Title 40--PROTECTION OF ENVIRONMENT
Chapter I--ENVIRONMENTAL PROTECTION AGENCY


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1.1] [Page 5] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION--Table of Contents Subpart A--Introduction Sec. 1.1 Creation and authority. Reorganization Plan 3 of 1970, established the U.S. Environmental Protection Agency (EPA) in the Executive branch as an independent Agency, effective December 2, 1970. ...


effective governmental action to assure the protection of the environment by abating and controlling pollution on a systematic basis. Reorganization Plan 3 of...


basic organization consists of Headquarters and 10 Regional Offices. EPA Headquarters in Washington, DC maintains overall planning, coordination and control of EPA...


The mailing address is 1200 Pennsylvania Ave., NW., Washington, DC 20460. (b) The addresss of (and States served by) the EPA Regional Offices (see Sec....


Administrator; (b) Two Associate Administrators and four staff offices which advise the Administrator on cross-cutting Agency headquarters and regional issues and...


an Administrator who is appointed by the President, by and with the consent of the Senate. The Administrator is responsible to the President for providing overall supervision...


Judges, under the supervision of the Chief Administrative Law Judge, is responsible for presiding over and conducting formal hearings, and issuance of...


Office of International Activities, under the supervision of an Associate Administrator, provides direction to and supervision of the activities, programs, and...


for audits and investigations relating to EPA programs and operations. The Office provides leadership and coordination and recommends policies for other...


the General Counsel who serves as the primary legal adviser to the Administrator. The office provides legal services to all organizational elements of the Agency...


Resources Management is under the supervision of the Assistance Administrator for Administration and Resources Management who provides services to all of the programs...


Compliance Monitoring, under the supervision of the Assistant Administrator for Enforcement and Compliance Monitoring, serves as the principal adviser to the Administrator...


Federal Activities is headed by a Director who reports to the Assistant Administrator for External Affairs and supervises all the functions of the Office. The Director acts...


Policy, Planning and Evaluation services as principal adviser to the Administrator on Agency policy and planning issues and as such is responsible for supervision and...


of the Assistant Administrator for Air and Radiation who serves as principal adviser to the Administrator in matters pertaining to air and radiation programs, and...


as the principal adviser to the Administrator in matters pertaining to assessment and regulation of pesticides and toxic substances and is responsible for managing...


under the supervision of the Assistant Administrator for Research and Development who serves as the principal science adviser to the Administrator, and is responsible for...


Emergency Response (OSWER), under the supervision of the Assistant Administrator for Solid Waste and Emergency Response, provides Agencywide policy, guidance, and direction for...


for Water who serves as the principal adviser to the Administrator in matters pertaining to water programs, is responsible for management of EPA's water...


within the boundaries of their Regions, for the execution of the Regional Programs of the Agency and such other responsibilities as may be assigned. They serve as...


FR 67307, Nov. 5, 2002, unless otherwise noted. (a) This subpart contains the rules that the Environmental Protection Agency (EPA or Agency) follows in processing...


(a) You may request records by writing to the Records, FOIA, and Privacy Branch, Office of Environmental Information, Environmental Protection Agency, 1200 Pennsylvania...


(a) How made and addressed. You may make a request for EPA records that are not publicly available under Sec. 2.201(a)-(b) by writing directly to the appropriate FOI Officer, as...


(a) In general. Except as stated in paragraphs (c), (d), (e), and (f) of this section, the EPA office that has possession of that record is the office responsible...


(a) Unless the Agency and the requester have agreed otherwise, or when unusual circumstances exist as provided in paragraph (e) of this section, EPA offices will respond to...


5 U.S.C. 552(b), establishes the following nine categories of information which are exempt from the mandatory disclosure requirements of 5 U.S.C. 552(a): ...


Officer shall preserve all correspondence pertaining to the FOIA requests that it receives until disposition or destruction is authorized by title 44 of the United States Code or...


charge for processing requests under the FOIA in accordance with paragraph (c) of this section, except where fees are limited under paragraph (d) of this section or where...


this subpart shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under...


corporation, association, or other public or private organization or legal entity, including Federal, State or local governmental bodies and agencies and...


of information. (a) Sections 2.201 through 2.215 establish basic rules governing business confidentiality claims, the handling by EPA of business information which is...


effect of failure to assert claim at time of submission. (a) Notice to be included in certain requests and demands for information, and in...


to be used by EPA offices in making initial determinations of whether business information is entitled to confidential treatment for reasons of business...


The appropriate EPA legal office (see paragraph (i) of this section) is responsible for making the final administrative determination of whether or not business...


issued by an EPA legal office if-- (1) EPA has requested or demanded that a business furnish business information to EPA; (2) The business asserts that...


this section if he finds that-- (1) EPA possesses, or is obtaining, related items of business information; (2) One or more characteristics common to all such items...


2.204 through 2.207 shall hold that business information is entitled to confidential treatment for the benefit of a particular business if-- (a) The business has asserted...


not available to the public may nonetheless be disclosed to the persons, and in the circumstances, described by paragraphs (b) through (g) of this section. (This section...


statute. (a) Information which is not entitled to confidential treatment under this subpart shall be made available to the public (using the procedures set forth...


employee may disclose, or use for his or her private gain or advantage, any business information which came into his or her possession, or to which he or she gained access,...


by order, may establish one or more mutually exclusive categories of business information, [[Page 48]] and may designate for each such category an EPA...


designate a person or office as the proper addressee of communications from EPA to the business under this subpart may do so by furnishing in writing to the Headquarters...


In making final confidentiality determinations under this subpart, the [[Page 49]] EPA legal office relies to a large extent upon the information furnished by...


into any agreement with any affected business to keep business information confidential unless such agreement is consistent with this subpart. No EPA officer,...


For the purpose of this section: (1) Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. (2)(i) Emission data means, with reference to any source of...


For the purposes of this section: (1) Act means the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. (2)(i) Effluent data means, with reference to any...


(a) Definitions. For the purposes of this section: (1) Act means the Noise Control Act of 1972, 42 U.S.C. 4901 et seq. (2) Manufacturer has the meaning given it in 42...


(a) Definitions. For the purposes of this section: (1) Act means the Safe Drinking Water Act, 42 U.S.C. 300f et seq. [[Page 57]] (2) Contaminant means...


(a) Definitions. For purposes of this section: (1) Act means the Solid Waste Disposal Act, as amended, including amendments made by the Resource Conservation...


(a) Definitions. For the purposes of this section: (1) Act means the Toxic Substances Control Act, 15 U.S.C. 2601 et seq. (2) Chemical substance has the meaning...


Rodenticide Act. (a) Definitions. For the purposes of this section; (1) Act means the Federal Insecticide, Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136...


(a) Definitions. For the purposes of this section: (1) Act means the Federal Food, Drug and Cosmetic Act, as amended, 21 U.S.C. 301 et seq. (2) Petition...


of 1972. (a) Definitions. For the purposes of this section: (1) Act means the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. 1401...


and Liability Act of 1980, as amended. (a) Definitions. For purposes of this section: (1) Act means the Comprehensive...


Act. (a) Definitions. For the purposes of this section: (1) Act means the Motor Vehicle Information and Cost Savings Act, as amended, 15 U.S.C. 1901 et...


Authority: 5 U.S.C. 301; Reorganization Plan No. 3 of 1970, 5 U.S.C. App.; 33 U.S.C. 361(a); 42 U.S.C. 300j-9; 42 U.S.C. 6911a, 42 U.S.C. 7601(a). Source: 50...


testimony and production of documents. (a) With the approval of the cognizant Assistant Administrator, Office Director, Staff Office Director or Regional Administrator or...


is requested. A request for testimony by an EPA employee under Sec. 2.402(b) must be in writing and must state the nature of the requested testimony and...


subpoenaed. (a) Copies of subpoenas must immediately be sent to the General Counsel or his designee with the recommendations of the employee's supervisors. The...


Subpoenas duces tecum for documents or other materials are treated the same as subpoenas for testimony. Unless the General Counsel or his designee, in consultation with...


of EPA documents. Requests for authenticated copies of EPA documents for purposes of admissibility under 28 U.S.C. 1733 and Rule 44 of the Federal Rules of...


1989, regulations and procedures for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646, 84 Stat. 1894, 42...


The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904 and 906 of...


As used in these Title IX regulations, the term: Administratively separate unit means a school, department, or college of an educational institution (other than a...


action and self-evaluation. (a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in...


(a) General. Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance or awards of...


If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates any education...


(a) Effect of other Federal provisions. The obligations imposed by these Title IX regulations are independent of, and do not alter, obligations not...


The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation or profession...


and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate...


policy. (a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students and...


Except as provided in Secs. 5.205 through 5.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated by such...


other entities controlled by religious organizations. (a) Exemption. These Title IX regulations do not apply to any operation of an educational institution or...


educational institutions. These Title IX regulations do not apply to an educational institution whose primary purpose is the training of individuals for a...


certain organizations. (a) Social fraternities and sororities. These Title IX regulations do not apply to the membership practices of social fraternities...


(a) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations. (b) Administratively separate units. For the purposes only...


to submit transition plans. (a) Application. This section applies to each educational institution to which Secs. 5.300 through 5.310 apply that: (1)...


(a) Submission of plans. An institution to which Sec. 5.225 applies and that is composed of more than one administratively separate unit may submit either a...


(a) This section, which applies to all provisions of these Title IX regulations, addresses statutory amendments to Title IX. (b) These Title IX regulations shall...


Recruitment Prohibited Sec. 5.300 Admission. (a) General. No person shall, on the basis of sex, be denied admission, or be subjected to discrimination...


Recruitment Prohibited Sec. 5.305 Preference in admission. A recipient to which Secs. 5.300 through 5.310 apply shall not give preference to applicants...


Recruitment Prohibited Sec. 5.310 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which Secs. 5.300 through 5.310 apply shall not...


Activities Prohibited Sec. 5.400 Education programs or activities. (a) General. Except as provided elsewhere in these Title IX regulations,...


Activities Prohibited Sec. 5.405 Housing. (a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations,...


Activities Prohibited Sec. 5.410 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis of...


Activities Prohibited Sec. 5.415 Access to course offerings. (a) A recipient shall not provide any course or otherwise carry out any of its...


Activities Prohibited Sec. 5.420 Access to schools operated by LEAs. A recipient that is a local educational agency shall not, on the basis of...


Activities Prohibited Sec. 5.425 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate against...


Activities Prohibited Sec. 5.430 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section, in...


Activities Prohibited Sec. 5.435 Employment assistance to students. (a) Assistance by recipient in making available outside employment. A recipient...


Activities Prohibited Sec. 5.440 Health and insurance benefits and services. Subject to Sec. 5.235(d), in providing a medical, hospital, accident, or...


Activities Prohibited Sec. 5.445 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning a student's...


Activities Prohibited Sec. 5.450 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in, be denied the...


Activities Prohibited Sec. 5.455 Textbooks and curricular material. Nothing in these Title IX regulations shall be interpreted as requiring or...


Programs or Activities Prohibited Sec. 5.500 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded from participation in,...


Programs or Activities Prohibited Sec. 5.505 Employment criteria. A recipient shall not administer or operate any test or other criterion for any...


Programs or Activities Prohibited Sec. 5.510 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the basis...


Programs or Activities Prohibited Sec. 5.515 Compensation. A recipient shall not make or enforce any policy or practice that, on the basis of sex: ...


Programs or Activities Prohibited Sec. 5.520 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or...


Programs or Activities Prohibited Sec. 5.525 Fringe benefits. (a) ``Fringe benefits'' defined. For purposes of these Title IX regulations, fringe...


Programs or Activities Prohibited Sec. 5.530 Marital or parental status. (a) General. A recipient shall not apply any policy or take any...


Programs or Activities Prohibited Sec. 5.535 Effect of state or local law or other requirements. (a) Prohibitory requirements. The obligation to comply...


Programs or Activities Prohibited Sec. 5.540 Advertising. A recipient shall not in any advertising related to employment indicate preference,...


Programs or Activities Prohibited Sec. 5.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to the...


Programs or Activities Prohibited Sec. 5.550 Sex as a bona fide occupational qualification. A recipient may take action otherwise prohibited by Secs....


Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register a notice of...


The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title VI'') are hereby adopted...


policy. (a) The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., as implemented by Executive Orders 11514 and 11991 and the Council...


(a) Terminology. All terminology used in this part will be consistent with the terms as defined in 40 CFR part 1508 (the CEQ Regulations). Any qualifications...


Applicability. (a) Administrative actions covered. This part applies to the activities of EPA in accordance with the outline of the subparts set forth below. Each...


Responsibilities. (a) General responsibilities. (1) The responsible official's duties include: (i) Requiring applicants, contractors, and grantees to...


of private parties. As required by 40 CFR 1501.2(d) and Sec. 6.103(a)(3)(v) of this regulation, responsible officials must ensure early involvement of...


Synopsis of environmental review procedures. (a) Responsible official. The responsible official shall utilize a systematic, interdisciplinary approach to integrate natural...


(a) General. The Assistant Administrator, OEA, is authorized to approve deviations from these regulations. Deviation approvals shall be made in writing by...


Categorical exclusions. (a) General. Categories of actions which do not individually, cumulatively over time, or in conjunction with other Federal, State, local, or...


initiating an EIS. The responsible official shall assure that an EIS will be prepared and issued for actions under subparts E, G, H, and I when it is...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR6.200] [Page 94] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 6--PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON ENVIRONMENTAL QUALITY ON THE NATIONAL ENVIRONMENTAL POLICY ACT--Table of Contents Subpart B--Content of EISs Sec. 6.200 The environmental impact statement. Preparers of EISs must conform with the requirements of 40 CFR part 1502 in writing EISs. ...


Format. The format used for EISs shall encourage good analysis and clear presentation of alternatives, including the proposed action, and their environmental, economic...


Executive summary. The executive summary shall describe in sufficient detail (10-15 pages) the critical facets of the EIS so that the reader can become familiar with...


Body of EISs. (a) Purpose and need. The EIS shall clearly specify the underlying purpose and need to which EPA is responding. If the action is a request for a permit or...


Incorporation by reference. In addition to 40 CFR 1502.21, material incorporated into an EIS by reference shall be organized to the extent possible into a...


List of preparers. When the EIS is prepared by contract, either under direct contract to EPA or through an applicant's or grantee's contractor, the responsible official...


Requirements Sec. 6.300 General. Various Federal laws and executive orders address specific environmental concerns....


Requirements Sec. 6.301 Landmarks, historical, and archeological sites. EPA is subject to the requirements of the Historic Sites...


Requirements Sec. 6.302 Wetlands, floodplains, important farmlands, coastal zones, wild and scenic rivers, fish and wildlife, and...


Requirements Sec. 6.303 Air quality. (a) The Clean Air Act, as amended in 1990, 42 U.S.C. 7476(c), requires Federal actions...


6.400 Public involvement. (a) General. EPA shall make diligent efforts to involve the public in the environmental review process consistent with...


6.401 Official filing requirements. (a) General. OEA is responsible for the conduct of the official filing system for EISs. This system was established as a...


6.402 Availability of documents. (a) General. The responsible official will ensure sufficient copies of the EIS are distributed to interested and affected members of...


6.403 The commenting process. (a) Inviting comments. After preparing a draft EIS and before preparing a final EIS, the responsible official shall obtain...


6.404 Supplements. (a) General. The responsible official shall consider preparing supplements to draft and final EISs in accordance with 40 CFR 1502.9(c)....


Construction Grants Program Sec. 6.500 Purpose. Source: 50 FR 26317, June 25, 1985, unless otherwise noted. This...


Construction Grants Program Sec. 6.501 Definitions. (a) Step 1 facilities planning means preparation of a plan for...


Construction Grants Program Sec. 6.502 Applicability and limitations. (a) Applicability. This subpart applies to the following actions: ...


Construction Grants Program Sec. 6.503 Overview of the environmental review process. The process for conducting an environmental review...


Construction Grants Program Sec. 6.504 Consultation during the facilities planning process. (a) General. Consistent with 40 CFR 1501.2...


Construction Grants Program Sec. 6.505 Categorical exclusions. (a) General. At the request of an existing Step 1 facilities...


Construction Grants Program Sec. 6.506 Environmental review process. (a) Review of completed facilities plans. The responsible...


Construction Grants Program Sec. 6.507 Partitioning the environmental review process. (a) Purpose. Under certain circumstances the...


Construction Grants Program Sec. 6.508 Finding of No Significant Impact (FNSI) determination. (a) Criteria for producing and distributing...


Construction Grants Program Sec. 6.509 Criteria for initiating Environmental Impact Statements (EIS). (a) Conditions requiring EISs. (1)...


Construction Grants Program Sec. 6.510 Environmental Impact Statement (EIS) preparation. (a) Steps in preparing EISs. In addition to...


Construction Grants Program Sec. 6.511 Record of Decision (ROD) for EISs and identification of mitigation measures. (a) Record of...


Construction Grants Program Sec. 6.512 Monitoring for compliance. (a) General. The responsible official shall ensure adequate monitoring...


Construction Grants Program Sec. 6.513 Public participation. (a) General. Consistent with public participation regulations in part 25...


Construction Grants Program Sec. 6.514 Delegation to States. (a) General. Authority delegated to the State under section 205(g) of the...


Program Sec. 6.600 Purpose. (a) General. This subpart provides procedures for carrying out the environmental review...


Program Sec. 6.601 Definitions. (a) The term administrative action for the sake of this subpart means the issuance by EPA...


Program Sec. 6.602 Applicability. (a) General. The procedures set forth under subparts A, B, C and D, and this subpart shall...


Program Sec. 6.603 Limitations on actions during environmental review process. The processing and review of an applicant's NPDES...


Program Sec. 6.604 Environmental review process. (a) New source. If EPA's initial determination under Sec. 6.602(b) is...


Program Sec. 6.605 Criteria for preparing EISs. (a) General guidelines. (1) When determining the significance of a...


Program Sec. 6.606 Record of decision. (a) General. At the time of permit award, the responsible official shall prepare a...


Program Sec. 6.607 Monitoring. In accordance with 40 CFR 1505.3 and pursuant to 40 CFR 122.66(c) and 122.10 the...


Development Projects Sec. 6.700 Purpose. Source: 56 FR 20543, May 6, 1991, unless otherwise noted. (a) This...


Development Projects Sec. 6.701 Definition. The term appropriate program official means the official at each decision level within...


Development Projects Sec. 6.702 Applicability. The requirements of this subpart apply to administrative actions undertaken to...


Development Projects Sec. 6.703 General. (a) Environmental information. (1) For intramural research projects, information necessary...


Development Projects Sec. 6.704 Categorical exclusions. (a) At the beginning of the environmental review process (see Figure 1),...


Development Projects Sec. 6.705 Environmental assessment and finding of no significant impact. (a) When a project does not meet any of...


Development Projects Sec. 6.706 Environmental impact statement. (a) Criteria for preparation. In performing the...


Projects Sec. 6.800 Purpose. This subpart amplifies the procedures described in subparts A through D by providing...


Projects Sec. 6.801 Applicability. The requirements of this subpart apply to solid waste demonstration projects for...


Projects Sec. 6.802 Criteria for preparing EISs. The responsible official shall assure that an EIS will be prepared when it...


Projects Sec. 6.803 Environmental review process. (a) Environmental information. (1) Environmental information documents...


Projects Sec. 6.804 Record of decision. The responsible official shall prepare a record of decision in any case where final...


Activities Sec. 6.900 Purpose. This subpart amplifies the general requirements described in subparts A through D by...


Activities Sec. 6.901 Definitions. (a) The term special purpose facility means a building or space, including land incidental...


Activities Sec. 6.902 Applicability. (a) Actions covered. These procedures apply to all new special purpose facility...


Activities Sec. 6.903 Criteria for preparing EISs. (a) Preliminary information. The responsible official shall request...


Activities Sec. 6.904 Environmental review process. (a) Environmental review. (1) An environmental review shall be...


Activities Sec. 6.905 Record of decision. At the time of contract award, the responsible official shall prepare a record of...


6.1001 Purpose and policy. Authority: Executive Order 12114, 42 U.S.C. 4321, note. Source: 46 FR 3364, Jan. 14, 1981, unless...


Sec. 6.1002 Applicability. (a) Administrative actions requiring environmental review. The environmental review requirements apply to the activities of EPA as...


6.1003 Definitions. As used in this subpart, environment means the natural and physical environment and excludes social, economic and other environments;...


Sec. 6.1004 Environmental review and assessment requirements. (a) Research and demonstration projects. The appropriate Assistant Administrator is responsible...


6.1005 Lead or cooperating agency. (a) Lead Agency. Section 3-3 of Executive Order 12114 requires the creation of a lead agency whenever an action involves...


6.1006 Exemptions and considerations. Under section 2-5 (b) and (c) of the Executive Order, Federal agencies may provide for modifications in the...


Sec. 6.1007 Implementation. (a) Oversight. OER is responsible for overseeing the implementation of these procedures and shall consult with OIA...


This part implements: Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; and section 13 of the Federal Water...


applies to all applicants for, and recipients of, EPA assistance in the operation of programs or activities receiving such assistance beginning February 13, 1984. New...


(a) The EPA Office of Civil Rights (OCR) is responsible for developing and administering EPA's compliance programs under the Acts. (b) EPA's Project Officers will, to the...


in this part: Administrator means the Administrator of EPA. It includes any other agency official authorized to act on his or her behalf, unless explicity...


or Sex Sec. 7.30 General prohibition. No person shall be excluded from participation in, be denied the benefits of, or be subjected to...


or Sex Sec. 7.35 Specific prohibitions. (a) As to any program or activity receiving EPA assistance, a recipient shall not directly or through...


No qualified handicapped person shall solely on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected...


against discrimination. (a) A recipient, in providing any aid, benefit or service under any program or activity receiving EPA assistance shall not, on the basis...


programs. Recipients shall not deny a qualified handicapped person an opportunity equal to that afforded others to participate in or benefit from the aid,...


requirements relating to employment. (a) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program...


(a) General. A recipient shall operate each program or activity receiving EPA assistance so that such program or activity, when viewed in its entirety, is...


(a) General. New facilities shall be designed and constructed to be readily accessible to and usable by handicapped persons. Alterations to existing facilities shall,...


If structural changes to facilities are necessary to make the program accessible to handicapped persons, a recipient must prepare a transition plan. ...


