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ability Act of 1980 (42 U.S.C. 9601 et seq.).

(48 FR 45062, Sept. 30, 1983; 49 FR 38944, Oct. 2, 1984)

Subpart B-What Definitions Apply

to this Regulation?

8 30.200 What definitions apply to this

regulation? "Allowable costs.' Those project costs that are: eligible, reasonable, necessary, and allocable to the project; permitted by the appropriate Federal cost principles, and approved by EPA in the assistance agreement.

Applicant.” Any entity that files an application or unsolicited proposal for EPA financial assistance under this subchapter.

Assistance agreement.” The legal instrument EPA uses to transfer money, property, services, or anything of value to a recipient to accomplish a public purpose. It is either a grant or a cooperative agreement and will specify: budget and project periods; the Federal share of eligible project costs; a description of the work to be accomplished; and any special conditions.

"Award official.” The EPA official with the authority to execute assistance agreements and to take other actions authorized by this subchapter and by EPA Orders.

"Budget period.” The length of time EPA specifies in an assistance agreement during which the recipient may expend or obligate Federal funds.

"Consolidated assistance.” An assistance agreement awarded under more than one EPA program authority or funded together with one more other Federal agencies. Applicants for consolidated assistance submit only one application.

Continuation award.” An assistance agreement after the initial award, for a project which has more than one budget period in its approved project period, or annual awards, after the first award, to State, Interstate, or local agencies for continuing environmental programs (see $ 30.306).

Contractor." Any party to whom a recipient awards a subagreement.

"Cooperative agreement." An assistance agreement in which substantial

or

or training projects; and (3) other projects that advance EPA's mission. This regulation tells how to apply for and manage an EPA project, describes EPA involvement in the process, and identifies recipients' responsibilities. Other EPA assistance regulations supplement these. They are found in 40 CFR Part 32 (Debarment), Part 33 (Procurement Under Assistance Agreements), Part 35 (State and Local Assistance), Part 40 (Research and Demonstration), Part 45 (Training) and Part 46 (Fellowships).

(c) This regulation incorporates the requirements of Office of Management and Budget (OMB) Circulars and EPA Orders.

(d) Recipients must provide the reporting information required in this part to be eligible for EPA assistance awards.

NOTE: The OMB clearances required by the Paperwork Reduction Act are identified in Appendix D to this part.

8 30.101 What is the scope of this regula

tion? This regulation covers financial assistance awards made as grants or cooperative agreements under requirements of the Federal Grant and Cooperative Agreement Act (Pub. L. 95224). It does not cover direct EPA contracts under which EPA acquires property or services for its use.

8 30.102 What laws authorize EPA to issue

this regulation? Reorganization Plan Number 3 of 1970 and the following statutes authorize the Administrator of EPA to issue this regulation.

(a) The Clean Water Act, as amended (33 U.S.C. 1251 et seq.);

(b) The Clean Air Act, as amended (42 U.S.C. 7401 et seq.);

(c) The Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et seq.);

(d) The Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.);

(e) The Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.);

(f) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and

(g) The Comprehensive Environmental Response, Compensation, and Li

EPA involvement is anticipated during in-kind contribution may consist of the performance of the project (does charges for real property and equipnot include fellowships).

ment or the value of goods and serv"Cost sharing.” The portion of al. ices directly benefiting the EPA lowable project costs that a recipient funded project. contributes toward completing its Nonexpendable personal property." project (i.e., non-Federal share, match- Personal property with a useful life of ing share).

at least two years and an acquisition "Environmentally related measure cost of $500 or more. ments." Any data collection activity or Personal property.” Property other investigation involving the assessment than real property. It may be tangible of chemical, physical, or biological fac (having physical existence), such as tors in the environment which affect equipment and supplies, or intangible human health or the quality of life. (having no physical existence), such as The following are examples of envi- patents, inventions, and copyrights. ronmentally related measurements: (a) “Program income.” Gross income A determination of pollutant concen the recipient earns during its project trations from sources or in the ambi period from charges for the project. ent environment, including studies of This may include income from service pollutant transport and fate; (b) a de fees, sale of commodities, trade-in altermination of the effects of pollut lowances, or usage or rental fees. Fees ants on human health and on the en from royalties are program income vironment; (c) a determination of the only if the assistance agreement so risk/benefit of pollutants in the envir states. Revenue generated under the oment; (d) a determination of the governing powers of a State or local quality of environmental data used in government which could have been economic studies; and (e) a determina generated without an award is not tion of the environmental impact of considered program income. Such revcultural and natural processes.

enues include fines or penalties levied "Expendable personal property." All under judicial or penal power and used tangible personal property other than as a means to enforce laws. (Revenue nonexpendable personal property. from wastewater treatment construc

"Force account work.” The use of tion grant projects under Title II of the recipient's own employees or the Clean Water Act, as amended, is equipment for construction, construc not program income. It must be used tion-related activities (including A and for operation and maintenance costs E services), or for repair or improve of the recipient's wastewater faciliment to a facility.

ties.) "Foreign awards." An EPA award of "Project.The activities or tasks assistance when all or part of the EPA identifies in the assistance agreeproject is performed in a foreign coun ment. try by (a) a U.S. recipient, (b) a for "Project costs." All costs the recipieign recipient, or (c) an international ent incurs in carrying out the project. organization.

