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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>1999-07-01</DATE>
    <ORIGINALDATE>1999-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>FELLOWSHIPS</TITLE>
    <GRANULENUM>46</GRANULENUM>
    <HEADING>PART 46</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="2">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="1">ENVIRONMENTAL PROTECTION AGENCY</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="0">GRANTS AND OTHER FEDERAL ASSISTANCE</PARENT>
    </ANCESTORS>
  </FDSYS>
  <PART>
    <EAR>Pt. 46</EAR>
    <HD SOURCE="HED">PART 46—FELLOWSHIPS</HD>
    <CONTENTS>
      <SECHD>Sec.</SECHD>
      <SECTNO>46.100</SECTNO>
      <SUBJECT>Purpose.</SUBJECT>
      <SECTNO>46.105</SECTNO>
      <SUBJECT>Authority.</SUBJECT>
      <SECTNO>46.110</SECTNO>
      <SUBJECT>Objectives.</SUBJECT>
      <SECTNO>46.115</SECTNO>
      <SUBJECT>Types of fellowships.</SUBJECT>
      <SECTNO>46.120</SECTNO>
      <SUBJECT>Definitions.</SUBJECT>
      <SECTNO>46.125</SECTNO>
      <SUBJECT>Benefits.</SUBJECT>
      <SECTNO>46.130</SECTNO>
      <SUBJECT>Eligibility.</SUBJECT>
      <SECTNO>46.135</SECTNO>
      <SUBJECT>Submission of applications.</SUBJECT>
      <SECTNO>46.140</SECTNO>
      <SUBJECT>Evaluation of applications.</SUBJECT>
      <SECTNO>46.145</SECTNO>
      <SUBJECT>Fellowship agreement.</SUBJECT>
      <SECTNO>46.150</SECTNO>
      <SUBJECT>Fellowship agreement amendment.</SUBJECT>
      <SECTNO>46.155</SECTNO>
      <SUBJECT>Supplemental conditions.</SUBJECT>
      <SECTNO>46.160</SECTNO>
      <SUBJECT>Acceptance of fellowship award.</SUBJECT>
      <SECTNO>46.165</SECTNO>
      <SUBJECT>Duration of fellowship.</SUBJECT>
      <SECTNO>46.170</SECTNO>
      <SUBJECT>Initiation of studies.</SUBJECT>
      <SECTNO>46.175</SECTNO>
      <SUBJECT>Completion of studies.</SUBJECT>
      <SECTNO>46.180</SECTNO>
      <SUBJECT>Payment.</SUBJECT>
      <APP>
        <E T="05">Appendix A to Part 46—Environmental Protection Agency Fellowship Programs</E>
      </APP>
    </CONTENTS>
    <AUTH>
      <HD SOURCE="HED">Authority:</HD>
      <P>Sec. 103(b)(5) of the Clean Air Act as amended, (42 U.S.C. 7403(b)(5)); secs. 104(b)(5) and (g)(3)(B) of the Clean Water Act, as amended (33 U.S.C. 1254(b)(5) and (g)(3)(B)); sec. 1442(d)(2) of the Safe Drinking Water Act, as amended, (42 U.S.C. 300j-1(d)(2)); and sec. 8001 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6981).</P>
    </AUTH>
    <SOURCE>
      <HD SOURCE="HED">Source:</HD>
      <P>49 FR 41006, Oct. 18, 1984, unless otherwise noted.</P>
    </SOURCE>
    <SECTION>
      <SECTNO>§ 46.100</SECTNO>
      <SUBJECT>Purpose.</SUBJECT>
      <P>This part establishes the policies and procedures for all Environmental Protection Agency (EPA) fellowships and supplements the requirements in 40 CFR part 30, “General Regulation for Assistance Programs.”</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.105</SECTNO>
      <SUBJECT>Authority.</SUBJECT>
      <P>The EPA is authorized to award fellowships under the following statutes:</P>
      <P>(a) Section 103(b)(5) of the Clean Air Act as amended (42 U.S.C. 7403(b)(5));</P>
      <P>(b) Section 104(b)(5) and (g)(3)(B) of the Clean Air Act, as amended (33 U.S.C. 1254(b)(5) and (g)(3)(B);</P>
      <P>(c) Section 1442(d)(2) of the Safe Drinking Water Act, as amended (42 U.S.C. 300j-1(d)(2); and</P>
      <P>(d) Section 8001 of the Solid Waste Disposal Act as amended (42 U.S.C. 6981).</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.110</SECTNO>
      <SUBJECT>Objectives.</SUBJECT>
      <P>Fellowships awarded under this part are intended to enhance the capability of State or local agencies responsible for environmental pollution control or other agencies with similar pollution control responsibilities; provide educational renewal opportunities for their career oriented personnel to achieve additional knowledge through academic professional training; and to bring new people into the environmental control field.</P>
    </SECTION>