(a) Assurances--(1) General. Applicants for EPA assistance shall submit an assurance with their applications stating that, with respect to their programs or...


(a) Compliance information. Each recipient shall collect, maintain, and on request of the OCR, provide the following information to show compliance with this part: ...


(a) Requirements. Each recipient shall adopt grievance procedures that assure the prompt and fair resolution of complaints which allege violation of this part. ...


(a) Requirements. A recipient shall provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, or...


retaliation prohibited. No applicant, recipient, nor other person shall intimidate, threaten, coerce, or discriminate against any individual or group, either: ...


EPA's Administrator, Director of the Office of Civil Rights, Project Officers and other responsible officials shall seek the cooperation of applicants and recipients...


(a) Review of compliance information. Within EPA's application processing period, the OCR will determine whether the applicant is in compliance with this part and...


(a) Periodic review. The OCR may periodically conduct compliance reviews of any recipient's programs or activities receiving EPA assistance, including the request of data...


The OCR shall promptly investigate all complaints filed under this section unless the complainant and the party complained against agree to a delay pending...


If, in the conduct of a compliance review or an investigation, it becomes evident that another agency has jurisdiction over the subject matter, OCR will...


EPA to obtain compliance. (a) General. If compliance with this part cannot be assured by informal means, EPA may terminate or refuse to award or to continue...


(a) Requirements. An applicant or recipient whose assistance has been denied, annulled, terminated, or suspended under this part regains eligibility...


1996. As provided in that Act, this part implements the requirements of Article 8 and Annex I to the Protocol on Environmental Protection to the Antarctic Treaty of 1959 and...


nongovernmental activities undertaken in Antarctica are appropriately identified and considered by the operator during the planning process and that to the extent...


Science, Tourism, and Conservation Act of 1996. Annex I refers to Annex I, Environmental Impact Assessment, of the Protocol. Antarctic environment means...


the information required pursuant to other sections of this part, all environmental documents shall contain the following: (1) The name, mailing address, and phone number of...


for review. The EPA, in consultation with other interested federal agencies, will carry out a review to determine if the submitted environmental documentation meets...


operator shall conduct a preliminary environmental review that assesses the potential direct and reasonably foreseeable indirect impacts on the Antarctic environment of...


Sec. 8.6 which meets the environmental documentation requirements under Article 8 and Annex I to the Protocol and the provisions of this part or a CEE is being prepared,...


and determined to meet the environmental documentation requirements of this part, the operator shall prepare a [[Page 144]] CEE. A CEE shall contain...


key environmental indicators as proposed in the CEE to assess and verify the potential environmental impacts of activities which are the subject of a CEE. The operator may...


the safety of human life or of ships, aircraft, equipment and facilities of high value, or the protection of the environment, which require an activity to be undertaken...


(b) An operator who violates any of this part is subject to enforcement, which may include civil and criminal enforcement proceedings, and penalties, pursuant to...


Department of State shall publish notice in the Federal Register and shall circulate a copy of the CEE to all interested federal agencies. The Department of State shall...


under the Federal Tort Claims Act, as amended, 28 U.S.C. 2671-2680, for money damages against the United States because of damage to or loss of property or...


the regulations in this part, a claim shall be deemed to have been presented when the Environmental Protection Agency receives, at a place designated in paragraph (c) of...


of property may be presented by the owner of the property interest which is the subject of the claim, his duly authorized agent, or his legal representative. (b) A claim...


the claimant may be required to submit the following evidence or information: (1) An authenticated death certificate or other competent evidence showing cause of...


adjusts, determines, compromises and settles all administrative tort claims filed with EPA. In carrying out these functions, the EPA Claims Officer makes such investigations...


in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of...


duly authorized agent shall sign the voucher for payment, Standard Form 1145, before payment is made. (b) When the claimant is represented by an attorney, the voucher...


any award, compromise or settlement made hereunder, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or...


in a claim against the United States may be liable to a fine of not more than $10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287,1001), and,...


compromise or settlement of a claim hereunder in excess of [[Page 171]] $25,000 shall be effected only with the prior written approval of the Attorney General...


the Attorney General's regulations in part 14 of chapter 1 of title 28, CFR, as amended. Those regulations, including subsequent amendments thereto, and the...


national security information. They apply also to information or material designated under the Atomic Energy Act of 1954, as amended, as ``Restricted Data,'' or...


or material in the interest of the national security, it may under certain circumstances downgrade or declassify previously classified material or generate...


Administrator, has the authority to act on all suggestions and [[Page 172]] complaints with respect to EPA's administration of this order. It shall...


category in the interest of the national defense or foreign relations of the United States. (b) Classified material. Any document, apparatus, model, film,...


and destruction of classification information and material will be found in the EPA Security Manual for Safeguarding Classified Material. These...


may be granted to historical researchers or to persons who formerly occupied policymaking positions to which they were appointed by the President: Provided, however, That...


119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to...


conducted by the agency, except for programs or activities conducted outside the United States that do not involve individuals with handicaps in the...


176]] Agency means Environmental Protection Agency. Assistant Attorney General means the Assistant Attorney General, Civil Rights Division,...


1987, begin a nationwide evaluation, of its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part. The agency...


representing employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its...


(a) No qualified individual with handicaps shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination...


on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures...


Except as otherwise provided in Sec. 12.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable by individuals with...


General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals...


Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be...


to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. (1) The agency shall furnish...


paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the agency. (b)...


Agency's (EPA's) collection and disposal of debts. These standards and procedures are applicable to all debts for which a statute, regulation or contract does...


insured or guaranteed by the United States and all other amounts due the United States from fees, grants, contracts, leases, rents, royalties, services, sales of real or...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR13.3] [Page 182] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 13--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart A--General Sec. 13.3 Interagency claims. This regulation does not apply to debts owed EPA by other Federal agencies. Such debts will be resolved by negotiation between the agencies or by referral to the General Accounting Office (GAO). ...


administrative proceedings required by contract, statute, regulation or other Agency procedures, e.g., resolution of audit findings under grants or contracts, informal grant...


activity or misconduct to the EPA Office of Inspector General. That office has the responsibility for investigating or referring the matter, where appropriate, to...


the Agency's authority to compromise, suspend, or terminate a debt. A debtor's liability arising from a particular transaction or contract is a...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR13.7] [Page 183] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 13--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart A--General Sec. 13.7 Omission not a defense. Failure by the Administrator to comply with any provision of this regulation is not available to a debtor as a defense against payment of a debt. ...


arising out of EPA activities and to reduce debt delinquencies. Collection actions may include sending written demands to the debtor's last known address. Written demand may...


written initial notice to the debtor. Unless otherwise provided by agreement, contract or order, the initial notice informs the debtor: (1) Of the amount, nature and...


a timely basis to collect all claims of the United States for money and property arising out of EPA's activities. EPA cooperates with other Federal agencies in their debt...


debts unless prohibited by statute, regulation or contract. (1) Interest begins to accrue on all debts from the date of the initial notice to the debtor. EPA will...


will continue to accrue on a debt during administrative appeal, either formal or informal, and during waiver consideration by the Agency; except, that interest, penalty...


their use is in the best interest of the Government. Where EPA determines that there is a need to contract for collection services it will-- (a) Retain...


(a) EPA provides the following information to the reporting agencies: (1) A statement that the claim is valid and is overdue; (2) The name,...


Internal Revenue Service. (b) Addresses obtained from the Internal Revenue Service will be used by the Agency, its officers, employees, agents or contractors and...


sale or has physical possession of collateral, he may liquidate the security or collateral and apply the proceeds to the overdue debt. EPA will exercise this right where the...


debts for purposes of enforcement or compelling compliance, the Administrator may suspend or revoke licenses or other privileges for any inexcusable, prolonged or...


to the United States, together with interest, penalty and administrative costs, as required by Sec. 13.11, will be collected in a single payment. However, where...


Administrator may periodically compare EPA's costs in handling debts with the amounts it collects, (b) The Administrator may periodically consider the need, feasibility,...


debts by administrative offset under section 5 of the Debt Collection Act of 1982 (31 U.S.C. 3716), other statutory authorities and the common law. It does not apply to...


procedures for recovery of debts owed to the United States by installment collection from the current pay account of an employee. (b) Scope. The provisions of this...


response and decision. (1) Prior to initiating collection action through salary offset, EPA will first provide the employee with the opportunity to pay in full the amount...


has been requested to collect a debt owed by an EPA employee to another Federal agency. (a) Format for the request for recovery. (1) The creditor agency must complete...


interest, penalty and administrative costs, does not exceed $20,000. Where the claim exceeds $20,000, the authority to accept the compromise rests solely with DOJ....


pay a compromised claim in installments. However, where the Administrator determines that payment of a compromise by installments is necessary to effect collection, a...


action will not be withheld against one debtor until the other or others pay their proportionate share. The amount of a compromise with one debtor is not precedent...


will prepare and execute a release on behalf of the United States. The release will include a provision which voids the release if it was procured by fraud, misrepresentation,...


a debt where the outstanding debt principal does not exceed $20,000, the Government cannot presently collect or enforce collection of any significant sum from the debtor,...


on a debt where he determines that the debtor cannot be located presently but that there is a reasonable belief that the debtor can be located in the future. ...


including accrued interest, penalty and administrative costs, where the debt principal does not exceed $20,000. If the [[Page 196]] debt exceeds...


(a) The Government cannot collect or enforce collection of any significant sum from the debtor, having due regard for available judicial remedies, the debtor's ability to...


for litigation all claims on which aggressive collection actions have been taken but which could not be collected, compromised, suspended or terminated. Referrals are made...


This subpart establishes procedures for the Environmental Protection Agency (EPA) to refer past-due debts to the Internal Revenue Service (IRS) for offset against the income...


authorizes the IRS to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. (b) For purposes of this section, a past-due...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR13.36] [Page 197] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 13--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart H--Referral of Debts to IRS for Tax Refund Offset Sec. 13.36 Administrative charges. In accordance with Sec. 13.11, all administrative charges incurred in connection with the referral of a debt to the IRS shall be assessed on the debt and thus increase the amount of the offset. ...


be made only after EPA makes a determination that an amount is owed and past-due and provides the debtor with 60 days written notice. EPA's notice of intention to collect...


Notice of Intent has the right to present evidence that all or part of the debt is not past-due or not legally enforceable. To exercise this right, the debtor must: ...


written decision. (b) If EPA either sustains or amends its determination, it shall notify the debtor of its intent to refer the debt to the IRS for offset against...


right described in Sec. 13.38(a) and timely submits evidence in accordance with Sec. 13.38(b), any notice to the IRS will be stayed until the issuance of a...


The Act allows the Administrator of the U.S. Environmental Protection Agency (EPA) to settle and pay claims of EPA employees for damage to or loss of their personal...


out the provisions of the Act. (b) Claim means a demand for payment by an employee or his/her representative for the value or the repair cost of an item of...


the time of damage or loss, was used by the employee as an incident to government service. An item is incident to service when possession of the item by the employee...


to be allowed, the item must not only have been incident to service, it must also have been reasonable and proper for the employee to possess the item at the time and place...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR14.5] [Page 199] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 14--EMPLOYEE PERSONAL PROPERTY CLAIMS--Table of Contents Sec. 14.5 Who may file a claim. A claim may be filed by an employee or by his/her authorized agent or legal representative. If a claim is otherwise allowable under this part, a claim can be filed by a surviving spouse, child, parent, brother or sister of a deceased employee. ...


years after the claim accrues. The EPA Claims Officer may consider a claim not filed within this period when the claim accrued during a period of armed conflict and...


The employee should complete and submit to the Administrative Office or the Safety Office a completed EPA Form 3370-1, ``Employee Claim for Loss of or Damage to...


an employee (e.g., repair estimates and receipts), interview witnesses, and conduct any further investigation he believes is warranted by the facts of...


determines, compromises and settles all claims filed under this part. The decision of the EPA Claims Officer is final unless reconsideration under Sec. 14.10 is...


was made in the computation of the award or that evidence or material facts were unavailable to the employee at the time of the filing of the claim and the failure to provide...


was reasonable and proper for the employee to possess under the circumstances at the time of the loss or damage. In evaluating whether a claim is allowable, the EPA...


(b) Money or currency, except when deposited with an authorized government agency for safekeeping; (c) Loss or damage to an item of extraordinary value or to an...


of repair or a material fact concerning a claim, he/she may, at his discretion, deny the entire amount claimed for the item. Further, where the EPA Claims Officer determines...


or its value at the time of acquisition, less appropriate depreciation. The amount normally payable for property damaged beyond economical repair is its depreciated...


552a(f). (b) These procedures describe how an individual may request notification of whether EPA maintains a record pertaining to him or her in any of its systems...


given them by 5 U.S.C. 552a (a)(2), (a)(3), (a)(4), (a)(5) and (a)(7), respectively. (b) EPA means the Environmental Protection Agency. (c) Working days means...


system of records maintained by EPA contains any record pertaining to him or her which is retrieved by name or personal identifier, or who wishes to request access to any...


16.3 has asked that EPA authorize a personal inspection of records, and EPA has granted the request, he or she may present himself or herself at the time and place...


receipt of a request, the system manager shall acknowledge the request. Whenever practicable, the acknowledgment will indicate whether or not access will be granted and, if...


which the system manager determines would be harmful to the individual to whom they relate, EPA may refuse to disclose the records directly to the individual and instead...


a system of records maintained by EPA by submitting to the system manager, in writing, the following: (1) The name of the individual making the request; (2) The name of...


correction, the system manager shall acknowledge the request, and promptly either: (1) Make any correction, deletion, or addition which the requester believes should...


is initially denied by EPA and who wishes to appeal may do so by letter to the Privacy Act Officer. The appeal shall contain a description of the initial request...


of records it maintains except pursuant to a written request by, or with the written consent of, the individual to whom the record pertains, unless the disclosure is...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR16.11] [Page 204] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 16--IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents Sec. 16.11 Fees. No fees shall be charged for providing the first copy of a record or any portion to an individual to whom the record pertains. The fee schedule for reproducing other records is the same as that set forth in 40 CFR 2.120. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR16.12] [Page 204] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 16--IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents Sec. 16.12 Penalties. The Act provides, in pertinent part: ``Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.'' (5 U.S.C. 552a(i)(3).) ...


NEIC Criminal Investigative Index and Files--EPA/NEIC/OCI. (b) Authority. Under 5 U.S.C. 552a(j)(2), the head of any agency may by rule exempt any system of records...


EPA-4 OIG Criminal Investigative Index and Files--EPA/OIG. [para] EPA-5 OIG Personnel Security Files--EPA/OIG. [para] EPA-17 NEIC Criminal Investigative...


rules are adopted by EPA pursuant to section 504 of title 5 U.S.C., as added by section 203(a)(1) of the Equal Access to Justice Act, Public Law No. 96-481. Under the Act, an...


(a) The Act means section 504 of title 5 U.S.C., as amended by section 203(a)(1) of the Equal Access to Justice Act, Public Law No. 96- 481. (b) Administrator means...


rules apply to adversary adjudications required by statute to be conducted by EPA under 5 U.S.C. 554. To the extent that they are adversary adjudications, the proceedings conducted...


The Act applies to an adversary adjudication pending before EPA at any time between October 1, 1981 and September 30, 1984. This includes proceedings begun before October 1, 1981...


(a) To be eligible for an award of attorney's fees and other expenses under the Act, the applicant must be a prevailing party in the adversary adjudication for which it seeks an...


may receive an award for fees and expenses incurred in connection with a proceeding unless the position of the EPA as a party to the proceeding was...


(a) The following fees and other expenses are allowable under the Act: (1) Reasonable expenses of expert witnesses; (2) The reasonable cost of any study,...


delegates to the Environmental Appeals Board authority to take final action relating to the Equal Access to Justice Act. The Environmental Appeals Board is described at 40...


(a) An application for award of fees and expenses under the Act shall identify the applicant and the proceeding for which an award is sought. The application shall show...


(a) Each applicant except a qualified tax exempt organization or a qualified cooperative must submit with its application a detailed exhibit showing its net worth at the time...


(a) The application shall be accompanied by full documentation of fees and expenses, including the cost of any study, engineering report, test, or project, for...


(a) An application must be filed no later than 30 days after final disposition of the proceeding. If agency review or reconsideration is sought or taken of a decision...


An application for an award and any other pleading or document related to the application shall be filed and served on all parties to the proceeding in the same...


(a) Within 30 calendar days after service of the application, EPA counsel shall file an answer. (b) If EPA counsel and the applicant believe that they can reach a...


Any party to a proceeding other than the applicant and EPA counsel may file comments on an application within 30 calendar days after it is served or on an answer within...


party and EPA counsel may agree on a proposed settlement of an award before final action on the application, either in connection with a settlement of the underlying...


(a) The Presiding Officer may, on motion and for good cause shown, grant extensions of time, other than for filing an application for fees and expenses,...


The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant...


decision of the Presiding Officer will be reviewed by EPA in accordance with EPA's procedures for the type of substantive...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR17.28] [Page 218] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 17--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS--Table of Contents Subpart C--Procedures for Considering Applications Sec. 17.28 Judicial review. Judicial review of final EPA decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2). ...


An applicant seeking payment of an award shall submit a copy of the final decision granting the award to the Office of Financial Management for Processing. A statement that review of...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR19.1] [Page 218] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 19--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION--Table of Contents Sec. 19.1 Applicability. This part applies to each statutory provision under the laws administered by the Environmental Protection Agency concerning the maximum civil monetary penalty which may be assessed in either civil judicial or administrative proceedings. [[Page 219]] ...


regulations which occur after January 30, 1997; except for violations subject to penalty under 42 U.S.C. 4852d(b)(5) and 42 U.S.C. 4910(a)(2), which are subject to the new...


Table 1. The last column in the table provides the newly effective maximum penalty amounts. Table 1 of Section 19.4--Civil Monetary Penalty...


section 169 of the Internal Revenue Code of 1954, as amended, 26 U.S.C. 169, as to which the amortization period began after December 31, 1975. Certification of air or...


pollution control facilities, the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) or, when used in connection with air pollution control facilities,...


sought; Provided, That one application shall suffice in the case of substantially identical facilities which the applicant has installed or plans to install in connection...


a facility, the Regional Administrator may notify applicants that such facility will be certified if: (1) The Regional Administrator determines that such facility,...


the applicant or agent thereof, and shall include the following information: (a) Name, address, and Internal Revenue Service identifying number of the applicant; ...


26 U.S.C. 169(d)(1)(A) and (d)(2). The certification shall state that the facility described in the application has been constructed, reconstructed, erected, or acquired...


To enhance the quality and value of our water resources; to eliminate or reduce the pollution of the nation's waters and tributaries thereof; to improve the sanitary condition...


(1) It has been certified by the State certifying authority. (2) That the facility: (i) Removes, alters, disposes of, stores, or prevents the creation...


of the facility in question, or otherwise in the operation [[Page 225]] of such facility, all or a portion of its costs may be recovered over the period referred...


whenever the Regional Administrator shall determine that the facility in question is no longer being operated consistent with the Sec. 20.8 (b) and (c) criteria in effect...


Water Pollution Control Act Amendments of 1972, to the effect that additions to or alterations in the equipment, facilities (including the construction of pretreatment...


the Small Business Administration promulgated thereunder. (b) For purposes of paragraph 7(g)(2) of the Small Business Act, necessary and adequate refers to additions,...


State in which the additions, alterations, or methods of operation covered by the application are located. A listing of EPA Regional Offices, with their mailing...


the adequacy of the proposed alterations, additions, or methods of operation. The review will corroborate that the proposed alterations, additions, or methods of operation...


or methods of operation covered by the application are adequate and necessary to comply with an applicable standard, issue a written statement to the applicant to...


or methods of operation that result from requirements imposed by municipalities, counties or other forms of local or regional authorities and governments, except...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR21.8] [Page 235] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 21--SMALL BUSINESS--Table of Contents Sec. 21.8 Resubmission of application. (a) A small business concern whose application is disapproved may submit an amended or corrected application to the Regional Administrator at any time. The applicant shall provide the date of any previous application. (b) [Reserved] ...


Protection Agency, within 30 days of the date of the determination from which an appeal is taken; Provided, That the Deputy Administrator may, on good cause shown, accept...


the Small Business Administration serving the geographic area where the business is located. It is the responsibility of the applicant to also forward the statement to SBA as...


as stated in Sec. 21.5, or during the period of appeal as provided in Sec. 21.8, shall be available for public inspection. Approved applications as provided in Sec....


conduct a program for issuing statements under this section. (1) A State submission shall specify the organizational, legal, financial, and administrative resources...


EPA or the State that the facilities certified (a) will be constructed within the time specified by an applicable standard or (b) will be constructed and installed...


22.1 Scope of this part. (a) These Consolidated Rules of Practice govern all administrative adjudicatory proceedings for: (1) The assessment of...


22.2 Use of number and gender. As used in these Consolidated Rules of Practice, words in the singular also include the plural and words in the masculine gender...


22.3 Definitions. (a) The following definitions apply to these Consolidated Rules of Practice: Act means the particular statute authorizing the...


22.4 Powers and duties of the Environmental Appeals Board, Regional Judicial Officer and Presiding Officer; disqualification, withdrawal, and ...


22.5 Filing, service, and form of all filed documents; business confidentiality claims. (a) Filing of documents. (1) The original and one copy of...


22.6 Filing and service of rulings, orders and decisions. All rulings, orders, decisions, and other documents issued by the Regional Administrator or Presiding...


22.7 Computation and extension of time. (a) Computation. In computing any period of time prescribed or allowed in these Consolidated Rules of Practice, except...


22.8 Ex parte discussion of proceeding. At no time after the issuance of the complaint shall the Administrator, the members of the Environmental Appeals Board,...


22.9 Examination of documents filed. (a) Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during...


22.10 Appearances. Any party may appear in person or by counsel or other representative. A partner may appear on behalf of a partnership and...


22.11 Intervention and non-party briefs. (a) Intervention. Any person desiring to become a party to a proceeding may move for leave to intervene. A...


22.12 Consolidation and severance. (a) Consolidation. The Presiding Officer or the Environmental Appeals Board may consolidate any or all matters at issue...


22.13 Commencement of a proceeding. (a) Any proceeding subject to these Consolidated Rules of Practice is commenced by filing with the Regional...


22.14 Complaint. (a) Content of complaint. Each complaint shall include: (1) A statement reciting the section(s) of the Act authorizing...


