(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 Confidential data.

(a) Applicants submitting proposals containing confidential data should clearly indicate their desire for confidential treatment of such data by EPA. Confidential treatment will be rendered by EPA to the extent permissible under the Freedom of Information Act (5 U.S.C. 552) and EPA regulations promulgated pursuant thereto (40 CFR pt. 2).

(b) Each application containing data which the applicant desires to be held confidential and used by EPA for evaluation purposes only, shall be marked on the cover sheet with the following legend:

Data contained in pages through of this application shall not be used or disclosed, except for evaluation purposes, unless such data is obtained from another source without restriction. If, however, a grant or contract is awarded as a result of or in connection with this application, the government shall have the unlimited right to duplicate, use or disclose such data for any purpose, unless otherwise provided in such grant or contract. Such data may be subject to disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552), and EPA regulations promulgated pursuant thereto (40 CFR p. 2).

(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 30.1001.

describe in chart or narrative format the progress achieved in relation to the appoved 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 Report of project expendi

tures.

A written expenditures report for each budget period must be submitted to the grants officer within 90 days after the end of each budget period within the project period and within 90 days after completion of the project.

§ 40.160-3 Reporting of inventions.

As provided in appendix B of this subchapter, 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.

§ 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.

§ 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.

§ 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.

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 204 and 210 of the Solid Waste Disposal Act, as amended (42 U.S.C. 3253 and 3254d).

(e) Section 23 of the Federal Insecticide, Fungicide, and Rodenticide Act as amended by Public Law 92-516 (7 U.S.C. 136u).

§ 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.

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

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

(c) Solid Waste Disposal Act.-(1) Section 204(b) (3).—Public or private agencies and institutions and individuals.

(2) Section 210(a).-State or interstate agencies, municipalities, educational institutions, and other organizations.

(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.

§ 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;

(c) Feasibility of the proposal;

(d) Adequacy of applicant's resources 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 condi

tions.

In addition to the EPA general grant conditions (appendix A to subchapter B of this title), 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 or paid to the United States in accordance with 30.603 of this chapter.

ect 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.

§ 45.140 Project period.

Sec.

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

46.100

46.101

46.102

§ 45.145 Allocation and allowability of

46.103

costs.

(a) Allocation and allowability of costs will be determined in accordance with § 30.701 of this chapter.

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

Eligibility.

Application requirements.

Evaluation of application.

Initiation of studies.

Fellowship agreement.

Award and duration of fellowship.

46.141

46.145

Fellowship agreement amendment. Payment.

46.150

46.155

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 proj

46.165

Publications and thesis.

Deviations.

Termination.

AUTHORITY: Authorities cited in § 46.102. SOURCE: 38 FR 16061, June 20, 1973, unless otherwise noted.

§ 46.100 Purpose of regulation.

This part establishes and codifies policies and procedures governing the

The Environmental Protection Agency is authorized to grant fellowship awards under the following statutes:

(a) Section 103(b) (6) of the Clean Air Act as amended (42 U.S.C. 1857b (b) (6)).

(b) Sections 104(b) (5) and 104(g) (3) (B) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1254 (b) (5) and 1254(g) (3) (B)).

§ 46.103 Objectives.

Fellowships awarded under this part are intended to encourage and promote the specialized training of individuals as practitioners in pollution abatement and control.

§ 46.104 Type of fellowships.

(a) Agency fellowships are awarded to present or prospective employees of a regional, State, or local environmental pollution control or regulatory agency to provide training for and upgrading of personnel in the areas of pollution abatement and control.

(b) Special fellowships are awarded to individuals for education and training in pollution control science, engineering, and technology and in specialty areas supportive of pollution abatement and control efforts. $ 46.105

Definitions.

§ 46.105-1 Full-time fellow.

An individual duly enrolled in an educational program directly relating to pollution abatement and control, and taking a minimum of 12 semester or quarter hours for credit or an academic workload otherwise defined by the institution as a full-time curriculum. The fellow need not be pursuing an advanced degree.

§ 46.105-2 Part-time fellow.

An individual duly enrolled in an educational program directly relating to pollution abatement and control, and taking not less than 3 credit hours per academic term. The fellow need not be pursuing an advanced degree.

§ 46.105-3 Stipend.

Supplemental financial assistance to recipients of fellowships.

§ 46.110 Benefits.

(a) Recipients of assistance under this part shall be entitled to tuition and fees, an allowance for books and supplies up to a maximum of $250, and the normal student holidays observed by an academic institution.

(b) Agency fellows attending fulltime may, on the basis of need, set forth in the application, receive an annual stipend up to $6,500 from EPA funds.

(c) Agency fellows attending parttime may receive a small stipend when justified by needs related to the purpose of the fellowship.

(d) Special fellows may receive not more than $3,600 total annual amount from EPA for full-time attendance payable on a pro-rata monthly basis. § 46.115

Eligibility.

All applicants for fellowships under this part must be (a) citizens of the United States, its territories, or possessions, or lawfully admitted to the United States for permanent residence, and (b) accepted by an accredited educational institution for full or part-time enrollment for academic credit in an educational program which directly relates to pollution apatement and control. Applicants for agency fellowships must be present or prospective employees of a regional, State, or local environmental pollution control or regulatory agency. Present employees must be recommended for a fellowship by their employing agency. Priority in award of fellowships to prospective agency employees will be given to those applicants who provide evidence that they have explored, in direct agency contact, opportunities for agency employment. Such applicants are encouraged to obtain written appraisal of their employment potential and probability of actual employment assuming successful completion of the training.

§ 46.120 Application requirements.

All applications for EPA fellowships shall be submitted to the Grants Administration Division, Environmental Protection Agency, Washington, D.C. 20460, upon such forms as the Administrator shall prescribe and shall include copies