    <SECTION>
      <PRTPAGE P="631"/>
      <SECTNO>§ 46.115</SECTNO>
      <SUBJECT>Types of fellowships.</SUBJECT>
      <P>(a) <E T="03">Local agency fellowships</E> are awarded to current or prospective employees of a local environmental pollution control or regulatory agency for academic professional training in pollution control science, engineering, and technology and in specialty areas supportive of pollution abatement and control efforts.</P>
      <P>(b) <E T="03">State agency fellowships</E> are awarded to current or prospective employees of a State environmental pollution control or regulatory agency to provide academic professional training in the areas of pollution abatement and control.</P>
      <P>(c) <E T="03">Special fellowships</E> are awarded to individuals for education and training in pollution control science, engineering, and technology and in specialty areas supportive of pollution abatement and control efforts.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.120</SECTNO>
      <SUBJECT>Definitions.</SUBJECT>
      <P>The following definitions supplement the definitions in 40 CFR 30.200.</P>
      <P>
        <E T="03">Full-time fellow.</E> An individual enrolled in an academic educational program directly related to pollution abatement and control, and taking a minumum of 30 credit hours or an academic workload otherwise defined by the institution as a full-time curriculum for a school year. The fellow need not be pursuing a degree.</P>
      <P>
        <E T="03">Part-time fellow.</E> An individual enrolled in an academic educational program directly related to pollution abatement and control and taking at least 6 credit hours but less than 30 credit hours per school year, or an academic workload otherwise defined by the institution as less than a full-time curriculum. The fellow need not be pursuing a degree.</P>
      <P>
        <E T="03">Special fellow.</E> An individual enrolled in an educational program relating to environmental sciences, engineering, professional schools, and allied sciences.</P>
      <P>
        <E T="03">Stipend.</E> Supplemental financial assistance other than tuition, fees, and book allowance, paid directly to the fellow.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.125</SECTNO>
      <SUBJECT>Benefits.</SUBJECT>
      <P>(a) Recipients of assistance under this part shall be entitled to tuition and fees. Recipients may receive an allowance for books and supplies up to a maximum of $750 for the school year for a full-time fellow, and are entitled to the normal student holidays observed by the academic institution.</P>
      <P>(b) Recipients of a fellowships may receive a stipend at a level determined by the EPA program office based on EPA's needs and resources, and on the student's course load.</P>
      <P>(c) Part-time fellows will not be paid more than the maximum amount paid to an equivalent full-time fellow under the same fellowships program.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.130</SECTNO>
      <SUBJECT>Eligibility.</SUBJECT>
      <P>(a) All applicants for fellowships under this part must be:</P>
      <P>(1) Citizens of the United States, its territories, or possessions, or lawfully admitted to the United States for permanent residence; and</P>
      <P>(2) Accepted by an accredited educational institutional for full-time or part-time enrollment for academic credit in an educational program directly related to pollution abatement and control.</P>
      <P>(b) Applicants for State or local agency fellowships must be current or prospective employees of a State or local agency with responsibilities for environmental pollution control, and must be recommended by the administrator, or designee, of the State or local agency. The administrator, or designee, will recommend applicants based on the State or local need for academic professional training which will enhance the capability of the State or local agency.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.135</SECTNO>
      <SUBJECT>Submission of applications.</SUBJECT>