22.15 Answer to the complaint. (a) General. Where respondent: Contests any material fact upon which the complaint is based; contends that the proposed...


22.16 Motions. (a) General. Motions shall be served as provided by Sec. 22.5(b)(2). Upon the filing of a motion, other parties may file responses to...


22.17 Default. (a) Default. A party may be found to be in default: after motion, upon failure to file a timely answer to the complaint; upon failure...


22.18 Quick resolution; settlement; alternative dispute resolution. (a) Quick resolution. (1) A respondent may resolve the proceeding at any time by...


22.19 Prehearing information exchange; prehearing conference; other discovery. (a) Prehearing information exchange. (1) In accordance with an...


22.20 Accelerated decision; decision to dismiss. (a) General. The Presiding Officer may at any time render an accelerated decision in favor of a party...


22.21 Assignment of Presiding Officer; scheduling the hearing. (a) Assignment of Presiding Officer. When an answer is filed, the Regional Hearing...


22.22 Evidence. (a) General. (1) The Presiding Officer shall admit all evidence which is not irrelevant, immaterial, unduly repetitious, unreliable,...


22.23 Objections and offers of proof. (a) Objection. Any objection concerning the conduct of the hearing may be stated orally or in writing during the...


22.24 Burden of presentation; burden of persuasion; preponderance of the evidence standard. (a) The complainant has the burdens of presentation and...


22.25 Filing the transcript. The hearing shall be transcribed verbatim. Promptly following the taking of the last evidence, the reporter shall transmit to...


22.26 Proposed findings, conclusions, and order. After the hearing, any party may file proposed findings of fact,...


a Hearing Sec. 22.27 Initial Decision. (a) Filing and contents. After the period for filing briefs under Sec. 22.26 has expired, the Presiding Officer...


Reopen a Hearing Sec. 22.28 Motion to reopen a hearing. (a) Filing and content. A motion to reopen a hearing to take further evidence must be filed no later than...


Sec. 22.29 Appeal from or review of interlocutory orders or rulings. (a) Request for interlocutory appeal. Appeals from orders or rulings other than...


Sec. 22.30 Appeal from or review of initial decision. (a) Notice of appeal. (1) Within 30 days after the initial decision is served, any party may...


22.31 Final order. (a) Effect of final order. A final order constitutes the final Agency action in a proceeding. The final order shall not in any...


22.32 Motion to reconsider a final order. Motions to reconsider a final order issued pursuant to Sec. 22.30 shall be filed within 10 days after service of the...


22.34 Supplemental rules governing the administrative assessment of civil penalties under the Clean Air Act. (a) Scope. This section shall apply, in...


Sec. 22.35 Supplemental rules governing the administrative assessment of civil penalties under the Federal Insecticide, Fungicide, and Rodenticide Act. ...


22.37 Supplemental rules governing administrative proceedings under the Solid Waste Disposal Act. (a) Scope. This section shall apply, in conjunction with...


22.38 Supplemental rules of practice governing the administrative assessment of civil penalties under the Clean Water Act. (a) Scope. This section shall...


22.39 Supplemental rules governing the administrative assessment of civil penalties under section 109 of the Comprehensive Environmental Response, ...


22.41 Supplemental rules governing the administrative assessment of civil penalties under Title II of the Toxic Substance Control Act, enacted as section ...


22.42 Supplemental rules governing the administrative assessment of civil penalties for violations of compliance orders issued to owners or operators of ...


22.43 Supplemental rules governing the administrative assessment of civil penalties against a federal agency under the Safe Drinking Water Act. (a) Scope....


Sec. 22.44 Supplemental rules of practice governing the termination of permits under section 402(a) of the Clean Water Act or under section 3008(a)(3) of the ...


Sec. 22.45 Supplemental rules governing public notice and comment in proceedings under sections 309(g) and 311(b)(6)(B)(ii) of the Clean Water Act and section ...


Section 554 of the Administrative Procedure Act Sec. 22.50 Scope of this subpart. (a) Scope. This subpart applies to all...


Section 554 of the Administrative Procedure Act Sec. 22.51 Presiding Officer. The Presiding Officer shall be a Regional Judicial Officer....


Section 554 of the Administrative Procedure Act Sec. 22.52 Information exchange and discovery. Respondent's information exchange pursuant...


Federal Register and bearing in its heading an identification code including the letters FRL. (b) Admininstrator means the Administrator or any official exercising...


or approval action, the time and date of the Administrator's action in promulgation (for purposes of sections 509(b)(1) (A), (C), and (E)), approving (for purposes of...


or action, the time and date of such promulgation, approval or action for purposes of the second sentence of section 307(b)(1) shall be at 1:00 p.m. eastern...


taking a particular action, for purposes of section 7006(b), the time and date of the Administrator's action in issuing, denying, modifying, or revoking any permit...


a particular rule or issuing a particular order, the time and date of the Administrator's promulgation or issuance for purposes of section 19(a)(1) shall be at 1:00...


provides in a particular order, the time and date of entry of an order issued by the Administrator following a public hearing for purposes of section 16(b) shall be at...


action or determination, the time and date of the Administrator's [[Page 264]] promulgation, issuance, or determination for purposes of...


provides in a particular rule, the time and date of the Administrator's promulgation for purposes of 42 U.S.C. 2022(c)(2) shall be at 1:00 p.m. eastern time (standard...


the time and date of the entry of an order for purposes of 28 U.S.C. 2344 shall be at 1:00 p.m. eastern time (standard or daylight, as appropriate) on the date that is...


in a particular order, the time and date of the entry of an order issued after a public hearing for purposes of 21 U.S.C. 346a(i) or 348(g) shall be at 1:00 p.m....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR23.11] [Page 264] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 23--JUDICIAL REVIEW UNDER EPA--ADMINISTERED STATUTES--Table of Contents Sec. 23.11 Holidays. If the date determined under Secs. 23.2 to 23.10 falls on a Federal holiday, then the time and date of the Administrator's action shall be at 1:00 p.m. eastern time on the next day that is not a Federal holiday. ...


of Appeals challenging a final action of the Administrator shall be sent by certified mail, return receipt requested, or by personal delivery to the General Counsel. The...


(a) These rules establish procedures governing issuance of administrative orders for corrective action pursuant to sections 3008(h) and 9003(h) of the Solid Waste Disposal Act,...


of final orders and orders on consent. (a) An administrative action under section 3008(h) or 9003(h) of the Act shall be commenced by issuance of an...


(a) A Clerk shall be designated by the Regional Administrator to receive all initial orders, final orders, decisions, responses, memoranda, and documents...


and documents. (a) Filing of orders, decisions, and documents. The original and one copy of the initial administrative order, the recommended decision of...


for hearing. (a) The initial administrative order becomes a final administrative order thirty (30) days after service of the order, unless the respondent files with...


Upon receipt of a request for a hearing, the Regional Administrator shall designate a Presiding Officer to conduct the hearing and preside over...


The respondent may request an informal settlement conference at any time by contacting the appropriate EPA employee, as specified in the initial administrative order....


(a) The hearing procedures set forth in subpart B of this part shall be employed for any requested hearing if the initial order directs...


Presiding Officer; ex parte discussion of the proceeding. The Presiding Officer shall be either the Regional Judicial Officer (as described in 40 CFR...


hearing; pre-hearing submissions by respondent. (a) Date and time for hearing. The Presiding Officer shall establish the date, time, location, and agenda for the...


presentations and written submissions by the parties. The Presiding Officer shall conduct the hearing in a fair and impartial way, taking action as needed to...


hearing; Presiding Officer's recommendation. (a) As soon as practicable after the conclusion of the hearing a written summary of the proceeding shall be prepared. This...


Presiding Officer; ex parte discussion of the proceeding. (a) Qualifications of Presiding Officer. The Presiding Officer shall be either the Regional...


hearing; pre-hearing submissions by the parties. (a) The Presiding Officer shall establish an expeditious schedule for: (1) The submission by respondent of...


and written submissions by the parties. (a) The Presiding Officer shall conduct the hearing in a fair and impartial manner, take action to avoid...


recording of hearing. (a) The hearing shall be either transcribed stenographically or tape recorded. Upon written request, such transcript or tape recording shall be...


recommendation. (a) The Presiding Officer will, as soon as practicable after the conclusion of the hearing, evaluate the entire administrative record and, on...


As soon as practicable after receipt of the recommended decision, the Regional Administrator will either sign or modify such recommended decision, and issue it as a...


If the Regional Administrator does not adopt portions of the initial order, or finds that modification of the order is necessary, the signatory official on the initial...


The final decision and the final administrative order are final agency actions that are effective on filing and service. These actions are not appealable to...


requirements and suggested program elements for public participation in activities under the Clean Water Act (Pub. L. 95-217), the Resource Conservation and Recovery Act...


three Acts which are covered by this part are: (1) EPA rulemaking, except non-policy rulemaking (for example publication of funding allotments under statutory formulas);...


and substate agencies carrying out activities described in Sec. 25.2(a) shall provide for, encourage, and assist the participation of the public. The term, ``the...


(a) General. EPA, State, interstate, and substate agencies shall conduct a continuing program for public information and participation in the development...


non-adjudicatory public hearing, whether mandatory or discretionary, under the three Acts shall meet the following minimum requirements. These requirements are subordinate...


assemblies or gathering, (such as conferences, informational sessions, seminars, workshops, or other activities) which the responsible agency intends to be open to...


requirements of this section on advisory groups shall be met whenever provisions of this chapter require use of an advisory group by State, interstate, or substate...


which conducts any activities required under this part shall prepare a Responsiveness Summary at specific decision points as specified in program regulations or in the...


permit program shall develop internal procedures for receiving evidence submitted by citizens about permit violations and ensuring that it is properly considered....


consider written comments on proposed and interim regulations from any interested or affected persons and organizations. All such comments shall be part of the public record,...


(a) This section is applicable to activities under Sec. 25.2(a)(5) except as otherwise provided in parts 30 or 35. (b) Each applicant for EPA financial assistance...


(a) Financial assistance programs--(1) Applications. EPA shall review the public participation work plan (or, if no work plan is required by this chapter...


The public participation activities and materials that are required under this part should be coordinated or combined with those of closely related programs or activities wherever...


All reporting requirements specifically established by this part will terminate on (5 years from date of publication) unless EPA acts to extend the requirements beyond...


conducted, supported or otherwise subject to regulation by any Federal department or agency which takes appropriate administrative action to make the policy applicable...


agency to whom authority has been delegated. (b) Institution means any public or private entity or agency (including Federal, State, and other agencies). ...


which is covered by this policy and which is conducted or supported by a Federal department or agency shall provide written assurance satisfactory to the department or...


commonly conducted by the institution. The IRB shall be sufficiently qualified through the experience and expertise of its members, and the diversity of the...


as described in Sec. 26.103(b)(4) and, to the extent required by, Sec. 26.103(b)(5). (b) Except when an expedited review procedure is used (see Sec. 26.110), review...


activities covered by this policy. (b) An IRB shall require that information given to subjects as part of informed consent is in accordance with Sec. 26.116. The IRB...


(a) The Secretary, HHS, has established, and published as a Notice in the Federal Register, a list of categories of research that may be reviewed by the IRB through an...


are satisfied: (1) Risks to subjects are minimized: (i) By using procedures which are consistent with sound research design and which do not unnecessarily...


disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an...


in accordance with the IRB's requirements or that has been associated with unexpected serious harm to subjects. Any suspension or termination of approval shall include...


of cooperative research projects, each institution is responsible for safeguarding the rights and welfare of human subjects and for complying with this policy. With...


(1) Copies of all research proposals reviewed, scientific evaluations, if any, that accompany the proposals, approved sample consent documents, progress...


research covered by this policy unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized...


written consent form approved by the IRB and signed by the subject or the subject's legally authorized representative. A copy shall be given to the person signing the form. ...


contracts are submitted to departments or agencies with the knowledge that subjects may be involved within the period of support, but definite plans would not normally...


subjects, but it is later proposed to involve human subjects in the research, the research shall first be reviewed and approved by an IRB, as provided in this policy,...


agency head will evaluate all applications and proposals involving human subjects submitted to the department or agency through such officers and employees of the department...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR26.122] [Page 292] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 26--PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 26.122 Use of Federal funds. Federal funds administered by a department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied. ...


agency support for any project be terminated or suspended in the manner prescribed in applicable program requirements, when the department or agency head finds an institution...


to or at the time of approval when in the judgment of the department or agency head additional conditions are necessary for the protection of...


(October 21, 1986), to be codified at 31 U.S.C. 3801-3812. 31 U.S.C. 3809 of the statute requires each authority head to promulgate regulations necessary to implement...


pursuant to 5 U.S.C. 3344. Administrator means the Administrator of the United States Environmental Protection Agency. Authority means the United...


person knows or has reason to know-- (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by any written statement which asserts a material...


(1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and shall identify the records or...


there is adequate evidence to believe that a person is liable under Sec. 27.3 of this part, the reviewing official shall transmit to the Attorney General a written notice of...


the issuance of a complaint in written statement described in 31 U.S.C. 3803(b)(1), and (2) In the case of allegations of liability under Sec. 27.3(a) with respect...


official may serve a complaint on the defendant, as provided in Sec. 27.8. (b) The complaint shall state-- (1) The allegations of liability against...


the Federal Rules of Civil Procedure. Service is complete upon receipt. (b) Proof of service, stating the name and address of the person on whom the complaint was served,...


be deemed to be a request for hearing. (b) In the answer, the defendant-- (1) Shall admit or deny each of the allegations of liability made in the complaint; ...


may file the complaint with the hearing clerk as provided in Sec. 27.11. (b) Upon assignment of the complaint to a presiding officer, the presiding officer...


the hearing clerk. (b) The hearing clerk shall forward the complaint and answer to the Chief administrative law judge who shall assign himself or herself or...


the defendant in the manner prescribed by Sec. 27.8. At the same time, the presiding officer shall send a copy of such notice to the representative for the Government. ...


plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of that...


or presenting a particular case, may not, in such case or a factually related case-- (1) Participate in the hearing as the presiding officer; ...


any matter at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the...


or herself at any time. (b) A party may file a motion for disqualification of a reviewing official or presiding officer with the hearing clerk. Such motion shall...


(b) Participate in any conference held by the presiding officer; (c) Conduct discovery; (d) Agree to stipulations of fact or law, which shall be made part of...


a record of the proceeding is made. (b) The presiding officer has the authority to-- (1) Set and change the date, time, and place of the hearing upon...


presiding officer shall schedule at least one prehearing conference at a reasonable time in advance of the hearing. (c) The presiding officer may use prehearing conferences...


and other materials that relate to the allegations set out in the complaint and upon which the findings and conclusions of the investigating official under...


Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. (b)...


officer, the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any...


presiding officer issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at...


party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a protective order, the presiding officer may make any...


a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is issued...


first page of every pleading and paper filed in the proceeding shall contain a caption setting forth the [[Page 303]] title of the action, the case number assigned...


act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal Government, in which event it...


upon, and the facts alleged, and shall be filed with hearing clerk and served on all other parties. (b) Except for motions made during a prehearing conference or at...


rule, or procedure governing the proceeding; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the...


for a civil penalty or assessment under Sec. 27.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or...


and the Environmental Appeals Board, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions...


(2) In any judicial district of the United States in which the claim or statement in issue was made; or (3) In such other place as may be agreed upon by...


(b) At the discretion of the presiding officer, testimony may be admitted in the form of a written statement or deposition. Any such written statement must...


shall not be bound by the Federal Rules of Evidence. However, the presiding officer may apply the Federal Rules of Evidence when appropriate, e.g., to exclude...


to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in...


The presiding officer shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable,...


of law, and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the following issues: (1)...


the initial decision within 20 days of receipt [[Page 307]] of the initial decision. If service was made by mail, receipt will be presumed to be five days from...


or assessment may appeal such decision to the Environmental Appeals Board by filing a notice of appeal with the hearing clerk in accordance with this section. ...


to the Environmental Appeals Board a written finding that continuation of the administrative process described in this part with respect to a claim or statement...


Appeals Board. (b) No administrative stay is available following a final decision of the Environmental Appeals Board. [57 FR 5327, Feb....


of the Environmental Appeals Board imposing penalties or assessments under this part and specifies the procedures for such review. [57 FR 5327, Feb....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR27.43] [Page 308] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 27--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 27.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


or 27.43, or any amount agreed upon in a compromise or settlement under Sec. 27.46, may be collected by administrative offset under 31 U.S.C. 3716, except that...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR27.45] [Page 308] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 27--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 27.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). ...


to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on...


date on which such claim or statement is made. (b) If the defendant fails to file a timely answer, service of a notice under Sec. 27.10(b) shall be deemed a notice...


An appeal directed to the Administrator, rather than the Environmental Appeals Board, will not be considered. This delegation of authority to the Environmental Appeals...


12372, ``Intergovernmental Review of Federal Programs,'' issued July 14, 1982, and [[Page 310]] amended, on April 8, 1983. These regulations also...


Protection Agency or an official or employee of the Agency acting for the Administrator under a delegation of authority. Agency means the U.S....


The Administrator publishes in the Federal Register a list of the EPA programs and activities that are subject to these regulations and identifies which of these are...


opportunities for consultation by elected officials of those State and local governments that would provide the non-Federal funds for, or that would be directly...


The Administrator, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure...


(a) A State may select any program or activity published in the Federal Register in accordance with Sec. 29.3 of this part for intergovernmental review under these regulations....


(a) For those programs and activities covered by a State process under Sec. 29.6, the Administrator, to the extent permitted by law: (1) Uses the...


direct Federal development? (a) Except in unusual circumstances, the Administrator gives State processes or directly affected State, areawide, regional and...


procedures in Sec. 29.10 if: (1) A State office or official is designated to act as a single point of contact between a State process and all Federal agencies, and ...


a State process provides a State process recommendation to the Agency through the State's single point of contact, the Administrator either: (1) Accepts...


responsible for: (1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying...


(a) As used in this section: (1) Simplify means that a State may develop its own format, choose its own submission date, and select the planning period for a...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR29.13] [Page 313] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 29--INTERGOVERNMENTAL REVIEW OF ENVIRONMENTAL PROTECTION AGENCY PROGRAMS AND ACTIVITIES--Table of Contents Sec. 29.13 May the Administrator waive any provision of these regulations? In an emergency, the Administrator may waive any provision of these regulations. [[Page 314]] ...


and other non-profit organizations. The Environmental Protection Agency (EPA) may not impose additional or inconsistent requirements, except as provided in Secs. 30.4,...


and other tangible property received; (2) Services performed by employees, contractors, subrecipients, and other payees; and (3) Other amounts becoming owed under...


other nonregulatory materials which are inconsistent with the requirements of Circular A-110 shall be superseded, except to the extent they are required by statute, or...


exceptions are not prohibited by statute. However, in the interest of maximum uniformity, exceptions from the requirements of Circular A-110 shall be permitted only in...


work under awards if such subrecipients are institutions of higher education, hospitals or other non-profit organizations. State and local government subrecipients...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR30.6] [Page 318] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart A--General Sec. 30.6 Availability of OMB circulars. OMB circulars cited in this part are available from the Office of Management and Budget (OMB) by writing to the Executive Office of the President, Publications Service, 725 17th Street, NW., Suite 200, Washington, DC 20503. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR30.10] [Page 318] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart B--Pre-Award Requirements Sec. 30.10 Purpose. Sections 30.11 through 30.18 prescribe forms and instructions and other pre-award matters to be used in applying for Federal awards. ...


grant, cooperative agreement, or contract). The Federal Grant and Cooperative Agreement Act (31 U.S.C. 6301-08) governs the use of grants, cooperative agreements...


Burdens on the Public,'' with regard to all forms used by EPA in place of or as a supplement to the Standard Form 424 (SF-424) series. (b) Applicants shall use the...


Orders 12549 and 12689, ``Debarment and Suspension.'' 40 CFR part 32 restricts subawards and contracts with certain parties that are debarred, suspended or...


not meet the standards prescribed in Circular A-110; has not conformed to the terms and conditions of a previous award; or is not otherwise responsible, EPA may impose...


system is the preferred measurement system for U.S. trade and commerce. The Act requires each Federal agency to establish a date or dates in consultation with the Secretary...


Act, any State agency or agency of a political subdivision of a State which is using appropriated Federal funds must comply with Section 6002. Section 6002 requires...


by statute, Executive Order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships with the agency. Annual...


met for hotels and motels. The law provides further that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which...


financial management systems, methods for making payments and rules for: satisfying cost sharing and matching requirements, accounting for program income, budget...


whenever practical. (b) Recipients' financial management systems shall provide for the following. (1) Accurate, current and complete disclosure of the...


of checks, warrants, or payment by other means by the recipients. Payment methods of State agencies or instrumentalities shall be consistent with Treasury-State...


(a) All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or matching when such contributions meet...


to projects financed in whole or in part with Federal funds. (b) Except as provided in paragraph (h) of this section, program income earned during the project period...


budget shall include both the Federal and non-Federal share. It shall be related to performance for program evaluation purposes whenever appropriate. (b) Recipients...


(including hospitals) shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular...


determined in accordance with the cost principles applicable to the entity incurring the costs. Thus, allowability of costs incurred by State, local or federally-recognized...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR30.28] [Page 327] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart C--Post-Award Requirements Sec. 30.28 Period of availability of funds. Where a funding period is specified, a recipient may charge to the grant only allowable costs resulting from obligations incurred during the funding period and any pre-award costs authorized by EPA. Property Standards ...


the Federal Government whose cost was charged to a project supported by a Federal award. EPA shall require recipients to observe these standards under awards and shall not...


as provided to property owned by the recipient. Federally-owned property need not be insured unless required by the terms and conditions of...


Unless otherwise provided by statute, such requirements, at a minimum, shall contain the following. (a) Title to real property shall vest in the recipient subject...


shall submit annually an inventory listing of federally-owned property in their custody to EPA's property management staff. Upon completion of the award or when...


(b) The recipient shall not use equipment acquired with Federal funds to provide services to non-Federal outside organizations for a fee that is less than private companies...


a residual inventory of unused supplies exceeding $5000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for...


an award. EPA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to...


shall be held in trust by the recipient as trustee for the beneficiaries of the project or program under which the property was acquired or...


supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and...


The recipient is the responsible authority, without recourse to EPA, regarding the settlement and satisfaction of all contractual and administrative issues arising out...


contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or...


shall be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or...


