40 CFR 35.2118 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (§ 1.1 To Appendix To Subpart M Of Part 49) — Environmental Protection Agency (§ 1.1 To Appendix To Subpart M Of Part 49) — Grants And Other Federal Assistance (§ 33.101 To Appendix To Subpart M Of Part 49) — State And Local Assistance (§ 35.001 To § 35.9070) — Grants For Construction Of Treatment Works (§ 35.2000 To Appendix B To Subpart I Of Part 35) — Preaward costs.

(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.