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nancial assistance from, or direct Federal development by, the EPA.
(b) If a State adopts a process under the Order to review and coordinate proposed Federal financial assistance and direct Federal development, the Administrator to the extent permitted by law:
(1) Uses the State process to determine official views of State and local elected officials;
(2) Communicates with State and local elected officials as early in a program planning cycle as is reasonably feasible to explain specific plans and actions;
(3) Makes efforts to accommodate State and local elected officials' concerns with proposed Federal financial assistance and direct Federal development that are communicated through the State process;
(4) Allows the States to simplify and consolidate existing federally required State plan submissions;
(5) Where State planning and budgeting systems are sufficient and where permitted by law, encourages the substitution of State plans for fed required State plans;
(6) Seeks the coordination of views of affected State and local elected offi. cials in one State with those of another State when proposed Federal financial assistance or direct Federal development has an impact on interstate metropolitan urban centers or other interstate areas; and
(7) Supports State and local governments by discouraging the reauthorization or creation of any planning organization which is federally-funded, which has a limited purpose, and which is not adequately representative of, or accountable to, State or local elected officials,
8 29.6 What procedures apply to the selec
tion of programs and activities under
these regulations? (a) A State may select any program or activity published in the FEDERAL REGISTER in accordance with § 29.3 of this part for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected of. ficials.
(b) Each State that adopts a process shall notify the Administrator of EPA programs and activities selected for that process.
(c) A State may notify the Administrator of changes in its selections at any time. For each change, the State shall submit an assurance to the Administrator that the State has consulted with local elected officials regarding the change. EPA may establish deadlines by which States are required to inform the Administrator of changes in their program selections.
(d) The Administrator uses a State's process as soon as feasible, depending on individual programs and activities, after the Administrator is notified of its selections.
8 29.7 How does the Administrator com
municate with State and local officials concerning the EPA programs and ac
tivities? (a) For those programs and activities covered by a State process under $ 29.6, the Administrator, to the extent permitted by law:
(1) Uses the State process to determine views of State and local elected officials; and
(2) Communicates with State and local elected officials, through the State process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions.
(b) The Administrator provides notice of proposed Federal financial assistance or direct Federal development to directly affected State, areawide, regional, and local entities in a State if:
(1) The State has not adopted a process under the Order; or
8 29.5 What is the Administrator's obliga
tion with respect to Federal interagen
cy coordination? 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 full coordination between such agencies and EPA regarding programs and activities covered under these regulations.
(2) The assistance or development area-wide, regional, and local officials involves & program or activity not se- and entities that differ from it must lected for the State process.
also be transmitted. This notice may be published in the (c) If & State has not established a FEDERAL REGISTER or issued by other
process, or is unable to submit a State means which EPA, in its discretion
process recommendation, the State, deems appropriate.
areawide, regional and local officials 8 29.8 How does the Administrator pro
and entities may submit comments divide States an opportunity to comment
rectly either to the applicant or to on proposed Federal financial assist
EPA. ance and direct Federal development?
(d) If a program or activity is not se
lected for a State process, the State, (a) Except in unusual circumstances,
areawide, regional and local officials the Administrator gives State process
and entities may submit comments es or directly affected State, areawide,
either directly to the applicant or to regional and local officials and enti
EPA. In addition, if a State process ties: (1) At least 30 days from the date es
recommendation for a nonselected tablished by the Administrator to
program or activity is transmitted to comment on proposed Federal finan
EPA by the single point of contact, cial assistance in the form of noncom
the Administrator follows the procepeting continuation awards; and
dures of $ 29.10 of this part. (2) At least 60 days from the date es
(e) The Administrator considers tablished by the Administrator to
comments which do not constitute a comment on proposed direct Federal State process recommendation submitdevelopment or Federal financial as- ted under these regulations and for sistance, other than noncompeting
which the Administrator is not recontinuation awards.
quired to apply the procedures of (b) This section also applies to com- $ 29.10 of this part, when such comments in cases in which the review, co- ments are provided by a single point of ordination, and communication with contact, by the applicant, or directly the Environmental Protection Agency to the Agency by a commenting party. have been delegated. (c) Applicants for programs and ac
8 29.10 How does the Administrator make tivities subject to section 204 of the efforts to accommodate intergovernDemonstration Cities and Metropoli- mental concerns? tan Development Act shall allow
(a) If a State process provides a areawide agencies a 60-day opportuni
State process recommendation to the ty for review and comment.
Agency through the State's single 8 29.9 How does the Administrator receive
point of contact, the Administrator and respond to comments?
