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(38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975; 42 FR 56057, Oct. 20, 1977)

§ 10.140 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:

sewage disposal facilities and programs relating to health and hygiene. Such projects must also be for the further purpose of developing preliminary plans for providing such safe water and such elimination or control of water pollution for all native villages in the State of Alaska.

§ 40.140-1 All applications.

(a) The relevancy of the proposed project to the objectives of the EPA research and demonstration program;

(b) 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 the project is directed;

(e) The anticipated public benefits to be derived from the project in relation to the costs of the project;

(f) The competency of the applicant's staff and the adequacy of the applicant's facilities and available resources;

(g) The degree to which the project can be expected to produce results that will have general application to pollution control problems nationwide;

(h) Whether the project is consistent with existing plans or ongoing planning for the project area at the State, regional, and local levels;

(i) The existence and extent of local public support for the project;

(j) Whether the proposed project is environmentally sound;

(k) Proposed cost sharing.

8 40.145 Supplemental grant conditions.

In addition to the EPA general grant conditions (40 CFR, Part 30, Subpart C), all grants are awarded subject to the following requirements:

(a) The project will be conducted in an environmentally sound manner.

(b) In addition to the notification of project changes required pursuant to 40 CFR 30.900, prior written approval by the grants officer is required for project changes which may (1) alter the approved scope of the project, (2) substantially alter the design of the project, or (3) increase the amount of Federal funds needed to complete the project. No approval or disapproval of a project change pursuant to 40 CFR 30.900 or this section shall commit or obligate the United States to an increase in the amount of the grant or payments thereunder, but shall not preclude submission or consideration of a request for a grant amendment pursuant to 40 CFR 30.900-1.

(38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975]

8 40.140-2 (Reserved) $ 40.140-3 Federal Water Pollution Con

trol Act. (a) All applications for grants under section 105(c) must provide evidence that the proposed project will 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 have industrywide application;

(b) All applications for grants under section 113 must include provisions for community safe water supply systems, toilets, bathing and laundry facilities,

8 40.145-1 Resource Conservation and Re

covery Act. Programs for which a Federal grant is awarded by the Environmental Protection Agency to a State, municipal, interstate or intermunicipal agency, or to any public authority, agency or institution, under the Resource Conservation and Recovery Act, shall be the subject of public participation consistent with Part 249 of this chapter. (42 FR 56057, Oct. 20, 1977)

8 40.145-2 Federal Water Pollution Con

trol Act. (a) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimi

nation under any program or activity quately demonstrate its need to conreceiving assistance under the Act. tract with a single or sole source. All

(b) Grants under section 107 are such subagreements are subject to awarded subject to the conditions-(1) prior approval by the grants officer. that the State shall acquire any land (e) Construction work will be peror interests therein necessary for such formed by the fixed-price (lump sum) project to assure the elimination or or fixed-rate (unit price) method, or a control of acid or other mine water combination of these two methods. pollution; and (2) that the State shall unless the grants officer gives advance provide legal and practical protection written approval to use some other to the project area to insure against method of contracting. The cost-plusany activities which will cause future a-percentage-of-cost method of conacid or other mine water pollution. tracting shall not be used. Adequate

methods of advertising for and obtain§ 40.145-3 Projects involving construction.

ing competitive sealed bids will be emResearch and demonstration grants ployed prior to award of the construcfor projects involving construction tion contract. The award of the conshall be subject to the following condi. tract will be made to the responsible tions:

bidder submitting the lowest respon(a) The applicant will demonstrate sive bid, which shall be determined to the satisfaction of the grants officer without regard to State or local law that he has or will have a fee simple whereby preference is given on factors or such other estate or interest in the other than the specification requiresite of the project, and rights of ments and the amount of bid. The access, as the grants officer finds suffi grantee must promptly transmit to the cient to assure undisturbed use and grants officer copies of bid protests, possession for the purpose of construc decisions on such protests, and related tion and operation for the estimated correspondence. The grants officer life of the project; and in the case of will cause appropriate review of grantprojects serving more than one mu- ee procurement methods to be made. nicipality, that the participating com. (f) On construction contracts exmunities have such interests or rights ceeding $100,000, each bidder must as the grants officer finds sufficient to furnish a bid guarantee equivalent to 5 assure their undisturbed utilization of percent of the bid price. In addition, the project for the estimated life of the contractor awarded the contract the project.

must furnish performance and pay. (b) Invitations for bids or requests ment bonds, each of which shall be in for proposals shall be based upon a an amount not less than 100 percent clear and accurate description of the of the contract price. Construction technical requirements for the materi. contracts less than $100,000 shall al, product, or service to be procured. follow the State or local requirements Such description shall not, in competi relating to bid guarantees, performtive procurements, contain features ance bonds, and payment bonds. which unduly restrict competition. (g) The construction of the project, “Brand name or equal" description including the letting of contracts in may be used as a means to define the connection therewith, shall conform performance or other salient require to the applicable requirements of ments of a procurement, and when so State, territorial, and local laws and used the specific features of the ordinances to the extent that such renamed brand which must be met by quirements do not conflict with Federofferors should be clearly specified. al laws.