(a) (1), (2) and (3) of this section apply. (1) Recipients avoid purchasing unnecessary items. (2) Where appropriate, an analysis is made of lease and...


Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with...


for contractor selection; justification for lack of competition when competitive bids or offers are not obtained; and basis for award cost...


the contract and to ensure adequate and timely follow up of all purchases. Recipients shall evaluate contractor performance and document, as appropriate,...


all contracts. The following provisions shall also be applied to subcontracts. (a) Contracts in excess of the small purchase threshold shall contain contractual provisions...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR30.50] [Page 335] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart C--Post-Award Requirements Sec. 30.50 Purpose of reports and records. Sections 30.51 through 30.53 set forth the procedures for monitoring and reporting on the recipient's financial and program performance and the necessary standard reporting forms. They also set forth record retention requirements. ...


activity supported by the award. Recipients shall monitor subawards to ensure subrecipients have met the audit requirements as delineated in Sec. 30.26. (b) EPA...


(1) SF-269 or SF-269A, Financial Status Report. (i) EPA shall require recipients to use the SF-269 or SF-269A to report the status of funds for all...


EPA shall not impose any other record retention or access requirements upon recipients. (b) Financial records, supporting documents, statistical records, and all...


shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR30.60] [Page 338] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart C--Post-Award Requirements Sec. 30.60 Purpose of termination and enforcement. Sections 30.61 and 30.62 set forth uniform suspension, termination and enforcement procedures. ...


recipient materially fails to comply with the terms and conditions of an award. (2) By EPA with the consent of the recipient, in which case the two parties shall agree upon...


a Federal statute, regulation, assurance, application, or notice of award, EPA may, in addition to imposing any of the special conditions outlined in Sec. 30.14, take one or...


provide a written final decision. The EPA disputes decision official is the individual designated by the award official to resolve disputes concerning...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR30.70] [Page 339] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart D--After-the-Award Requirements Sec. 30.70 Purpose. Sections 30.71 through 30.73 contain closeout procedures and other procedures for subsequent disallowances and adjustments. ...


other reports as required by the terms and conditions of the award. EPA may approve extensions when requested by the recipient. (b) Unless EPA authorizes an extension,...


EPA to disallow costs and recover funds on the basis of a later audit or other review. (2) The obligation of the recipient to return any funds due as a result of later...


the terms and conditions of the award constitute a debt to the Federal Government. If not paid within a reasonable period after the demand for payment, EPA may reduce...


This part establishes uniform administrative rules for Federal grants and cooperative agreements and subawards to State, local and Indian...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR31.2] [Page 342] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 31--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS--Table of Contents Subpart A--General Sec. 31.2 Scope of subpart. This subpart contains general rules pertaining to this part and procedures for control of exceptions from this part. ...


As used in this part: Accrued expenditures mean the charges incurred by the grantee during a given period requiring the provision of funds for: (1) Goods and other...


(a) General. Subparts A-D of this part apply to all grants and subgrants to governments, except where inconsistent with Federal statutes or with regulations authorized in...


All other grants administration provisions of codified program regulations, program manuals, handbooks and other nonregulatory materials which are inconsistent with this...


(a) For classes of grants and grantees subject to this part, Federal agencies may not impose additional administrative requirements except in codified regulations published...


grants. (a) Scope. (1) This section prescribes forms and instructions to be used by governmental organizations (except hospitals and institutions of higher...


(a) Scope. The statutes for some programs require States to submit plans before receiving grants. Under regulations implementing Executive Order 12372, ``Intergovernmental...


subgrant conditions for ``high-risk'' grantees. (a) A grantee or subgrantee may be considered ``high risk'' if an awarding agency determines that a grantee or subgrantee: ...


provisions applicable to EPA assistance awards. Grantees shall comply with all applicable Federal laws including: (a) Section 306 of the Clean Air Act,...


management systems. Financial Administration (a) A State must expand and account for grant funds in accordance with State laws...


(a) Scope. This section prescribes the basic standard and the methods under which a Federal agency will make payments to grantees, and grantees will make payments to...


(a) Limitation on use of funds. Grant funds may be used only for: (1) The allowable costs of the grantees, subgrantees and cost-type contractors, including allowable...


funds. (a) General. Where a funding period is specified, a grantee may charge to the award only costs resulting from obligations of the funding period...


(a) Basic rule: Costs and contributions acceptable. With the qualifications and exceptions listed in paragraph (b) of this section, a matching or cost...


(a) General. Grantees are encouraged to earn income to defray program costs. Program income includes income from fees for services performed, from the use or rental of...


(a) Basic rule. Grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised...


(a) General. Grantees and subgrantees are permitted to rebudget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes...


(a) Title. Subject to the obligations and conditions set forth in this section, title to real property acquired under a grant or subgrant will vest upon acquisition in...


(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee...


(a) Title. Title to supplies acquired under a grant or subgrant will vest, upon acquisition, in the grantee or subgrantee respectively. (b) Disposition. If there is a...


The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for...


suspended parties. Grantees and subgrantees must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or...


suspended parties. Grantees and subgrantees must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or...
...


(a) States. States shall follow State law and procedures when awarding and administering subgrants (whether on a cost reimbursement or fixed amount basis) of financial assistance...


Any contract, subcontract, or subgrant awarded under an EPA grant by an Indian Tribe or Indian Intertribal Consortium shall require to the extent feasible: ...


program performance. (a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of grant and subgrant supported...


(a) General. (1) Except as provided in paragraphs (a) (2) and (5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of...


requirements for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and...


(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation,...


Except as provided in Sec. 31.43 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of the grantee...


If the grantee's project involves environmentally related measurements or data generation, the grantee shall develop and implement quality assurance practices consisting...


(a) General. The Federal agency will close out the award when it determines that all applicable administrative actions and all required work of the grant has...


adjustments. The closeout of a grant does not affect: (a) The Federal agency's right to disallow costs and recover funds on the basis of a later audit or...


due. (a) Any funds paid to a grantee in excess of the amount to which the grantee is finally determined to be entitled under the terms of the award constitute a debt...


due. (a) Any funds paid to a grantee in excess of the amount to which the grantee is finally determined to be entitled under the terms of the award constitute a debt...
...


governmentwide system for nonprocurement debarment and suspension. A person who is debarred or suspended shall be excluded from Federal financial and nonfinancial assistance...


act or omission has occurred. Affiliate. Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or,...


transactions under Federal nonprocurement programs. For purposes of these regulations such transactions will be referred to as ``covered transactions.'' (1)...


suspension are discretionary actions that, taken in accordance with Executive Order 12549 and these regulations, are appropriate means to implement this policy. ...


excluded from primary covered transactions as either participants or principals throughout the Executive Branch of the Federal Government for the period of their...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR32.205] [Page 382] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart B--Effect of Action Sec. 32.205 Ineligible persons. Persons who are ineligible, as defined in Sec. 32.105(i), are excluded in accordance with the applicable statutory, executive order, or regulatory authority. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR32.210] [Page 382] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart B--Effect of Action Sec. 32.210 Voluntary exclusion. Persons who accept voluntary exclusions under Sec. 32.315 are excluded in accordance with the terms of their settlements. EPA shall, and participants may, contact the original action agency to ascertain the extent of the exclusion. ...


48 CFR part 9, subpart 9.4, to participate in a particular covered transaction upon a written determination by the agency head or an authorized designee stating...


ineligibility, or voluntary exclusion of any person by an agency, agencies and participants may continue covered transactions in existence at the time the person was...


with a person who is-- (1) Debarred or suspended; (2) Proposed for debarment under 48 CFR part 9, subpart 9.4; or (3) Ineligible for or...


existence of a cause for debarment, however, does not necessarily require that the person be debarred; the seriousness of the person's acts or omissions and any...


for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR32.310] [Page 384] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart C--Debarment Sec. 32.310 Procedures. EPA shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness, using the procedures in Secs. 32.311 through 32.314. ...


when appropriate, to the debarring official for consideration. After consideration, the debarring official may issue a notice of...


(b) Of the reasons for the proposed debarment in terms sufficient to put the respondent on notice of the conduct or transaction(s) upon which it is based; (c) Of...


submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment. (1) If the respondent desires a hearing,...


over material facts, the debarring official shall make a decision on the basis of all the information in the administrative record, including any submission made by...


(1) The debarring and suspending official is the official authorized to settle debarment or suspension actions. (2) [Reserved] (b) If a participant and the agency agree to...


shall be considered in determining the debarment period. (1) Debarment for causes other than those related to a violation of the requirements of subpart F...


Official. The petitioner bears the burden of providing sufficient information and documentation to establish, by a preponderance of the evidence, that the condition...


from all covered transactions, unless the debarment decision is limited by its terms to one or more specifically identified individuals, divisions or...


Debarment (OGD Director), to review the findings of the Debarring Official by filing a request with the OGD Director within 30 calendar days of the party's receipt of the...


(b) Suspension is a serious action to be imposed only when: (1) There exists adequate evidence of one or more of the causes set out in Sec. 32.405, and ...


suspect the commission of an offense listed in Sec. 32.305(a); or (2) That a cause for debarment under Sec. 32.305 may exist. (b) Indictment shall constitute...


and referred, when appropriate, to the suspending official for consideration. After consideration, the [[Page 388]] suspending official may issue...


is based on an indictment, conviction, or other adequate evidence that the respondent has committed irregularities seriously reflecting on the propriety of further...


in writing, or through a representative, information and argument in opposition to the suspension. (1) If the respondent desires a hearing, it shall submit a...


period or scope of debarment) or may leave it in force. However, a decision to modify or terminate the suspension shall be without prejudice to the subsequent imposition...


Civil Remedies Act proceedings, unless terminated sooner by the suspending official or as provided in paragraph (b) of this section. (b) If legal or...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR32.420] [Page 389] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY Subpart D--Suspension Sec. 32.420 Scope of suspension. The scope of a suspension is the same as the scope of a debarment (see Sec. 32.325), except that the procedures of Secs. 32.410 through 32.413 shall be used in imposing a suspension. ...


Debarment (OGD Director), to review the findings of the suspending official by filing a request with the OGD Director within 30 calendar days of the party's receipt of...


who have been debarred, suspended, or voluntarily excluded by agencies under Executive Order 12549 and these regulations, and those who have been determined to...


and voluntary exclusions it has taken. Until February 18, 1989, the agency shall also provide GSA and OMB with information concerning all transactions in which EPA...


in appendix A to this part for it and its principals at the time the participant submits its proposal in connection with a primary covered transaction, except...


the Drug-Free Workplace Act of 1988 by requiring that-- (1) A grantee, other than an individual, shall certify to the agency that it will provide a...


(1) Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation...


would be inconsistent with the international obligations of the United States or the laws or regulations of a foreign government. A determination of such inconsistency...


the requirements of this subpart if the agency head or his or her official designee determines, in writing, that-- (a) The grantee has made a false certification under...


grantee shall be subject to one or more of the following actions: (1) Suspension of payments under the grant; (2) Suspension or termination of the grant; and ...


termination of a grant, or suspension or debarment of a grantee if the agency head determines that such a waiver would be in the public interest. This exception...


to the Federal agency providing the grant, as provided in appendix C to this part. (2) Grantees are not required to make a certification in order to...


an employee has been convicted for a violation of a criminal drug statute occurring in the workplace, it shall take the following actions: (1) Within 10 calendar days...


a Federal [[Page 398]] contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of...


Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). (b)...


if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative agreement...


in Sec. 34.100 (a), does [[Page 401]] not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting...


in Sec. 34.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR34.210] [Page 402] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 34--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B--Activities by Own Employees Sec. 34.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


funds, in Sec. 34.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving...


subject to a civil penalty of not less than [[Page 403]] $10,000 and not more than $100,000 for each such expenditure. (b) Any person who fails to file or...


provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR34.410] [Page 403] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 34--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D--Penalties and Enforcement Sec. 34.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. ...


covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a...


disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a...


paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of...


and local agencies, Indian Tribes and Intertribal Consortia for pollution abatement and control programs. These provisions supplement the EPA general...


U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub....


to all grants awarded for the following programs: (1) Performance partnership grants (Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub. Law 104-134,...


Allotment. EPA's calculation of the funds that may be available to an eligible recipient for an environmental program grant. An allotment is not an entitlement. ...


must: (a) Meet the requirements in 40 CFR part 31, subpart B; (b) Include a proposed work plan (Sec. 35.107); and (c) Specify the environmental program and the...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.105] [Page 419] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.105 Time frame for submitting an application. An applicant should submit a complete application to EPA at least 60 days before the beginning of the proposed funding period. ...


the applicant and the Regional Administrator and reflects consideration of national, regional, and State environmental and programmatic needs and priorities. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.108] [Page 420] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.108 Funding period. The Regional Administrator and applicant may negotiate the length of the funding period for environmental program grants, subject to limitations in appropriations acts. ...


program may submit an application for a consolidated grant. For consolidated grants, an applicant prepares a single budget and work plan covering all of...


either approve, conditionally approve, or disapprove it within 60 days of receipt. This period may be extended by mutual agreement between EPA and the applicant....


application upon determining that: (1) The application meets the requirements of this subpart and 40 CFR part 31; (2) The application meets the requirements of...


Sec. 35.111, the Regional Administrator will consider such factors as the applicant's allotment, the extent to which the proposed work plan is consistent with EPA guidance...


and OMB cost principles, EPA may reimburse recipients for pre-award costs incurred from the beginning of the funding period established in the grant agreement if such...


grants awarded under this subpart. The following provisions govern amendments and other changes to grant work plans and budgets after the work plan is...


will develop a process for jointly evaluating and reporting progress and accomplishments under the work plan. A description of the evaluation process and...


grant either after grants for that environmental program have been made or because no grant was made, the Regional Administrator may, subject to any limitations contained...


after an initial environmental program grant has been made or because no grant was made, and the Regional Administrator does not use the funds under Sec. 35.116 of...


Report shows unexpended balances, the Regional Administrator will deobligate the unexpended balances and make them available, to either the same recipient in the...


35.138 govern Performance Partnership Grants to States and interstate agencies authorized in the Omnibus Consolidated Rescissions...


meet: (a) The requirements in Secs. 35.100 to 35.118, which apply to all environmental program grants, including Performance Partnership Grants; and (b)...


of this section, the environmental programs eligible, in accordance with appropriation acts, for inclusion in a Performance Partnership Grant are listed in Sec....


agriculture, and other agencies) and interstate agencies eligible to receive funds from more than one environmental program may receive Performance...


subject to the [[Page 424]] requirements of paragraph (c) of this section, to fund any activity that is eligible for funding under at least one of...


a non-federal cost share that is not less than the sum of the minimum non- federal cost share required under each of the environmental programs that are combined in...


(1) A list of the environmental programs and the amount of funds from each program to be combined in the Performance Partnership Grant; (2) A...


competitive process. An applicant and the Regional Administrator may agree to add funds available for a competitive grant to a Performance Partnership Grant. If this is done,...


Grants to State, local, interstate, or intermunicipal air pollution control agencies (as defined in section 302(b) of the Clean Air Act) authorized under section 105 of...


to the Clean Air Act's section 105 grant program: Implementing means any activity related to planning, developing, establishing, carrying-out, improving, or...


of the Clean Air Act based on a number of factors, including: (1) Population; (2) The extent of actual or potential air pollution problems; and (3) The...


as defined in section 302(b) of the Clean Air Act, up to three-fifths of the approved costs of implementing programs for the prevention and control of air pollution...


annually, for recurrent section 105 program expenditures, an amount of non-federal funds at least equal to such expenditures during the preceding fiscal year. (b)...


for a Performance Partnership Grant (see Secs. 35.130 through 35.138) in the initial and subsequent years that it includes section 105 funds, the minimum cost share...


an interstate or intermunicipal agency: (1) That does not provide assurance that it can develop a comprehensive plan for the air quality control region which...


Grants to State and interstate agencies (as defined in section 502 of the Clean Water Act) authorized under section 106 of the Clean Water Act. (b) Purpose...


a continuing Water Pollution Control program. All expenditures, except those for equipment purchases of $5,000 or more, are considered recurrent unless justified by...


Control grants to State and interstate agencies will be allotted to States and interstate agencies on the basis of the extent of the pollution problems in the...


must expend annually for recurrent section 106 program expenditures an amount of non-federal funds at least equal to expenditures during the fiscal year ending June...


only if: (1) The State monitors and compiles, analyzes, and reports water quality data as described in section 106(e)(1) of the Clean Water Act; (2) The State...


Supervision Grants to States (as defined in section 1401 (13)(A) of the Safe Drinking Water Act) authorized under section 1443(a) of the Act. (b) Purpose of...


support States' Public Water System Supervision programs based on each State's population, geographic area, numbers of community and non- community water systems, and other...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.175] [Page 431] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.175 Maximum federal share. The Regional Administrator may provide a maximum of 75 percent of the State's approved work plan costs. ...


award unless the applicant has an approved Public Water System Supervision program or agrees to establish an approvable program within one year of the initial award. ...


Source Protection Grants to States (as defined in section 1401(13)(A) of the Safe Drinking Water Act) authorized under section 1443(b) of the Act. (b) Purpose...


water source protection programs based on such factors as population, geographic area, extent of underground injection practices, and other...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.195] [Page 431] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.195 Maximum federal share. The Regional Administrator may provide a maximum of 75 percent of a State's approved work plant costs. ...


States that have primary enforcement responsibility for the underground water source protection program. Hazardous Waste Management...


Management Grants to States (as defined in section 1004 of the Solid Waste Disposal Act) under section 3011(a) of the Act. (b) Purpose of program. Hazardous Waste...


in accordance with section 3011(b) of the Solid Waste Disposal Act based on factors including: (a) The extent to which hazardous waste is generated,...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.215] [Page 431] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.215 Maximum federal share. The Regional Administrator may provide up to 75 percent of the approved work plant costs. ...


to a State with interim or final hazardous waste authorization unless the applicant is the lead agency designated in the...


Cooperative Agreements to States (as defined in section 2 of Federal Insecticide, Fungicide, and Rodenticide Act) under section 23(a)(1) of the Act. (b) Purpose...


in allotment of funds for enforcement of FIFRA are: (1) The State's population, (2) The number of pesticide-producing establishments, (3) The numbers...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.235] [Page 432] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.235 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. Pesticide Applicator Certification and Training (Section 23(a)(2)) ...


Certification and Training Grants to States (as defined in section 2 of Federal Insecticide, Fungicide, and Rodenticide Act) under section 23(a)(2) of the Act. ...


applicator certification and training funds: (a) The number of farms in each State; and (b) The numbers of private and commercial applicators...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.245] [Page 432] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.245 Maximum federal share. The Regional Administrator may provide up to 50 percent of the approved work plan costs. Pesticide Program Implementation (Section 23(a)(1)) ...


Implementation Cooperative Agreements to States (as defined in section 2 of Federal Insecticide, Fungicide, and Rodenticide Act) under section 23(a)(1) of the Act. ...


factors considered in allotment of funds for pesticide program implementation are based [[Page 433]] upon potential ground water, endangered species, and...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.252] [Page 433] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.252 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. Nonpoint Source-Management (Section 319(h)) ...


Management Grants to States (as defined in section 502 of the Clean Water Act) authorized under section 319 of the Act. (b) Purpose of program. Nonpoint Source...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.265] [Page 433] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.265 Maximum federal share. The Regional Administrator may provide up to 60 percent of the approved work plan costs in any fiscal year. The non-federal share of costs must be provided from non-federal sources. ...


to maintain its aggregate expenditures from all other sources for programs for controlling nonpoint pollution and improving the quality of the State's waters at or above...


section 319(h) of the Act in any fiscal year. (a) Award amount. The Regional Administrator will award no more than 15 percent of the amount appropriated to carry...


Program Grants to States (as defined in section 3 of the Toxic Substances Control Act), under section 404(g) of the Act. (b) Purpose of program. Lead-Based Paint...


way that complements any related assistance they receive from other federal sources for lead-based paint activities. State Indoor Radon Grants...


Grants to States (as defined in section 3 of the Toxic Substances Control Act, which include territories and the District of Columbia) under section 306 of the Toxic...


funds based on the criteria in EPA Guidance in accordance with sections 306(d) and (e) of the Toxic Substances Control Act. (b) No State may receive a State Indoor Radon...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.295] [Page 435] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.295 Maximum federal share. The Regional Administrator may provide State agencies up to 50 percent of the approved costs for the development and implementation of radon program activities. ...


in a Performance Partnership Grant awarded to another State Agency without consulting with the State Agency which has the primary responsibility for radon programs...


Monitoring Grants to States (as defined in section 3(13) of the Toxic Substances Control Act) under section 28(a) of the Act. (b) Purpose of program....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.312] [Page 435] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.312 Competitive process. EPA will award Toxic Substances Control Act Compliance Monitoring grant funds to States through a competitive process in accordance with national program guidance. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.315] [Page 435] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.315 Maximum federal share. The Regional Administrator may provide up to 75 percent of the approved work plan costs. ...


in a Performance Partnership Grant, the toxic substances compliance monitoring work plan commitments must be included in the Performance Partnership Grant...


Tank Grants to States (as defined in section 1004 of the Solid Waste Disposal Act) under section 2007(f)(2) of the Act. (b) Purpose of program. State Underground...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.332] [Page 436] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.332 Basis for allotment. The Administrator allots State Underground Storage Tank Grant funds to each EPA regional office. Regional Administrators award funds to States based on their programmatic needs and applicable EPA guidance. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.335] [Page 436] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.335 Maximum federal share. The Regional Administrator may provide up to 75 percent of the approved work plan costs. Pollution Prevention State Grants (Section 6605) ...


State Grants under section 6605 of the Pollution Prevention Act. (b) Purpose of program. Pollution Prevention State Grants are awarded to promote the use of...


through a competitive process in accordance with EPA guidance. When evaluating State applications, EPA must consider, among other criteria, whether the proposed State...


to the Pollution Prevention State Grants program and to Secs. 35.340 through 35.349: (a) Pollution prevention/source reduction is any practice that: (1)...


include any agency or instrumentality, including State universities, of the 50 States, the District of Columbia, the U.S. Virgin Islands, the Commonwealth of Puerto Rico,...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.348] [Page 437] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.348 Award limitation. If a State includes a Pollution Prevention State Grant in a Performance Partnership Grant, the work plan commitments must be included in the Performance Partnership Grant work plan (see Sec. 35.138). ...


exceed 50 percent of the allowable pollution prevention State grant project cost. Water Quality Cooperative Agreements...


