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42 U.S.C. § 7616 — Sewage treatment grants

submitted 71 years ago by Pub. L. 95-95 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 405 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal sewage-treatment construction grants normally cannot be blocked for Clean Air Act reasons. But the EPA can withhold or limit a grant if the new treatment plant, or the added sewage capacity it creates, would push air pollution above what the State’s air plan allows.

(a) General rule. The Administrator may not withhold, condition, or restrict a grant for constructing sewage treatment works in a State area based on a requirement of this chapter, except as subsection (b) allows.

(b) Exceptions. The Administrator may withhold, condition, or restrict the grant only if the Administrator determines that the treatment works will not comply with applicable section 7411 or 7412 standards; the State lacks, or is not carrying out, an approved implementation plan that expressly quantifies and provides for the increase in each air pollutant’s emissions from stationary and mobile sources in an area covered by part C or part D of subchapter I, when that increase may reasonably be expected to result directly or indirectly from the new sewage capacity; the new capacity may reasonably be expected to cause or contribute, directly or indirectly, to emissions above the increase provided for the area, or otherwise would not conform to the applicable implementation plan; or the emissions increase would interfere with or be inconsistent with another State’s applicable implementation plan. For treatment-works construction that would directly or indirectly increase emissions from stationary and mobile sources in a part D area, the emissions calculation under the State-plan condition must include emissions directly or indirectly resulting from areawide and nonmajor stationary-source growth (mobile and stationary) for that area.

(c) National Environmental Policy Act. Nothing in this section amends or alters the National Environmental Policy Act or affects a determination whether that Act’s requirements were met for construction of sewage treatment works.

the actual law source: uscode.house.gov ↗public domain
(a) Construction

No grant which the Administrator is authorized to make to any applicant for construction of sewage treatment works in any area in any State may be withheld, conditioned, or restricted by the Administrator on the basis of any requirement of this chapter except as provided in subsection (b).

(b) Withholding, conditioning, or restriction of construction grants

The Administrator may withhold, condition, or restrict the making of any grant for construction referred to in subsection (a) only if he determines that—

(1)

such treatment works will not comply with applicable standards under section 7411 or 7412 of this title,

(2)

the State does not have in effect, or is not carrying out, a State implementation plan approved by the Administrator which expressly quantifies and provides for the increase in emissions of each air pollutant (from stationary and mobile sources in any area to which either part C or part D of subchapter I applies for such pollutant) which increase may reasonably be anticipated to result directly or indirectly from the new sewage treatment capacity which would be created by such construction.1

(3)

the construction of such treatment works would create new sewage treatment capacity which—

(A)

may reasonably be anticipated to cause or contribute to, directly or indirectly, an increase in emissions of any air pollutant in excess of the increase provided for under the provisions referred to in paragraph (2) for any such area, or

(B)

would otherwise not be in conformity with the applicable implementation plan, or

(4)

such increase in emissions would interfere with, or be inconsistent with, the applicable implementation plan for any other State.

In the case of construction of a treatment works which would result, directly or indirectly, in an increase in emissions of any air pollutant from stationary and mobile sources in an area to which part D of subchapter I applies, the quantification of emissions referred to in paragraph (2) shall include the emissions of any such pollutant resulting directly or indirectly from areawide and nonmajor stationary source growth (mobile and stationary) for each such area.

(c) National Environmental Policy Act

Nothing in this section shall be construed to amend or alter any provision of the National Environmental Policy Act [42 U.S.C. 4321 et seq.] or to affect any determination as to whether or not the requirements of such Act have been met in the case of the construction of any sewage treatment works.

Source credit: (July 14, 1955, ch. 360, title III, § 316, as added Pub. L. 95–95, title III, § 306, Aug. 7, 1977, 91 Stat. 777.)

history & why it existsrecord from the source credit
  • 1955Enacted · Pub. L. 95-95 · 91 Stat. 777

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-95 on 1955-07-14.

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