# 40 CFR § 35.2032: Innovative and alternative technologies

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2032

## Section

- **Citation:** 40 CFR § 35.2032
- **Heading:** Innovative and alternative technologies
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** 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

## Text

(a) Funding for innovative and alternative technologies. Projects or portions of projects using unit processes or techniques which the Regional Administrator determines to be innovative or alternative technology shall receive increased grants under § 35.2152.
(1) Only funds from the reserve in § 35.2020(c) shall be used to increase these grants.
(2) If the project is an alternative to conventional treatment works for a small community, funds from the reserve in § 35.2020(b) may be used for the 75 percent portion, or any lower Federal share of the grant as determined under § 35.2152.
(b) Cost-effectiveness preference. The Regional Administrator may award grant assistance for a treatment works or portion of a treatment works using innovative or alternative technologies if the total present worth cost of the treatment works for which the grant is to be made does not exceed the total present worth cost of the most cost-effective alternative by more than 15 percent.
(1) Privately-owned individual systems (§ 35.2034) are not eligible for this preference.
(2) If the present worth costs of the innovative or alternative unit processes are 50 percent or less of the present worth cost of the treatment works, the cost-effectiveness preference applies only to the innovative or alternative components.
(c) Modification or replacement of innovative and alternative projects. The Regional Administrator may award grant assistance to fund 100 percent of the allowable costs of the modification or replacement of any project funded with increased grant funding in accordance with paragraph (a) of this section if he determines that:
(1) The innovative or alternative elements of the project have caused the project or significant elements of the complete waste treatment system of which the project is a part to fail to meet project performance standards;
(2) The failure has significantly increased operation and maintenance expenditures for the project or the complete waste treatment system of which the project is a part; or requires significant additional capital expenditures for corrective action;
(3) The failure has occurred prior to two years after initiation of operation of the project; and
(4) The failure is not attributable to negligence on the part of any person.

## Nearby sections

- [40 CFR § 35.2000 § 35.2000 Purpose and policy.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2000.md)
- [40 CFR § 35.2005 § 35.2005 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2005.md)
- [40 CFR § 35.2010 § 35.2010 Allotment; reallotment.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2010.md)
- [40 CFR § 35.2015 § 35.2015 State priority system and project priority list.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2015.md)
- [40 CFR § 35.2020 § 35.2020 Reserves.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2020.md)
- [40 CFR § 35.2021 § 35.2021 Reallotment of reserves.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2021.md)
- [40 CFR § 35.2023 § 35.2023 Water quality management planning.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2023.md)
- [40 CFR § 35.2024 § 35.2024 Combined sewer overflows.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2024.md)
- [40 CFR § 35.2025 § 35.2025 Allowance and advance of allowance.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2025.md)
- [40 CFR § 35.2032 § 35.2032 Innovative and alternative technologies.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2032.md)
- [40 CFR § 35.2034 § 35.2034 Privately owned individual systems.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2034.md)
- [40 CFR § 35.2035 § 35.2035 Rotating biological contractor (RBC) replacement grants.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2035.md)
- [40 CFR § 35.2036 § 35.2036 Design/build project grants.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2036.md)
- [40 CFR § 35.2040 § 35.2040 Grant application.](https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2040.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-35.2032. Check the current official text before relying on it. Not legal advice.