Agreements to State water pollution control agencies and interstate agencies (as defined in section 502 of the Clean Water Act) and local government agencies...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.362] [Page 437] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.362 Competitive process. EPA will award Water Quality Cooperative Agreement funds through a competitive process in accordance with national program guidance. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.364] [Page 437] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.364 Maximum federal share. The Regional Administrator may provide up to 100 percent of approved work plan costs. State Wetlands Development Grants (Section 104(b)(3)) ...


Grants for State and interstate agencies (as defined in section 502 of the Clean Water Act) and local government agencies under section 104(b)(3) of the Act....


EPA annually establishes a deadline for receipt of proposed grant project applications. EPA reviews applications and decides which grant projects to fund in a given year...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.385] [Page 437] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.385 Maximum federal share. EPA may provide up to 75 percent of the approved work plan costs for the development or refinement of a wetlands protection and management program. State Administration (Section 205(g)) ...


to States (as defined in section 502 of the Clean Water Act) authorized under section 205(g) of the Act. [[Page 438]] (b) Purpose of program....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.402] [Page 438] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.402 Allotment. Each State may reserve up to four percent of the State's authorized construction grant allotment as determined by Congress or $400,000, whichever is greater, for section 205 (g) grants. ...


annually for recurrent section 106 program expenditures an amount of non-federal funds at least equal to such expenditures during fiscal year 1977, unless the...


(a) For construction management grants unless there is a signed agreement delegating responsibility for administration of those activities to the State. (b) For permit...


Planning Grants to States (as defined in section 502 of the Clean Water Act) authorized under section 205(j)(2) of the Act. (b) Purpose of program. EPA...


one percent of the State's construction grant allotment as determined by Congress for Water Quality Management Planning Grants under section 205(j)(2). However, Guam, the...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.415] [Page 439] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart A--Environmental Program Grants Sec. 35.415 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. ...


of the Clean Water Act. The Regional Administrator will not award these grants to a State agency: (a) Unless the agency develops its work plan jointly with...


42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub....


to all grants awarded for the following programs: (1) Performance Partnership Grants (1996 Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub....


regulation: Consolidated grant. A single grant made to a recipient consolidating funds from more than one environmental grant program. After the award is made, recipients...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.503] [Page 441] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.503 Deviation from this subpart. EPA will consider and may approve requests for an official deviation from non-statutory provisions of this regulation in accordance with 40 CFR 31.6. ...


to receive grants under the authorities listed in Sec. 35.501 only if the [[Page 442]] Consortium demonstrates that all members of the Consortium meet...


grant must: (a) Meet the requirements in 40 CFR part 31, subpart B; (b) Include a proposed work plan (Sec. 35.507 of this subpart); and (c) Specify...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.506] [Page 442] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.506 Time frame for submitting an application. An applicant should submit a complete application to EPA at least 60 days before the beginning of the proposed funding period. ...


the applicant and the Regional Administrator and reflects consideration of national, regional, and Tribal environmental and programmatic needs and priorities. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.508] [Page 443] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.508 Funding period. The Regional Administrator and applicant may negotiate the length of the funding period for environmental program grants, subject to limitations in appropriations and authorizing statutes. ...


environmental program may submit an application for a consolidated grant. For consolidated grants, an applicant prepares a single budget and work plan covering all of...


and either approve, conditionally approve, or disapprove it within 60 days of receipt. The Regional Administrator will award grants for approved or conditionally...


appropriate, the Regional Administrator may approve an application upon determining that: (1) The application meets the requirements of this subpart and 40 CFR part 31; ...


Sec. 35.511, the Regional Administrator will consider such factors as the amount of funds available for award to Indian Tribes and Intertribal Consortia, the extent...


31.23(a) (Period of availability of funds ), and OMB cost principles, EPA may reimburse recipients for pre-award costs incurred from the beginning of the funding...


program grants awarded under this subpart. The following provisions govern amendments and other changes to grant work plans and budgets after the work plan is...


Regional Administrator will develop a process for jointly evaluating and reporting progress and accomplishments under the work plan (see section 35.507(b)(2)(iv)). A...


Intertribal Consortia environmental program grants for that program have been awarded or because no grants were awarded, the Regional Administrator may, subject to...


grants for that program have been awarded or because no grants were awarded, and the Regional Administrator does not use the funds under Sec. 35.516 of...


Financial Status Report shows unexpended balances, the Regional Administrator will deobligate the unexpended balances and make them available, either to the same recipient...


35.538 govern Performance Partnership Grants to Tribes and Intertribal Consortia authorized in the Omnibus Consolidated Rescissions and Appropriations Act of 1996...


must meet: (1) The requirements in Secs. 35.500 to 35.518 of this subpart which apply to all environmental program grants, including Performance Partnership...


(b) of this section, the environmental program grants eligible for inclusion in a Performance Partnership Grant are listed in Sec. 35.501(a)(2) through (9) of...


Partnership Grant if the Tribe or each member of the Intertribal Consortium is eligible for, and the Tribe or Intertribal Consortium receives funding from, more than one...


Tribe or Intertribal Consortium may use Performance Partnership Grant funds to carry out EPA-delegated, EPA-approved, or EPA-authorized activities, such as permitting...


the sum of the amounts required for each environmental program grant included in the Performance Partnership Grant, as determined in accordance with paragraphs (b) and (c)...


contain: (a) A list of the environmental programs and the amount of funds from each program to be combined in the Performance Partnership Grant; (b) A...


an environmental program grant that is added to a Performance Partnership Grant extends beyond the end of the project period for the Performance Partnership Grant,...


Tribes and Intertribal Consortia under the Indian Environmental General Assistance Program Act of 1992 (42 U.S.C. 4368b.) (b) Purpose of program. Indian Environmental...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.543] [Page 447] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.543 Eligible recipients. The following entities are eligible to receive grants under this program: (a) Tribes and (b) Intertribal Consortia as provided in Sec. 35.504. ...


funds [[Page 448]] for planning, developing, and establishing environmental protection programs and to develop and implement solid and hazardous...


be not less than $75,000. This limitation does not apply to additional funds that may become available for award to the same Tribe or Intertribal Consortium. (b)...


grants to Tribes (as defined in section 302(r) of the Clean Air Act (CAA)) authorized under sections 105 and 301(d) of the Act and Intertribal Consortia. ...


to the Clean Air Act's section 105 grant program: Nonrecurrent expenditures are those expenditures which are shown by the recipient to be of a nonrepetitive,...


Secs. 35.570 through 35.578 if it has demonstrated eligibility to be treated as a State under 40 CFR 49.6. An Intertribal Consortium consisting of Tribes that...


Sec. 35.573(a), the Regional Administrator may provide financial assistance in an amount up to 95 percent of the approved costs of planning, developing, establishing,...


financial assistance under Sec. 35.573(b) of this subpart, the Tribe or each of the Intertribal Consortium's members must expend annually, for recurrent Section 105...


or terminate or annul an award of, financial assistance under Sec. 35.573 without prior notice and opportunity for a public hearing within the appropriate jurisdiction...


control grants to eligible Tribes and Intertribal Consortia (as defined in Sec. 35.502) authorized under sections 106 and 518 of the Clean Water Act. (b) Purpose...


reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through...


receive a section 106 grant if EPA determines that the Indian Tribe or each member of the Intertribal Consortium meets the requirements for treatment in a manner similar to...


the approved work plan costs for Tribes or Intertribal Consortia establishing a section 106 program. Work plan costs include costs of planning, developing,...


to a Tribe or Intertribal Consortium if: (1) All monitoring and analysis activities performed by the Tribe or Intertribal Consortium meets the applicable quality...


Cooperative Agreements to Tribes and Intertribal Consortia authorized under section 104(b)(3) of the Clean Water Act. These sections do not govern Water Quality...


a competitive process in accordance with national program guidance. After the [[Page 451]] competitive process is complete, the recipient can, at...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.604] [Page 451] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.604 Maximum federal share. The Regional Administrator may provide up to 100 percent of approved work plan costs. Wetlands Development Grant Program (Section 104(b)(3)) ...


grants to Tribes and Intertribal Consortia under section 104(b)(3) of the Clean Water Act. These sections do not govern wetlands development grants under...


EPA annually establishes a deadline for receipt of grant applications. EPA reviews applications and decides which grant projects to fund based on criteria established by...


costs for the development or refinement of a wetlands protection and management program. Nonpoint Source Management Grants (Sections 319(h)...


management grants to eligible Tribes and Intertribal Consortia under sections 319(h) and 518(f) of the Clean Water Act. (b) Purpose of program. Nonpoint source...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.632] [Page 451] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.632 Definition. Tribe. Any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a federal Indian reservation. ...


Nonpoint Source Management grant if EPA has determined that the Tribe or each member of the Intertribal Consortium meets the requirements for treatment in a manner similar to...


of the approved work plan costs in any fiscal year. The non-federal share of costs must be provided from non-federal sources. (b) The Regional Administrator may...


Tribe or each member of an Intertribal Consortium must agree that the Tribe or each member of the Intertribal Consortium will maintain its aggregate expenditures from all...


the Clean Water Act section 319 and 518(f) for making grants to Tribes or Intertribal Consortia. (b) Financial assistance to persons. Tribes or Intertribal...


to Tribes and Intertribal Consortia authorized under section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act for pesticide enforcement. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.641] [Page 453] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.641 Eligible recipients. Eligible recipients of pesticide enforcement cooperative agreements are Tribes and Intertribal Consortia. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.642] [Page 453] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.642 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. ...


funds to each regional office. Regional offices award funds to Tribes and Intertribal Consortia based on their programmatic needs and applicable EPA guidance. ...


certification and training grants to Tribes and Intertribal Consortia under section 23(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.649] [Page 453] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.649 Maximum federal share. The Regional Administrator may provide up to 50 percent of the approved work plan costs. Pesticide Program Implementation (Section 23(a)(1)) ...


Implementation cooperative agreements to Tribes and Intertribal Consortia under section 23(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.653] [Page 453] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.653 Eligible recipients. Eligible recipients of pesticide program implementation cooperative agreements are Tribes and Intertribal Consortia. ...


agreement funds to each Regional Office. Regional Offices award funds to Tribes and Intertribal Consortia based on their programmatic needs and applicable...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.659] [Page 453] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.659 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. Pollution Prevention Grants (Section 6605) ...


Tribes and Intertribal Consortia under section 6605 of the Pollution Prevention Act. (b) Purpose of program. Pollution Prevention Grants are awarded to promote the use...


Tribes and Intertribal Consortia through a competitive process in accordance with EPA guidance. When evaluating a Tribe's or Intertribal Consortium's application, EPA must...


and to Secs. 35.660 through 35.669: (a) Pollution prevention/source reduction is any practice that: (1) Reduces the amount of any hazardous substance, pollutant,...


as eligible to apply for a Pollution Prevention Grant if the Tribe or each member of the Intertribal Consortium: (1) Is recognized by the Secretary of...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.668] [Page 454] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.668 Award limitation. If the Pollution Prevention Grant funds are included in a Performance Partnership Grant, the Pollution Prevention work plan commitments must be included in the Performance Partnership Grant work plan. ...


exceed 50 percent of the allowable Tribe and Intertribal Consortium Pollution Prevention project cost. Public Water System Supervision (Section 1443(a) and...


system supervision grants to Tribes and Intertribal Consortia authorized under sections 1443(a) and 1451 of the Safe Drinking Water Act. (b) Purpose of program....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.672] [Page 455] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.672 Definition. Tribe. Any Indian Tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.673] [Page 455] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.673 Annual amount reserved by EPA. Each year, EPA shall reserve up to seven percent of the public water system supervision funds for grants to Tribes and Intertribal Consortia under section 1443(a). ...


the approved work plan costs. (b) The Regional Administrator may increase the maximum federal share if the Tribe or Intertribal Consortium can demonstrate in...


public water system supervision grant if the Tribe or each member of the Intertribal Consortium meets the following criteria: (a) The Tribe or each member of the...


initial award unless the Tribe or each member of the Intertribal Consortium has: (1) Met the requirements of Sec. 35.676 (Eligible recipients); (2) Established...


source protection grants to Tribes and Intertribal Consortia under section 1443(b) of the Safe Drinking Water Act. (b) Purpose of program. The Underground Water...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.682] [Page 456] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.682 Definition. Tribe. Any Indian Tribe having a federally recognized governing body carrying out substantial governmental duties and powers over any area. ...


source protection funds each year for underground water source protection grants to Tribes under section 1443(b) of the Safe Drinking...


the approved work plan costs. (b) The Regional Administrator may increase the maximum federal share if the Tribe or Intertribal Consortium can demonstrate in...


underground water source protection grant if the Tribe or each member of the Intertribal Consortium meets the following criteria: (a) The Tribe or each member of...


initial award unless the Tribe or each member of the Intertribal Consortium has: (1) Met the requirements of Sec. 35.676 (Eligible recipients); and (2) Established...


Tribes and Intertribal Consortia under section 404(g) for the Toxic Substances Control Act . (b) Purpose of program. Lead-Based Paint Program grants are awarded to...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.691] [Page 456] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.691 Funding coordination. Recipients must use the Lead-Based Paint program funding in a way that complements any related assistance they receive from other federal sources for lead-based paint activities. ...


Consortium [[Page 457]] as eligible to apply for a Lead-Based Paint Program grant if the Tribe or each member of the Intertribal Consortium: (1)...


Grants to Tribes and Intertribal Consortia under section 306 of the Toxic Substances Control Act. (b) Purpose of program. (1) Indoor Radon Grants are awarded to...


based on the criteria in EPA guidance in accordance with section 306(d) and (e) of the Toxic Substances Control Act. (b) No Tribe or Intertribal Consortium may receive...


Consortium as eligible to apply for an Indoor Radon Grant if the Tribe or each member of the Intertribal Consortium: (1) Is recognized by the Secretary of...


up to 75 percent of the approved costs for the development and implementation of radon program activities incurred by the Tribe in the first year of a grant to...


which has the primary responsibility for radon programs as designated by the affected Tribe before including Indoor Radon Grant funds in a Performance Partnership Grant...


Compliance Monitoring grants to Tribes and Intertribal Consortia under section 28 of the Toxic Substances Control Act. (b) Purpose of program. Toxic Substances...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.712] [Page 458] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.712 Competitive process. EPA will award Toxic Substances Control Act Compliance Monitoring grants to Tribes or Intertribal Consortia through a competitive process in accordance with national program guidance. ...


Consortium [[Page 459]] as eligible to apply for a Toxic Substances Compliance Monitoring grant if the Tribe or each member of the...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.715] [Page 459] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.715 Maximum federal share. The Regional Administrator may provide up to 75 percent of the approved work plan costs. ...


in a Performance Partnership Grant, the toxic substances compliance monitoring work plan commitments must be included in the Performance Partnership Grant...


program grants to eligible Tribes and Intertribal Consortia under the Departments of Veterans Affairs and Housing and Urban Development, and Independent...


or Intertribal Consortia on a competitive basis in accordance with national program guidance. After the competitive process is complete, the recipient can, at its...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.725] [Page 459] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.725 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. Underground Storage Tanks Program Grants (P.L. 105-276) ...


tank program grants to eligible Tribes and Intertribal Consortia under P.L. 105-276. (b) Purpose of program. Tribal underground storage tank program grants...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.731] [Page 459] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.731 Eligible recipients. Eligible recipients of underground storage tank program grants are Tribes and Intertribal Consortia. ...


funds to each regional office based on applicable EPA guidance. Regional offices award funds to Tribes and Intertribal Consortia based on their programmatic needs...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.735] [Page 459-460] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart B--Environmental Program Grants for Tribes Sec. 35.735 Maximum federal share. The Regional Administrator may provide up to 100 percent of the approved work plan costs. [[Page 460]] Subparts C-D [Reserved] ...


212, 215 through 217, 304(d)(3), 313, 501, 502, 511, and 516(b) of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. Source: 43 FR 44049, Sept. 27, 1978,...


this subpart is to assist municipalities in meeting enforceable requirements of the Act, particularly, applicable national pollution discharge elimination system...


financed waste treatment works is generally accomplished in three steps: Step 1, facilities plans and related elements; step 2, preparation of construction drawings...


462]] Act. The Clean Water Act (33 U.S.C. 1251 et seq., as amended). Ad valorem tax. A tax based upon the value of real property. ...


authorized to provide grant assistance for the development of an approvable municipal pretreatment program as required by part 403 of this chapter in conjunction with a step 1,...


encourage and, where possible, to assist in the development of innovative and alternative technologies for the construction of waste water treatment works. Such technologies...


grant assistance for a step 2=3 project for the combination of design (step 2) and construction [[Page 467]] (step 3) of a waste water treatment works. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.910] [Page 467] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.910 Allocation of funds. ...


specifies for each fiscal year. Except where Congress indicates the exact amount of funds which each State should receive, computation of a State's ratio will be...


35.910-5 shall remain available for obligation within that State until September 30, 1978. Such funds which remain unobligated on October 1, 1978, will be immediately reallotted...


of $9 billion is allotted from sums authorized, but initially unallotted, for fiscal years 1973, 1974, and 1975. This additional allotment shall be available for obligation...


by Public Law 94-447, 90 Stat. 1498, is available for obligation under the authority of title III of the Public Works Employment Act of 1976 (Pub. L. 94-369, 90 Stat....


(a) Under title I, chapter V of Public Law 95-26, $1 billion is available for obligation. The allotments are to be used to carry out title II of the Act, excluding sections 206, 208,...


otherwise, for each of the fiscal years 1978-1981, all funds appropriated under authorizations in section 207 of the Act will be distributed among the States based on...


$4.5 billion. These allotments are available until expended but must be obligated by September 30, 1979. After that date unobligated balances will be reallotted...


Law 95-392 appropriated $4.2 billion. These allotments are available until expended but must be obligated by September 30, 1980. After that date, unobligated balances will...


Public Law 96-103 appropriated $3.4 billion. These allotments are available until expended but must be obligated by September 30, 1981. After that date, unobligated balances will...


the 4.5 billion appropriated by Public Law 95-240 for Fiscal Year 1978, $23,902,130 remained unobligated as of September 30, 1979 and thereby became subject to reallotment. ...


capabilities of State agencies. Therefore, in the implementation of the construction grant program, optimum use will be made of available State and Federal resources. This...


be awarded from allotments according to the State priority list, based on the approved State priority system. The State priority system and list must be designed to...


portion of the priority list, the State shall provide for the establishment of the several reserves required or allowed under this section. The State shall submit a...


the requirements for facilities plans. (b) Facilities planning consists of those necessary plans and studies [[Page 479]] which directly relate...


of the following to the extent considered appropriate by the Regional Administrator: (a) A description of the treatment works for which construction drawings...


should focus upon the geographic area to be served by the waste treatment system(s) of which the proposed treatment works will be an integral part. The facilities...


eligible to receive grant assistance for subsequent phases of construction (steps 2 and 3) and which has the legal authority to subsequently construct and manage the facility...


step 1 grant assistance shall be based on the area delineated by the State under Sec. 35.917-2, subject to the Regional Administrator's review. The Regional Administrator may...


of the Clean Water Act and 40 CFR part 25, EPA, the States, and grantees shall provide for, encourage, and assist public participation in the facilities planning process...


for approval shall include adopted resolutions or, where applicable, executed agreements of the implementing governmental units, including Federal facilities, or...


must be submitted to the State agency for review. The State must certify that: (a) The plan conforms with requirements set forth in this subpart; (b) The plan...


the completed facilities plan for the Regional Administrator's approval. Where deficiencies in a facilities plan are discovered, the Regional Administrator shall promptly...


the basis for several subsequent step 2, step 3, or step 2=3 projects. A facilities plan which has served as the basis for the award of a grant for a step 2, step 3, or step...


definitions apply: (1) Individual systems. Privately owned alternative wastewater treatment works (including dual waterless/gray water systems) serving one or...


to those limitations set forth in Sec. 35.925, the grant applicant shall: (a) Certify that the principal residence or small commercial establishment was constructed...


disposal portions of toilets with composting tanks, oil-flush mechanisms or similar in-house systems are grant eligible. (b) Acquisition of land in which the...


criteria published by EPA under section 304(d)(2) of the Act shall be met for disposal of effluent on or into the soil from individual systems. Discharges to surface...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.920] [Page 487] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.920 Grant application. Grant applications will be submitted and evaluated in accordance with part 30, subpart B of this chapter. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.920-1] [Page 487] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.920-1 Eligibility. Municipalities (see Sec. 35.905), intermunicipal agencies, States, or interstate agencies are eligible for grant assistance. ...


preapplication conference, should be requested from the State agency or the appropriate EPA Regional Office for each project for which State priority has been...


1 elements. An application for a grant for step 1 shall include: (1) A plan of study presenting-- (i) The proposed planning area; (ii) An identification of...


project for a treatment works through a grant or grant amendment, the Regional Administrator shall determine that all of the applicable requirements of Sec. 35.920-3 have been...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.925-1] [Page 489] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.925-1 Facilities planning. That, if the award is for step 2, step 3, or step 2=3 grant assistance, the facilities planning requirements in Sec. 35.917 et seq. have been met. ...


with any applicable water quality management (WQM) plan approved under section 208 or section 303(e) of the Act; and that the applicant is the wastewater management...


accordance with Sec. 35.915, and that the award of grant assistance for the proposed project will not jeopardize the funding of any treatment works of...


will not cause the total of all grant assistance which applicants within a State received, including grant increases, to exceed the total of all allotments...


