---
kind: "section"
citation: "40 C.F.R. § 40.130"
title: "40"
number: "40.130"
heading: "Eligibility."
url: "https://uscodex.org/cfr/40/40.130"
---

# §40.130. Eligibility.


Except as otherwise provided below, grants for research and demonstration projects may be awarded to any responsible applicant in accordance with [2 CFR part 200](/cfr/2/part200.md).

- (a) **The Clean Air Act, as amended—** public or nonprofit private agencies, institutions, organizations, and to individuals.
- (b) **Resource Conservation and Recovery Act.**
  - (1) [Section 8001](/cfr/40/8001.md), public authorities, agencies, and institutions; private agencies and institutions; and individuals.
  - (2) **Sections 8004 and 8005, public agencies and authorities or private persons.**
  - (3) **Section 8006, State, municipal, interstate or intermunicipal agencies.**
  - (4) No grant may be made under this Act to any private profit-making organization.
- (c) **The Federal Insecticide, Fungicide, and Rodenticide Act, as amended—** other Federal agencies, universities, or others as may be necessary to carry out the purposes of the act.
- (d) **The Federal Water Pollution Control Act, as amended—**
  - (1) **Section 104(b)—** State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and to individuals.
  - (2) **Sections 104 (h) and (i)—** public or private agencies and organizations and to individuals.
  - (3) **Section 104(r)—** colleges and universities.
  - (4) **Section 104(s)—** institutions of higher education.
  - (5) **Sections 105 (a), (e)(2), and 107—** State, municipal, interstate, and intermunicipal agencies.
  - (6) **Section 195(b)—** State or States or interstate agency.
  - (7) **Sections 105 (c) and (e)(1)—** persons.
  - (8) **Section 108—** State, political subdivision, interstate agency, or other public agency, or combination thereof.
  - (9) **Section 113—** only to the State of Alaska.
- (e) **The Public Health Service Act, as amended—** only to nonprofit agencies, institutions, organizations, and to individuals.

## Notes

### Amendments

[38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975; 42 FR 56057, Oct. 20, 1977; 79 FR 76062, Dec. 19, 2014]

### Authority

Authority: 7 U.S.C. 136 et seq.; 15 U.S.C. 2609 et seq.; 33 U.S.C. 1254 et seq. and 1443; 42 U.S.C. 241 et seq., 300f et seq., 1857 et seq., 1891 et seq., and 6901 et seq., 2 CFR part 200.

### Source

Source: 38 FR 12784, May 15, 1973, unless otherwise noted.

### Amendments

[38 FR 12784, May 15, 1973, as amended at 40 FR 20083, May 8, 1975; 42 FR 56057, Oct. 20, 1977; 79 FR 76062, Dec. 19, 2014]