12 



pollution control agencies in an amount up to two- 

 thirds of the cost of planning, developing, establish- 

 ing, or improving, and up to one-half of the cost of 

 maintaining, programs for the prevention and con- 

 trol of air pollution or implementation of national 

 primary and seconadry ambient air quality 

 standards. 



(B) Subject to subparagraph (C), the Administra- 

 tor may make grants to air pollution control agen- 

 cies within the meaning of paragraph (1), (2), or 

 (4) of section 1857h(b) of this title in an amount up 

 to three-fourths of the cost of planning, developing, 

 establishing, or improving, and up to three-fifths of 

 the cost of maintaining, any program for the pre- 

 vention and control of air pollution or implementa- 

 tion of national primary and secondary ambient air 

 quality standards in an area that includes two or 

 more municiplities, whether in the same or different 

 States. 



(C) With respect to any air quality control region 

 or portion thereof for which there is an applicable 

 implementation plan under section 1857c-5 of this 

 title, grants under subparagraph (B) may be made 

 only to air pollution control agencies which have 

 substantial responsibilities for carrying out such ap- 

 plicable implementation plan, 



(2) Before approving any grant under this sub- 

 section to any air pollution control agency within the 

 meaning of sections 1857h(b) (2) and 1857h(b) (4) of 

 this title, the Administrator shall receive assurances 

 that such agency provides for adequate representa- 

 tion of appropriate State, interstate, local, and (when 

 appropriate) international, Interests In the air 

 quality control region. 



(3) Before approving any planning grant under 

 this subsection to any air pollution control agency 

 within the meaning of sections 1857h(b) (2) and 

 1857h(b)(4) of this title, the Administrator shall 

 receive assurances that such agency has the capa- 

 bility of developing a comprehensive air quality plan 

 for the air quality control region, which plan shall 

 include (when appropriate) a recommended system 

 of alerts to avert and reduce the risk of situations In 

 which there may be imminent and serious danger to 

 the public health or welfare from air pollutants and 

 the various aspects relevant to the establishment of 

 air quality standards for such air quality control 

 region, including the concentration of industries, 

 other commercial establishments, population and 

 naturally occurring factors which shall affect such 

 standards. 



(b) Terms and conditions; regulations; factors for 

 consideration; expenditure and consultation re- 

 quirements^ 



From the sums available for the purposes of sub- 

 section (a) of this section for any fiscal year, the 

 Administrator shall from time to time make grants 

 to air pollution control agencies upon such terms 

 and conditions as the Administrator may find nec- 

 essary to carry out the purpose of this section. In 

 establishing regulations for the granting of such 



funds the Administrator shall, so far as practicable, 

 give due consideration to (1) the population, (2) 

 the extent of the actual or potential air pollution 

 problem, and (3) the financial need of the respective 

 agencies. No agency shall receive any grant under 

 this section during any fiscal year when its expendi- 

 tures of non-Federal funds for other than non- 

 recurrent expenditures for air pollution control pro- 

 grams will be less than its expenditures were for 

 such programs during the preceding fiscal year; and 

 no agency shall receive any grant under this section 

 with respect to the maintenance of a program for 

 the prevention and control of air pollution unless 

 the Administrator is satisfied that such grant will 

 be so used as to supplement and, to the extent prac- 

 ticable. Increase the level of State, local, or other 

 non-Federal funds that would in the absence of such 

 grant be made available for the maintenance of 

 such program, and will in no event supplant such 

 State, local, or other non-Federal funds. No grant 

 shall be made under this section until the Adminis- 

 trator has consulted with the appropriate official as 

 designated by the Governor or Governors of the 

 State or States affected. 



(c) State expenditure limitation. 



Not more than 10 per centum of the total of funds 

 appropriated or allocated for the purposes of subsec- 

 tion (a) of this section shall be granted for air pol- 

 lution control programs in any one State. In the 

 case of a grant for a program in an area crossing 

 State boundaries, the Administrator shall determine 

 the portion of such grant that is chargeable to the 

 percentage limitation under this subsection for each 

 State into which such area extends. 



(d) Reduction of payments; availability of reduced 

 amounts; reduced amount as deemed paid to 

 agency for purpose of determining amount of 

 grant. 



The Administrator, with the concurrence of any 

 recipient of a grant under this section, may reduce 

 the payments to such recipient by the amount of 

 the pay. allowances, traveling expenses, and any 

 other costs in connection with the detail of any offi- 

 cer or employee to the recipient under section 1857g 

 of this title, when such detail is for the convenience 

 of. and at the request of. such recipient and for the 

 purpose of carrying out the provisions of this chap- 

 ter. The amount by which such payments have been 

 reduced shall be available for payment of such costs 

 by the Administrator, but shall, for the purpose of 

 determining the amount of any grant to a recipient 

 under subsection (a) of this section, be deemed to 

 have been paid to such agency. (July 14, 1955. ch. 

 360. title I. § 105, formerly § 4. as added Dec. 17. 1963. 

 Pub. L. 88-206. § 1. 77 Stat. 395. amended and 

 renumbered § 104. Oct. 20. 1965, Pub. L. 89-272. title 

 I. § 101(2)— (4). 79 Stat. 992; Oct. 15. 1966. Pub. L. 

 89-675. § 3. 80 Stat. 954. amended and renumbered 

 § 105. Nov. 21. 1967. Pub. L. 90-148. § 2. 81 Stat. 489; 

 Dec. 31. 1970. Pub. L. 91-604. §§ 3(a), (b) (1). 15(c) 

 (2). 84 Stat. 1677. 1713.) 



Amendments 



1970 — Subeec. (a) (1). Pub. L. 91-«04. { 3 ( a) . substituted 

 provisions authorizing the Administrator to make grants. 



