Laws: Cases and Codes : U.S. Code : Title 42 : Section 7616


   
U.S. Code as of: 01/19/04
Section 7616. Sewage treatment grants

    (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) of this section.
    (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) of this
    section 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 of this
      chapter 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.
        (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 of this chapter 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.



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