42 U.S.C. § 7616 — Sewage treatment grants

Page 7401 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7616 1 So in original. Probably should be ‘‘section,’’. 1 So in original. The period probably should be a comma. those prevailing for the same type of work on similar construction in the locality as deter- mined by the Secretary of Labor, in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this sub- section,1 the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 3145 of title 40. (July 14, 1955, ch. 360, title III, § 314, formerly § 307, as added Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 506; renumbered § 314 and amended Pub. L. 91–604, §§ 12(a), 15(c)(2), Dec. 31, 1970, 84 Stat. 1705, 1713.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a—276a–5)’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. Section was formerly classified to section 1857j–3 of this title. AMENDMENTS 1970—Pub. L. 91–604, § 15(c)(2), substituted ‘‘Adminis- trator’’ for ‘‘Secretary’’ meaning the Secretary of Health, Education, and Welfare. § 7615. Separability If any provision of this chapter, or the applica- tion of any provision of this chapter to any per- son or circumstance, is held invalid, the applica- tion of such provision to other persons or cir- cumstances, and the remainder of this chapter shall not be affected thereby. (July 14, 1955, ch. 360, title III, § 315, formerly § 12, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 401; renumbered § 305, Pub. L. 89–272, title I, § 101(4), Oct. 20, 1965, 79 Stat. 992; renumbered § 308 and amended, Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 506; renumbered § 315, Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1705.) Editorial Notes CODIFICATION Section was formerly classified to section 1857k of this title. AMENDMENTS 1967—Pub. L. 90–148 reenacted section without change. § 7616. Sewage treatment grants (a) Construction No grant which the Administrator is author- ized to make to any applicant for construction of sewage treatment works in any area in any State may be withheld, conditioned, or re- stricted by the Administrator on the basis of any requirement of this chapter except as pro- vided in subsection (b). (b) Withholding, conditioning, or restriction of construction grants The Administrator may withhold, condition, or restrict the making of any grant for construc- tion referred to in subsection (a) only if he de- termines 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 ex- pressly quantifies and provides for the in- crease 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 ca- pacity which would be created by such con- struction.1 (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 indi- rectly, an increase in emissions of any air pollutant in excess of the increase provided for under the provisions referred to in para- graph (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 inter- fere with, or be inconsistent with, the applica- ble 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 quan- tification of emissions referred to in paragraph (2) shall include the emissions of any such pol- lutant 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, § 316, as added Pub. L. 95–95, title III, § 306, Aug. 7, 1977, 91 Stat. 777.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act, referred to in subsec. (c), probably means the National Environ- Page 7402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7617 1 See References in Text note below. mental 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; renum- bered § 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 ex- pressly 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. § 7617. Economic impact assessment (a) Notice of proposed rulemaking; substantial revisions This section applies to action of the Adminis- trator in promulgating or revising— (1) any new source standard of performance under section 7411 of this title, (2) any regulation under section 7411(d) of this title, (3) any regulation under part B 1 of sub- chapter I (relating to ozone and stratosphere protection), (4) any regulation under part C of subchapter I (relating to prevention of significant deterio- ration of air quality), (5) any regulation establishing emission standards under section 7521 of this title and any other regulation promulgated under that section, (6) any regulation controlling or prohibiting any fuel or fuel additive under section 7545(c) of this title, and (7) any aircraft emission standard under sec- tion 7571 of this title. Nothing in this section shall apply to any stand- ard or regulation described in paragraphs (1) through (7) of this subsection unless the notice of proposed rulemaking in connection with such standard or regulation is published in the Fed- eral Register after the date ninety days after August 7, 1977. In the case of revisions of such standards or regulations, this section shall apply only to revisions which the Administrator determines to be substantial revisions. (b) Preparation of assessment by Administrator Before publication of notice of proposed rule- making with respect to any standard or regula- tion to which this section applies, the Adminis- trator shall prepare an economic impact assess- ment respecting such standard or regulation. Such assessment shall be included in the docket required under section 7607(d)(2) of this title and shall be available to the public as provided in section 7607(d)(4) of this title. Notice of proposed rulemaking shall include notice of such avail- ability together with an explanation of the ex- tent and manner in which the Administrator has considered the analysis contained in such eco- nomic impact assessment in proposing the ac- tion. The Administrator shall also provide such an explanation in his notice of promulgation of any regulation or standard referred to in sub- section (a). Each such explanation shall be part of the statements of basis and purpose required under sections 7607(d)(3) and 7607(d)(6) of this title. (c) Analysis Subject to subsection (d), the assessment re- quired under this section with respect to any standard or regulation shall contain an analysis of— (1) the costs of compliance with any such standard or regulation, including extent to which the costs of compliance will vary de- pending on (A) the effective date of the stand- ard or regulation, and (B) the development of less expensive, more efficient means or meth- ods of compliance with the standard or regula- tion; (2) the potential inflationary or recessionary effects of the standard or regulation; (3) the effects on competition of the stand- ard or regulation with respect to small busi- ness; (4) the effects of the standard or regulation on consumer costs; and (5) the effects of the standard or regulation on energy use. Nothing in this section shall be construed to provide that the analysis of the factors specified in this subsection affects or alters the factors which the Administrator is required to consider in taking any action referred to in subsection (a). (d) Extensiveness of assessment The assessment required under this section shall be as extensive as practicable, in the judg- ment of the Administrator taking into account the time and resources available to the Environ- mental Protection Agency and other duties and authorities which the Administrator is required to carry out under this chapter. (e) Limitations on construction of section Nothing in this section shall be construed— (1) to alter the basis on which a standard or regulation is promulgated under this chapter; (2) to preclude the Administrator from car- rying out his responsibility under this chapter to protect public health and welfare; or (3) to authorize or require any judicial re- view of any such standard or regulation, or any stay or injunction of the proposal, pro- mulgation, or effectiveness of such standard or regulation on the basis of failure to comply with this section. (f) Citizen suits The requirements imposed on the Adminis- trator under this section shall be treated as non- discretionary duties for purposes of section