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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 40--Protection of Environment
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER B--GRANTS AND OTHER FEDERAL ASSISTANCE
PART 35--STATE AND LOCAL ASSISTANCE
Subpart A--ENVIRONMENTAL PROGRAM GRANTS
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| Environmental programs covered by the subpart. |
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| Components of a complete application. |
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| Time frame for submitting an application. |
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| Time frame for EPA action. |
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| Criteria for approving an application. |
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| Factors considered in determining award amount. |
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| Reimbursement for pre-award costs. |
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| Amendments and other changes. |
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| Evaluation of performance. |
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| Purpose of Performance Partnership Grants. |
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| Programs eligible for inclusion. |
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| Activities eligible for funding. |
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| Application requirements. |
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| Minimum cost share for a Performance Partnership Grant. |
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Subpart B--ENVIRONMENTAL PROGRAM GRANTS FOR TRIBES
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| Environmental programs covered by the subpart. |
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| Deviation from this subpart. |
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| Eligibility of an Intertribal Consortium. |
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| Components of a complete application. |
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| Time frame for submitting an application. |
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| Time frame for EPA action. |
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| Criteria for approving an application. |
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| Factors considered in determining award amount. |
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| Reimbursement for pre-award costs. |
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| Amendments and other changes. |
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| Evaluation of performance. |
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| Purpose of Performance Partnership Grants. |
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| Programs eligible for inclusion. |
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| Activities eligible for funding. |
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| Application requirements. |
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| Eligibility requirements. |
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| Annual amount reserved by EPA. |
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| Annual amount reserved by EPA. |
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Subparts C-D--[RESERVED]
Subpart E--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS--CLEAN WATER ACT
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| Summary of construction grant program. |
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| Municipal pretreatment program. |
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| Innovative and alternative technologies. |
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| Period of availability; reallotment. |
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| Additional allotments of previously withheld sums. |
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| Fiscal Year 1977 public works allotments. |
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| Fiscal Year 1977 Supplemental Appropriations Act allotments. |
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| Allotments for fiscal years 1978-1981. |
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| Allotment of Fiscal Year 1978 appropriation. |
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| Allotment of Fiscal Year 1979 appropriation. |
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| Allotment of Fiscal Year 1980 appropriation. |
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| Reallotment of deobligated funds of Fiscal Year 1978. |
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| Delegation to State agencies. |
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| State priority system and project priorty list. |
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| Reserves related to the project priority list. |
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| Facilities planning (step 1). |
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| Content of facilities plan. |
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| Planning scope and detail. |
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| Acceptance by implementing governmental units. |
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| State review and certification of facilities plan. |
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| Submission and approval of facilities plan. |
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| Revision or amendment of facilities plan. |
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| Additional limitations on awards for individual systems. |
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| Eligible and ineligible costs. |
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| Requirements for discharge of effluents. |
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| Water quality management plans and agencies. |
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| Funding and other capabilities. |
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| Operation and maintenance program. |
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| User charges and industrial cost recovery. |
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| Sewage collection system. |
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| Compliance with environmental laws. |
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| Treatment of industrial wastes. |
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| Retained amounts for reconstruction and expansion. |
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| Limitation upon project costs incurred prior to award. |
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| Sewer system evaluation and rehabilitation. |
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| Infiltration/inflow analysis. |
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| Sewer system evaluation survey. |
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| Requirements for an industrial cost recovery system. |
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| Approval of the industrial cost recovery system. |
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| Use of industrial cost recovery payments. |
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| Implementation of the industrial cost recovery system. |
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| Moratorium on industrial cost recovery payments. |
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| Requirements for user charge system. |
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| Approval of the user charge system. |
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| General requirements for all user charge systems. |
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| Implementation of the user charge system. |
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| Award of grant assistance. |
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| Limitation on Federal share. |
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| Grantee responsibilities. |
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| Davis-Bacon and related statutes. |
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| Equal employment opportunity. |
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| Project initiation and completion. |
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| Copies of contract documents. |
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| Operation and maintenance. |
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| Submission and approval of user charge systems. |
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| Submission and approval of industrial cost recovery system. |
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| Sewer use ordinance and evaluation/rehabilitation program. |
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| Municipal pretreatment program. |
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| Innovative processes and techniques. |
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| Grantee procurement systems; State or local law. |
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| Federal procurement regulations. |
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| General requirements for subagreements. |
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| Limitations on subagree-ment award. |
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| Code or standards of conduct. |
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| Fraud and other unlawful or corrupt practices. |
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| Negotiation of subagree-ments. |
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| Delegation to State agencies; certification of procurement systems. |
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| Subagreements for architectural or engineering services. |
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| Type of contract (subagreement). |
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| Evaluation of qualifications. |
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| Solicitation and evaluation of proposals. |
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| Cost and price considerations. |
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| Required solicitation and subagreement provisions. |
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| Subagreement payments--architectural or engineering services. |
