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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?

either:

(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.

а

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

this Rogulation?

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

this regulation?

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

lation?

Subpart C-How do I Apply for and Roceive

Assistance?

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

assistance agreement?

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

Changed?

show these records?

30.700 What changes to my assistance

agreement require a formal amendment?

30-136 0-89-11

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

assistance agreement?

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

ation decision?

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,

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