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of the project (including such actions same matter may be held jointly by as more specific output requirements more than one agency where this does and milestone schedules for output not conflict with the policy of this achievement; interim EPA review of paragraph. Special efforts shall be public participation activities and ma- made to coordinate public participa. terials prepared by the agency, and tion procedures under this part and phased release of funds based on com applicable regulations elsewhere in pliance with milestone schedules.) this chapter with environmental asEPA may terminate or suspend part or sessment and analysis procedures all financial assistance for non-compli- under 40 CFR Part 6. EPA encourages ance with public participation require interstate agencies in particular to de. ments, and may take any further ac- velop combined proceedings for the tions that it determines to be appro States concerned. priate in accordance with Parts 30 and 35 of this chapter (see, in particular, $ 25.14 Termination of reporting require. $$ 30.340, Noncompliance and 30.615 ments. 3, Withholding of Payments, and Sub All reporting requirements specifipart H of Part 30, Modification, Sus cally established by this part will terpension, and Termination).

minate on (5 years from date of publi(b) State programs approved in lieu cation) unless EPA acts to extend the

federal programs. State compliance requirements beyond that date. with applicable public participation requirements in programs specified in

PART 29—INTERGOVERNMENTAL $ 25.2(a) (6) and (7) and administered

REVIEW OF ENVIRONMENTAL by approved States shall be monitored by EPA during the annual review of

PROTECTION AGENCY PROGRAMS the State's program, and during any

AND ACTIVITIES financial or program audit or review of

Sec. these programs. EPA may withdraw

29.1 What is the purpose of these regulaan approved program from a State for

tions? failure to comply with applicable

29.2 What definitions apply to these regupublic participation requirements.

lations? (c) Other covered programs. Assuring 29.3 What programs and activities of the compliance with these public partici Environmental Protection Agency are pation requirements for programs not subject to these regulations? covered by paragraphs (a) and (b) of 29.4 What are the Administrator's general this section is the responsibility of the

responsibilities under the Order? Administrator of EPA. Citizens with

29.5 What is the Administrator's obligation

with respect to federal interagency coinformation concerning alleged fail

ordination? ures to comply with the public partici

29.6 What procedures apply to the selecpation requirements should notify the

tion of programs and activities under Administrator. The Administrator will these regulations? assure that instances of alleged non- 29.7 How does the Administrator communicompliance are promptly investigated cate with state and local officials conand that corrective action is taken

cerning EPA programs and activities? where necessary.

29.8 How does the Administrator provide

states an opportunity to comment on & 25.13 Coordination and non-duplication.

proposed federal financial assistance

and direct federal development? The public participation activities 29.9 How does the Administrator receive and materials that are required under and respond to comments? this part should be coordinated or 29.10 How does the Administrator make ef. combined with those of closely related forts to accommodate intergovernmen- . programs or activities wherever this

tal concerns? will enhance the economy, the effec

29.11. What are the Administrator's obliga. tiveness, or the timeliness of the

tions in interstate situations?

29.12 How may a state simplify, consolieffort; enhance the clarity of the

date, or substitute federally required issue; and not be detrimental to par

state plans? ticipation by the widest possible 29.13 May the Administrator waive any public. Hearings and meetings on the provision of these regulations?

the

U.S. Virgin Islands, or the Trust Territory of the Pacific Islands.

AUTHORITY: E.O. 12372, July 14, 1982 (47 FR 30959), as amended Apr. 8, 1983 (48 FR 15887); sec. 401 of the Intergovernmental Cooperation Act of 1968 as amended (31 U.S.C. 6506); sec. 204 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3334).

SOURCE: 48 FR 29300, June 24, 1983, unless otherwise noted.

EFFECTIVE DATE NOTE: Part 29, added at 48 FR 29300, June 24, 1983, is effective Sept. 30, 1983.

8 29.3 What programs and activities of the

Environmental Protection Agency are subject to these regulations? The Administrator publishes in the FEDERAL REGISTER a list of the EPA programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities and Metropolitan Development Act.

& 29.1 What is the purpose of these regula.

tions? (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs," issued July 14, 1982, and amended, on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergov. ernmental Cooperation Act of 1968, as amended and section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended.

(b) These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on state, areawide, regional and local coordination for review of proposed federal financial assistance and direct federal development.

(c) These regulations are intended to aid the internal management of the Environmental Protection Agency (EPA) and are not intended to create any right or benefit enforceable at law by a party against EPA or its officers.

& 29.4 What are the Administrator's gener

al responsibilities under the Order? (a) The Administrator provides opportunities for consultation by elected officials of those state and local gov. ernments that would provide the nonfederal funds for, or that would be di. rectly affected by, proposed federal financial 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 budg. eting systems are sufficient and where permitted by law, encourages the substitution of state plans for federally required state plans;

(6) Seeks the coordination of views of affected state and local elected officials in one state with those of another state when proposed federal financial assistance or direct federal de

8 29.2 What definitions apply to these reg

ulations? “Administrator" means the Administrator of the U.S. Environmental Protection Agency or an official or employee of the Agency acting for the Administrator under a delegation of authority.

"Agency" means the U.S. Environ. mental Protection Agency (EPA). "Order" means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983, and titled “Intergovernmental Review of Federal Programs."

