Title 42, The Public Health and WelfareRelease 119-110

§7616 Sewage Treatment Grants

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

Last updated Sep 23, 2026|Official source

Summary

The Administrator cannot refuse, limit, or add conditions to a grant for building sewage treatment works because of this chapter, except in the specific cases listed below. The Administrator may withhold, limit, or condition a construction grant only if they find that: the treatment works will not meet the standards in section 7411 or 7412 of this title; the State does not have, or is not carrying out, an approved State implementation plan that clearly measures and accounts for the increase in each air pollutant from stationary and mobile sources in any area where part C or part D of subchapter I applies that could result from the new sewage treatment capacity; the new capacity would likely cause emissions higher than those allowed by that plan or would not fit the plan; or the emissions increase would conflict with another State’s implementation plan. For areas covered by part D, the required emissions accounting must include growth from areawide and nonmajor stationary sources (mobile and stationary). Nothing here changes or affects the National Environmental Policy Act (42 U.S.C. 4321 et seq.) or decisions under that Act.

Full Legal Text

Title 42, §7616

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

(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.
(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.

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 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110