(1) Accepts the recommendation; (a) The Administrator follows the
(2) reaches a mutually agreeable soprocedures in $ 29.10 if:
lution with the State process; or (1) A State office or official is designated to act as a single point of con
(3) Provides the single point of contact between a State process and all
tact with such written explanation of Federal agencies, and
the decision, as the Administrator, in (2) That office or official transmits a his or her discretion, deems appropriState process recommendation for a
ate. The Administrator may also supprogram selected under $ 29.6.
plement the written explanation by (b) The single point of contact is not providing the explanation to the obligated to transmit comments from single point of contact by telephone, State, areawide, regional or local offi.
other telecommunication, or other cials and entities where there is no means. State process recommendation. How- (b) In any explanation under paraever, if a State process recommenda- graph (a)(3) of this section, the Adtion is transmitted by a single point of ministrator informs the single point of contact, all comments from State, contact that:
(1) EPA will not implement its decision for at least ten days after the single point of contact receives the explanation; or
(2) The Administrator has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible.
(c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification 5 days after the date of mailing of such notification.
8 29.11 What are the Administrator's obli.
gations in interstate situations? (a) The Administrator is responsible for:
(1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas;
(2) Notifying appropriate officials and entities in States which have adopted a process and selected an EPA program or activity.
(3) Making efforts to identify and notify the affected State, areawide, regional, and local officials and entities in those States that do not adopt a process under the Order or do not select an EPA program or activity;
(4) Responding in accordance with $ 29.10 of this part to a recommendation received from designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with EPA were delegated.
(b) The Administrator uses the procedures in 8 29.10 if a State process provides a State process recommendation to the Agency through a single point of contact.
8 29.12 How may a State simplify, consoli
date, or substitute federally required
State plans? (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 State plan.
(2) “Consolidate” means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and tha the State can select the format, submission date, and planning period for the consolidated plan.
(3) "Substitute" means that a State may use a plan or other document that it has developed for its own pur. poses to meet Federal requirements.
(b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required State plans without prior approval by the Administrator.
(c) The Administrator reviews each State plan that a State has simplified, consolidated, or substituted and accepts the plan only if its contents meet Federal requirements. 8 29.13 May the Administrator waive any
provision of these regulations? In an emergency, the Administrator may waive any provision of these regulations.
SUBCHAPTER B-GRANTS AND OTHER FEDERAL ASSISTANCE
PART 30–GENERAL REGULATION
FOR ASSISTANCE PROGRAMS FOR OTHER THAN STATE AND LOCAL GOVERNMENTS
Subpart A-What is the Purpose and Scope of
Sec. 30.100 What is the purpose of this regula
tion? 30.101 What is the scope of this regula
tion? 30.102 What laws authorize EPA to issue
Sec. 30.503 What type of quality assurance
practices am I required to have? 30.505 What reports must I submit? 30.510 What type of financial management
system must I maintain? 30.515 What restrictions on signs, surveys,
and questionnaires must I observe? 30.518 What are the procedures for pub
lishing scientific, informational, and
educational documents? 30.520 When may I use my own employees
(“force account")? 30.525 How should I treat program
income? 30.526 How do I treat interest earned on
EPA funds? 30.530 May I purchase personal property
using EPA assistance funds? 30.531 What property management stand
ards must I follow for nonexpendable personal property purchased with an
EPA award? 30.532 How do I dispose of personal prop
erty? 30.535 May I purchase real property with
EPA awarded funds? 30.536 How do I manage Federally-owned
property? 30.537 Are contractors required to comply
with EPA property policies? 30.538 May I use General Services Admin
istration (GSA) supplies and services? 30.540 Who will audit my project?
Subpart B-What Definitions Apply to this
Regulation? 30.200 What definitions apply to this regu
Subpart C-How do I Apply for and Roceive
30.300 What activities does EPA fund? 30.301 To whom does EPA award assist
ance? 30.302 How do I apply for assistance? 30.303 What steps must I take when filing
a standard application? 30.304 Is the information I submit to EPA
confidential? 30.305 How do I find out if EPA approved
or disapproved my application? 30.306 How long will I have to complete my
project? 30.307 How much must I contribute to the
funding of my project? 30.308 When may I begin incurring costs? 30.309 What is the effect of accepting an
Subpart F-What Other Federal Requirements
Must I Comply With? 30.600 What Federal laws and policies
affect my award? 30.601 Are there restrictions on the use of
assistance funds for advocacy purposes? 30.603 What additional Federal laws apply
to EPA assisted construction projects? 30.610 What are my responsibilities for
preventing and detecting fraud and
other corrupt practices? 30.611 Can I hire a person or agency to so
licit EPA assistance for me? 30.612 May an EPA employee act as my
representative? 30.613 What is EPA's policy on conflict of
interest? 30.615 May I employ a former EPA em
ployee and still receive assistance?
