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ent defer the protested procurement (g) If an appeal involves legal issues action, if it has not already done so, not explicitly addressed by this Part until the award official notifies the re- or State or local law, the award officipient of the formal or informal reso- cial shall resolve the issue by referring lution of the appeal. Such deferral of to other protest determinations under the procurement action shall be limit- this section and decisions of the ed to the award of the subagreement, Comptroller General of the United or subitem which is the basis of the States or of the Federal courts adprotest.

dressing Federal requirements compa(c) If the recipient does not defer rable to procurement requirements of the procurement action it bears the risk that the award official will disallow the cost of the protested procure- APPENDIX A-PROCEDURAL REQUIREment action if the protest appeal is


CERTIFY THEIR PROCUREMENT (d) If the protester does not agree to

SYSTEM, OR FOR RECIPIENTS WHO the recipient's request for a reasonable

HAVE THEIR PROCUREMENT CERTIFICAextension of the bid and bid bond TION REVOKED BY EPA period, the recipient or award official

(a) The following procedural requirements can summarily dismiss the protest

apply to recipients who: appeal.

(1) Do not certify to EPA that their pro

curement system meets the minimum pro8 33.1135 Award official's review.

curement requirements in this part, or (a) The award official will give both (2) Have their procurement certification the recipient and the protester, as well

revoked by the award official as stated in as any other party with a financial in

$ 33.115(b).

(b) Those recipients must comply with the terest which may be adversely affected

requirements in this part, plus the following by the determination of protest, an op

procedural requirements. These procedural portunity to present arguments in sup

requirements supplement the requirements port of their views in writing or at a in the sections cited. conference.

(1) To comply with $ 33.250, “Documenta(b) The award official shall review tion," the recipient must submit to the the record considerd by the recipient, award official the records required by this and any other documents or argu- section. ments presented by the parties, to de

(2) To comply with $ 33.290, “Cost and termine whether the recipient has

price considerations," the recipient's concomplied with the procurement re

tractors and subcontractors must submit

their cost or price data of EPA Form 5700quirements of this part and has a

41 "Cost or Price Summary Format for Surational basis for its determination of

bagreements Under U.S. EPA Grants," or protest.

on a form which contains information simi(c) After the award official's an lar to that required by the EPA Form 5700nounced date for receipt of written ar 41. guments, the record shall be closed.

(3) To comply with $ 33.420,"Time for (d) The award official's determina

preparing bids,” the recipient must generaltion shall constitute final EPA action,

ly allow at least 30 days between the date from which there shall be no further

when it first publishes the public notice and

the date by which bids must be submitted. administrative appeal. No party may

(4) To comply with $ 33.415, “Public notice appeal an award official's determina

and solicitation of bids,” when the estimattion of appeal to the EPA Board of As ed cost of construction is expected to exceed sistance Appeals.

$10 million, the recipient must generally (e) Nothing in this subpart precludes publish the notice in trade journals of nathe award official from reviewing the

tionwide distribution for a least 30 days. recipient's procurement action. (See

(5) To comply with $ 33.510, "Adequate $ 33.115.)

public notice," the recipient must generally

publish the notice in professional journals, (f) Noncompliance with the award

newspapers, or publications of general circuofficial's determination of protest

lation over a reasonable area for at least 30 shall be cause for enforcement action days. The recipient may use posted public under 40 CFR Parts 30 and 32.

notices or written notification directed to in

terested persons, firms or professional organizations.



Sec. 35.528 Agency program submission. 35.529 Program approval. 35.530 Grant conditions. 35.535 Assignment of personnel. 35.538 Agency evaluation and reports. 35.538-1 Agency evaluation. 35.538-2 Reports.

Sec. 35.001 Purpose of regulation. 35.002 Applicability and scope.

Subpart A-[Reserved)

Subpart B-Program Grants

35.400 Purpose. 35.400-1 Air pollution control agency grant

awards. 35.400-2 (Reserved) 35.400-3 Public water system supervision

program grant awards. 35.400-4 Solid and hazardous waste man

agement program support grant awards. 35.400-5 Pesticide enforcement and certifi

cation program grant awards. 35.400-6 Underground water source protec

tion program grant awards. 35.403 Authority. 35.404 Annual guidance. 35.405 Criteria for evaluation of program

objectives. 35.410 Evaluation of agency performance. 35.415 Financial status report. 35.420 Payment. 35.425 Federal and grantee program sup

port. AIR POLLUTION CONTROL PROGRAM GRANTS 35.501 Definitions. 35.501-1 Air pollution. 35.501-2 Air pollution control agency. 35.501-3 Air pollution control program. 35.501-4 Air quality control region. 35.501-5 Implementation plan. 35.501-6 Interstate air quality control

region. 35.501-7 Municipality. 35.501-8 Nonrecurrent expenditures. 35.501-9 State. 35.505 Allocation of funds. 35.507 Federal assistance for agency pro

grams. 35.507-1 Limitations on assistance. 35.507-2 Limitations on duration. 35.510 Grant allotment and amount. 35.510-1 Tentative allotment. 35.510-2 Grant amount. 35.510-3 Reduction of grant amount. 35.510-4 Limitations. 35.515 Control program eligibility. 35.520 Criteria for award. 35.526 Agency program preparation. 35.527 Major program elements and out



