
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7616]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 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.

(July 14, 1955, ch. 360, title III, Sec. 316, as added Pub. L. 95-95, 
title III, Sec. 306, Aug. 7, 1977, 91 Stat. 777.)

                       References in Text

    The National Environmental Policy Act, referred to in subsec. (c), 
probably means the National Environmental Policy Act of 1969, Pub. L. 
91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified 
generally to chapter 55 (Sec. 4321 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 4321 of this title and Tables.


                            Prior Provisions

    A prior section 316 of act July 14, 1955, ch. 360, title III, 
formerly Sec. 13, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 1, 77 
Stat. 401; renumbered Sec. 306 and amended Oct. 20, 1965, Pub. L. 89-
272, title I, Sec. 101(4), (6), (7), 79 Stat. 992; Oct. 15, 1966, Pub. 
L. 89-675, Sec. 2(a), 80 Stat. 954; renumbered Sec. 309 and amended Nov. 
21, 1967, Pub. L. 90-148, Sec. 2, 81 Stat. 506; renumbered Sec. 316 and 
amended Dec. 31, 1970, Pub. L. 91-604, Secs. 12(a), 13(b), 84 Stat. 
1705, 1709; Apr. 9, 1973, Pub. L. 93-15, Sec. 1(c), 87 Stat. 11; June 
22, 1974, Pub. L. 93-319, Sec. 13(c), 88 Stat. 265, authorized 
appropriations for air pollution control, prior to repeal by section 306 
of Pub. L. 95-95. See section 7626 of this title.


                             Effective Date

    Section effective Aug. 7, 1977, except as otherwise expressly 
provided, see section 406(d) of Pub. L. 95-95, set out as an Effective 
Date of 1977 Amendment note under section 7401 of this title.
