[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR35.111]

[Page 424-425]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 35--STATE AND LOCAL ASSISTANCE--Table of Contents
 
                 Subpart A--Environmental Program Grants
 
Sec. 35.111  Criteria for approving an application.

    (a) The Regional Administrator may approve an application upon 
determining that:
    (1) The application meets the requirements of this subpart and 40 
CFR part 31;
    (2) The application meets the requirements of all applicable federal 
statutes; regulations; circulars; executive orders; and delegations, 
approvals, or authorizations;

[[Page 425]]

    (3) The proposed work plan complies with the requirements of 
Sec. 35.107; and
    (4) The achievement of the proposed work plan is feasible, 
considering such factors as the applicant's existing circumstances, past 
performance, program authority, organization, resources, and procedures.
    (b) If the Regional Administrator finds the application does not 
satisfy the criteria in paragraph (a) of this section, the Regional 
Administrator may either:
    (1) Conditionally approve the application if only minor changes are 
required, with grant conditions necessary to ensure compliance with the 
criteria, or
    (2) Disapprove the application in writing.