[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR35.114]

[Page 421-422]
 
                   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. 35.114  Amendments and other changes.

    The provisions of 40 CFR 31.30 do not apply to environmental program 
grants awarded under this subpart. The following provisions govern 
amendments and other changes to grant work plans and budgets after the 
work plan is negotiated and a grant awarded.
    (a) Changes requiring prior approval. Recipients may make 
significant changes in work plan commitments only after obtaining the 
Regional Administrator's prior written approval. EPA, in consultation 
with the recipient, will document these revisions including budgeted 
amounts associated with the revisions.
    (b) Changes requiring approval. Recipients must request, in writing, 
grant amendments for changes requiring increases in environmental 
program grant amounts and extensions of the funding period. Recipients 
may begin implementing a change before the amendment has been approved 
by EPA, but do so at their own risk. If EPA approves the change, EPA 
will issue a grant amendment. EPA will notify the recipient in writing 
if the change is disapproved.
    (c) Changes not requiring approval. Other than those situations 
described in paragraphs (a) and (b) of this section, recipients do not 
need to obtain approval for changes, including changes in grant work 
plans, budgets, or other components of grant agreements, unless the 
Regional Administrator determines approval requirements should be 
imposed on a specific recipient for a specified period of time.
    (d) OMB cost principles. The Regional Administrator may waive in 
writing approval requirements for specific recipients and costs 
contained in OMB cost principles.
    (e) Changes in consolidated grants. Recipients of consolidated 
grants under

[[Page 422]]

Sec. 35.109 may not transfer funds among environmental programs.
    (f) Subgrants. Subgrantees must request required approvals in 
writing from the recipient and the recipient shall approve or disapprove 
the request in writing. A recipient will not approve any work plan or 
budget revision which is inconsistent with the purpose or terms and 
conditions of the federal grant to the recipient. If the revision 
requested by the subgrantee would result in a significant change to the 
recipient's approved grant which requires EPA approval, the recipient 
will obtain EPA's approval before approving the subgrantee's request.