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| Applicability to existing contracts. |
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| Subcontracts under subagreements for architectural or engineering services. |
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| Construction contracts (subagreements) of grantees. |
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| Negotiation of contract amendments (change orders). |
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| Progress payments to contractors. |
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| Retention from progress payments. |
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| Required construction contract provisions. |
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| Subcontracts under construction contracts. |
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| Determination of allowable costs. |
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| Costs allowable, if approved. |
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| Disputes concerning allowable costs. |
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| Suspension, termination or annulment of grants. |
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| Grant amendments to increase grant amounts. |
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| Appendix C
-1 to Subpart E of Part 35--Required Provisions--Consulting Engineering Agreements |
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| Appendix C
-2 to Subpart E of Part 35--Required Provisions--Construction Contracts |
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Subparts F-G--[RESERVED]
Subpart H--COOPERATIVE AGREEMENTS FOR PROTECTING AND RESTORING PUBLICLY OWNED FRESHWATER LAKES
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| Summary of clean lakes assistance program. |
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| Publicly owned freshwater lake. |
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| Diagnostic-feasibility study. |
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| Indian Tribe set forth at 40 CFR 130.6(d). |
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| Application requirements. |
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| Contents of applications. |
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| Environmental evaluation. |
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| State work programs and lake priority lists. |
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| Intergovernmental review. |
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| State lake classification surveys. |
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| Application review and evaluation. |
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| Application review criteria. |
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Subpart I--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
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| State priority system and project priority list. |
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| Water quality management planning. |
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| Combined sewer overflows. |
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| Allowance and advance of allowance. |
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| Innovative and alternative technologies. |
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| Privately owned individual systems. |
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| Rotating biological contractor (RBC) replacement grants. |
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| Design/build project grants. |
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| Review of grant applications. |
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| Effect of approval or certification of documents. |
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| Water quality management planning. |
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| Funding and other considerations. |
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| Debarment and suspension. |
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| Intermunicipal service agreements. |
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| Phased or segmented treatment works. |
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| Access to individual systems. |
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| Revised water quality standards. |
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| Marine discharge waiver applicants. |
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| Approval of user charge system and proposed sewer use ordinance. |
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| Treatment of wastewater from industrial users. |
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| Maximum allowable project cost. |
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| Operation and maintenance. |
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| Adoption of sewer use ordinance and user charge system. |
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| Field testing for Innovative and Alternative Technology Report. |
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| Grantee responsibilities. |
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| Notice of building completion and final inspection. |
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| Determination of allowable costs. |
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| Advance purchase of eligible land. |
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| Funding of field testing. |
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| Subagreement enforcement. |
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Subpart J--CONSTRUCTION GRANTS PROGRAM DELEGATION TO STATES
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| Extent of State responsibilities. |
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| Certification procedures. |
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| Overview of State performance under delegation. |
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| Right of review of State decision. |
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Subpart K--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
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| Eligible activities of the SRF. |
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| Authorized types of assistance. |
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| Limitations on SRF assistance. |
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| The capitalization grant agreement. |
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| Specific capitalization grant agreement requirements. |
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| Environmental review requirements. |
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| Application of other Federal authorities. |
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Subpart L--DRINKING WATER STATE REVOLVING FUNDS
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| Purpose, policy, and applicability. |
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| Establishment of the DWSRF program. |
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| Allotment and withholdings of funds. |
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| Systems, projects, and project-related costs eligible for assistance from the Fund. |
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| Authorized types of assistance from the Fund. |
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| Limitations on uses of the Fund. |
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| Authorized set-aside activities. |
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| Requirements for funding set-aside activities. |
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| Capitalization grant agreement. |
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| Specific capitalization grant agreement requirements. |
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| General payment and cash draw rules. |
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| Specific cash draw rules for authorized types of assistance from the Fund. |
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| Application of Federal cross-cutting authorities (cross-cutters). |
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| Environmental review requirements. |
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| Compliance assurance procedures. |
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Subpart M--GRANTS FOR TECHNICAL ASSISTANCE
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| What is a Technical Assistance Grant? |
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| What does this subpart do? |
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| Do the general grant regulations for nonprofit organizations apply to TAGs? |
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| If there appears to be a difference between the requirements in 40 CFR part 30 and this subpart, which regulations should my group follow? |
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| Do certain words in this subpart have specific meaning? |
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| Is my community group eligible for a TAG? |
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| Is there any way my group can get a TAG if it is currently ineligible? |
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| Can I be part of a TAG group if I belong to an ineligible group? |
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| Does EPA use the same eligibility criteria for TAGs at ''Federal facility'' sites? |
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| How many groups can receive a TAG at one Superfund site? |
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| What requirements must my group meet as a TAG recipient? |
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| Must my group contribute toward the cost of a TAG? |
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| What if my group can't come up with the ''matching funds?'' |
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| How much money can my group receive through a TAG? |
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| How can my group get more than $50,000? |
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| How can my group spend TAG money? |
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| Are there things my group can't spend TAG money for? |
