--- kind: "section" citation: "42 U.S.C. § 7616" title: "42" title_heading: "The Public Health and Welfare" number: "7616" heading: "Sewage treatment grants" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/7616" units: - "Chapter 85 — Air Pollution Prevention and Control" - "Subchapter III — General Provisions" --- # §7616. Sewage treatment grants - (a) **Construction—** No grant which the [Administrator](/usc/42/7602.md?p=a) is authorized to make to any applicant for [construction](/usc/42/7479.md?p=2-C) of sewage [treatment](/usc/42/11851.md?p=11) works in any area in any [State](/usc/42/7602.md?p=d) may be withheld, conditioned, or restricted by the [Administrator](/usc/42/7602.md?p=a) on the basis of any requirement of this chapter except as provided in [subsection (b)](#b). - (b) **Withholding, conditioning, or restriction of construction grants—** The [Administrator](/usc/42/7602.md?p=a) may withhold, condition, or restrict the making of any grant for [construction](/usc/42/7479.md?p=2-C) referred to in [subsection (a)](#a) only if he determines that— - (1) such [treatment](/usc/42/11851.md?p=11) works will not comply with applicable standards under section [7411](/usc/42/7411.md) or [7412](/usc/42/7412.md) of this title, - (2) the [State](/usc/42/7602.md?p=d) does not have in effect, or is not carrying out, a [State](/usc/42/7602.md?p=d) implementation plan approved by the [Administrator](/usc/42/7602.md?p=a) which expressly quantifies and provides for the increase in emissions of each [air pollutant](/usc/42/7602.md?p=g) (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](/usc/42/11851.md?p=11) capacity which would be created by such [construction](/usc/42/7479.md?p=2-C).[^1] - (3) the [construction](/usc/42/7479.md?p=2-C) of such [treatment](/usc/42/11851.md?p=11) works would create new sewage [treatment](/usc/42/11851.md?p=11) capacity which— - (A) may reasonably be anticipated to cause or contribute to, directly or indirectly, an increase in emissions of any [air pollutant](/usc/42/7602.md?p=g) in excess of the increase provided for under the provisions referred to in [paragraph (2)](#b-2) for any such area, or - (B) would otherwise not be in conformity with the [applicable implementation plan](/usc/42/7602.md?p=q), or - (4) such increase in emissions would interfere with, or be inconsistent with, the [applicable implementation plan](/usc/42/7602.md?p=q) for any other [State](/usc/42/7602.md?p=d). In the case of [construction](/usc/42/7479.md?p=2-C) of a [treatment](/usc/42/11851.md?p=11) works which would result, directly or indirectly, in an increase in emissions of any [air pollutant](/usc/42/7602.md?p=g) 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)](#b-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](/usc/42/4321.md) 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](/usc/42/7479.md?p=2-C) of any sewage [treatment](/usc/42/11851.md?p=11) works. ## Footnotes [^1]: So in original. The period probably should be a comma. ## Source credit (July 14, 1955, ch. 360, title III, § 316, as added Pub. L. 95–95, title III, § 306, Aug. 7, 1977, 91 Stat. 777.) ## Notes ### 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.