(a) Agreed to pay the non-Federal project costs, and [[Page 490]] (b) The legal, institutional, managerial, and financial capability to insure adequate...


permits as required by the national pollutant discharge elimination system (NPDES) with respect to existing discharges affected by the...


involving step 2) or has been (in the case of projects for step 3) based upon: (a) Appendix A to this subpart, so that the design, size, and capacity of such...


or step 2=3, the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to the project step have been met. The grantee or...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.925-9] [Page 490] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.925-9 Civil rights. That if the award of grant assistance is for a project involving step 2 or step 3, the applicable requirements of the Civil Rights Act of 1964 and part 7 of this chapter have been met. ...


for a step 3 project, that the applicant has made satisfactory provision to assure proper and efficient operation and maintenance of the treatment works (including the...


grant assistance for a project involving step 2 or step 3, the grantee has complied or will comply with the requirements for user charge and industrial cost recovery systems....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.925-12] [Page 491] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.925-12 Property. That the applicant has demonstrated to the satisfaction of the Regional Administrator that it has met or will met the property requirements of Sec. 35.935-3. ...


system work, such work (a) is for the replacement or major rehabilitation of an existing sewer system under Sec. 35.927-3(a) and is necessary to the total integrity...


comply with all pertinent requirements of applicable Federal, State and local environmental laws and regulations. (See Sec. 30.101 and subpart C of part 30 of this chapter and...


do not include (a) costs of interceptor or collector lines constructed exclusively, or almost exclusively, to serve industrial sources or (b) costs allocable to the...


do not include the proportional costs allocable to the treatment of wastes from major activities of the Federal Government. A ``major activity'' includes any Federal...


costs have been reduced by an amount equal to the unexpended balance of the amounts the applicant retains for future reconstruction and expansion under...


has not been initiated before the approved date of initiation of construction (as defined in Sec. 35.905), unless otherwise provided in this section. (a) Step...


applicable provisions of Secs. 35.935 through 35.939 with respect to procurement actions taken before the award of step 1, 2, or 3 grant assistance, such as submission of...


costs do not include costs of treatment works for control of pollutant discharges from a separate storm sewer system (as defined in...


applications for projects having a projected total step 3 grant eligible cost of $10 million or more, excluding the cost for interceptor and collector sewers, will contain a...


2 or step 3 grant assistance must demonstrate to the Regional Administrator's satisfaction that each sewer system discharging into the treatment works project for which...


demonstrate the nonexistence or possible existence of excessive infiltration/inflow in the sewer system. The analysis should identify the...


shall identify the location, estimated flow rate, method of rehabilitation and cost of rehabilitation versus cost of transportation and treatment for each defined source...


may authorize the grantee to perform minor rehabilitation concurrently with the sewer system evaluation survey in any step under a grant if sufficient funding can be...


2 or step 3 project shall demonstrate to the satisfaction of the Regional Administrator that a sewer use ordinance or other legally binding requirement will be enacted...


(but need not) certify that excessive infiltration/inflow does or does not exist. The Regional Administrator will determine that excessive infiltration/inflow does not exist...


shall approve the grantee's industrial cost recovery system and the grantee shall implement and maintain it in accordance with Sec. 35.935-15 and the requirements...


may approve an industrial cost recovery system if it meets the following requirements: (a) General. Each industrial user of the treatment works shall pay an...


industrial cost recovery payments received from industrial users as follows: (1) The grantee shall return 50 percent of the amounts received from industrial users,...


grantee's industrial cost recovery system is approved, implementation of the approved system shall become a condition of the grant. (b) The grantee shall maintain all...


require that industrial users defined in paragraphs (a) and (b) of the definition in Sec. 35.905 pay industrial cost recovery for charges incurred during the period after...


the grantee's user charge system and the grantee shall implement and maintain it in accordance with Sec. 35.935-13 and the requirements in Secs. 35.929-1 through...


approve a user charge system based on either actual use under paragraph (a) of this section or ad valorem taxes under paragraph (b) of this section. The general requirements...


based on actual use under Sec. 35.929-1(a) or ad valorem taxes under Sec. 35.929-1(b) shall also meet the following requirements: (a) Initial basis for operation...


charge system is approved, implementation of the approved system shall become a condition of the grant. (b) The grantee shall maintain such records as are necessary to...


application or amendments to it through execution of a grant agreement (including a grant amendment), in accordance with Sec. 30.345 of this subchapter, shall constitute...


award grant assistance for the following types of projects: (1) Step 1. A facilities plan and related step 1 elements (see Sec. 35.920-3(b)), if he determines that the...


grant assistance. The grant amount may not exceed the [[Page 502]] amount of funds available from the State allotments and reallotments under Sec. 35.910 et...


the project must be completed, in accordance with Sec. 30.345-1 of this chapter. This time period is subject to extension for excusable delay, at the discretion of...


for which Federal assistance is awarded under the grant. The project scope must include a step or an identified segment. Grant assistance may be awarded for a segment of...


total cost of construction that the Regional Administrator approves in the grant agreement, except as otherwise provided in paragraphs (b) and (c) of this section and...


perform the project work as specified in the grant agreement within the approved cost ceiling. If at any time the grantee believes that the costs which it expects to incur...


C and appendix A to part 30 of this subchapter), each [[Page 503]] treatment works grant shall be subject to the...


specifications by or for EPA is for administrative purposes only and does not relieve the grantee of its responsibility to design, construct, operate, and maintain the...


the applicable provisions of Secs. 35.935 through 35.939 with respect to procurement for step 1, 2, or 3 work. The Regional Administrator will cause appropriate review...


Sec. 30.810 et seq. of this subchapter with respect to all property (real and personal) acquired with project funds. (b) With respect to real property (including...


must make submittals required by Sec. 35.920-3(c), together with approvable user charge and industrial cost recovery systems and a preliminary plan of operation....


step 3-type work, the grantee must consult with the Regional Administrator concerning compliance with Davis-Bacon and other statutes referenced in Sec. 30.415 et seq....


$10,000 or more are subject to equal employment opportunity requirements under Executive Order 11246 (see part 8 of this chapter). The grantee must consult with the...


have access to the project work whenever it is in preparation or progress. The grantee must provide proper facilities for access and inspection. The grantee must allow...


provide and maintain competent and adequate engineering supervision and inspection of the project to ensure that the construction conforms with the approved plans...


initiate and complete the step 1, 2, or 3 project, or cause it to be constructed and completed, in accordance with the grant agreement and application, including...


project changes under Sec. 30.900 of this chapter, a grantee must promptly submit to the Regional Administrator a copy of any prime contract or modification of it and of...


required under Sec. 30.900-1 of this chapter, the Regional Administrator's and (where necessary) the State agency's prior written approval is required for: ...


to the Regional Administrator for assuring economic and effective operation and maintenance of the treatment works in accordance with a plan of operation approved...


the approval of the Regional Administrator of its system of user charges. (See also Sec. 35.929 et seq.) (a) Step 3 grant assistance awarded under regulations promulgated...


the State agency of the completion of step 3 project construction. The Regional Administrator shall cause final inspection to be made within 60 days of the receipt...


The grantee shall obtain the approval of the Regional Administrator of its system of industrial cost recovery. (See also Sec. 35.928 et seq.) [[Page 507]] (a)...


grantee must obtain the approval of the Regional Administrator of its sewer use ordinance under Sec. 35.927-4. (b) Except as provided in paragraphs (c) and (d) of this...


a treatment works required to train and upgrade waste treatment personnel under Secs. 35.930-1(b) and 35.920-3(e), the grantee must operate the treatment works as...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.935-18] [Page 507] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.935-18 Value engineering. A grantee must comply with the applicable value engineering requirements of Sec. 35.926. [[Page 508]] ...


the Regional Administrator of the municipal pretreatment program in accordance with part 403 of this chapter. Prior to granting such approval, the Regional Administrator...


grant assistance for innovative processes and techniques, the following conditions apply during the 5- year period following completion of construction: (a) The...


minimum standards for procurement of architectural or engineering services as defined in Sec. 35.937 and construction contracts as described in Sec. 35.938 by grantees under...


and terms shall have the meaning set forth below. All terms not defined herein shall have the meaning given to them in Sec. 30.135 of this subchapter, and in...


systems. Grantees may use their own procurement systems and procedures which meet applicable requirements of State, territorial, or local laws and ordinances to the...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.936-3] [Page 509] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.936-3 Competition. EPA's policy is to encourage free and open competition appropriate to the type of project work to be performed. ...


subagreements under EPA grants. See Sec. 35.937-7 for discussion of profits under negotiated subagreements for architectural or engineering services, and Sec....


and successful accomplishment of the project for which EPA grant assistance is awarded. The grantee is responsible for the settlement and satisfaction of all...


Federal requirements applicable to a grantee's procurement. However, where specifically provided in this chapter (e.g., Secs. 8.8(j) and 35.939), EPA is responsible...


use small business and minority-owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete...


party to any subagreement (including contracts or subcontracts), nor to any solicitation or request for proposals. (See Secs. 35.937-9(a), 35.938- 4(c)(5), and appendices C-1 and...


the Administrator under the disputes provision of a grant with respect to its subagreements (see subpart J of part 30 of this subchapter). Neither a contractor nor...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.936-10] [Page 510] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.936-10 Federal procurement regulations. Regulations applicable to direct Federal procurement shall not be applicable to subagreements under grants except as stated in this subchapter. ...


(a) Be necessary for and directly related to the accomplishment of the project work; (b) Be in the form of a bilaterally executed written agreement (except for...


excess of $10,000 shall include the following: (1) Basis for contractor selection; (2) Justification for lack of competition if competition appropriate to the type...


for bids or statement of work in connection with such works shall be written in such a manner as to contain proprietary, exclusionary, or discriminatory...


prior written approval for use of the force account method for (1) any step 1 or step 2 work in excess of $10,000; (2) any sewer rehabilitation work in excess of...


(a) To any person or organization which does not meet the responsibility standards in Sec. 30.340-2 (a) through (d) and (g) of this subchapter; (b) If any...


or standards of conduct which shall govern the performance of its officers, employees, or agents in the conduct of project work, including procurement and expenditure of...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.936-17] [Page 512] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.936-17 Fraud and other unlawful or corrupt practices. All procurements under grants are covered by the provisions of Sec. 30.245 of this subchapter relating to fraud and other unlawful or corrupt practices. ...


purchase descriptions, sealed bids, and public openings shall be the required method of procurement unless negotiation under paragraph (b) of this section is necessary...


and services when the aggregate amount involved in any one transaction does not exceed $10,000. The small purchase limitation of $10,000 applies to the...


not awarded or administered in compliance with this part or part 33 of this subchapter, as appropriate, shall be cause for disallowance of those costs. (b) Appropriate...


(a) Under Sec. 35.912 and subpart F of this part, the Regional Administrator may delegate authority to a State agency to review and certify the technical and...


of treatment works or contracts for sewer system rehabilitation exceeding $100,000, each bidder must furnish a bid guarantee equivalent to 5 percent of the bid price....


as Sec. 35.937-2 otherwise provides, the provisions of Secs. 35.937 through 35.937-11 apply to all subagreements of grantees for architectural or engineering...


percentage-of- construction-cost contracts are prohibited. Cost reimbursement, fixed price, or per diem contracts or combinations of these may be negotiated...


or (2) of this section provide, must be given of the requirement for architectural or engineering services for all subagreements with an anticipated price in excess...


of firms which responded to the announcement or were on the prequalified list and shall uniformly evaluate the firms. (b) Qualifications shall be evaluated through...


services proposals must be sent to no fewer than three candidates who either responded to the announcement or who were selected from the prequalified list. If, after good...


for architectural or engineering services. Contract procurement including negotiation may be performed by the grantee directly or by another non- Federal...


cost or price of all subagreements and amendments to them must be considered. For each subagreement in excess of $10,000 but not greater than $100,000, grantees shall use...


sound business judgment and good administrative practice including the determination of a fair and reasonable profit based on the firm's assumption of risk and input to...


and approval by the EPA Project Officer if required under Sec. 35.937-6(b), the grantee may award the contract. Unsuccessful candidates should be...


statement. Requests for qualifications or proposals must include the following statement, as well as the proposed terms of the subagreement. Any contract...


The grantee shall make payment to the engineer in accordance with the payment schedule incorporated in the engineering agreement or in accordance with paragraph 7b of appendix C-1 to...


already in existence may not comply with the requirements of Secs. 35.936 and 35.937. Appendix D to this subpart contains EPA policy with respect to these...


(a) Neither award and execution of subcontracts under a prime contract for architectural or engineering services, nor the procurement and negotiation procedures...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.938] [Page 520] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.938 Construction contracts (subagreements) of grantees. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.938-1] [Page 520] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.938-1 Applicability. This section applies to construction contracts (subagreements) in excess of $10,000 awarded by grantees for any step 3 project. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.938-2] [Page 520] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.938-2 Performance by contract. The project work shall be performed under one or more contracts awarded by the grantee to private firms, except for force account work authorized by Sec. 35.936-14. ...


unit price or a combination of the two) contract, unless the Regional Administrator gives advance written approval for the grantee to use some other acceptable type of...


unless negotiation is permitted in accordance with Sec. 35.936-18. Formal advertising shall be in accordance with the following: (a) Adequate public notice....


Grantees are responsible for negotiation of construction contract change orders. This function may be performed by the grantee directly or, if authorized, by...


except as State law otherwise provides, grantees should make prompt progress payments to prime contractors and prime contractors should make prompt progress payment...


portion of the amount otherwise due the contractor. Except as State law otherwise provides, the amount the grantee retains shall be limited to the following: (1) Withholding...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.938-8] [Page 525] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.938-8 Required construction contract provisions. Each construction contract must include the ``Supplemental General Conditions'' set forth in appendix C-2 to this subpart. ...


subcontracts by a prime contractor under a construction contract awarded to the prime contractor by the grantee, and the procurement and negotiation procedures used by...


the procurement requirements of Secs. 35.936 through 35.938-9 of this subpart may be filed against a grantee's procurement action by a party with an adversely affected...


accordance with Sec. 35.945, for the Federal share of all necessary costs within the scope of the approved project and determined to be allowable in accordance with...


of salaries, benefits, and expendable material the grantee incurs for the project, except as provided in Sec. 35.940-2(g); (b) Costs under construction contracts; ...


a treatment works project are unallowable. Such costs include, but are not limited to: (a) Basin or areawide planning not directly related to the project; ...


for the construction of a treatment works. The following costs are allowable if reasonable and if the Regional Administrator approves them in the grant agreement. ...


an indirect cost agreement negotiated and incorporated in the grant agreement. An indirect cost agreement must identify those cost elements allowable under Sec. 35.940-1....


any questions relating to cost allowability or allocation at its earliest opportunity (if possible, before execution of the grant agreement). Final determinations...


project costs incurred within the scope of an approved project and which are currently due and payable from the grantee (i.e., not including withheld or deferred...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.950] [Page 531] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart E--Grants for Construction of Treatment Works--Clean Water Act Sec. 35.950 Suspension, termination or annulment of grants. Grants may be suspended under Sec. 30.915, or terminated or annulled under Sec. 30.920. The State agency shall be concurrently notified in writing of any such action. ...


under Sec. 30.900-1 of this chapter for project changes which have been approved under Secs. 30.900 and 35.935-11 of this subchapter. However, no grant agreement may be...


of a project (see Sec. 35.915(h)) or a grant applicant (see Sec. 35.920-1), on the Federal share (see Sec. 35.930-5(b)), or on any dispute arising under a grant...


failed to comply with any provision of this subpart, he may impose any of the following sanctions: (a) The grant may be terminated or annulled under Sec. 30.920 of...


failed to comply with any provision of this subpart, he may impose any of the following sanctions: (a) The grant may be terminated or annulled under Sec. 30.920 of...
...


314, 501 and 518, Clean Water Act (86 Stat. 816, 33 U.S.C. 1251 et seq.). Source: 45 FR 7792, Feb. 5, 1980, unless otherwise noted. This...


program. (a) Under section 314 of the Clean Water Act, EPA may provide financial assistance to States to implement methods and procedures to protect and...


The terms used in this subpart have the meanings defined in sections 502 and 518(h) of the Act. In addition, the following terms shall have the meaning set forth below. [45...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.1605-1] [Page 556] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart H--Cooperative Agreements for Protecting and Restoring Publicly Owned Freshwater Lakes Sec. 35.1605-1 The Act. The Clean Water Act, as amended (33 U.S.C. 1251 et seq.). ...


Any inland pond, reservoir, impoundment, or other similar body of water that has recreational value, that exhibits no oceanic and tidal influences, and that has a total...


A freshwater lake that offers public access to the lake through publicly owned contiguous land so that any person has the same opportunity to enjoy...


Pollution sources which generally are not controlled by establishing effluent limitations under sections 301, 302, and 402 of the Act. Nonpoint source pollutants are not...


A lake that exhibits any of the following characteristics: (a) Excessive biomass accumulations of primary producers; (b) Rapid organic and/or inorganic sedimentation...


A relative description of a lake's biological productivity based on the availability of plant nutrients. The range of trophic conditions is characterized by the terms...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.1605-7] [Page 557] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart H--Cooperative Agreements for Protecting and Restoring Publicly Owned Freshwater Lakes Sec. 35.1605-7 Desalinization. Any mechanical procedure or process where some or all of the salt is removed from lake water and the freshwater portion is returned to the lake. ...


A two-part study to determine a lake's current condition and to develop possible methods for lake restoration and protection. (a) The diagnostic portion of...


40 CFR 130.6(d). A Tribe meeting the requirements set forth at 40 CFR 130.6(d). [54 FR 14359, Apr. 11, 1989, as amended at 56 FR 13817, Mar....


EPA shall award cooperative agreements for restoring publicly owned freshwater lakes only to the State agency designated by the State's Chief Executive. The award will be for...


(a) For each fiscal year EPA will notify each Regional Administrator of the amount of funds targeted for each Region through annual clean lakes program guidance. To assure...


States may make financial assistance available to substate agencies by means of a written interagency agreement transferring project funds from the State to those agencies....


(a) EPA will process applications in accordance with subpart B of part 30 of this subchapter. Applicants for assistance under the clean lakes program shall submit EPA...


EPA will provide assistance in two phases in the clean lakes program. (a) Phase 1--Diagnostic-feasibility studies. Phase 1 awards of up to $100,000 per award...


(a) All applications shall contain a written State certification that the project is consistent with State Water Quality Management work program (see Sec. 35.1513...


Phase 2 applicants shall submit an evaluation of the environmental impacts of the proposed project in accordance with the requirements in appendix A of...


(a) General. (1) In accordance with this part and part 25 of this chapter, the applicant shall provide for, encourage, and assist public participation in developing...


priority lists. (a)(1) A State shall submit to the Regional Administrator as part of its annual work program (Sec. 35.1513 of this subchapter) a description of...


EPA will not award funds under this subpart without review and consultation in accordance with the requirements of Executive Order 12372, as implemented in 40 CFR part...


States that wish to participate in the clean lakes program shall establish and submit to EPA by January 1, 1982, a classification, according to trophic condition,...


EPA will review applications as they are received. EPA may request outside review by appropriate experts to assist with technical evaluation. Funding decisions...


(a) When evaluating applications, EPA will consider information supplied by the applicant which address the following criteria: [[Page 561]] ...


CFR 30.345, generally 90 days after EPA has received a complete application, the application will either be: (1) Approved for funding in an amount determined to be appropriate...


(a) The project period for Phase 1 projects shall not exceed three years. (b) The project period for Phase 2 projects shall not exceed four years. Implementation of...


(a) Before awarding assistance, the Regional Administrator shall determine that: (1) The applicant has met all of the applicable requirements of Sec. 35.1620...


(a) All awards. (1) All assistance awarded under the Clean Lakes program is subject to the EPA General Grant conditions (subpart C and appendix A of part 30 of...


(a) Under Sec. 30.615 of this chapter, EPA generally will make payments through letter of credit. However, the Regional Administrator may place any recipient on advance payment or on...


(a) The State will be paid under Sec. 35.1650-4 for the Federal share of all necessary costs within the scope of the approved project and determined to be allowable under 40...


(a) States with Phase 1 projects shall submit semi-annual progress reports (original and one copy) to the EPA project officer within 30 days after the end of every other...


208(d), 210 through 212, 215 through 219, 304(d)(3), 313, 501, 502, 511 and 516(b) of the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. Source: 49 FR 6234, Feb....


to them in 40 CFR parts 30 and 33. (b) As used in this subpart, the following words and terms mean: (1) Act. The Clean Water Act (33 U.S.C. 1251 et seq.,...


Congress specifies for each fiscal year (FY). The allotment for each State and the availability period shall be announced each fiscal year in the Federal Register....


in that State's water pollution control revolving fund as a capitalization grant in accordance with 40 CFR 35.5020 (f) and (g). [55 FR 27095, June...


will award grant assistance from annual allotments to projects on a State project priority list developed in accordance with an approved State priority system....


required or authorized under this section. The amount of each mandatory reserve shall be based on the allotment to each State from the annual appropriation under...


(g) shall be reallotted if not obligated during the allotment period (Sec. 35.2010(b) and (d)). Such reallotted sums are not subject to reserves. The State...


the Regional Administrator shall make grants to the States to carry out water quality management planning including but not limited to: (1) Identifying the...


Sec. 35.2015(b)(2)(iv), after September 30, 1984, upon request from a State, the Administrator may award a grant under section 201(n)(1) of the Act from the State...


grant agreements will include an allowance for facilities planning and design of the project and Step 7 agreements will include an allowance for facility planning in accordance...


necessary plans and studies which directly relate to treatment works needed to comply with enforceable requirements of the Act. Facilities planning will investigate the need...


technologies. Projects or portions of projects using unit processes or techniques which the Regional Administrator determines to be innovative or alternative...


grant to build privately owned treatment works serving one or more principal residences or small commercial establishments. (b) In addition to those applicable limitations...


award a grant for 100 percent of the cost, including planning and design costs, of modification or replacement of RBCs which have failed to meet design...


award a design/build (Step 7) project grant provided that: (1) The proposed treatment works has an estimated total cost of $8 million or less; (2)...


applications to the State. In addition to the information required in parts 30 and 33 of this subchapter, applicants shall provide the following information: (a)...


ensure that they are complete. When the State determines the proposed project is entitled to priority it shall forward the State priority certification and, except...


design drawings and specifications or other documents by or for EPA is for administrative purposes only and does not relieve the grantee of its responsibility...


for any project the Regional Administrator shall approve the facilities plan and final design drawings and specifications and determine that the applicant and...


assistance only after the project has been reviewed under EPA's advanced treatment review policy. This review must be completed before submission of any application....


any treatment works project, the Regional Administrator shall first determine that the project is: (a) Included in any water quality management plan being implemented...