"States" means any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the

velopment has an impact on interstate 8 29.7 How does the Administrator commetropolitan urban centers or other municate with state and local officials interstate areas; and

concerning the EPA programs and ac(7) Supports state and local govern tivities? ments by discouraging the reauthori (a) For those programs and activities zation or creation of any planning or- covered by a state process under $ 29.6, ganization which is federally-funded, the Administrator, to the extent perwhich has a limited purpose, and mitted by law: which is not adequately representative (1) Uses the state process to deterof, or accountable to, state or local mine views of state and local elected elected officials,

officials; and

(2) Communicates with state and $ 29.5 What is the Administrator's obliga. local elected officials, through the

tion with respect to federal interagency state process, as early in a program coordination?

planning cycle as is reasonably feasible The Administrator, to the extent

to explain specific plans and actions. practicable, consults with and seeks

(b) The Administrator provides

notice of proposed federal financial asadvice from all other substantially af

sistance or direct federal development fected federal departments and agen

to directly affected state, areawide, recies in an effort to assure full coordi

gional, and local entities in a state if: nation between such agencies and EPA

(1) The state has not adopted a procregarding programs and activities cov

ess under the Order; or ered under these regulations.

(2) The assistance or development

involves a program or activity not se8 29.6 What procedures apply to the selec

lected for the state process. tion of programs and activities under

This notice may be published in the these regulations?

FEDERAL REGISTER or issued by other (a) A state may select any program means which EPA, in its discretion or activity published in the FEDERAL deems appropriate. REGISTER in accordance with § 29.3 of this part for intergovernmental review

8 29.8 How does the Administrator prounder these regulations. Each state,

vide States an opportunity to comment before selecting programs and activi.

on proposed federal financial assist. ties, shall consult with local elected of.

ance and direct Federal development? ficials.

(a) Except in unusual circumstances, (b) Each state that adopts a process the Administrator gives state processshall notify the Administrator of EPA es or directly affected state, areawide, programs and activities selected for regional and local officials and entithat process.

ties: (c) A state may notify the Adminis

(1) At least 30 days from the date estrator of changes in its selections at

tablished by the Administrator to any time. For each change, the state

comment on proposed federal finanshall submit an assurance to the Ad.

cial assistance in the form of noncomministrator that the state has consult

peting continuation awards; and ed with local elected officials regard.

(2) At least 60 days from the date es

tablished by the Administrator to ing the change. EPA may establish deadlines by which states are required

comment on proposed direct federal

development or federal financial asto inform the Administrator of

sistance, other than noncompeting changes in their program selections.

continuation awards. (d) The Administrator uses a state's

(b) This section also applies to comprocess as soon as feasible, depending ments in cases in which the review, coon individual programs and activities, ordination, and communication with after the Administrator is notified of the Environmental Protection Agency its selections.

have been delegated.

(c) Applicants for programs and activities subject to section 204 of the

Demonstration Cities and Metropolitan Development Act shall allow areawide agencies a 60-day opportunity for review and comment.

8 29.9 How does the Administrator receive

and respond to comments? (a) The Administrator follows the procedures in § 29.10 if:

(1) A state office or official is designated to act as a single point of contact between a state process and all federal agencies, and

(2) That office or official transmits a state process recommendation for a program selected under $ 29.6.

(b) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation. Howev. er, if a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted.

(c) If a state has not established a process, or is unable to submit a state process recommendation, the state, areawide, regional and local officials and entities may submit comments directly either to the applicant or to EPA.

(d) If a program or activity is not selected for a state process, the state, areawide, regional and local officials and entities may submit comments either directly to the applicant or to EPA. In addition, if a state process recommendation for a nonselected program or activity is transmitted to EPA by the single point of contact, the Administrator follows the procedures of $ 29.10 of this part.

(e) The Administrator considers comments which do not constitute a

do not constitute a state process recommendation submit. ted under these regulations and for which the Administrator is not required to apply the procedures of $ 29.10 of this part, when such comments are provided by a single point of contact, by the applicant, or directly to the Agency by a commenting party.

29.10 How does the Administrator make

efforts to accommodate intergovern. mental concerns? (a) If a state process provides a state process recommendation to the Agency through the state's single point of contact, the Administrator either: (1) Accepts the recommendation;

(2) reaches a mutually agreeable solution with the state process; or

(3) Provides the single point of contact with such written explanation of the decision, as the Administrator, in his or her discretion, deems appropriate. The Administrator may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.

(b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of 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 do 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 quirements by combining two or more select an EPA program or activity; plans into one document and that the

(4) Responding in accordance with state can select the format, submission $ 29.10 of this part to a recommenda date, and planning period for the contion received from a designated solidated plan. areawide agency transmitted by a

(3) "Substitute" means that a state single point of contact, in cases in

may use a plan or other document which the review, coordination, and

that it has developed for its own purcommunication with EPA were dele

poses to meet federal requirements. gated. (b) The Administrator uses the pro

(b) If not inconsistent with law, a

state may decide to try to simplify, cedures in § 29.10 if a state process

consolidate, or substitute federally reprovides a state process recommendation to the Agency through a single

quired state plans without prior appoint of contact.

proval by the Administrator.

(c) The Administrator reviews each 8 29.12 How may a state simplify, consoli. state plan that a state has simplified,

date, or substitute federally required consolidated, or substituted and acstate plans?

cepts the plan only if its contents (a) As used in this section:

meet federal requirements. (1) "Simplify" means that a state

$ 29.13 May the Administrator waive any may develop its own format, choose its own submission date, and select the

provision of these regulations? planning period for a state plan.

In an emergency, the Administrator (2) "Consolidate" means that a state may waive any provision of these regumay meet statutory and regulatory re- lations.

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