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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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