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6246 Federal Register /Vol. 49, No. 34 /Friday, February 17, 1984 /Rules and Regulations ,f) After completion of building a the treatment works referenced in subfect to the conditions under project, revenue from the project (e.g., (a)(3)(i) of this section provided that all § § 35.2202 through 35.2218. sale of atreatment-related by-product; phases or segments previously funded § 35.2202 Step 2+3 projects. lease of the land; or sale of crops grown by EPA are operational and comply with on the land purchased under the grant the enforceable requirements of the Act. (a) Prior to initiating action to acquire agreement) shall be used to offset the (b) Innovative and alternative eligible real property, a Step 2+3 costs of operation and maintenance. The technology. In accordance with grantee shall submit for Regional grantee shall proportionately reduce all § 35.2032, the Federal share for eligible Administrator review and written user charges. .treatment works or unit processes and approval the information required under (g) Adoption of system. One or more techniques that the Regional § 35.2040(6)(7). municipal legislative enactments or Administrator determines meet the (b) Hefore initiating procurement other appropriate authority must definition of innovative or alternative action for the building of the project, a incorporate the riser charge system. If technology shall be 20 percent greater Step 2+3 grantee shall submit for the the project accepts wastewater from than the Federal share under paragraph Regional Administrator's review and other municipalities, the subscribers (a) or (cj of this section, but in no event written approval the information receiving waste treatment services from shall the total Federal share be greater required under § § 35.2040 (bj(5) and the grantee shall adopt user charge than 85 percent. This increased Federal (b)(5), 35.2106, 35.2107, 35.2130 and systems in accordance with this section. share depends on the availability of 35.2140. These user charge systems shall also be funds from the reserve under § 35.2020. incorporated in appropriate municipal The proportional State contribution to § 35.2204 Protect changes. legislative enactments or other the non-Federal share of building costs (a) Minor changes in the project work appropriate authority of all for I/A projects must be the same as ur that are consistent with the objectives of municipalities contributing wastes to the greater than the proportional State the project and within the scope of the treatment works. contribution (if any) to the non-Federal grant agreement do not require the (h) Inconsistent agreements. The user share of eligible building costs for all execution of a formal grant amendment charge system shall take precedence treatment works which receive 75 or 55 "before the grantee's implementation of over any terms or conditions of percent grants or such other.Federal the change. However, the amount of the agreements or contracts which are share under paragraph (c) of this section funding provided by the grant agreement inconsistent with the requirements of in the State. may only be increased by a formal grant section 2o4(b)(1j(Aj of the Act and this (c) Uniform IowerFederel share. (1) amendment. action. Except as provided in § 35.2032 (cj and (b) The grantee must receive from the _..pproved by the Office of Management and (d) of this section, the Governor of a Regional Administrator a formal grant Budget under control number 2040-0027) State may request the Regional amendment before implementing Administrator's approval to revise changes which: § 35.2152 Federal share. uniformly throughout the State the (a) Genera/. The Federal share for Federal share of grant assistance for all (1) Alter the project performance each project shall be based on the sum future projects. The revised Federal standards; of the total Step 3 allowable costs and share must apply to all needs categories [2) Alter the type of wastewater the allowance established in the grant (see § 35.2015(6)(2)). treatment provided by the project; agreement under Appendix B. Except as (2) After EPA awards grant assistance (3) Significantly delay or accelerate provided elsewhere in this section, the fat a project, the Federal share shall be the project schedule; Federal share shall be: the same for any grant increase that is (4) Substantially alter the facilities (1) 75 percent for grant assistance within the scope of the project. plan, design drawings and awarded before October 1, 1984; (d) Training Facilities. The Federal specifications, or the location, size, (2) 55 percent for grant assistance share of treatment works required to capacity, or quality of any major part of awarded after September 30, 1984, train and upgrade waste treatment the project; or except as provided in paragraph (a)(3) of works operations and maintenance (5) Otherwise require a formal grant this section; and personnel maybe up to 100 percent of amendment under Part 30 of this (3) Subject to paragraph (c) of this the allowable cost of the project, subchapter. section, 75 percent for grant assistance (1) Where a grant is made to serve awarded after September 30, 1984, for two or more States, the Administrator is §:35.2206 Operation and malntenanee. sequential phases or segments of a authorized to make an additional grant a The grantee must assure primary, secondary, or advanced for a supplemental facility in each State. ( ) treatment facility or its interceptors, or The Federal funds awarded to any State economical and effective operation end infiltration/inflow correction provided: under section 109(6) for all training maintenance (including replacement) of (iJ The treatment works being phased facilities shall not exceed $500,000. the treatment works. or segmented is described in a facilities (2) Any grantee who received a grant (b) Except as provided in paragraphs plan approved by the Regional under section 109(6) before December (c)(1) and (c)(2) of this section, [he Administrator before October 1. 1984; 27, 1977, may have the grant increased Regional Administrator shall not pay (ii)~The Step 3 grant for the initial up to $500,000 by funds made available more than 50 percent of the Federal phase or segment of the treatment works under the Act, not to exceed 100 percent share of any project unless the grantee has furnished and the Regional described in (a)(3)(i) of this section is of the allowable costs. Administrator has approved the final warded prior to October 1, 1984; and (Approved by the Office of Management and (iii) The phase or segment that Budget under control number 2alo-0027) Plan of operation required by § 35.2108, receives 75 percent funding is necessary and shall not pay more than 90 percent to (A) make a phase or segment § 35.2200 Grant condl0ona, of the Federal share of any project previously funded Ly EPA operational In addition to the EPA Cencrel Crant unless the grantee has furnished and the and comply with the enforceable Conditions (Part 30 of this subchapter), Regional Administrator has approved an requirements of the Acl, or (D) complete each treatment works grant shall be operation and maintenance manual.