(c) Positive efforts shall be made by (h) The grantee will provide and the grantees to utilize small business maintain competent and adequate enand minority-owned business sources gineering supervision and inspection of supplies and services.

for the project to insure that the con(d) Subagreements for construction struction conforms with the approved work may be negotiated when adverplans and specifications. tising for competitive bids is not feasi. (i) Any construction contract must ble; however, the grantee must ade- provide that representatives of the Environmental Protection Agency and by appropriate EPA staff only. Recomthe State, as appropriate, will have mendations for continuation of fundaccess to the work whenever it is in ing will be based on progress toward preparation or progress and that the the accomplishment of the goals set contractor will provide proper facili- forth for the project and continued ties for such access and inspection Agency needs and priorities. The contract must also provide that the grants officer, the Comptroller $ 40.155 Availability of information. General of the United States, or any (a) The availability to the public of authorized representative shall have

information provided to, or otherwise access to any books, documents, obtained by, the Administrator under papers, and records of the contractor

this Part shall be governed by Part 2 which are pertinent to the project for

of this chapter. the purpose of making audit, examina

(b) An assertion of entitlement to tion, excerpts, and transcriptions

confidential treatment of part or all of thereof.

the information in an application may (j) The grantee agrees to construct

be made using the procedure described the project or cause it to be construct

in $ 30.235(b). See also $ $ 2.203 and ed in accordance with the application,

2.204 of this chapter. plans and specifications, and subagree

(c) All information and data conments approved by EPA in the grant

tained in the grant application will be agreement or amendments.

subject to external review unless devi(k) In addition to the notification of

ation is approved for good cause purproject changes pursuant to 40 CFR

suant to 40 CFR 30.1000. 30.900, a copy of any construction contract or modifications thereof, and of (38 FR 12784, May 15, 1973, as amended at revisions to plans and specifications 40 FR 20083, May 8, 1975; 41 FR 36918, must be submitted to the grants offi- Sept. 1, 1976) cer.

$ 40.160 Reports. (38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975)

$ 40.160-1 Progress reports. § 40.150 Evaluation of applications.

The grant agreement will normally

require the submission of a brief progEvery application for a research or

ress report after the end of each quardemonstration grant will be evaluated

ter of the budget period. A monthly by appropriate EPA staff in terms of

progress report may be required for relevancy and the applicable criteria

some demonstration projects, if set set forth in $ 40.140. Only applications

forth in the grant agreement. Progress considered relevant to EPA research

reports should fully describe in chart and demonstration objectives will re

or narrative format the progress ceive further consideration and be sub

achieved in relation to the approved jected to additional review. Relevancy

schedule and project milestones. Spewill be measured by program needs

cial problems or delays encountered and priorities as defined in the Agen

must be explained. A summary progcy's current planned objectives. Rel.

ress report covering all work on the evancy, coupled with the results of

project to date is required to be includtechnical review, will provide the basis

ed with applications for continuation for funding recommendations.

grants (see $ 40.165b). This report may (a) New applications. Applications

be submitted one quarter prior to the considered relevant to EPA research

end of the budget period. and demonstration objectives will be reviewed for technical merit by at $ 40.160-2 Financial status report. least one reviewer within EPA and at

A financial status report must be least two reviewers outside EPA.

prepared and submitted within 90 days Review by a National Advisory Coun

after completion of the budget and cil is statutorily required for radiation

project periods in accordance with grants.

$ 30.635-3. (b) Continuation applications. Continuation applications will be reviewed (42 FR 56057, Oct. 20, 1977)

$ 40.160-3 Reporting of inventions.

As provided in Appendix B of 40 CFR, Part 30, immediate and full reporting of all inventions to the Environmental Protection Agency is required. In addition:

(a) An annual invention statement is required with each continuation application.

(b) A final invention report is required within 90 days after completion of the project period.

(c) When a principal investigator changes institutions or ceases to direct a project, an invention statement must be promptly submitted with a listing of all inventions during his administration of the grant. (38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975)

$ 40.165 Continuation grants.

To be eligible for a continuation grant within the approved project period, the grantee must:

(a) Have demonstrated satisfactory 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 which includes a detailed summary progress report, an estimated financial statement for the current budget period, a budget for the new budget period; and an updated work plan revised to account for actual progress accomplished during the current budget period.

