of State agencies is by the Governor: Provided, That local and regional applicants, may be designated by the State solid waste management agency designated by the Governor.

§ 35.315 Application.

§ 35.315-1 Preapplication procedures. (a) An informal preapplication should be submitted to the appropriate Regional Administrator prior to formal applica

tion.

(b) Such preapplication may be in letter form, must be brief (less than five pages) and should generally include:

(1) A description of the applicant agency and its jurisdictions;

(2) The proportion of the project devoted to management planning or special purpose planning;

(3) The objectives of the project;

(4) A brief description of the ability to meet mandatory criteria, the evaluative criteria, and the legal requirements.

(5) Estimated total costs, schedule of the project, expected outputs, and requested Federal share.

(c) Preapplications will be reviewed by the EPA Regional Office within 30 days of receipt to determine eligibility and general technical merit.

(d) Preapplications should be developed in consultation with State solid waste agencies and local agencies to be affected by the project.

§ 35.315-2 Application requirements.

An application for a solid waste 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 State solid waste management agency designating the applicant as the sole agency responsible for carrying out the purposes of section 207 of the Solid Waste Disposal Act for the area involved.

(b) Include a work plan which contains the following information:

(1) Explanation and scheduling of the tasks to be performed.

(2) Identification of which unit will perform each task.

(3) Estimation of the costs per task. (4) Identification of all subagreements.

(c) Identify the steps necessary to implement the recommendations of the plan.

(d) Indicate provision for active involvement of local officials, key managers of publicly and privately owned solid waste agencies and other affected agencies (e.g., public works departments, sanitation districts, existing utilities, etc.), local officials, and the general public during the entire planning process.

(e) Provide for the assignment of a full-time, qualified project director and other appropriate staff to the project. A part-time project director may be adequate for small rural projects.

(f) Schedule conformance to State and local regulations governing solid waste management, e.g., bans on open dumping. Where regulations or ordinances do not exist, assurance must be given that action taken under the grant will contribute to the elimination of offensive practices harmful to the environment.

(g) Assure that the planning of solid waste disposal will be coordinated, with and not duplicate other related State, interstate, regional, and local planning activities, including those financed in part with funds pursuant to section 701 of the Housing Act of 1954 (40 U.S.C. 461).

In determining the desirability and extent of funding for a project and priority of an application, the Regional Administrator will consider the following criteria:

§ 35.320-1 All applications.

(a) Priority will be given to management planning projects over special purpose planning projects.

(b) All other factors being equal, priority will be given to applicants supplying a greater proportion of non-Federal funding support over those supplying the minimum required non-Federal support.

(c) Priority will be given to applications which show that data collection is carefully limited to the purposes of the plan over those which have excessive date collection tasks.

(d) Priority will be given to applications according to the level of progress of their respective State solid waste management plans (e.g., progressing satisfactorily, completed and accepted by EPA, adopted by the Governor).

(e) Priority will be given to plans to be developed primarily by the applicant's

The following additional criteria will apply to State applications:

(a) For management planning projects. (1) Priority will generally be given to applications which illustrate an awareness of the management and financing options which could be utilized at the State, local, and regional levels.

(b) For special purpose planning projects. (1) Priority will be given to States which have completed, adopted, and implemented a solid waste management plan accepted by EPA.

(2) Priority will be given to applicants who exhibit a high level of understanding of the problems to be addressed. § 35.320-3 Local and regional applications.

The following additional criteria will apply to local and regional applications:

(a) Highest priority will be given to applicants who can implement positive improvements in solid waste

management.

(b) Priority will be given to areawide planning, that is, planning for an area which is economically, socially, geographically, and environmentally related and which is appropriate for purposes of a solid waste planning project.

(c) If the applicant cannot directly implement recommendations of the plan.

(1) Priority among management planning projects will be given to applicants who have the following capabilities.

(i) Organizational capabilities. State and local ordinances which allow alternative approaches to solid waste management (e.g., regional solid waste regulatory authority, solid waste public or private utility, publicly owned and operated system).

(ii) Financing capabilities. State and local ordinances which regulate solid waste management functions, such as incineration, land disposal, and collection.

(2) Priority among special purpose planning projects will be given to applicants who have:

(i) Shown that the special purpose planning is coordinated with a completed solid waste management plan.

(ii) Shown why special purpose planning is appropriate, if a comprehensive solid waste management plan has not been developed.

§ 35.330 Reports.

§ 35.330-1 Progress reports.

The grant agreement may require the submission of a brief (less than five pages) progress report after the end of each quarter of the budget period. This progress report must show in chart or in a narrative format the progress achieved on each task in relation to the approved schedule and project milestones. Special problems and delays should be explained. The more detailed progress report included with applications for continuation grants may be used in lieu of a thirdquarter report for projects having 1-year budget periods.

§ 35.330-2 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.

§ 35.330-3 Final report.

The grantee shall submit a final report for approval prior to the end of the approved project period. The report shall document project activities over the entire period of grant support and shall present in complete detail all technical aspects, negative and positive, toward the achievement of the stated purposes and objectives, and shall include the plan developed for solution of the solid waste management problems. The plan shall be based upon the project findings, data analyses, and conclusions, and shall include specific recommendations for action and implementation. The final report shall reflect or include EPA comment. One set of reproducible copy suitable for printing and such other copies as may be stipulated in the grant agreement shall be promptly transmitted to the Regional Administrator.

§ 35.340 Continuation grant.

To be eligible for a continuation grant within the approved project period, the grantee planning agency must:

(a) Have 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 ac