40 C.F.R. § 35.2118

Preaward costs

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(a) EPA will not award grant assistance for Step 2 + 3 and Step 3 work performed before award of grant assistance for that project, except:

(1) In emergencies or instances where delay could result in significant cost increases, the Regional Administrator may approve preliminary building work (such as procurement of major equipment requiring long lead times, field testing of innovative and alternative technologies, minor sewer rehabilitation, acquisition of eligible land or an option for the purchase of eligible land or advance building on minor portions of treatment works) after completion of the environmental review as required by § 35.2113.

(2) If the Regional Administrator approves preliminary Step 3 work, such approval is not an actual or implied commitment of grant assistance and the applicant proceeds at its own risk.

(b) Any procurement is subject to the requirements of 40 CFR part 33, and in the case of acquisition of eligible real property, 40 CFR part 4.

(Approved by the Office of Management and Budget under control number 2040-0027) [49 FR 6234, Feb. 17, 1984, as amended at 55 FR 27097, June 29, 1990]

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: Town of Orangetown v. Ruckelshaus, 740 F.2d 185 (2d Cir. 1984).

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Town of Orangetown v. Ruckelshaus, 740 F.2d 185 (2d Cir. 1984). “Regarding Orangetown’s claim that the EPA failed to determine whether any of Rockland’s pre-award costs were eligible for federal funds, see 40 C.F.R. § 35.2118 , both the grant application and the grant agreement specifically excluded preliminary expenses from the grant award.”

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