StacksVerified U.S. regulatory reference

40 CFR §35.4065

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)The EPA regional office award official for your grant may waive your group's $50,000 limit if your group demonstrates that:
    1. (1)If it received previous TAG funds, you managed those funds effectively; and
    2. (2)Site(s) characteristics indicate additional funds are necessary due to the nature or volume of site-related information. In this case, three of the ten factors below must occur:
      1. (i)A Remedial Investigation/Feasibility Study (“RI/FS”) costing more than $2 million is performed;
      2. (ii)Treatability studies or evaluation of new and innovative technologies are required as specified in the Record of Decision;
      3. (iii)EPA reopens the Record of Decision;
      4. (iv)The site public health assessment (or related activities) indicates the need for further health investigations and/or health promotion activities;
      5. (v)EPA designates one or more additional operable units after awarding the TAG;
      6. (vi)The agency leading the cleanup issues an “Explanation of Significant Differences” (ESD);
      7. (vii)A legislative or regulatory change results in new site information after EPA awards the TAG;
      8. (viii)EPA expects a cleanup lasting more than eight years from the beginning of the RI/FS through construction completion;
      9. (ix)Significant public concern exists, where large groups of people in the community require many meetings, copies, etc.; and
      10. (x)Any other factor that, in EPA's judgment, indicates that the site is unusually complex.
  2. (b)Your group can also receive more than $50,000 if you are geographically close to more than one eligible site (for example, two or more sites × $50,000 = grant of $100,000) and your group wishes to receive funding for technical assistance to address multiple eligible sites.