Common use of Substantial Involvement Clause in Contracts

Substantial Involvement. 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring; reviewing and approving of procedures for loan and subrecipient selection; review of project phases; and approving substantive terms included in professional services contracts. b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in I. B.1. under EPA and/or State Approvals of Brownfields Sites above. The CAR may also request technical assistance from EPA to determine if sites qualify as brownfields sites and to determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition prohibits a grant or loan recipient from using grant funds to clean up a site if the recipient is potentially liable under §107 of CERCLA for that site. c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. d. Substantial EPA involvement may include the review of the substantive terms of RLF loans and cleanup subawards. e. EPA may waive any of the provisions in term and condition III. B.1, with the exception of property-specific funding determinations. EPA will provide waivers in writing. 2. Effect of EPA’s substantial involvement includes: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all cleanups are protective of human health and the environment and comply with all applicable Federal and State laws. If changes to the expected cleanup become necessary based on public comment or other reasons, the CAR must consult with EPA. c. The CAR remains responsible for ensuring costs are allowable under 2 CFR Parts 200 and 1500.

Substantial Involvement. 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities by the EPA Project Officer such as: as monitoring; , reviewing and approving of procedures for loan and subrecipient selection; review of project phases; , and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a contract with a particular entity. b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in I. B.1Section II.A.2. under EPA and/or State Approvals of Brownfields Sites above. The If the CAR may also request awards a subaward for site assessment, the CAR must obtain technical assistance from EPA to determine if on which sites qualify as brownfields sites a xxxxxxxxxx site and to determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IVCERCLA § 104(k)(5)(B)(i)(IV) of CERCLA applies. This prohibition prohibits a grant or loan recipient from using grant does not allow the subrecipient to use EPA cooperative agreement funds to clean up assess a site if for which the recipient subrecipient is potentially liable under §§ 107 of CERCLA CERCLA. (See Section III.C.2. for that sitemore information on subawards.) c. Substantial EPA involvement may include reviewing financial and environmental status program performance reports; and , monitoring all reporting, record-keeping, and other program requirements. d. Substantial EPA involvement may include the review of the substantive terms of RLF loans and cleanup subawards. e. EPA may waive any of the provisions in term and condition IIISection III.B.1. B.1, with the exception of property-specific funding determinations, at its own initiative or upon request by the CAR. EPA will provide waivers in writing. 2. Effect Effects of EPA’s substantial involvement includesinclude: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal federal statute. b. The CAR remains responsible for ensuring that all cleanups assessments are protective of human health and the environment and comply with all applicable Federal federal and State state laws. If changes to the expected cleanup become necessary based on public comment or other reasons, the CAR must consult with EPA. c. The CAR remains and its subrecipients remain responsible for ensuring costs are allowable under 2 CFR Parts 200 and 1500.Part 200, Subpart E.

Substantial Involvement. 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities by the EPA Project Officer such as: as monitoring; reviewing , reviewing, and approving of procedures for loan borrower and subrecipient subgrantee selection; review , reviewing of project phases; , and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a loan, subgrant, or contract with a particular entity. b. Substantial EPA involvement also includes brownfields xxxxxxxxxx property-specific funding determinations determinations. described in I. B.1. under EPA and/or State Approvals of Brownfields Sites above. Section II.A. The CAR may also request technical assistance from EPA to determine if sites qualify as brownfields xxxxxxxxxx sites and to determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IVCERCLA § 104(k)(5)(B)(i)(IV) of CERCLA applies. This prohibition prohibits does not allow a grant CAR, borrower, or loan recipient from using grant subgrantee to use cooperative agreement funds to clean up a site if the recipient CAR, borrower, or subgrantee is potentially liable under §107 of CERCLA for that siteCERCLA. c. Substantial EPA involvement may include reviewing financial and environmental status reports; reports and monitoring all reporting, record-keeping, and other program requirements. d. Substantial EPA involvement may include the review of the substantive terms of RLF loans and cleanup subawardssubgrants. e. EPA may waive any of the provisions in term and condition III. B.1Section III.B.1., with the exception of property-specific funding determinations, at its own initiative or upon request by the CAR. The EPA Project Officer will provide waivers in writing. 2. Effect Effects of EPA’s substantial involvement includesinclude: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal federal statute. b. The CAR remains responsible for ensuring that all cleanups are protective of human health and the environment and comply with all applicable Federal federal and State state laws. If changes to the expected cleanup become necessary based on public comment or other reasons, the CAR must consult with EPAthe EPA Project Officer and the State. c. The CAR remains responsible for ensuring costs are allowable under 2 CFR Parts 200 and 1500.Part 200, Subpart E.

Substantial Involvement. 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities by the EPA Project Officer such as: as monitoring; , reviewing and approving of procedures for loan and subrecipient selection; review of project phases; , and approving substantive terms included in professional services contracts. EPA will not direct or recommend that the CAR enter into a contract with a particular entity. b. Substantial EPA involvement also includes brownfields xxxxxxxxxx property-specific funding determinations described in I. B.1Section II.A.2. under EPA and/or State Approvals of Brownfields Sites above. The If the CAR may also request awards a subaward for site assessment, the CAR must obtain technical assistance from EPA to determine if on which sites qualify as brownfields sites a xxxxxxxxxx site and to determine whether the statutory prohibition found in section 104(k)(4)(B)(i)(IVCERCLA § 104(k)(5)(B)(i)(IV) of CERCLA applies. This prohibition prohibits a grant or loan recipient from using grant does not allow the subrecipient to use EPA cooperative agreement funds to clean up assess a site if for which the recipient subrecipient is potentially liable under §§ 107 of CERCLA for that siteCERCLA. c. Substantial EPA involvement may include reviewing financial and environmental status program performance reports; and , monitoring all reporting, record-keeping, and other program requirements. d. Substantial EPA involvement may include the review of the substantive terms of RLF loans and cleanup subawards. e. EPA may waive any of the provisions in term and condition IIISection III.B.1. B.1, with the exception of property-specific funding determinations, at its own initiative or upon request by the CAR. The EPA Project Officer will provide waivers in writing. 2. Effect Effects of EPA’s substantial involvement includesinclude: a. EPA’s review of any project phase, document, or cost incurred under this cooperative agreement will not have any effect upon CERCLA § 128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal federal statute. b. The CAR remains responsible for ensuring that all cleanups assessments are protective of human health and the environment and comply with all applicable Federal federal and State state laws. If changes to the expected cleanup become necessary based on public comment or other reasons, the CAR must consult with EPA. c. The CAR remains and its subrecipients remain responsible for ensuring costs are allowable under 2 CFR Parts 200 and 1500.Part 200, Subpart E.