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| Does my group get a lump sum up front, or does EPA reimburse us for costs we incur? |
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| Can my group get an ''advance payment'' to help us get started? |
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| If my group is eligible for an advance payment, how do we get our funds? |
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| What can my group pay for with an advance payment? |
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| Can my group incur any costs prior to the award of our grant? |
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| What is the first step for getting a TAG? |
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| What information should an LOI include? |
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| What does EPA do once it receives the first LOI from a group? |
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| After the public notice that EPA has received an LOI, how much time does my group have to form a coalition or submit a separate LOI? |
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| What does my group do next? |
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| What else does my group need to do? |
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| What must be included in my group's budget? |
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| What period of time should my group's budget cover? |
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| What must be included in my group's work plan? |
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| How much time do my group or other interested groups have to submit a TAG application to EPA? |
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| What happens after my group submits its application to EPA? |
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| How does EPA decide whether to award a TAG to our group? |
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| What does EPA do if more than one group applies for a TAG at the same site? |
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| Does the TAG application process affect the schedule for work at my site? |
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| When does EPA award a TAG? |
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| What kinds of reporting does EPA require? |
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| What other reporting and record keeping requirements are there? |
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| Must my group keep financial records after we finish our TAG? |
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| What does my group do with reports our technical advisor prepares for us? |
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| How does my group identify a qualified technical advisor? |
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| Are there certain people my group cannot select to be our technical advisor, grant administrator, or other contractor under the grant? |
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| What restrictions apply to contractors my group procures for our TAG? |
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| How does my group procure a technical advisor or any other contractor? |
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| Must my group solicit and document bids for our procurements? |
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| What if my group can't find an adequate number of potential sources for a technical advisor or other contractor? |
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| How does my group ensure a prospective contractor does not have a conflict of interest? |
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| What if my group decides a prospective contractor has a conflict of interest? |
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| What are my group's contractual responsibilities once we procure a contractor? |
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| Are there specific provisions my group's contract(s) must contain? |
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| What provisions must my group's TAG contractor comply with if it subcontracts? |
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| How does my group resolve a disagreement with EPA regarding our TAG? |
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| Under what circumstances would EPA terminate my group's TAG? |
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| Can my group terminate our TAG? |
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| What other steps might EPA take if my group fails to comply with the terms and conditions of our award? |
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| How does my group close out our TAG? |
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| Where can my group get the documents this subpart references (for example, OMB circulars, other subparts, forms)? |
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Subpart N--[RESERVED]
Subpart O--COOPERATIVE AGREEMENTS AND SUPERFUND STATE CONTRACTS FOR SUPERFUND RESPONSE ACTIONS
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| Indian Tribe and intertribal consortium eligibility. |
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| Requirements for both applicants and recipients. |
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| Deviation from this subpart. |
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| Eligibility for pre-remedial Cooperative Agreements. |
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| State-lead pre-remedial Cooperative Agreements. |
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| Political subdivision-lead pre-remedial Cooperative Agreements. |
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| Indian Tribe-lead pre-remedial Cooperative Agreements. |
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| Eligibility for remedial Cooperative Agreements. |
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| State-lead remedial Cooperative Agreements. |
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| Indian Tribe-lead remedial Cooperative Agreements. |
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| Political subdivision-lead remedial Cooperative Agreements. |
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| Notification of the out-of-State or out-of-an-Indian-Tribal-area-of-Indian-country transfer of CERCLA waste. |
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| Eligibility for enforcement Cooperative Agreements. |
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| Activities eligible for funding under enforcement Cooperative Agreements. |
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| State, political subdivision or Indian Tribe-lead enforcement Cooperative Agreements. |
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| Eligibility for removal Cooperative Agreements. |
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| Removal Cooperative Agreements. |
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| Eligibility for Core Program Cooperative Agreements. |
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| Activities eligible for funding under Core Program Cooperative Agreements. |
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| Application requirements. |
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| Eligibility for support agency Cooperative Agreements. |
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| Support agency Cooperative Agreement requirements. |
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| Combining Cooperative Agreement sites and activities. |
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| Standards for financial management systems. |
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| Period of availability of funds. |
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| Recipient payment of response costs. |
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| General personal property acquisition and use requirements. |
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| Alternative methods for obtaining property. |
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| Title and EPA interest in CERCLA-funded property. |
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| Title to federally owned property. |
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| Property management standards. |
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| Disposal of CERCLA-funded property. |
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| Equipment disposal options. |
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| Disposal of federally owned property. |
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| Acquisition and transfer of interest. |
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| Procurement system standards. |
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| Use of the same engineer during subsequent phases of response. |
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| Restrictions on types of contracts. |
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| Contracts awarded by a contractor. |
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| Notification of significant developments. |
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| Property inventory reports. |
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| Monitoring program performance. |
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| Enforcement and termination for convenience. |
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| Exclusion of third-party benefits. |
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| Collection of amounts due. |
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| Superfund State Contract. |
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| Administrative requirements. |
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Subpart P--FINANCIAL ASSISTANCE FOR THE NATIONAL ESTUARY PROGRAM
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| Summary of annual process. |
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| Application for assistance. |
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| EPA action on application. |
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| Evaluation of recipient performance. |
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| National program assistance agreements. |
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