      <P>(a) Applicants must submit their requests for assistance on EPA Form 5770-2, “Fellowship Application.” Applicants must submit the original and two copies of the application and undergraduate or graduate transcripts, as appropriate, to the Grants Administration Division, Grants Operation Branch (PM-216), Environmental Protection Agency, 401 M Street SW., Washington, DC, 20460.</P>

      <P>(b) The applicant must submit documentation to show compliance with the eligibility requirements in § 46.130, <PRTPAGE P="632"/>and any additional information required by the award official. Instructions for filing are contained in the application kit.</P>
      <APPRO>(Information collection requirements in paragraph (a) were approved by the Office of Management and Budget under control number 2010-0004)</APPRO>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.140</SECTNO>
      <SUBJECT>Evaluation of applications.</SUBJECT>
      <P>(a) EPA will evaluate fellowship applications based upon:</P>
      <P>(1) Their relevance to EPA's program needs;</P>
      <P>(2) The availability of funds;</P>
      <P>(3) EPA's priorities;</P>
      <P>(4) Appropriateness of the fellow's proposed course of study; and</P>
      <P>(5) Evaluation of the applicant in terms of potential for study, as evidenced by academic record, letters of reference, training plans; and any other available information.</P>
      <P>(b) [Reserved]</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.145</SECTNO>
      <SUBJECT>Fellowship agreement.</SUBJECT>
      <P>(a) The fellowship agreement is the written agreement, including amendments, between EPA and a fellow. The agreement, EPA Form 5770-8, “Fellowship Agreement,” will state the terms and conditions governing the fellowship.</P>
      <P>(b) EPA will not participate in costs incurred by the fellow before both the award official and the fellow sign the agreement.</P>
      <P>(c) The fellow must use the funds for the purposes stated in the fellowship agreement. If the fellow fails to comply with the terms and conditions of the award, the award official may apply the sanctions in 40 CFR part 30, subpart I.</P>
      <APPRO>(Information collection requirements in paragraph (a) were approved by the Office of Management and Budget under control number 2010-0004)</APPRO>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.150</SECTNO>
      <SUBJECT>Fellowship agreement amendment.</SUBJECT>
      <P>(a) The fellow must receive a formal amendment before implementing:</P>
      <P>(1) Changes in the objective of the agreement;</P>
      <P>(2) Changes in the assistance amount;</P>
      <P>(3) Substantial changes within the scope of the agreement; or</P>
      <P>(4) Changes in the project period.</P>
      <P>(b) Fellows must submit a completed EPA Form 5770-6, “Fellowship Amendment” when requesting an amendment to the fellowship agreement.</P>
      <P>(c) Minor changes in the agreement that are consistent with the objective of the agreement and within the scope of the agreement do not require a formal amendment before the fellow implements the change. However, such changes do not obligate EPA to provide Federal funds for any costs incurred by the fellow in excess of the assistance amount unless the award official approves the change in advance under § 46.150(a). The fellow must inform the EPA project officer in writing before implementing minor changes.</P>
      <APPRO>(Information collection requirements in paragraph (b) were approved by the Office of Management and Budget under control number 2010-0004)</APPRO>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.155</SECTNO>
      <SUBJECT>Supplemental conditions.</SUBJECT>
      <P>Recipients of a State or local fellowship receiving financial assistance under section 1442(d)(2) of the Safe Drinking Water Act, as amended; sections 104 (b)(5) and (g)(3)(B) of the Clean Water Act as amended; and section 8001 of the Solid Waste Disposal Act must agree to remain in the employment of the State or local agency that recommended the recipient for an EPA fellowship for twice the period of the fellowship. If the recipient fails to perform this obligation the recipient may be required to repay the amount of the EPA fellowship.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.160</SECTNO>
