[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR21.6]

[Page 251-252]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 21_SMALL BUSINESS--Table of Contents
 
Sec. 21.6  Exclusions.

    (a) Statements shall not be issued for applications in the following 
areas:
    (1) Local requirements. Applications for statements for additions, 
alterations, or methods of operation that result from requirements 
imposed by municipalities, counties or other forms of local or regional 
authorities and governments, except for areawide management agencies 
designated and approved under section 208 of the Act, shall not be 
approved; except for those requirements resulting from the application 
of pretreatment requirements under section 307(b) of the Act; or those 
resulting from an approved project for facilities plans, and developed 
under section 201 of the Act. (See 35 CFR, subpart E); or under a 
delegation of authority under the Act.
    (2) Cost recovery and user charges. Applications for statements 
involving a request for financial assistance in meeting revenue and 
service charges imposed upon a small business by a municipality 
conforming to regulations governing a user charge or capital cost system 
under section 204(b)(2) of the Act (see 35 CFR 925-11 and 925-12) shall 
not be approved.
    (3) New facility sewer construction. Applications for statements 
involving projects that involve the construction of a lateral, 
collection, or interceptor sewer, at a facility that was not in 
existence on October 18, 1972, shall not be approved. Applications for 
additions, alterations, or methods of operation for new facilities that 
do not involve sewer construction are not affected by this preclusion. 
Further, if an applicant is compelled to move as a result of a 
relocation requirement but operated at the facility prior to October 18, 
1972, the cost of construction for a lateral, collection, or interceptor 
sewer can be approved for the new, relocated site. For the purpose of 
this exclusion lateral, collection, or interceptor sewer is determined 
as any sewer transporting waste from a facility or site to any publicly 
owned sewer.
    (4) Other non-water related pollution abatement additions, 
alterations, or methods of operation which are not integral to meeting 
the requirements of the Act, although they may be achieving the 
requirements of another Federal or State law or regulation.

    Comment: An example would be where stack emission controls were 
required on equipment that operated the water pollution

[[Page 252]]

control facility. This emission control equipment as an integral part of 
the water pollution control systems would be approvable. However, 
emission control equipment for a general purpose incinerator that only 
incidentally burned sewage sludge would not be approvable. The general 
purpose incinerator might also receive loan assistance but under 
separate procedures than those set out for water pollution control.

    (5) Privately owned treatment facility service or user costs. 
Applications for statements involving financial assistance in meeting 
user cost or fee schedules related to participating in a privately owned 
treatment facility not under the ownership or control of the applicant 
shall not be approved.
    (6) Operation and maintenance charges. Applications for statements 
containing a request for financial assistance in meeting the operations 
and maintenance costs of operating the applicant's additions, 
alterations, or methods of operation shall not be approved for any 
elements relating to such areas of cost.
    (7) Evidence of financial responsibility. Applications for 
statements containing a request for financial assistance in meeting any 
requirements relating to evidence of financial responsibility as 
provided in section 311(p) of the Act shall not be approved.