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the contractor awarded the contract must furnish performance and payment bonds, each of which shall be in an amount not less than 100 percent of the contract price. Construction contracts less than $100,000 shall follow the State or local requirements relating to bid guarantees, performance bonds, and payment bonds.

(g) The construction of the project, including the letting of contracts in connection therewith, shall conform to the applicable requirements of State, territorial, and local laws and ordinances to the extent that such requirements do not conflict with Federal laws.

(h) The grantee will provide and maintain competent and adequate engineering supervision and inspection for the project to insure that the construction conforms with the approved plans and specifications.

(i) Any construction contract must provide that representatives of the Environmental Protection Agency and the State, as appropriate, will have access to the work whenever it is in preparation or progress and that the contractor will provide proper facilities for such access and inspection. The contract must also provide that the grants officer, the Comptroller General of the United States, or any authorized representative shall have access to any books, documents, papers, and records of the contractor which are pertinent to the project for the purpose of making audit, examination, excerpts, and transcriptions thereof.

(j) The grantee agrees to construct the project or cause it to be constructed in accordance with the application, plans and specifications, and subagreements approved by EPA in the grant agreement or amendments.

(k) In addition to the notification of project changes pursuant to 40 CFR 30.900, a copy of any construction contract or modifications thereof, and of revisions to plans and specifications must be submitted to the grants offi

cer.

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

§ 40.150 Evaluation of applications.

Every application for a research or demonstration grant will be evaluated by appropriate EPA staff in terms of relevancy and the applicable criteria set forth in § 40.140. Only applications considered relevant to EPA research and demonstration objectives will receive further consideration and be subjected to additional review. Relevancy will be measured by program needs and priorities as defined in the Agency's current planned objectives. Relevancy, coupled with the results of technical review, will provide the basis for funding recommendations.

(a) New applications. Applications considered relevant to EPA research and demonstration objectives will be reviewed for technical merit by at least one reviewer within EPA and at least two reviewers outside EPA. Review by a National Advisory Council is statutorily required for radiation grants.

(b) Continuation applications. Continuation applications will be reviewed by appropriate EPA staff only. Recommendations for continuation of funding will be based on progress toward the accomplishment of the goals set forth for the project and continued Agency needs and priorities.

§ 40.155 Availability of information.

(a) The availability to the public of information provided to, or otherwise obtained by, the Administrator under this Part shall be governed by Part 2 of this chapter.

(b) An assertion of entitlement to confidential treatment of part or all of the information in an application may be made using the procedure described in § 30.235(b). See also §§ 2.203 and 2.204 of this chapter.

(c) All information and data contained in the grant application will be subject to external review unless deviation is approved for good cause pursuant to 40 CFR 30.1000.

[38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975; 41 FR 36918, Sept. 1, 1976]

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The grant agreement will normally require the submission of a brief progress report after the end of each quarter of the budget period. A monthly progress report may be required for some demonstration projects, if set forth in the grant agreement. Progress reports should fully describe in chart or narrative format the progress achieved in relation to the approved schedule and project milestones. Special problems or delays encountered must be explained. A summary progress report covering all work on the project to date is required to be included with applications for continuation grants (see § 40.165b). This report may be submitted one quarter prior to the end of the budget period.

§ 40.160-2 Financial status report.

A financial status report must be prepared and submitted within 90 days after completion of the budget and project periods in accordance with § 30.635-3.

[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]

§ 40.160-4 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 acqui

sition cost of $300 or more and having a useful life of more than 1 year.

§ 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.

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(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]

§ 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.

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occupations in the environmental

areas.

§ 45.115 Eligibility.

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

(a) Clean Air Act-Section 103(b)(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(b)(3). State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and to individuals.

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

(3) Sections 104(g)(1) and 104(g)(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, educational institutions, and other organizations.

(2) Section 8001(a) Federal, State, and interstate or local authorities, agencies, and institutions, private agencies and institutions, and individuals.

(3) No grant may be made under this Act to any private profit-making organization.

(d) Public Health Service Act. Grants will be made only to a university, hospital, laboratory, other public and private institutions, and to individuals. No grant may be made under this Act to any profit-making organization. (e) Federal Insecticide, Fungicide, and Rodenticide Act-(1) Section

23(a). States.

