nancial 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 budgeting 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 development has an impact on interstate metropolitan urban centers or other interstate areas; and

(7) Supports State and local governments by discouraging the reauthorization or creation of any planning organization which is federally-funded, which has a limited purpose, and which is not adequately representative of, or accountable to, State or local elected officials,

§ 29.5 What is the Administrator's obligation with respect to Federal interagency coordination?

The Administrator, to the extent practicable, consults with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and EPA regarding programs and activities covered under these regulations.

§ 29.6 What procedures apply to the selection of programs and activities under these regulations?

(a) A State may select any program or activity published in the FEDERAL REGISTER in accordance with § 29.3 of this part for intergovernmental review under these regulations. Each State, before selecting programs and activities, shall consult with local elected officials.

(b) Each State that adopts a process shall notify the Administrator of EPA programs and activities selected for that process.

(c) A State may notify the Administrator of changes in its selections at any time. For each change, the State shall submit an assurance to the Administrator that the State has consulted with local elected officials regarding the change. EPA may establish deadlines by which States are required to inform the Administrator of changes in their program selections.

(d) The Administrator uses a State's process as soon as feasible, depending on individual programs and activities, after the Administrator is notified of its selections.

§ 29.7 How does the Administrator communicate with State and local officials concerning the EPA programs and activities?

(a) For those programs and activities covered by a State process under § 29.6, the Administrator, to the extent permitted by law:

(1) Uses the State process to determine views of State and local elected officials; and

(2) Communicates with State and local elected officials, through the State process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions.

(b) The Administrator provides notice of proposed Federal financial assistance or direct Federal development to directly affected State, areawide, regional, and local entities in a State if:

(1) The State has not adopted a process under the Order; or

(2) The assistance or development involves a program or activity not selected for the State process.

This notice may be published in the FEDERAL REGISTER or issued by other means which EPA, in its discretion deems appropriate.

§ 29.8 How does the Administrator provide States an opportunity to comment on proposed Federal financial assistance and direct Federal development? (a) Except in unusual circumstances, the Administrator gives State processes or directly affected State, areawide, regional and local officials and entities:

(1) At least 30 days from the date established by the Administrator to comment on proposed Federal financial assistance in the form of noncompeting continuation awards; and

(2) At least 60 days from the date established by the Administrator to comment on proposed direct Federal development or Federal financial assistance, other than noncompeting continuation awards.

(b) This section also applies to comments in cases in which the review, coordination, and communication with the Environmental Protection Agency 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.

§ 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. However, if a State process recommendation is transmitted by a single point of contact, all comments from State,

area-wide, 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 State process recommendation submitted 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 intergovernmental 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.

§ 29.11 What are the Administrator's obligations in interstate situations?

(a) The Administrator is responsible for:

(1) Identifying proposed Federal financial assistance and direct Federal development that have an impact on 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 select an EPA program or activity;

(4) Responding in accordance with § 29.10 of this part to a recommendation received from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with EPA were dele

gated.

(b) The Administrator uses the procedures in § 29.10 if a State process provides a State process recommendation to the Agency through a single point of contact.

§ 29.12 How may a State simplify, consolidate, or substitute federally required State plans?

(a) As used in this section:

(1) "Simplify" means that a State may develop its own format, choose its own submission date, and select the planning period for a State plan.

(2) "Consolidate" means that a State may meet statutory and regulatory requirements by combining two or more plans into one document and that the State can select the format, submission date, and planning period for the consolidated plan.

(3) "Substitute" means that a State may use a plan or other document that it has developed for its own purposes to meet Federal requirements.

(b) If not inconsistent with law, a State may decide to try to simplify, consolidate, or substitute federally required State plans without prior approval by the Administrator.

(c) The Administrator reviews each State plan that a State has simplified, consolidated, or substituted and accepts the plan only if its contents meet Federal requirements.

§ 29.13 May the Administrator waive any provision of these regulations?

In an emergency, the Administrator may waive any provision of these regulations.

Į PART

:

C

30-GENERAL REGULATION FOR ASSISTANCE PROGRAMS FOR OTHER THAN STATE AND LOCAL GOVERNMENTS

Subpart A-What is the Purpose and Scope of this Regulation?

Sec.

30.100 What is the purpose of this regulation?

30.101 What is the scope of this regulation?

30.102 What laws authorize EPA to issue this regulation?

Subpart B-What Definitions Apply to this Regulation?

30.200 What definitions apply to this regulation?

Subpart C-How do I Apply for and Receive Assistance?

30.300 What activities does EPA fund? 30.301 To whom does EPA award assistance?

30.302 How do I apply for assistance?

30.303 What steps must i take when filing a standard application?

30.304 Is the information I submit to EPA confidential?

30.305 How do I find out if EPA approved or disapproved my application?

30.306 How long will I have to complete my project?

30.307 How much must I contribute to the funding of my project?

30.308 When may I begin incurring costs? 30.309 What is the effect of accepting an assistance agreement?

Subpart D-How does EPA Pay Me? 30.400 How does EPA make payments? 30.405 Can I assign my payment to anyone else?