Sec. 35.2015, and the award of grant assistance for the project shall not jeopardize the funding of any project of higher priority under the approved...


pay the non-Federal project costs; (2) Demonstrate the legal, institutional, managerial, and financial capability to ensure adequate building and operation and maintenance...


of any individual, organization, or unit of government for facilities planning or design work whose name appears on the master list of debarments, suspensions, and...


development of: An operation and maintenance manual; an emergency operating program; personnel training; an adequate budget consistent with the user charge...


the applicant shall submit the executed intermunicipal agreements, contracts or other legally binding instruments necessary for the financing, building and operation...


segment of a treatment works, subject to the limitations of Sec. 35.2123, although that phase or segment does not result in compliance with the enforceable requirements of...


provide the Federal share of an allowance under appendix B and the estimated allowable cost of the project only if: [[Page 586]] (a) The population of...


provide assurance of access to the systems at all reasonable times for such purposes as inspection, monitoring, building, operation, rehabilitation...


for projects that discharge into stream segments which have not, at least once since December 29, 1981, had their water quality standards reviewed and revised or new...


a secondary treatment requirement waiver under section 301(h) of the Act, a plan must be submitted which contains a modified scope of work, a schedule for completion of...


chapter must be completed before submission of any application. The potential applicant should work with the State and EPA as early as possible in the facilities planning...


applicant shall conduct value engineering if the total estimated cost of building the treatment works is more than $10 million. (b) The value engineering...


collection system work, such work: (a) Shall be for the replacement or major rehabilitation of an existing collection system which was not build with Federal...


3 work performed before award of grant assistance for that project, except: (1) In emergencies or instances where delay could result in significant cost increases, the...


Administrator's satisfaction that each sewer system discharging into the proposed treatment works project is not or will not be subject to excessive infiltration/inflow....


for Step 3 grant assistance, unless it is solely for acquisition of eligible land, the applicant must obtain the Regional Administrator's approval of its user charge system...


(a) If EPA awarded a grant for a Step 3 interceptor segment before December 29, 1981, EPA may award grants for remaining interceptor segments included in the...


be provided for a project unless the project is included in a complete waste treatment system and the principal purpose of both the project and the system is for the treatment...


treat wastewater produced by a facility that is owned and operated by the Federal Government which contributes more than 250,000 gallons per day or 5 percent of the...


35.2208) or other legally binding document shall prohibit any new connections from inflow sources into the treatment works and require that new sewers and connections to...


be designed to produce adequate revenues required for operation and maintenance (including replacement). It shall provide that each user which discharges pollutants...


based on the sum of the total Step 3 or Step 7 allowable costs and the allowance established in the grant agreement under appendix B. Except as provided elsewhere in this...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.2200] [Page 591] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart I--Grants for Construction of Treatment Works Sec. 35.2200 Grant conditions. In addition to the EPA General Grant Conditions (part 30 of this subchapter), each treatment works grant shall be subject to the conditions under Secs. 35.2202 through 35.2218. ...


a Step 2+3 grantee shall submit for Regional Administrator review and written approval the information required under Sec. 35.2040(b)(7). (b) Before...


Step 7 grantee shall submit for Regional Administrator review and written approval the information required under Sec. 35.2040(b)(7). (b) Before approving a Step 7...


the objectives of the project and within the scope of the grant agreement do not require the execution of a formal grant amendment before the grantee's implementation of...


of this regulation. Except as provided in paragraph (c) of this section, for Step 2+3 or Step 3 grants awarded on or after the effective date of this regulation, the...


and maintenance (including replacement) of the treatment works. (b) Except as provided in paragraphs (c) (1) and (2) of this section, the Regional...


its sewer use ordinance and implement its user charge system developed under Secs. 35.2130 and 35.2140 before the treatment works is placed in operation. Further, the grantee...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.2210] [Page 593] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart I--Grants for Construction of Treatment Works Sec. 35.2210 Land acquisition. The grantee shall not acquire real property determined allowable for grant assistance until the Regional Administrator has determined that applicable provisions of 40 CFR part 4 have been met. ...


submit a report containing the procedure, cost, results and conclusions of any field testing. The report shall be submitted to the Regional Administrator in accordance with...


project, in accordance with the project schedule contained in the grant application and agreement. Failure to promptly initiate and complete a project may result in...


the grant agreement including: The facilities plan that establishes the need for the project; the design drawings and specifications; the plan of operation under...


the Regional Administrator when the building of the project is complete. Final inspection [[Page 594]] shall be made by the Regional Administrator after receipt of...


writing of the actual date of initiation of operation. (b) Subject to the provisions of 40 CFR part 33, the grantee shall select the engineer or engineering firm...


allowable costs of the project based on applicable provisions of laws and regulations, the scope of the approved project, Sec. 30.705 of this subchapter, and appendix A of...


for the acquisition of eligible land, the following provisions are deferred until the award of the ensuing Step 3 assistance for the building of facilities: Secs....


innovative or alternative wastewater process and techniques, the following provisions are deferred until the award of assistance for building the approved facilities:...


pay the Federal share of the allowance under [[Page 595]] Sec. 35.2025 and the allowable project costs incurred to date and currently due and payable...


pay the Federal share of the allowance under [[Page 595]] Sec. 35.2025 and the allowable project costs incurred to date and currently due and payable...
...


as amended, 33 U.S.C. 1251 et. seq. Source: 48 FR 37818, Aug. 19, 1983, unless otherwise noted. (a) This regulation establishes policies and procedures...


construction grant program to the maximum extent possible consistent with the objectives of the Act, prudent fiscal management, and EPA's overall national...


Regional Administrator must determine that the unit of the State agency designated to implement the agreement is capable of carrying out the delegated functions. The...


of this section, the Regional Administrator may delegate to the State agency authority to review and certify all construction grant documents required before and after grant...


the Regional Administrator for each construction grant project application submitted to EPA for award. The certification must state that all Federal requirements,...


review the performance of a delegated State through an annual overview program, developed in accordance with procedures agreed to in the delegation agreement...


grantee who has been adversely [[Page 606]] affected by a State's action or omission may request Regional review of such action or omission, but must...


approval, and substantial revision of the delegation agreement will be in accordance with the requirements of section 101(e) of the Act, part 25 of this chapter, and...


the Clean Water Act, as amended, 33 U.S.C. 1285(m), 33 U.S.C. 1361(a), 33 U.S.C. 1381- 1387. Source: 55 FR 10178, Mar. 19, 1990, unless otherwise noted. ...


this rule shall have the same meaning they are given in 40 CFR part 31 and 40 CFR part 35, subpart I. (a) Act. The Federal Water Pollution Control Act, more commonly...


may award a capitalization grant, the State must establish an SRF that complies with section 603 of the Act and this rule. (b) SRF accounts. The SRF can be established...


grants. SRF balances must be available in perpetuity and must be used solely to provide loans and other authorized forms of financial assistance: (a) To...


financial assistance. (a) Loans. The SRF may award loans at or below market interest rates, or for zero interest. (1) Loans may be awarded only if: (i)...


makes a loan in part to finance the cost of facility planning and preparation of plans, specifications, and estimates for the building of treatment works and the...


must contain or incorporate by reference the State's application, Intended Use Plan, agreed upon payment schedule, State environmental review process and certifications...


accept payments. The State must agree to accept grant payments in accordance with the negotiated payment schedule. (b) Provide a State match. The State must agree to deposit into...


conduct reviews of the potential environmental impacts of all section 212 construction projects receiving assistance from the SRF, including nonpoint source pollution...


to comply and to require all recipients of funds ``directly made available by'' capitalization grants to comply with applicable Federal authorities. (b) Informing EPA....


the intended uses of the funds in the SRF and describing how those uses support the goals of the SRF. This Intended Use Plan (IUP) must be prepared annually and must...


a capitalization grant a draft payment schedule based on the State's projection of binding commitments in its IUP. The payment schedule and the specific...


SRF receives a request from a loan recipient, based on incurred costs, including prebuilding and building costs. (b) Refinance or purchase of municipal debt. (1) Cash draw...


to the RA beginning the first fiscal year after it receives payments under title VI. The State should submit this report to the RA according to the schedule established in...


with requirements under title VI, the RA will notify the State of such noncompliance and prescribe the necessary corrective action. Failure to satisfy the terms of...


Water Act, as amended, 42 U.S.C. 300j-12. Source: 65 FR 48299, Aug. 7, 2000, unless otherwise noted. (a) This subpart codifies and implements...


Act. The Safe Drinking Water Act (Public Law 93-523), as amended in 1996 (Public Law 104-182). 42 U.S.C. 300f et seq. Administrator. The Administrator of the EPA or...


grant, a State must establish a Fund and comply with the other requirements of section 1452 of the Act and this subpart. (b) Administration. Capitalization...


receive a minimum of one percent of the funds available for allotment to all of the States. (2) Allotment formula. Funds available to States from fiscal year...


(a) Eligible systems. Assistance from the Fund may only be provided to: (1) Privately-owned and publicly-owned community water systems and non-profit...


types of assistance from the Fund: (a) Loans. (1) A State may make loans at or below the market interest rate, including zero interest rate loans. Loans may be...


monies deposited into the Fund prior to disbursement of assistance (e.g., on reserve accounts used as security or guarantees). Monies deposited must not remain in the...


its capitalization grants for the set-aside categories described in paragraphs (b) through (e) of this section, provided that the amount of set-aside funding does not exceed...


grant or enters into a cooperative agreement with an assistance recipient to conduct set-aside activities, the recipient must comply with general grant regulations at 40 CFR...


application to EPA in order to receive a capitalization grant award. Approval of an application results in EPA and the State entering into a capitalization...


agree to comply with this subpart, the general grant regulations at 40 CFR part 31, and specific conditions of the grant. A State must also agree to the following requirements...


describes how it intends to use DWSRF program funds to support the overall goals of the DWSRF program and contains the information outlined in paragraph (c) of this section....


capitalization grant payment in the form of an increase to the ceiling of funds available through the ACH, made in accordance with a payment schedule negotiated between...


A State may draw cash for the authorized types of assistance from the Fund described in Sec. 35.3525 according to the following rules: (a) Loans--(1) Eligible project costs....


Biennial Report to the RA describing how it has met the goals and objectives of the previous two fiscal years as stated in the IUPs and capitalization grant agreements,...


number of Federal laws, executive orders, and government-wide policies apply by their own terms to projects and activities receiving Federal financial assistance, regardless...


in paragraph (b) of this section, a State must conduct environmental reviews of the potential environmental impacts of projects and activities...


section and the enforcement provisions of the general grant regulations at 40 CFR 31.43 if a determination is made that a State has not complied with its capitalization...


Comp., p. 193. Source: 65 FR 58858, Oct. 2, 2000, unless otherwise noted. General The Environmental...


for your group to obtain technical assistance in interpreting information with regard to a Superfund site. EPA awards TAGs to promote public participation in decision...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.4010] [Page 641] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart M--Grants for Technical Assistance Sec. 35.4010 What does this subpart do? This subpart establishes the program-specific regulations for TAGs awarded by EPA. [[Page 642]] ...


Yes, the regulations at 40 CFR part 30 also apply to TAGs. 40 CFR part 30 establishes uniform administrative requirements for Federal grants and agreements to institutions of...


which regulations should my group follow? You should follow the regulations in 40 CFR part 30, except for the following provisions from which this subpart deviates: ...


have specific meanings that are described inSec. 35.4270, Definitions. The first time these words are used they are marked with quotation marks, for example, ``EPA.'' ...


a TAG if: (1) You are a group of people who may be ``affected'' by a release or a threatened release at any facility listed on the National Priorities List (``NPL'')...


your group eligible by establishing an identity separate from that of the PRP or other ineligible entity by making a reasonable demonstration of independence from the...


your capacity as an individual in a group receiving a TAG, but you may not represent the interests of an ineligible entity. However, we may prohibit you from participating in...


Yes, EPA uses the same criteria found in Sec. 35.4020 in evaluating the eligibility of your group or any group of individuals who may be affected by a release or a...


for a site at any one time. However, the recipient of the grant can be changed when: (1) EPA and the recipient mutually agree to terminate the current TAG or the...


groups which form out of a coalition agreement, must incorporate as a nonprofit corporation for the purpose of participating in decision making at the Superfund site for which...


percent of the total cost of the TAG project unless EPA waives the match under Sec. 35.4055. (b) Under 40 CFR 30.23, your group may use ``cash'' and/or...


or part of your matching funds requirement if we: [[Page 644]] (1) Have not issued the ``Record of Decision'' (``ROD'') at the last ``operable unit'' for...


money your group can receive through a TAG: ------------------------------------------------------------------------ Then...


your grant may waive your group's $50,000 limit if your group demonstrates that: (1) If it received previous TAG funds, you managed those funds effectively; and ...


procure a technical advisor(s) to help you understand the nature of the environmental and public health hazards at the site, the various stages of health and...


the following activities: (a) Lawsuits or other legal actions; (b) Attorney fees for services: (1) Connected to any kind of legal action; or (2) That could,...


(a) EPA pays your group by reimbursing you for ``allowable'' costs, which are costs that are: (1) Grant related; [[Page 646]] (2) ``Allocable''; ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.4085] [Page 646] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart M--Grants for Technical Assistance Sec. 35.4085 Can my group get an ``advance payment'' to help us get started? Yes, a maximum of $5,000.00 in the form of an advance payment is available to new recipients. ...


group must submit in writing a request for an advance payment and identify what activities, goods or services your group requires. (b) Your EPA regional office...


only for the purchase of supplies, postage, the payment of the first deposit to open a bank account, the rental of equipment, the first month's rent of office...


may incur prior to the award of a grant from EPA are costs associated with incorporation but you do so at your own risk. (b) If you are awarded a TAG, EPA may reimburse...


obtaining a TAG, your group should first submit to its EPA regional office a Letter of Intent. (The addresses of EPA's regional offices' TAG Coordinators are listed in...


intends to apply for a TAG, and should identify: (a) The name of your group; (b) The Superfund site(s) for which your group intends to submit an application; and ...


shows what EPA does when it receives the first LOI from a group: [[Page 647]] ------------------------------------------------------------------------ ...


form a coalition or submit a separate LOI? Your group has 30 days (from the date the public notice appears in your local newspaper) to submit documentation that you have formed...


applying for your TAG is determining whether your state requires review of your grant application. This review allows your governor to stay informed about the variety of...


requirements, you must prepare a TAG application on EPA SF-424, Application for Federal Assistance, or those forms and instructions provided by EPA that...


(a) You will spend the money and how the spending meets the objectives of the TAG project; (b) Your group will provide the required cash and/or in-kind...


covers (the ``funding period'' of your grant) will be: (a) One which best accommodates your needs; (b) Negotiated between your group and EPA; and (c)...


how your group: (1) Will organize; (2) Intends to use personnel you will procure for management/ coordination and technical advice; and (3) Will share...


(a) Your group must file your application with your EPA regional office within the second 30 days after the date the public notice appears in your local...


application and send you a letter containing written comments telling you what changes need to be made to the application to make it complete. (b) Your group has 90 days...


meets the eligibility requirements in Sec. 35.4020 the Agency considers whether and how successfully your group meets these criteria, each of which are of equal weight: ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.4160] [Page 648] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart M--Grants for Technical Assistance Sec. 35.4160 What does EPA do if more than one group applies for a TAG at the same site? When multiple groups apply, EPA will rank each applicant relative to other applicants using the criteria in Sec. 35.4155. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.4161] [Page 648] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart M--Grants for Technical Assistance Sec. 35.4161 Does the TAG application process affect the schedule for work at my site? No, the schedule for response activities at your site is not affected by the TAG process. ...


including during operation and maintenance, but we will not award a TAG before the start of your site's response action if the site is proposed for listing on the NPL. ...


to complete at various points during the life of your group's grant; the number varies based on whether you receive an...


report requirements Sec. 35.4170 describes, EPA requires your group to: (a) Comply with any reporting requirements in the terms and conditions of the ``grant agreement''; ...


financial records for ten years from the date of the final Financial Status Report, or until any audit, litigation, cost recovery, and/or disputes initiated before the end of...


must send to EPA a copy of each final written product your advisor prepares for you as part of your TAG. We will send them to the local Superfund site information repository(ies)...


technical advisor who possesses the following credentials: (1) Demonstrated knowledge of hazardous or toxic waste issues, relocation issues, redevelopment issues or...


other contractor under the grant? Your group may not hire the following: (a) The person(s) who wrote the specifications for the ``contract'' and/or who...


contractors your group: (a) Cannot award cost-plus-percentage-of-cost contracts; and (b) Must award only to responsible contractors that possess the ability to...


contractors your group must also: (a) Provide opportunity for all qualified contractors to compete for your work (see Sec. 35.4210); (b) Keep written records of...


to be taken to procure goods and/or services depends on the amount of the proposed procurement: ------------------------------------------------------------------------ ...


other contractor? In situations where only one adequate bidder can be found, your group may request written authority from the EPA award official to contract with...


Your group must require any prospective contractor on any contract to provide, with its bid or proposal: (a) Information on its financial and business relationship with...


If, after evaluating the information in Sec. 35.4220, your group decides a prospective contractor has a significant conflict of interest that cannot be avoided or otherwise...


For contractual responsibilities, your group, not EPA: (a) Is responsible for resolving all contractual and administrative issues arising out of contracts you enter into under...


include the following provisions in each of its contracts: (a) Statement of work; (b) Schedule for performance; (c) Due dates for deliverables; (d)...


A TAG contractor must comply with the following provisions when awarding subcontracts: (a) Section 35.4205 (b) pertaining to documentation; (b) Section 35.4205 (c) and...


40 CFR 30.63 and 31.70 will govern disputes except that, before you may obtain judicial review of the dispute, you must have requested the Regional Administrator to review...


grant if your group materially fails to comply with the terms and conditions of the TAG and the requirements of this subpart. (b) EPA may also terminate your grant...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.4255] [Page 653] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart M--Grants for Technical Assistance Sec. 35.4255 Can my group terminate our TAG? Yes, your group may terminate your TAG by sending EPA written notification explaining the reasons for the termination and the effective date. ...


our award? EPA may take one or more of the following actions, under 40 CFR 30.62, depending on the circumstances: (a) Temporarily withhold advance payments...


the approved project period of the TAG, your group must submit all financial, performance and other reports as required by Sec. 35.4180. Upon request from your group, EPA...


means a payment made to a recipient before ``outlays'' are made by the recipient. Affected means subject to an actual or potential health, economic or...


subparts, forms)? EPA Headquarters and the regional offices that follow have the documents this subpart references available if you need them: (a) TAG...


U.S.C. 9601 et seq. Source: 55 FR 23007, June 5, 1990, unless otherwise noted. General This regulation is...


(a) This regulation codifies recipient requirements for administering CERCLA-funded Cooperative Agreements. This regulation also codifies requirements for administering...


This regulation applies to States, political subdivisions and Indian Tribes. Indian Tribes are only eligible to receive Superfund Cooperative Agreements or Superfund State Contracts...


(a) As used in this subpart, the following words and terms shall have the meanings set forth below: (1) Activity. A set of CERCLA-funded tasks that makes up a segment of...


The recipient must comply with the Federal laws described in 40 CFR 31.13, Principal Environmental Statutory Provisions; Public Law 98-473, as implemented in the...


On a case-by-case basis, EPA will consider requests for an official deviation from the non-statutory provisions of this regulation. Refer to the requirements...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6050] [Page 661] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6050 Eligibility for pre-remedial Cooperative Agreements. States, political subdivisions, and Indian Tribes may apply for pre- remedial response Cooperative Agreements. ...


Agreements. (a) To receive a State-lead pre-remedial Cooperative Agreement, the applicant must submit an ``Application for Federal Assistance'' (SF-424)...


Cooperative Agreements. (a) If the Award Official determines that a political subdivision's lead involvement in pre-remedial activities would be more...


Agreements. The Indian Tribe must comply with all of the requirements described in Sec. 35.6055 of this subpart, except for the intergovernmental...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6100] [Page 662] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6100 Eligibility for remedial Cooperative Agreements. States, Indian Tribes, and political subdivisions may apply for remedial response Cooperative Agreements. ...


To receive a State-lead remedial Cooperative Agreement, the applicant must submit the following items to EPA: (a) Application form, as described...


Agreements. (a) Application requirements. The Indian Tribe must comply with all of the requirements described in Sec. 35.6105(a) and, if appropriate,...


Cooperative Agreements. (a) General. If both the State and EPA agree, a political subdivision with the necessary capabilities and jurisdictional authority may...


out-of-Indian Tribal jurisdiction transfer of CERCLA waste. (a) The recipient must provide written notification of off-site shipments of CERCLA waste from a site...


Agreements. Pursuant to CERCLA section 104(d), States, political subdivisions thereof, [[Page 666]] and Indian Tribes may apply for...


enforcement Cooperative Agreements. An enforcement Cooperative Agreement application from a State, political subdivision or Indian Tribe may request funding...


Indian Tribe-lead enforcement Cooperative Agreements. (a) The State, political subdivision or Indian Tribe must comply with the requirements described in...


When a planning period of more than six months is available, States, political subdivisions and Indian Tribes may apply for removal...


(a) The State must comply with the requirements described in Sec. 35.6105(a) of this subpart. To the extent practicable, the State must comply with the...


Agreements. (a) States and Indian Tribes may apply for Core Program Cooperative Agreements in order to conduct CERCLA implementation activities that are...


The recipient of a Core Program Cooperative Agreement must comply with the requirements regarding financial administration (Secs. 35.6270 through 35.6290 of this subpart), property...


Core Program Cooperative Agreements. To be eligible for funding under a Core Program Cooperative Agreement, activities must support a recipient's abilities...


To receive a Core Program Cooperative Agreement, the applicant must submit an application form (``Application for Federal Assistance,'' SF- 424, for...


The recipient of a Core Program Cooperative Agreement must provide at least ten percent of the direct and indirect costs of all activities covered by the Core Program...


Agreements. States, political subdivisions, and Indian Tribes may apply for support agency Cooperative Agreements to ensure their meaningful and...


Support agency activities are those activities conducted by the recipient to ensure its meaningful and substantial involvement. The activities described in section 121(f)(1)...


requirements. (a) Application requirements. The applicant must comply with the requirements described in Sec. 35.6105(a) (1), (4), (5) and (6), and...


The requirements for cost sharing under a support agency Cooperative Agreement are the same as the cost sharing requirements of Sec. 35.6105(b)(2) of this subpart. The State may...


systems. (a) Accounting system standards. (1) General. The recipient's system must track expenses by site, activity, and, operable unit, as applicable,...


(a) The recipient must comply with the requirements regarding the availability of funds described in 40 CFR 31.23. (b) Except as permitted in Sec. 35.6285, the...


(a) General. In addition to the following requirements, the recipient must comply with the requirements regarding payment described in 40 CFR 31.21 (f) through (h). (1)...


costs. The recipient may pay for its share of response costs using cash, services, credits or any combination of these, as follows: (a) Cash. The recipient may...


