(a) You must use fellowship funds for the purposes stated in the fellowship agreement. If you fail to comply with the terms and conditions of an award, EPA may take one or more of the following actions, as appropriate:
(1) Temporarily withhold or suspend payments pending your correction of the deficiency or pending other enforcement by EPA;
(2) Disallow all or part of the cost of the activity or action not in compliance;
(3) Wholly or partly terminate the fellowship agreement in accordance with § 46.210(a);
(4) Withhold the award of additional funds under the fellowship; or
(5) Take other remedies that may be legally available.
(b) In taking an enforcement action, EPA will provide you an opportunity for hearing, appeal, or other administrative proceeding to which you are entitled under any statute or regulation applicable to the action involved, including § 46.220.
(c) The enforcement remedies identified in this section, including withholding of payment and termination, do not preclude debarment and suspension action under Executive Orders 12549 and 12689 and EPA's implementing regulations (2 CFR part 1532).
[65 FR 51433, Aug. 23, 2000, as amended at 72 FR 2427, Jan. 19, 2007]
authority: Section 103(b)(5) of the Clean Air Act, as amended (
42 U.S.C. 7403(b)(5)); sections 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)); section 1442 of the Safe Drinking Water Act, as amended (
42 U.S.C. 300j-1); section 8001 of the Solid Waste Disposal Act, as amended (
42 U.S.C. 6981); section 10 of the Toxic Substances Control Act, as amended (
15 U.S.C. 2609); section 20 of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (
7 U.S.C. 136r); sections 104(k)(7) and 311 of the Comprehensive Environmental Response, Compensation, and Liability Act (
42 U.S.C. 9604(k)(7) and
42 U.S.C. 9660).
2 CFR part 200 and
2 CFR part 1500
source: 68 FR 16710, Apr. 4, 2003, unless otherwise noted.
cite as: 40 CFR 46.215