Title 42The Public Health and WelfareRelease 119-73

§7616 Sewage treatment grants

Title 42 › Chapter CHAPTER 85— - AIR POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 7616

Last updated Apr 6, 2026|Official source

Summary

The EPA Administrator cannot refuse or limit a grant to build sewage treatment works except for certain air-quality reasons. A grant may be blocked, limited, or made conditional only if the Administrator finds one of these things: the works would fail to meet the standards in sections 7411 or 7412; the State does not have, or is not using, an approved State implementation plan that clearly predicts and provides for any increase in emissions of each air pollutant (from stationary and mobile sources) that can reasonably be expected from the new treatment capacity in areas covered by part C or part D of subchapter I; the new capacity would cause emissions above what that plan allows or otherwise not follow the plan; or the emissions increase would interfere with another State’s plan. This does not change or affect the National Environmental Policy Act (42 U.S.C. 4321 et seq.) or decisions about whether its requirements have been met.

Full Legal Text

Title 42, §7616

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.11 So in original. The period probably should be a comma.
(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.
(c)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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, which is classified generally to chapter 55 (§ 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 § 13, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401; renumbered § 306 and amended Oct. 20, 1965, Pub. L. 89–272, title I, § 101(4), (6), (7), 79 Stat. 992; Oct. 15, 1966, Pub. L. 89–675, § 2(a), 80 Stat. 954; renumbered § 309 and amended Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 506; renumbered § 316 and amended Dec. 31, 1970, Pub. L. 91–604, §§ 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub. L. 93–15, § 1(c), 87 Stat. 11;
June 22, 1974, Pub. L. 93–319, § 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.

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7616

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73