SUPERVISION PROGRAMS 35.600 Scope and purpose. 35.603 Definitions. 35.605 Determination of allotments, 35.605-1 Notification of allotments and re

allotments. 35.607 Rate of Federal assistance. 35.611 Application for grant. 35.611-1 State program plan/grant submis

sion. 35.613 Limitation on grant award. 35.620 Allowable costs. 35.622 Budget period. 35.624 Reduction of grant amount. 35.626 State program plan. 35.626-1 Program elements of a public

water system supervision program. 35.626-2 Regional Administrator's action

on grant application, 35.628 Program limitations, 35.630 Assignment of personnel.


PROTECTION PROGRAM GRANTS 35.650 Scope and purpose. 35.653 Definitions. 35.655 Determination of allotments. 35.656 Determination of reallotments. 35.657 Rate of Federal assistance. 35.659 Eligibility for grant award. 35.660 Limitation on grant award. 35.661 A-95 Clearinghouse review. 35.662 Allowable costs. 35.664 Budget period. 35.666 Reduction of grant amount. 35.670 Annual State program grant plan. 35.670-1 General. 35.670-2 State program grant preparation. 35.670-3 State program grant submission. 35.670-4 Major program elements and out

puts. 35.670-5 Regional Administrator's action

on grant application. 35.675 Assignment of personnel. 35.680 Program evaluation and reports. 35.680-1 Program evaluation. 35.680-2 Reports. SOLID AND HAZARDOUS WASTE MANAGEMENT

PROGRAM SUPPORT GRANTS 35.700 Purposes. 35.701 Definitions. 35.701-1 The Act. 35.701-2 Substate entity. 35.701-3 Nonrecurrent expenditures.

Sec. 35.786 Reporting.

Subpart C-Grants for Construction of

Wastewater Treatment Works

Sec. 35.702 Summary of program. 35.704 Eligibility for funding. 35.706 Allotments. 35.706-1 Solid waste management planning

and implementation. 35.706-2 Hazardous waste management

program development and implementa

tion. 35.706-3 Rural communities assistance. 35.706-4 States and substate implementa

tion grants. 35.706-5 Special communites. (Reserved) 35.708 Regional allowances. 35.710 Grant amount. 35.712 Reduction of grant amount. 35.714 Federal share. 35.716 Budget period. 35.718 State program development and

submission. 35.718-1 Plan submission requirements. 35.718-2 Annual work program submission

requirements. 35.720 Involvement of legislative and other

agencies. 35.722 Program elements. 35.724 Clearinghouse review. 35.726 Public participation. 35.728 Program review and approval. 35.730 Required outputs. 35.730-1 Inventory requirements. 35.732 Implementation and substate

grants. 35.734 Rural communities assistance. 35.736 Special communities. (Reserved) 35.738 Limitations on award. 35.738-1 Area and agency identification. 35.738-2 Maintenance of effort. 35.738-3 Federal grant as supplementary. 35.738-4 Letter of intent. 35.738-5 Partial authorization. 35.738-6 State/EPA agreement. 35.740 Adherence to budget estimates. 35.742 Program changes. 35.744 Program evaluation and reporting. ASSISTANCE FOR PESTICIDE ENFORCEMENT AND

APPLICATOR CERTIFICATION PROGRAMS 35.750 Scope and purpose. 35.751 Definitions. 35.752 Eligibility. 35.753 A-95 clearinghouse review. 35.755 Application submission. 35.758 Application evaluation. 35.761 Allotments and distribution of

funds. 35.762 Enforcement funds. 35.763 Applicator certification funds. 35.764 Amount of assistance and realloca

tion. 35.767 Rate of Federal assistance. 35.769 Reduction of amount. 35.771 Budget period. 35.775 Program plan. 35.778 Program elements. 35.782 Program evaluation.