      <SUBJECT>Acceptance of fellowship award.</SUBJECT>
      <P>The applicant accepts the fellowship by signing and returning the fellowship agreement to the EPA award official within three weeks after receipt, or within any extension of such time that may be permitted by the EPA award official. If the applicant does not sign and return the agreement to the award official or request an extension of the acceptance time within three calendar weeks after receiving the agreement, the offer is null and void.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.165</SECTNO>
      <SUBJECT>Duration of fellowship.</SUBJECT>
      <P>(a) Full-time fellowships will not exceed one year.<PRTPAGE P="633"/>
      </P>
      <P>(b) Part-time fellowships will not exceed three years.</P>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.170</SECTNO>
      <SUBJECT>Initiation of studies.</SUBJECT>
      <P>(a) The fellow must submit EPA 5770-7 “Fellowship Activation Notice” when they start their course of studies.</P>
      <P>(b) If the EPA Grants Administration Division has not received the signed Fellowship Activation Notice within six months following the date of the award, EPA may terminate the fellowship.</P>
      <APPRO>(Information collection requirements in paragraph (a) were approved by the Office of Management and Budget under control number 2010-0004)</APPRO>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.175</SECTNO>
      <SUBJECT>Completion of studies.</SUBJECT>
      <P>Fellows must submit EPA Form 5770-9 “EPA Fellowship Termination Notice,” when the fellow completes the course of study.</P>
      <APPRO>(Approved by the Office of Management and Budget under control number 2010-0004)</APPRO>
    </SECTION>
    <SECTION>
      <SECTNO>§ 46.180</SECTNO>
      <SUBJECT>Payment.</SUBJECT>
      <P>(a) EPA will pay stipends directly to the fellow on a monthly basis or any other basis approved by the Project Officer, only after EPA has received the signed EPA Form 5770-7, “Fellowship Activation Notice.”</P>
      <P>(b) EPA will pay the book allowance directly to the fellow only after EPA receives the signed EPA Form 5770-7.</P>
      <P>(c) EPA will pay tuition and fees in a lump payment directly to the sponsoring institution only after EPA has received the signed EPA Form 5770-7.</P>
      <APPRO>(Information collection requirements in paragraph (a) were approved by the Office of Management and Budget under control number 2010-0004)</APPRO>
    </SECTION>
    <APPENDIX>
      <EAR>Pt. 46, App. A</EAR>
      <HD SOURCE="HED">Appendix A to Part 46—Environmental Protection Agency Fellowship Programs</HD>
      <GPOTABLE CDEF="s25,xls39C,xls34C" COLS="3" OPTS="L2">
        <BOXHD>
          <CHED H="1"/>
          <CHED H="1">Administering office</CHED>
          <CHED H="2">Headquarters</CHED>
          <CHED H="2">Regional</CHED>
        </BOXHD>
        <ROW>
          <ENT I="01">Office of Air, Noise, and Radiation: Air Pollution Control Fellowships</ENT>
          <ENT>X</ENT>
          <ENT/>
        </ROW>
        <ROW>
          <ENT I="11">Office of Water:</ENT>
        </ROW>
        <ROW>
          <ENT I="02">Water Pollution Control Fellowships</ENT>
          <ENT>X</ENT>
          <ENT/>
        </ROW>
        <ROW>
          <ENT I="01">Safe Drinking Water Fellowships</ENT>
          <ENT>X</ENT>
          <ENT/>
        </ROW>
        <ROW>
          <ENT I="01">Office of Research and Development: Interdisciplinary Fellowships</ENT>
          <ENT>X</ENT>
          <ENT/>
        </ROW>
        <ROW>
          <ENT I="01">Office of Solid Waste and Emergency Response: Hazardous Waste Fellowships</ENT>
          <ENT>X</ENT>
          <ENT/>
        </ROW>
      </GPOTABLE>
    </APPENDIX>
  </PART>
</CFRGRANULE>
