42 U.S.C. § 7615 — Separability

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-