35.800 Purpose. 35.801 Authority. 35.805 Definitions. 35.805-1 Construction, 35.805-2 Intermunicipal agency. 35.805-3 Interstate agency. 35.805-4 Municipality. 35.805-5 State. 35.805-6 State water pollution control

agency. 35.805-7 Treatment works. 35.810 Applicant eligibility. 35.815 Allocation of funds. 35.815-1 Allotments to States. 35.815-2 Reallotment. 35.820 Grant limitations. 35.820-1 Exceptions. 35.825 Application for grant. 35.825-1 Preapplication procedures. 35.825-2 Formal application, 35.830 Determining the desirability of

projects. 35.835 Criteria for award. 35.835-1 State plan and priority. 35.835-2 Basin control. 35.835-3 Regional and metropolitan plan. 35.835-4 Adequacy of treatment. 35.835-5 Industrial waste treatment. 35.835-6 Design. 35.835-7 Operation and maintenance. 35.835-8 Operation during construction. 35.835-9 Postconstruction inspection. 35.840 Supplemental grant conditions. 35.845 Payments.

Subpart D-Reimbursement Grants 35.850 Purpose. 35.855 Project eligibility. 35.860 Eligible and ineligible costs. 35.865 Applications. 35.870 Grant amount. 35.875 Initiation of construction. 35.880 Disputes.

Subpart E-Grants for Construction of

Treatment Works-Clean Water Act 35.900 Purpose. 35.901 Program policy. 35.903 Summary of construction grant pro

gram. 35.905 Definitions. 35.907 Municipal pretreatment program. 35.908 Innovative and alternative technol

ogies. 35.909 Step 2 + 3 grants. 35.910 Allocation of funds. 35.910-1 Allotments. 35.910-2 Period of availability; reallotment. Sec. 35.910-3 (Reserved) 35.910-4 (Reserved) 35.910-5 Additional allotments of previous

ly withheld sums. 35.910-6 Fiscal year 1977 public works al

lotments. 35.910-7 Fiscal year 1977 Supplemental

Appropriations Act allotments. 35.910-8 Allotments for fiscal years 1978

1981. 35.910-9 Allotment of Fiscal Year 1978 ap

propriation. 35.910-10 Allotment of Fiscal Year 1979

appropriation. 35.910-11 Allotment of Fiscal Year 1980

appropriation. 35.910-12 Reallotment of deobligated

funds of fiscal year 1978. 35.912 Delegation to State agencies. 35.915 State priority system and project

priority list. 35.915-1 Reserves related to the project

priority list. 35.917 Facilities planning (step 1). 35.917-1 Content of facilities plan. 35.917-2 State responsibilities. 35.917-3 Federal assistance. 35.917-4 Planning scope and detail. 35.917-5 Public participation. 35.917-6 Acceptance by implementing gov

ernmental units. 35.917-7 State review and certification of

f facilities plan. 35.917-8 Submission and approval of facili

i. ties plan. 35.917-9 Revision or amendment of facili

ties plan. 35.918 Individual systems. 35.918-1 Additional limitations on awards

for individual systems. 35.918-2 Eligible and ineligible costs. 35.918-3 Requirements for discharge of ef

fluents. 35.920 Grant application. 35.920-1 Eligibility. 35.920-2 Procedure. 35.920-3 Contents of application. 35.925 Limitations on award. 35.925-1 Facilities planning. 35.925-2 Water quality management plans

and agencies. 35.925-3 Priority determination. 35.925-4 State allocation. 35.925-5 Funding and other capabilities. 35.925-6 Permits. 35.925-7 Design. 35.925-8 Environmental review. 35.925-9 Civil rights. 35.925-10 Operation and maintenance pro

gram. 35.925-11 User charges and industrial cost

recovery. 35.925-12 Property. 35.925-13 Sewage collection system.

Sec. 35.925-14 Compliance with environmental

laws. 35.925-15 Treatment of industrial wastes. 35.925-16 Federal activities. 35.925-17 Retained amounts for recon

struction and expansion. 35.925–18 Limitation upon project costs in

curred prior to award. 35.925-19 (Reserved) 35.925-20 Procurement. 35.925-21 Storm sewers. 35.926 Value engineering (VE). 35.927 Sewer system evaluation and reha

bilitation. 35.927-1 Infiltration/inflow analysis. 35.927-2 Sewer system evaluation survey. 35.927-3 Rehabilitation. 35.927-4 Sewer use ordinance. 35.927-5 Project procedures. 35.928 Requirements for an industrial cost