30.410 How does EPA determine allowable costs?

30.412 How are costs categorized?

Subpart E-How do I Manage My Award? 30.500 What records must I maintain? 30.501 How long must I keep these records?

30.502 To whom must my contractor and I show these records?

30.526 How do I treat interest earned on EPA funds?

30.530 May I purchase personal property using EPA assistance funds?

30.531 What property management standards must I follow for nonexpendable personal property purchased with an EPA award?

30.532 How do I dispose of personal property?

30.535 May I purchase real property with EPA awarded funds?

30.536 How do I manage Federally-owned property?

30.537 Are contractors required to comply with EPA property policies?

30.538 May I use General Services Administration (GSA) supplies and services? 30.540 Who will audit my project?

Subpart F-What Other Federal Requirements Must I Comply With?

30.600 What Federal laws and policies affect my award?

30.601 Are there restrictions on the use of

assistance funds for advocacy purposes? 30.603 What additional Federal laws apply to EPA assisted construction projects? 30.610 What are my responsibilities for preventing and detecting fraud and other corrupt practices?

30.611 Can I hire a person or agency to solicit EPA assistance for me?

30.612 May an EPA employee act as my representative?

30.613 What is EPA's policy on conflict of interest?

30.615 May I employ a former EPA employee and still receive assistance?

Subpart G-Can an Assistance Agreement be

Changed?

30.700 What changes to my assistance agreement require a formal amendment?

30-136 0-89-11

Sec.

30.705 What changes can I make to my assistance agreement without a formal amendment?

30.710 Can I terminate a part or all of my assistance agreement?

Subpart H-How do I Close out my Project?

30.800 What records and reports must I keep after I complete my project? 30.802 Under what conditions will I owe money to EPA?

Subpart I-What Measures may EPA Take for Non-compliance?

30.900 What measures may EPA take for non-compliance?

30.901 What are the consequences of a

stop-work order?

30.902 What are the consequences of withholding payments?

30.903 What are the consequences of termination for cause?

30.904 What are the consequences of annulment?

30.905 May I request a review of a termination, or annulment?

30.906 What are the consequences of suspension or debarment?

Subpart J-Can I get an Exception ("Deviation") From These Regulations? 30.1001 Will EPA approve any exceptions to these regulations? 30.1002 Who may request a deviation? 30.1003 What information must I include in a deviation request?

30.1004 Who approves or disapproves a deviation request?

30.1005 May I request a review of a deviation decision?

Subpart K-What Policies Apply to Patents, Data, and Copyrights?

30.1100 What assistance agreements are subject to EPA patent rules? 30.1101 What Federal patent laws or policies govern my assistance agreement? 30.1102 What are my invention rights and

my reporting requirements if my award is other than an award under section 6914 of RCRA? 30.1103 What are my invention rights and obligations if I am a profitmaking firm with an award under section 6914 of RCRA?

30.1104 Can I get a waiver from section 6981(c) of RCRA?

30.1106 Do the patent rules apply to subagreements?

30.1108 Does EPA require any type of licensing of background patents that I own?

Sec. 30.1112 Are there any other patent clauses or conditions that apply to my award? 30.1130 What rights in data and copyrights does EPA acquire?

Subpart L-How are Disputes Between EPA Officials and me Resolved?

30.1200 What happens if an EPA official and I disagree about an assistance agreement requirement?

30.1205 If I file a request for review, with whom must I file?

30.1210 What must I include in my request for review or reconsideration? 30.1215 What are my rights after I file a request for review or reconsideration? 30.1220 If the Assistant Administrator confirms the final decision of the Headquarters disputes decision official, may I seek further administrative review? 30.1225 If the Regional Administrator confirms the final decision of the Regional disputes decision official, may I seek further administrative review at EPA Headquarters?

30.1230 Will I be charged interest if I owe money to EPA?

30.1235 Are there any EPA decisions which may not be reviewed under this subpart? APPENDIX A-EPA PROGRAMS

APPENDIX B-PATENTS AND COPYRIGHTS CLAUSES

APPENDIX C-RIGHTS IN DATA AND COPYRIGHTS

APPENDIX D-PART 30 REPORTING REQUIREMENTS

APPENDIX E-PART 30 AUDIT REQUIREMENTS FOR STATE AND LOCAL GOVERNMENT RECIPIENTS

AUTHORITY: 33 U.S.C. 1251 et seq.; 42 U.S.C. 7401 et seq.; 42 U.S.C. 6901 et seq.; 42 U.S.C. 300f et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 9601 et seq.

SOURCE: 48 FR 45062, Sept. 30, 1983, unless otherwise noted.

Subpart A-What is the Purpose and Scope of this Regulation?

§ 30.100 What is the purpose of this regulation?

(a) The U.S. Environmental Protection Agency (EPA) is responsible for protecting and enhancing the quality of the environment. To achieve these objectives, EPA may award assistance in the form of grants, cooperative agreements, or fellowships to support: (1) State and local pollution control programs; (2) research, demonstration,