Subpart D-How does EPA Pay Me?
30.400 How does EPA make payments? 30.405 Can I assign my payment to anyone
else? 30.410 How does EPA determine allowable
costs? 30.412 How are costs categorized?
Subpart How do I Manage My Award? 30.500 What records must I maintain? 30.501 How long must I keep these
records? 30.502 To whom must my contractor and I
Subpart G-Can an Assistance Agreement be
show these records?
30.700 What changes to my assistance
agreement require a formal amendment?
Sec. 30.705 What changes can I make to my as
sistance agreement without a formal
amendment? 30.710 Can I terminate a part or all of my
Sec. 30.1112 Are there any other patent clauses
or conditions that apply to my award? 30.1130 What rights in data and copyrights
does EPA acquire?
Subpart H-How do I Close out my Project? 30.800 What records and reports must I
keep after I complete my project? 30.802 Under what conditions will I owe
money to EPA?
Subpart I-What Measures may EPA Tako for
Non-compliance? 30.900 What measures may EPA take for
non-compliance? 30.901 What are the consequences of a
stop-work order? 30.902 What are the consequences of with
holding payments? 30.903 What are the consequences of ter
mination for cause? 30.904 What are the consequences of an
nulment? 30.905 May I request a review of a termina
tion, or annulment? 30.906 What are the consequences of sus
pension or debarment?
Subpart 1-How are Disputes Between EPA
Officials and mo Resolved? 30.1200 What happens if an EPA official
and I disagree about an assistance agree
ment requirement? 30.1205 If I flle a request for review, with
whom must I file? 30.1210 What must I include in my request
for review or reconsideration? 30.1215 What are my rights after I file &
request for review or reconsideration? 30.1220 If the Assistant Administrator con
firms the final decision of the Headquarters disputes decision official, may I
seek further administrative review? 30.1225 If the Regional Administrator con
firms the final decision of the Regional disputes decision official, may I seek fur. ther administrative review at EPA Head
quarters? 30.1230 Will I be charged interest If I owe
money to EPA? 30.1235 Are there any EPA decisions which
may not be reviewed under this subpart? APPENDIX A-EPA PROGRAMS APPENDIX B-PATENTS AND COPYRIGHTS
CLAUSES APPENDIX C-RIGHTS IN DATA AND COPY
RIGHTS APPENDIX D-PART 30 REPORTING REQUIRE
MENTS APPENDIX E-PART 30 AUDIT REQUIREMENTS
POR STATE AND LOCAL GOVERNMENT RE
CIPIENTS AUTHORITY: 33 U.S.C. 1251 et seq.; 42 U.S.C. 7401 et seq.; 42 U.S.C. 6901 et seq.; 42 U.S.C. 300f et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 9601 et seq.
SOURCE: 48 FR 45062, Sept. 30, 1983, unless otherwise noted.
Subpart -Can get an Exception
(“Deviation") From These Regulations? 30.1001 Will EPA approve any exceptions
to these regulations? 30.1002 Who may request a deviation? 30.1003 What information must I include
in a deviation request? 30.1004 Who approves or disapproves a de
viation request? 30.1005 May I request a review of a devi
Subpart K-What Policies Apply to Patonts,
Data, and Copyrights? 30.1100 What assistance agreements are
subject to EPA patent rules? 30.1101 What Federal patent laws or poli
cies govern my assistance agreement? 30.1102 What are my invention rights and
my reporting requirements if my award is other than an award under section
6914 of RCRA? 30.1103 What are my invention rights and
obligations if I am a profitmaking firm with an award under section 6914 of
RCRA? 30.1104 Can I get a waiver from section
6981(c) of RCRA? 30.1106 Do the patent rules apply to suba
greements? 30.1108 Does EPA require any type of li.
censing of background patents that I own?
Subpart A-What is the Purpose and
Scope of this Regulation? 8 30.100 What is the purpose of this regu
lation? (a) The U.S. Environmental Protection Agency (EPA) is responsible for protecting and enhancing the quality of the environment. To achieve these objectives, EPA may award assistance in the form of grants, cooperative agreements, or fellowships to support: (1) State and local pollution control programs; (2) research, demonstration,