recovery system. 35.928-1 Approval of the industrial cost re

covery system. 35.928-2 Use of industrial cost recovery

payments. 35.928-3 Implementation of the industrial

cost recovery system, 35.928-4 Moratorium on industrial cost re

covery payments. 35.929 Requirements for user charge

system. 35.929-1 Approval of the user charge

system. 35.929-2 General requirements for all user

charge systems. 35.929-3 Implementation of the user

charge system. 35.930 Award of grant assistance. 35.930-1 Types of projects. 35.930-2 Grant amount. 35.930-3 Grant term. 35.930-4 Project scope. 35.930-5 Federal share. 35.930-6 Limitation on Federal share. 35.935 Grant conditions. 35.935-1 Grantee responsibilities. 35.935-2 Procurement. 35.935-3 Property. 35.935-4 Step 2 + 3 projects. 35.935-5 Davis-Bacon and related statutes. 35.935-6 Equal employment opportunity. 35.935-7 Access. 35.935-8 Supervision. 35.935-9 Project initiation and completion. 35.935-10 Copies of contract documents. 35.935-11 Project changes. 35.935-12 Operation and maintenance. 35.935-13 Submission and approval of user

charge systems. 35.935-14 Final inspection. 35.935-15 Submission and approval of in

dustrial cost recovery system. 35.935-16 Sewer use ordinance and evalua

tion/rehabilitation program. 35.935-17 Training facility.

Sec. 35.935-18 Value engineering. 35.935-19 Municipal pretreatment pro

gram. 35.935-20 Innovative processes and tech

niques. 35.936 Procurement. 35.936-1 Definitions. 35.936-2 Grantee procurement systems;

State or local law. 35.936-3 Competition. 35.936-4 Profits. 35.936-5 Grantee responsibility. 35.936-6 EPA responsibility. 35.936-7 Small and minority business. 35.936-8 Privity of contract. 35.936-9 Disputes. 35.936-10 Federal procurement regula

tions. 35.936-11 General requirements for suba

greements. 35.936–12 Documentation. 35.936-13 Specifications. 35.936-14 Force account work. 35.936-15 Limitations on subagreement

award. 35.936-16 Code or standards of conduct. 35.936-17 Fraud and other unlawful or cor

rupt practices. 35.936-18 Negotiation of subagreements. 35.936-19 Small purchases. 35.936-20 Allowable costs. 35.936-21 Delegation to State agencies; cer

tification of procurement systems. 35.936-22 Bonding and insurance. 35.937 Subagreements for architectural or

engineering services. 35.937-1 Type of contract (subagreement). 35.937-2 Public notice. 35.937-3 Evaluation of qualifications. 35.937-4 Solicitation and evaluation of pro

posals. 35.937-5 Negotiation. 35.937-6 Cost and price considerations. 35.937-7 Profit. 35.937-8 Award of subagreement. 35.937-9 Required solicitation and suba

greement provisions. 35.937-10 Subagreement payments-archi

tectural or engineering services. 35.937-11 Applicability to existing con

tracts. 35.937-12 Subcontracts under subagree

ments for architectural or engineering

services. 35.938 Construction contracts (subagree

ments) of grantees. 35.938-1 Applicability. 35.938-2 Performance by contract. 35.938-3 Type of contract. 35.938-4 Formal advertising. 35.938-5 Negotiation of contract amend.

ments (change orders). 35.938-6 Progress payments to contractors. 35.938-7 Retention from progress pay.


Sec. 35.938-8 Required construction contract

provisions. 35.938-9 Subcontracts under construction

contracts. 35.939 Protests. 35.940 Determination of allowable costs. 35.940-1 Allowable project costs. 35.940-2 Unallowable costs. 35.940-3 Costs allowable, if approved. 35.940-4 Indirect costs. 35.940-5 Disputes concerning allowable

costs. 35.945 Grant payments. 35.950 Suspension, termination or annul

ment of grants. 35.955 Grant amendments to increase

grant amounts. 35.960 Disputes. 35.965 Enforcement. 35.970 Contract enforcement. APPENDIX A-COST-EFFECTIVENESS ANALYSIS









Subpart F-State Management Assistance


35.1000 Purpose and scope. 35.1005 Policy. 35.1010 Application for grant. 35.1015 Eligibility for funding. 35.1016 Limitations on award. 35.1020 Grant amount and award. 35.1025 Payment. 35.1030 Delegation agreement. 35.1030-1 Scope of delegation agreement. 35.1030-2 Certification procedures. 35.1030-3 Limitation on delegation. 35.1030-4 Terms of delegation agreement. 35.1030-5 Implementation of the delega

tion agreement. 35.1030-6 State assurance. 35.1030-7 Determination of competence. 35.1030-8 Amendments. 35.1030-9 Right of review; appeal. 35.1033 Public participation. 35.1035 Adherence to budget estimates. 35.1040 Program evaluation and reporting. 35.1045 Reduction of grant amount; sus

pension or termination of grants. 35.1050 Disputes.

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