StacksVerified U.S. regulatory reference

40 CFR §35.2108

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Grant funding may be awarded for a phase or segment of a treatment works, subject to the limitations of § 35.2123, although that phase or segment does not result in compliance with the enforceable requirements of the Act, provided:
  1. (a)The grant agreement requires the recipient to make the treatment works of which the phase or segment is a part operational and comply with the enforceable requirements of the Act according to a schedule specified in the grant agreement regardless of whether grant funding is available for the remaining phases and segments; and
  2. (b)Except in the case of a grant solely for the acquisition of eligible real property, one or more of the following conditions exist:
    1. (1)The Federal share of the cost of building the treatment works would require a disproportionate share of the State's annual allotment relative to other needs or would require a major portion of the State's annual allotment;
    2. (2)The period to complete the building of the treatment works will cover three years or more;
    3. (3)The treatment works must be phased or segmented to meet the requirements of a Federal or State court order; or
    4. (4)The treatment works is being phased or segmented to build only the less-than-secondary facility pending a final decision on the applicant's request for a secondary treatment requirement waiver under section 301(h) of the Act.