[38 FR 16059, June 20, 1973, as amended at 42 FR 56057, Oct. 20, 1977]

§ 45.125 Application requirements.

Applications shall be submitted in accordance with Part 30, Subpart B of this chapter.

§ 45.130 Evaluation of applications.

Periodically, training grant applications will be evaluated for program relevance, and will compete for available funds according to priorities established by EPA. Evaluations shall be conducted by EPA staff with advisory assistance as appropriate. Consideration will be given to the following criteria:

(a) Relevance of proposal to agency objectives, priorities, achievement of national goals and technical merit;

(b) Competency of the proposed staff in relation to the type of project involved;

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(c) Feasibility of the proposal; (d) Adequacy of applicant's sources available for the project; (e) Amount of grant funds necessary for the completion of the project;

(f) In addition, grants awarded under section 104(g)(1) of the Federal Water Pollution Control Act, shall be subject to the following criteria:

(1) Assessment of need for training in a State or municipality based on such problems as violation of discharge permit conditions, and faulty or improper operation and/or maintenance of existing plants.

(2) Wastewater treatment works construction grant activities in the State.

§ 45.135 Supplemental grant conditions.

In addition to the EPA general grant conditions, each training grant shall be subject to the following conditions:

(a) The grantee shall not require the performance of personal services by individuals receiving training as a condition for assistance.

(b) Recipients of assistance under training grants shall be entitled to the normal student holidays observed by an academic institution, or the holiday and vacation schedule applicable to all trainees at a nonacademic institution.

(c) Recipients of assistance under training grants must be citizens of the United States, its territories, or possessions, or lawfully admitted to the United States for permanent residence.

(d) Generally training grants will provide for student support only through scholarships. Stipends are permitted when, in the judgment of

the grantee, they are needed to attract qualified students: Provided, That not more than $20,000 of amounts awarded for a budget period may be used for such stipends: And further provided, That no annual stipend may be less than $1,000 or more than $3,000 with payment prorated monthly.

(e) Training grants awarded under section 111 of the Federal Water Pollution Control Act will be subject to the following condition: Grantees must obtain the following agreement in writing from persons awarded scholarships under section 111 for undergraduate study of the operation and maintenance of treatment works:

I agree to enter and remain in an occupation involving the design, operation, or maintenance of waste treatment works for a period of 2 years after the satisfactory completion of my studies under this program. I understand that if I fail to perform this obligation I may be required to repay the amount of my scholarship.

The grantee agrees to take such action as may reasonably be required to enforce the foregoing agreement. Any sums received by the grantee shall be credited to the EPA grant payments or paid to the United States.

(f) Training grants awarded under the Resource Conservation and Recovery Act will be subject to the following condition: Any training program or project for which a Federal grant is awarded to a State, interstate, municipal or local authority, agency or institution shall be the subject of public participation consistent with Part 249 of this chapter.

[38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975; 42 FR 56058, Oct. 20, 1977]

§ 45.140 Project period.

The project period for a training grant may not exceed 3 years.

§ 45.145 Allocation and allowability of costs.

(a) Allocation and allowability of costs will be determined in accordance with § 30.705 of this chapter.

(b) Costs incurred for the purchase of land or the construction of buildings are not allowable.

[38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975; 42 FR 56058, Oct. 20, 1977]

§ 45.150 Reports.

§ 45.150-1 Interim progress report.

An application for continued support shall include a brief (less than five pages) progress report. This progress report must show the progress achieved and explain special problems or delays.

§ 45.150-2 Final progress report.

A final progress report is required 90 days prior to conclusion of the project period. The report shall briefly document project activities during the entire project period and shall set forth the extent to which the project objectives have been achieved.

§ 45.150-3 Report of expenditures.

No later than 90 days following the end of each budget period the grantee must submit a report of project expenditures. Final report of expenditures must reflect cumulative project expenditures.

§ 45.150-4 Equipment report.

No later than 90 days following the end of the project period the grantee must 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.

§ 45.155 Continuation grant.

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.

(b) Submit a continuation application including an interim progress report and an estimated report of expenditures.

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