{"data":{"id":"us/40-cfr-35.2108","jurisdiction":"us","citation":"40 CFR 35.2108","heading":"Phased or segmented treatment works.","body":"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:\n(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\n(b) Except in the case of a grant solely for the acquisition of eligible real property, one or more of the following conditions exist:\n(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;\n(2) The period to complete the building of the treatment works will cover three years or more;\n(3) The treatment works must be phased or segmented to meet the requirements of a Federal or State court order; or\n(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.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER B—GRANTS AND OTHER FEDERAL ASSISTANCE","PART 35—STATE AND LOCAL ASSISTANCE","Subpart I—Grants for Construction of Treatment Works"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"5495793d8fc10d3a6bc9d4fd76bfe9a3ac3a51257bf50cc19afec135b5d0ec84","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-35.2107","next":"us/40-cfr-35.2109"},"notice":"GroundRules: Original legal text. Not legal advice."}