EPA considers all allowable project "Formal amendment.A written costs to include the Federal share. modification of an assistance agree “Project officer." The EPA official ment signed by both the authorized designated in the assistance agreement representative of the recipient and the as EPA's program contact with the reaward official.

cipient. Project officers are responsi"Grant agreement.” An assistance ble for monitoring the project. agreement that does not substantially "Project period." The length of time involve EPA in the project and where EPA specifies in the assistance agreethe recipient has the authority and ca ment for completion of all project pability to complete all elements of work. It may be composed of more the program (does not include fellow than one budget period. ships).

"Quality assurance narrative state"In-kind contribution." The value of ment.” A description of how precision, a non-cash contribution to meet a re accuracy, representativeness, comcipient's cost sharing requirements. An pleteness, and compatibility will be as

work for which EPA did not publish a solicitation. (48 FR 45062, Sept. 30, 1983, as amended at 49 FR 38944, Oct. 2, 1984)

Subpart C—How do I Apply for and

Receive Assistanco?

8 30.300 What activities does EPA fund?

EPA awards assistance to support various activities that protect the environment and reduce or control pollution. EPA groups these activities into the following types of assistance programs:

(a) State and local pollution control;

(b) Construction of wastewater treatment works;

(c) Research;
(d) Demonstration:
(e) Training;
(f) Fellowships;

(g) Special investigations, surveys or studies; and

(h) Consolidated assistance.

sessed, and which is sufficiently detalled to allow an unambiguous determination of the quality assurance practices to be followed throughout a research project.

"Quality assurance program plan.A formal document which describes an orderly assembly of management policies, objectives, principles, organizational responsibilities, and procedures by which an agency or laboratory specifies how it intends to:

(a) Produce data of documented quality, and

(b) Provide for the preparation of quality assurance project plans and standard operating procedures.

"Quality assurance project plan." An organization's written procedures which delineate how it produces quality data for a specific project or measurement method.

"Real property." Land, including land improvements, and structures and appurtenances, excluding movable machinery and equipment.

Recipient.” Any entity which has been awarded and accepted an EPA assistance agreement.

"Standard operating procedure.A document which describes in detail an operation, analysis, or action which is commonly accepted as the preferred method for performing certain routine or repetitive tasks.

"Subagreement.” A written agreement between an EPA recipient and another party (other than another public agency) and any lower tier agreement for services, supplies, or construction necessary to complete the project. Subagreements include contracts and subcontracts for personal and professional services, agreements with consultants, and purchase orders.

"Violating facility." Any facility that is owned, leased, or supervised by an applicant, recipient, contractor, or subcontractor that EPA lists under 40 CFR Part 15 as not in compliance with Federal, State, or local requirements under the Clean Air Act or Clean Water Act. A facility includes any building, plant, installation, structure, mine, vessel, or other floating craft.

"Unsolicited proposal.” An informal written offer to perform EPA funded

8 30.301 To whom does EPA award assist.

ance? (a) EPA awards assistance only to applicants which are eligible under applicable statutes and regulations and which have the ability to meet the following criteria:

(1) Financial resources, technical qualifications, experience, organization, and facilities adequate to carry out the project, or a demonstrated ability to obtain these;

(2) Resources to meet the project completion schedule contained in the assistance agreement;

(3) A satisfactory performance record for completion of projects and subagreements;

(4) Accounting and auditing procedures adequate to control property, funds, and assets, as required in Subpart E of this part;

(5) Procurement standards that comply with Part 33 of this subchapter;

(6) Property management systems for acquiring, maintaining, safeguarding, and disposing of property, as required in Subpart E of this part; and

(7) Demonstrated compliance or willingness to comply with the civil rights, equal employment opportunity, labor

the plan covers the project in your application. (48 FR 45062, Sept. 30, 1983; 49 FR 38944, Oct. 2, 1984, as amended at 53 FR 8076, Mar. 11, 1988)

law, and other statutory requirements under Subpart F of this part.

(b) EPA considers your submission of an assistance application as your assurance that you can and will meet these standards. EPA may conduct a preaward audit or other review to determine your capabilities.

(c) EPA must notify you in writing if it finds you unable to meet these standards. The written notice will state the reasons for the finding. You may appeal EPA's findings under the disputes procedures in Subpart L.

(d) Individuals, agencies, or organi. zations voluntarily excluded, suspended, or debarred under 40 CFR Part 32 are ineligible to receive assistance. 8 30.302 How do I apply for assistance?

(a) You must submit a standard application to apply for EPA assistance.

(b) Before you file an application to perform unsolicited work, you may submit an unsolicited proposal. EPA will apprise you of your proposal's potential for funding.

