[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR35.168]

[Page 430]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents
 
                 Subpart A--Environmental Program Grants
 
Sec. 35.168  Award limitations.

    (a) The Regional Administrator may award section 106 funds to a 
State only if:
    (1) The State monitors and compiles, analyzes, and reports water 
quality data as described in section 106(e)(1) of the Clean Water Act;
    (2) The State has authority comparable to that in section 504 of the 
Clean Water Act and adequate contingency plans to implement such 
authority;
    (3) There is no federally-assumed enforcement as defined in section 
309(a)(2) of the Clean Water Act in effect with respect to the State 
agency;
    (4) The State's work plan shows that the activities to be funded are 
coordinated, as appropriate, with activities proposed for funding under 
sections 205(g) and (j) of the Clean Water Act; and
    (5) The State filed with the Administrator within 120 days after 
October 18, 1972, a summary report of the current status of the State 
pollution control program, including the criteria used by the State in 
determining priority of treatment works.
    (b) The Regional Administrator may award section 106 funds to an 
interstate agency only if:
    (1) The interstate agency filed with the Administrator within 120 
days after October 18, 1972, a summary report of the current status of 
the State pollution control program, including the criteria used by the 
State in determining priority of treatment works.
    (2) There is no federally-assumed enforcement as defined in section 
309(a)(2) of the Clean Water Act in effect with respect to the 
interstate agency.

            Public Water System Supervision (Section 1443(a))