PART 45— TRAINING GRANTS AND

MANPOWER FORECASTING

8 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.

Subpart A-Training Grants Sec. 45.100 Purpose of regulation. 45.101 Applicability and scope. 45.102 Authority. 45.103 Objectives. 45.105 Definitions. 45.105-1 Professional training. 45.105-2 Scholarship. 45.105-3 Stipend. 45.105-4 Technician training. 45.115 Eligibility. 45.125 Application requirements. 45.130 Evaluation of applications. 45.135 Supplemental grant conditions. 45.140 Project period. 45.145 Allocation and allowability of costs. 45.150 Reports. 45.150-1 Interim progress report. 45.150-2 Final progress report. 45.150-3 Report of expenditures. 45.150-4 Equipment report. 45.155 Continuation grant.

8 40.160-5 Final report.

The grantee shall submit a draft of the final report for review no later than 90 days prior to the end of the approved project 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 project purposes and objectives. The report shall set forth in complete detail all technical aspects of the projects, both negative and positive, grantee's findings, conclusions, and results, including, as applicable, an evaluation of the technical effectiveness and economic feasibility of the methods or techniques investigated or demonstrated The final report shall include EPA comment when required by the grants officer. Prior to the end of the project period, one reproducible copy suitable for printing and such other copies as may be stipulated in the grant agreement shall be transmitted to the grants officer.

Subpart B-Manpower Forecasting

(Reserved) AUTHORITY: Authorities cited in $ 45.102.

SOURCE: 38 FR 16059, June 20, 1973, unless otherwise noted.

Subpart A-Training Grants

8 45.100 Purpose of regulation.

This part establishes and codifies policies and procedures governing the award of training grants by the Environmental Protection Agency.

section shall have the meanings set forth below.

84
8 45.105-1 Professional training.

Training of individuals, at the post baccalaureate level, in subjects which pertain to pollution abatement and control.

$ 45.105-2 Scholarship.

Financial assistance to students enrolled in a training program, limited to tuition and fees only.

$ 15.101 Applicability and scope.

This part establishes mandatory policies and procedures for all EPA training grants. The provisions of this part supplement the EPA general grant regulations and procedures (Part 30 of this chapter). Accordingly, all EPA training grants are awarded subject to the EPA general grant regulations and procedures (Part 30 of this chapter) and to the applicable provisions of this part 45. § 45.102 Authority.

The Environmental Protection Agency is authorized to award training grants under the following statutes:

(a) Section 103 of the Clean Air Act, as amended (42 U.S.C. 1857b).

(b) Sections 104, 109, 110, and 111 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1254, 1259, 1260, 1261).

(c) Sections 301 and 314 of the Public Health Service Act, as amended (42 U.S.C. 241 and 246).

(d) Sections 7007 and 8001 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6977 and 6981).

(e) Section 23 of the Federal Insecticide, Fungicide, and Rodenticide Act as amended by Pub. L. 92-516 (7 U.S.C. 136u). (38 FR 16059, June 20, 1973, as amended at 42 FR 56057, Oct. 20, 1977)

8 45.105-3 Stipend.

Supplemental financial assistance to students who are recipients of scholarships.

8 45.105-4 Technician training.

Training of individuals, at the post high school, junior college, and baccalaureate levels, in the practical technical details and special techniques of occupations in the environmental areas.

§ 45.103 Objectives.

Grants awarded under this part are intended for occupational and professional training and to develop careeroriented personnel qualified to work in pollution abatement and control. Training grants will be awarded:

(a) To assist in planning, implementing, and improving environmental training programs;

(b) To increase the number of adequately trained pollution control and abatement personnel;

(c) To upgrade the level of training among State and local environmental control personnel; and

(d) To bring new people into the environmental control field. 8 45.105 Definitions.

As used throughout this Subpart A, the words and terms defined in this

8 45.115 Eligibility.

Training grants may be awarded to any responsible applicant as follows:

(a) Clean Air Act-Section 103(6)(3). Air pollution control agencies, public and nonprofit private agencies, institutions, organizations, and to individuals. No grant may be made under this act to any private profitmaking organization.

(b) Federal Water Pollution Control Act-(1) Section 104(6)(3). State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and to individuals.

(2) Section 104(9)(3)(A). Public or private agencies and institutions, and to individuals.

(3) Sections 104(9)(1) and 104(9)(3)(C). State and interstate agencies, municipalities, educational institutions, and other organizations and to individuals.

(4) Sections 109, 110, and 111. Institutions of higher education or combinations of such institutions.

(c) Resource Conservation and Recovery Act. (1) Section 7007(a). State or interstate agencies, municipalities,

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