(c) You can get program information and an application kit with instructions from the EPA grants office which is responsible for administering that program. Regional EPA grants of. fices provide and review applications and award assistance for State and local pollution control projects. State water pollution control agencies provide and review applications for grants for the construction of wastewater treatment facilities. EPA Headquarters provides and reviews applications for and awards research, demonstration, fellowships, training, special investigations, surveys, studies, and most training assistance.

(d)(1) For assistance agreements awarded for Fiscal Year 1984, you must develop and implement a quality assurance program acceptable to the award official if your proposal involves any environmental related measurements or data generation. Except as noted in paragraphs (d) (2) and (3) of this section, your application for financial assistance must include a quality assurance plan which meets the requirements in $30.503. If you already have an EPA approved quality assurance plan, you need only reference that plan in your application, provided

8 30.303 What steps must I take when

filing a standard application? (a) Before you file an application, you must complete the forms accord. ing to the instructions. At least one copy of the completed application must have an original signature of the person authorized to obligate you or your organization to the terms and conditions of EPA's regulations and assistance agreement.

(b) You must:

(1) Comply with your State's intergovernmental review process, if it established one under Executive Order 12372. See 40 CFR Part 29 (48 FR 29288, June 24, 1983).

(2) Comply with the areawide review requirements of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3334) if your project will be located in a metropolitan area. EPA programs that are subject to areawide review are listed in 48 FR 29304, June 24, 1983, and marked with an asterisk (*).

8 30.304 Is the information I submit to

EPA confidential? (a) Generally, the information is not confidential. When EPA receives your assistance application or unsolicited proposal the information you submit becomes part of the Agency's records. As such, it is subject to EPA's disclosure of information policy (40 CFR Part 2) which is based on the provi. sions of the Freedom of Information Act (5 U.S.C. 552) and on the provision for patents and rights in data and copyrights under Subpart K of this part.

(b) If you submit data, documents, or parts of documents which you consider to be confidential, you should clearly identify them with the words “trade secret," "proprietary," or "business confidential." For further instructions on assertion of confidentiality claims, see 40 CFR Part 2, Subpart

B.

$ 30.305 How do I find out if EPA ap

proved or disapproved my application? (a) If EPA approves your application, the award official will prepare and sign an assistance agreement and send it to you for signature. Your authorized representative must either sign and return the agreement to EPA within three calendar weeks after you receive it or request EPA to extend the time for acceptance. If you do not sign or request an extension within the three week period, the assistance agreement is null and void.

(b) If EPA disapproves your application, it will promptly notify you in writing. You may appeal EPA's disapproval under Subpart L.

(c) Sometimes, EPA will defer your application. You will be notified in writing of this decision.

(5) An invention report, if applicable;

(6) Any other reports that the assistance agreement may require.

(c) If approved by the award official, you may carry over unexpended prior year funds: (1) In lieu of new funds; (2) to complete work started in prior years; or (3) to supplement the new award. You must meet all program and cost sharing requirements in each budget period to carry over funds.

(d) If EPA executes a continuation agreement, EPA will reimburse you for allowable costs you incur between the end of a budget period and date of award for the next budget period provided you submit a continuation application before the expiration of the prior budget period. (48 FR 45062, Sept. 30, 1983, as amended at 49 FR 38944, Oct. 2, 1984)

8 30.306 How long will I have to complete

my project? (a) Your assistance agreement will state the length of your approved budget period(s) and project period. Subject to statutory provisions, your approved project period may include more than one budget period. In this case, you must submit a continuation application to EPA to request funding for each budget period after the initial one. EPA makes continuation awards subject to availability of funds and Agency priorities. (Assistance awards under 40 CFR Part 35, Subpart A, do not have project periods, but recipients of such awards may receive continuation awards.)

(b) The continuation application must include:

(1) A detailed progress report for the current budget period;

(2) A preliminary financial statement for the current budget period that includes estimates of the amount you expect to spend by the end of the current budget period and the amount of any uncommitted funds which you propose to carry over beyond the term of the current budget period;

(3) A budget for the new budget period;

(4) A detailed work plan revised to account for your actual accomplishments during the current budget period;

8 30.307 How much must I contribute to

the funding of my project? (a) The amount of cost sharing you must contribute depends upon the statutory and regulatory cost sharing provisions that apply to your specific assistance project (see 40 CFR Parts 35 and 40). You must contribute at least a 5 percent share of the total allowable project costs for each budget period unless;

(1) A lesser amount is specified in the respective statute or regulation applicable to your project; or

(2) The assistance agreement is for a remedial planning action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.

(b) You may satisfy the requirement for cost sharing with cash or, when not prohibited by statute or regulations, with in-kind contributions. Your contribution may not be paid with Federal funds or with property or services received under another assistance agreement, unless authorized by statute. Additionally, your contributions must be:

(1) Negotiated before and specified in your assistance agreement;

(2) Verifiable from your records;

(3) Used exclusively for a single project; and

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