The recipient must comply with the requirements regarding program income described in 40 CFR part 31.25. Personal Property Requirements Under a...


and use requirements. (a) General. (1) Property may be acquired only when authorized in the Cooperative Agreement. (2) The recipient must acquire the...


To obtain supplies, the recipient must agree to comply with the requirements in Secs. 35.6300, 35.6315(b), 35.6325 through 35.6340, and 35.6350 of this subpart. Supplies...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6310] [Page 672] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6310 Obtaining equipment. To obtain equipment, the recipient must agree to comply with the requirements in Sec. 35.6300 and Secs. 35.6315 through 35.6350 of this subpart. ...


property. (a) Purchase equipment with recipient funds. The recipient may purchase equipment with the recipient's own funds and may charge EPA a fee for...


Usage rate approval. To charge EPA a fee for use of equipment purchased with recipient funds or to allocate the cost of equipment by site, activity, and operable unit, as...


CERCLA-funded property. (a) EPA's interest in CERCLA-funded property. EPA has an interest (the percentage of EPA's participation in the total award) in both equipment...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6330] [Page 674] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6330 Title to federally owned property. Title to all federally owned property vests in the Federal Government. ...


The recipient must comply with the following property management standards for property purchased with CERCLA funds. The recipient may use its own property...


(a) Equipment. For equipment which is no longer needed, or at the end of the project period, whichever is earlier, the recipient must: (1) Analyze...


The following disposal options are available: (a) Use the equipment on another CERCLA project and reimburse the original project for the fair market value of...


When federally owned property is no longer needed, or at the end of the project, the recipient must inform EPA that the property is available for return to...


interest. (a) An interest in real property may be acquired only with prior approval of EPA. (1) If the recipient acquires real property in order to conduct...


must comply with the requirements regarding real property described in 40 CFR 31.31. [[Page 676]] Copyright Requirements Under a...


The recipient must comply with the requirements regarding copyrights described in 40 CFR 31.34. The recipient must comply with the requirements regarding contract...


(a) Force Account work is the use of the recipient's own employees or equipment for construction, construction-related activities (including architecture and...


(a) Recipient standards--(1) Procurement system evaluation. (i) An applicant or recipient must evaluate its own procurement system to determine if the system meets...


The recipient must conduct all procurement transactions in a manner providing maximum full and open competition. (a) Restrictions on competition. Inappropriate restrictions...


and voluntarily excluded persons. While evaluating bids or proposals, the recipient must consult the most current ``List of Parties Excluded from Federal...


The recipient must comply with the requirements for payment to consultants described in 40 CFR 31.36(j). In addition, the recipient must comply with the...


subsequent phases of response. (a) If the public notice clearly stated the possibility that the firm or individual selected could be awarded a contract for...


(a) Prohibited contracts. The recipient's procurement system must not allow cost-plus-percentage-of-cost (e.g., a multiplier which includes profit)...


women's business enterprises (MBE/WBE), small businesses, and labor surplus area firms. (a) Procedures. The recipient must comply with the six steps described in 40...


(a) General. The recipient must conduct and document a cost or price analysis in connection with every procurement action including contract modification. (1)...


(a) General. The recipient must meet the requirements regarding bonding described in 40 CFR 31.36(h). The recipient must clearly and accurately state in the contract...


(a) General. Each contract must be a sound and complete agreement, and include the following provisions: (1) Nature, scope, and extent of work to be performed; (2)...


(a) General. The recipient must conduct an administrative and technical review of each claim before EPA will consider funding these costs. (b) Claims settlement....


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6605] [Page 683] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6605 Privity of contract. Neither EPA nor the United States shall be a party to any contract nor to any solicitation or request for proposals. ...


The recipient must require its contractor to comply with the following provisions in the award of contracts (i.e. subcontracts). (This section does not apply to...


(a) Reporting frequency. The recipient must submit progress reports quarterly on the activities delineated in the Statement of Work. EPA may not require submission...


Events may occur between the scheduled performance reporting dates which have significant impact upon the Cooperative Agreement-supported activity. In...


(a) CERCLA-funded property--(1) Content. The report must contain the following information: (i) Classification and value of remaining supplies; (ii)...


(a) Department of Labor (DOL) Reports--(1) Content. The recipient must notify the DOL Regional Office of Compliance, in writing, of each construction contract which has or...


(a) General. The recipient must comply with the requirements regarding financial reporting described in 40 CFR 31.41. (b) Financial Status Report--(1) Content. (i) The...


The lead agency for the response action must compile and maintain an administrative record consistent with section 113 of CERCLA, the National Contingency Plan, and relevant...


(a) Applicability. This requirement applies to all financial and programmatic records, supporting documents, statistical records, and other records which are required to...


(a) Recipient requirements. The recipient must comply with the requirements regarding records access described in 40 CFR 31.42(e). (b) Availability of records. The recipient...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6750] [Page 686] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6750 Modifications. The recipient must comply with the requirements regarding changes to the Cooperative Agreement described in 40 CFR 31.30. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6755] [Page 686] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6755 Monitoring program performance. The recipient must comply with the requirements regarding program performance monitoring described in 40 CFR 31.40 (a) and (e). ...


convenience. The recipient must comply with all terms and conditions in the Cooperative Agreement, and is subject to the [[Page...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6765] [Page 687] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6765 Non-Federal audit. The recipient must comply with the requirements regarding non- Federal audits described in 40 CFR 31.26. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6770] [Page 687] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6770 Disputes. The recipient must comply with the requirements regarding dispute resolution procedures described in 40 CFR 31.70. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6775] [Page 687] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6775 Exclusion of third-party benefits. The Cooperative Agreement benefits only the signatories to the Cooperative Agreement. ...


of a Cooperative Agreement, or an activity under a Cooperative Agreement, can take place in the following situations: (1) After the completion of all work for a...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.6785] [Page 687] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart O--Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Sec. 35.6785 Collection of amounts due. The recipient must comply with the requirements described in 40 CFR 31.52 regarding collection of amounts due. ...


If EPA determines that a recipient is not responsible, EPA may impose restrictions on the award as described in 40 CFR 31.12. Requirements for Administering a...


is required when either EPA or a political subdivision is the lead agency for a CERCLA response. This rule does not address whether Indian Tribes are subject to the requirements in...


The SSC must include the following provisions: (a) General authorities, which documents the relevant statutes and regulations (of each government entity that is a party...


In addition to the requirements specified in Sec. 35.6805, the State and/or political subdivision must comply with the following: (a) Financial administration....


In order to conclude the SSC, the signatories must: (a) Satisfactorily complete the response activities at the site and make all payments based upon project costs...


U.S.C. 1330). Source: 54 FR 40804, Oct. 3, 1989 (interim), unless otherwise noted. This subpart codifies policies and procedures for...


eligible States, agencies, entities, institutions, organizations, and individuals for developing a comprehensive conservation and management plan (CCMP) for...


modeling, and other technical work completed by a Management Conference during a fiscal year to develop a Comprehensive Conservation and Management Plan for...


among the Management Conferences the funds requested in the President's budget for the NEP. Each year, the Director of the Office of Marine and Estuarine Protection...


targets each year to help each Management Conference develop an Annual Work Plan. These targets are broad budgetary goals for total expenditures by each estuary program...


and becomes part of the award document. It is part of the basis for an award decision and the basis for management and evaluation of performance under an...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR35.9035] [Page 691] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents Subpart P--Financial Assistance for the National Estuary Program Sec. 35.9035 Budget period. An applicant may choose its budget period in consultation with and subject to the approval of the Regional Administrator. ...


at least 60 days before the beginning of the budget period. In addition to meeting applicable requirements contained in 40 CFR part 30 or 31, a complete application...


completed application and should approve, conditionally approve, or disapprove the application within 60 days of receipt. When funds are available, the Regional...


amount of assistance to an applicant, the Regional Administrator will consider the Management Conference planning target, the extent to which the applicant's Work Program...


each recipient's performance under an assistance agreement. In consultation with the applicant, the Regional Administrator will develop a process for evaluating...


percent of the approved work program costs for a particular application provided that non-Federal sources provide at least 25 percent of the aggregate costs of research,...


not award funds pursuant to CWA section 320(g) to any applicant unless and until the scope of work and overall budget have been approved by the...


Water may approve the award of NEP funds for work that has broad applicability to estuaries of national significance. These awards shall be deemed to be consistent with Annual...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.100] [Page 693] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.100 Purpose of regulation. These provisions establish and codify policies and procedures governing the award of research and demonstration grants by the Environmental Protection Agency. ...


this part supplement the [[Page 694]] EPA general grant regulations and procedures (40 CFR part 30). Accordingly, all EPA research and demonstration...


U.S.C. 1857 et seq. (1) Section 103 (42 U.S.C. 1857b) authorizes grants for research and demonstration projects relating to the causes, effects, extent, prevention,...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.115] [Page 695] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.115 Definitions. The statutes identified in Sec. 40.110 contain definitions which are not all repeated here. The following terms shall have the meaning set forth below: [42 FR 56056, Oct. 20, 1977] ...


legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary to...


and having substantial powers or duties pertaining to the prevention and control of air pollution. (b) Under the Resource Conservation and Recovery Act, an...


different States, having substantial powers or duties pertaining to the prevention and control of air pollution. (b) Under the Federal Water Pollution Control Act, an agency...


body created by or pursuant to State law, or an Indian tribe or an authorized Indian tribal organization, with jurisdiction over disposal of sewage, industrial wastes,...


or political subdivision of a State, or any interstate body. (b) Under the Resource Conservation and Recovery Act, an individual, trust, firm, joint stock...


Guam, American Samoa, and the Trust Territory of the Pacific Islands. (b) Under the Resource Conservation and Recovery Act, a State, the District of Columbia,...


annually in a document entitled ``Office of Research and Development--Program Guide.'' This document may be [[Page 697]] obtained from either the Office...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.125] [Page 697] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.125 Grant limitations. ...


involving construction. (b) No research or demonstration grant shall be approved for a project period in excess of 5 years. (c) The grant award...


be governed by the specific assistance limitations listed below: (a) Federal Water Pollution Control Act. (1) Section 104(s)--no grant in any fiscal year may exceed...


accordance with 40 CFR 30.340: (a) The Clean Air Act, as amended--public or nonprofit private agencies, institutions, organizations, and to individuals. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.135] [Page 698] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.135 Application. ...


information and assistance prior to submitting a formal application. The EPA regional office or the laboratory nearest the applicant will be able to provide such...


Environmental Protection Agency, Grants Administration Division, Washington, DC 20460, in accordance with Secs. 30.315 through 30.315-3. (a) Applications involving...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.140] [Page 699] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.140 Criteria for award. In determining the desirability and extent of funding for a project and the relative merit of an application, consideration will be given to the following criteria: ...


The availability of funds within EPA; (c) The technical feasibility of the project; (d) The seriousness, extent, and urgency of the environmental problems toward which...


contribute to the development or demonstration of a new or improved method of treating industrial wastes or otherwise preventing pollution by industry, which method shall...


the following requirements: (a) The project will be conducted in an environmentally sound manner. (b) In addition to the notification of project changes...


interstate or intermunicipal agency, or to any public authority, agency or institution, under the Resource Conservation and Recovery Act, shall be the subject of...


denied the benefits of, or be subjected to discrimination under any program or activity receiving assistance under the Act. (b) Grants under section 107 are awarded subject...


(a) The applicant will demonstrate to the satisfaction of the grants officer that he has or will have a fee simple or such other estate or interest in the...


and the applicable criteria set forth in Sec. 40.140. Only applications considered relevant to EPA research and demonstration objectives will receive further...


part shall be governed by part 2 of this chapter. (b) An assertion of entitlement to confidential treatment of part or all of the information in an application may be...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.160] [Page 701] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.160 Reports. ...


the budget period. A monthly progress report may be required for some demonstration projects, if set [[Page 702]] forth in the grant agreement. Progress...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.160-2] [Page 702] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.160-2 Financial status report. A financial status report must be prepared and submitted within 90 days after completion of the budget and project periods in accordance with Sec. 30.635-3. [42 FR 56057, Oct. 20, 1977] ...


Agency is required. In addition: (a) An annual invention statement is required with each continuation application. (b) A final invention report is...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR40.160-4] [Page 702] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 40--RESEARCH AND DEMONSTRATION GRANTS--Table of Contents Sec. 40.160-4 Equipment report. At the completion or termination of a project, the grantee will submit a listing of all items of equipment acquired with grant funds with an acquisition cost of $300 or more and having a useful life of more than 1 year. ...


period. The report shall document project activities over the entire period of grant support and shall describe the grantee's achievements with respect to stated...


performance during all previous budget periods; and (b) Submit no later than 90 days prior to the end of the budget period a continuation application...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR45.100] [Page 703] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 45--TRAINING ASSISTANCE--Table of Contents Sec. 45.100 Purpose and scope. This part establishes the policies and procedures for the award of training assistance by the Environmental Protection Agency (EPA). The provisions of this part supplement EPA's ``General Regulation for Assistance Programs,'' 40 CFR part 30. ...


7403); (b) Sections 104(g), 109, and 111 of the Clean Water Act, as amended (33 U.S.C. 1254(g), 1259, and 1261); (c) Sections 7007 and 8001 of the Solid Waste...


to develop career-oriented personnel qualified to work in occupations involving environmental protection and pollution abatement and control. Training assistance is available to: ...


fees, paid directly to the trainee by the recipient organization. Trainee. A student selected by the recipient organization who receives support to meet the objectives...


pollution control agencies, public and nonprofit private agencies, institutions, organizations, and individuals. No award may be made under this Act to any...


submit the [[Page 704]] original and two copies of the application to EPA. If the assistance agreement is to be awarded by EPA Headquarters, the applicant...


the following criteria: (1) Relevance of proposal to Agency objectives, priorities, achievement of national goals and technical merit; (2) Competency of the...


possessions, or lawfully admitted to the United States for permanent residence. (b) Recipients shall not require the performance of personal services by...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR45.140] [Page 704] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 45--TRAINING ASSISTANCE--Table of Contents Sec. 45.140 Budget and project period. The budget and project periods for training awards may not exceed three years. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR45.145] [Page 704] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 45--TRAINING ASSISTANCE--Table of Contents Sec. 45.145 Allocability and allowability of costs. (a) Allocability and allowability of costs will be determined in accordance with 40 CFR 30.410. (b) Costs incurred for the purchase of land or the construction of buildings are not allowable. ...


of the project period. The recipient shall prepare the final projects report in accordance with the project officer's instructions, and submit the final project report within 30...


during all previous budget periods; (b) Include in the application a detailed progress report showing the progress achieved and explain special problems or delays,...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR46.100] [Page 705] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 46--FELLOWSHIPS--Table of Contents Subpart A--General Sec. 46.100 Purpose. This part establishes the requirements for all Environmental Protection Agency (EPA) fellowship awards. ...


required to award fellowships under all of the listed authorities, but does so at its discretion. (a) Section 103(b)(5) of the Clean Air Act, as amended (42...


in fields related to pollution control and environmental protection. Fellowships provide support for undergraduate and graduate students, including staff of...


to students who are selected on the basis of EPA requests for applications and program announcements. These fellowships may assist you with the costs of academic...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR46.120] [Page 706] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 46--FELLOWSHIPS--Table of Contents Subpart A--General Sec. 46.120 Definition. Fellow: You are a fellow if you receive an EPA fellowship award. ...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR46.125] [Page 706] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 46--FELLOWSHIPS--Table of Contents Subpart A--General Sec. 46.125 Exceptions. The Director, Grants Administration Division, may approve exceptions from this part on a case-by-case or class basis. ...


from participation in federal programs. Names of individuals who are excluded are included on the List of Parties Excluded from Federal Procurement and Nonprocurement...


United States, its territories, or possessions, or lawfully admitted to the United States for permanent residence; (b) Accepted by or an applicant to an accredited...


all, of your tuition and fees, as determined appropriate by EPA. (b) An expense allowance for books, supplies, and equipment (equipment is an item with a unit acquisition...


only if the travel or work is approved by the EPA Office of International Activities (OIA). You will be notified of OIA approval in the fellowship award or in a letter from...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR46.150] [Page 707] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 46--FELLOWSHIPS--Table of Contents Subpart B--Applying for Fellowships Sec. 46.150 Request for applications. EPA generally requests fellowship applications through electronic and printed announcements or other means designed to inform potential applicants. ...


file an application and what information you must include. You must submit applications for fellowships on EPA's ``Fellowship Application'' (EPA Form 5770-2) or in any other...


for applications or program announcement. Evaluation criteria may include: (a) The relevance of your proposed studies to EPA's mission. (b) Your potential...


60 days after final selections are made. If you are a successful applicant, EPA will send you a fellowship agreement in accordance with...


amendments, between EPA and you. The fellowship agreement will state the amount of Federal funds awarded and the terms and conditions governing the fellowship. (b) The...


prospective state, local or Tribal government employer, by accepting the fellowship agreement you agree to remain in the employment of the state, local, or Tribal employer for...


Form 5770-8) to the EPA award official within three weeks after receipt, or within an extension of time approved by the award official. If you do not sign and return the...


You must complete, sign, and obtain other appropriate signatures on the Activation Notice when the program supported by the fellowship agreement begins. In certain...


(3) of this section, you must notify the project officer and receive a formal amendment (EPA Form 5770-8) approving the changes. You must sign and return one copy of...


(see Sec. 46.185(a)), EPA will establish the project period for the fellowship. If you incur costs before the date of the fellowship award, the date on the Activation Notice...


signed ``Fellowship Activation Notice'' (EPA Form 5770-7) as required by Sec. 46.185. Unless the fellowship provides another payment process, EPA makes payments as follows: ...


copyrighted software), EPA reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize...


following: (1) If you fail to submit the ``Fellowship Activation Notice'' as required by Sec. 46.185. (2) If you fail to comply with the terms and conditions of...


you fail to comply with the terms and conditions of an award, EPA may take one or more of the following actions, as appropriate: (1) Temporarily withhold or suspend...


reasonable efforts to resolve it at that level. (b) If you cannot reach agreement, an EPA disputes decision official will provide a written final decision. The EPA...


retains a fair market value of more than $5,000, you must request disposition instructions from the EPA project officer when you no longer need it for the work under...


5770-9) signed by your sponsor or department head of the educational institution when the project period ends. In certain instances, e.g., your program of study is at an...


of the NEEA. Specifically, this regulation defines eligible applicants, eligible activities, EPA priorities for selecting recipients, funding limits, and matching...


involving elementary, secondary, and postsecondary students, as such terms are defined in the State in which they reside, and environmental education personnel, but does...


or environmental agency, not-for-profit organization, or noncommercial educational broadcasting entity may submit an application to the Administrator in response to...


this section in a fiscal year shall be for individual awards of not more than $5,000. (b) The Federal share shall not exceed 75 percent of the total project costs....


grant proposals. The solicitation notice shall prescribe the information to be included in the proposal and other information sufficient to permit EPA to assess...


and training programs for: (1) Design, demonstration, or dissemination of environmental curricula, including development of educational tools and materials; ...


the EPA. Workplans shall accompany all applications, shall identify who will be performing activities, and shall be approved by EPA prior to funding. (b) Budget...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR47.135] [Page 712] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 47--NATIONAL ENVIRONMENTAL EDUCATION ACT GRANTS--Table of Contents Sec. 47.135 Disputes. Disputes arising under these grants shall be governed by 40 CFR 30.1200 for recipients other than State and local governments and 40 CFR 31.70 for State and local governments. ...


Air Act (Act) for which Indian tribes are or may be treated in the same manner as States. In general, these regulations authorize eligible tribes to have the same rights...


Code at 42 U.S.C. 7401, et seq. (b) Federal Indian Reservation, Indian Reservation or Reservation means all land within the limits of any Indian reservation under...


shall be treated in the same manner as States with respect to all provisions of the Clean Air Act and implementing regulations, except for those provisions identified in Sec....


States. Tribes will not be treated as States with respect to the following provisions of the Clean Air Act and any implementing regulations thereunder: (a)...


in the same manner as States. Any tribe may request that the Administrator specify additional provisions of the Clean Air Act for which it would be inappropriate...


authorize the Administrator to treat an Indian tribe in the same manner as a State for the Clean Air Act provisions identified in Sec. 49.3 if the Indian tribe meets...


(a) An Indian tribe may apply to the EPA Regional Administrator for a determination that it meets the eligibility requirements of Sec. 49.6 for Clean Air Act program...


precluded from asserting criminal enforcement authority, the Federal Government will exercise primary criminal enforcement responsibility. The tribe, with the EPA Region,...


process a request of an Indian tribe submitted under Sec. 49.7 in a timely manner. The EPA Regional Administrator shall promptly notify the Indian tribe of receipt of...


be disapproved because of failure to address air resources within the exterior boundaries of an Indian Reservation or other areas within the jurisdiction of an...


of authorities granted the Administrator under any other provision of this section, the Administrator, pursuant to the discretionary authority explicitly granted to...


(a) Applicability. This section applies to the owner or operator of the project located on the Reservation of the Salt River Pima Maricopa Indian Community (SRPMIC)...


plan for the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation. This plan consists of a combination of Tribal rules and measures and federal regulations...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR49.10702] [Page 721] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 49--TRIBAL CLEAN AIR ACT AUTHORITY--Table of Contents Subpart M--Implementation Plans for Tribes--Region X Sec. 49.10702 Approval status. There are currently no EPA-approved Tribal rules or measures in the implementation plan for the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation. ...


which encompasses the Shoshone- Bannock Tribes of the Fort Hall Indian Reservation is classified as follows for purposes of...


of the Fort Hall Indian Reservation consists of the following rules, regulations, and measures: (a) Section 49.10711. Federal Implementation Plan for...


[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR49.10708] [Page 721] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 49--TRIBAL CLEAN AIR ACT AUTHORITY--Table of Contents Subpart M--Implementation Plans for Tribes--Region X Sec. 49.10708 Permits to construct. Permits to construct are required for new major stationary sources and major modifications to existing major stationary sources pursuant to 40 CFR 52.21. ...


The following regulations are incorporated and made part of the implementation plan for the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation: (a) Section...


The following regulations are incorporated and made part of the implementation plan for the Shoshone-Bannock Tribes of the Fort Hall Indian Reservation: (a) Section...
...




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