[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR21.10]

[Page 252-253]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 21_SMALL BUSINESS--Table of Contents
 
Sec. 21.10  Utilization of the statement.

    (a) Statements issued by the Regional Administrator will be mailed 
to the small business applicant and to the district office of the Small 
Business Administration serving the geographic area where the business 
is located. It is the responsibility of the applicant to also forward 
the statement to SBA as part of the application for a loan.
    (b) Any statement or determination issued under Sec. 21.5 shall not 
be altered, modified, changed, or destroyed by any applicant in the 
course of providing such statement to SBA. To do so can result in the 
revocation of any approval contained in the statement and subject the 
applicant to the penalties provided in 18 U.S.C. 1001.
    (c) If an application for which a statement is issued under Sec. 
21.5 is substantively changed in scope, concept, design, or capability 
prior to the approval by SBA of the financial assistance requested, the 
statement as issued

[[Page 253]]

shall be revoked. The applicant must resubmit a revised application 
under Sec. 21.3 and a new review must be conducted. Failure to meet the 
requirements of this paragraph could subject the applicant to the 
penalties specified in 18 U.S.C. 1001 and 18 U.S.C. 286. A substantive 
change is one which materially affects the performance or capability of 
the proposed addition, alteration, or method of operation.
    (d) An agency, Regional Administrator, or State issuing a statement 
under Sec. 21.5 shall retain a complete copy of the application for a 
period of five years after the date of issuance of the statement. The 
application shall be made available upon request for inspection or use 
at any time by any agency of the Federal Government.
    (e) No application for a statement or for financial assistance under 
this section or statement issued under this section shall constitute or 
be construed as suspending, modifying, revising, abrogating or otherwise 
changing the requirements imposed on the applicant by the terms, 
conditions, limitations or schedules of compliance contained in an 
applicable standard, permit, or other provision established or 
authorized under the Act or any State or local statute, ordinance or 
code.
    (f) No statement as issued and reviewed shall be construed as a 
waiver to the applicants fulfilling the requirements of any State or 
local law, statute, ordinance, or code (including building, health, or 
zoning codes).
    (g) An amended application need not be submitted if the facility, 
property, or operation for which the statement is issued is sold, 
leased, rented, or transferred by the applicant to another party prior 
to approval by SBA of the financial assistance: Provided, That there is 
or will be no substantive change in the scope, concept, design, 
capability, or conduct of the facility or operation.

    Comment: However, eligibility for financial assistance would be 
reexamined by SBA with regard to any such sale, lease, rental or 
transfer.

    (h) The Regional Administrator may include in any statement a date 
of expiration, after which date the approval by the Regional 
Administrator contained in the statement shall no longer apply. The date 
of expiration shall not become effective if the applicant has submitted 
the statement to the SBA, prior to the date of expiration, as part of 
the application for financial assistance.