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8 <br /> Environmental Policy Act for each activity carried out with HOME funds. The City may <br /> require the Agency to furnish data, information, and assistance for its review and <br /> assessment in order for the City to discharge its responsibilities, including determining <br /> whether the City must prepare an Environmental Impact Statement. <br /> 2. Compliance as a Pre-Condition <br /> Performance by the Agency under this Agreement shall include satisfaction of all <br /> applicable requirements of the National and State Environmental Policy Acts. No funds <br /> may be committed to a HOME activity or project before completion of the environmental <br /> review and approval of the request for release of funds and related certification, except as <br /> authorized by 24 CFR Part 58. The Project as described herein is categorically exempt <br /> under 24 CFR Part 58. <br /> 3. Contracting Requirements <br /> a. This HOME Agreement is subject to the requirements of the Clean Air Act, as <br /> amended, 42 U.S.C. § 1857 et seq., the Federal Water Pollution Control Act, as <br /> amended, 33 U.S.C. § 1351 et seq., and the regulations of the Environmental <br /> Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time <br /> to time. In compliance with said regulations, the Agency shall enforce and cause or <br /> require to be inserted in full in all contracts and subcontracts, with respect to any <br /> nonexempt transaction thereunder funded with assistance provided under this <br /> HOME Agreement, the following requirements: <br /> i. A stipulation by the contractor or subcontractor that any facility to be utilized in <br /> the performance of any nonexempt contract or subcontract is not listed on the <br /> List of Violating Facilities issues by the Environmental Protection Agency (EPA) <br /> pursuant to 40 CFR § 15.20; <br /> ii. Agreement by the contractor to comply with all the requirements of Section 114 <br /> of the Clean Air Act, as amended (42 U.S.C. § 1857c-8), and Section 308 of the <br /> Federal Water Pollution Control Act, as amended (33 U.S.C. § 1318), relating to <br /> inspection, monitoring, entry, reports, and information, as well as all other <br /> requirements specified in said Section 114, Section 308, and all regulations and <br /> guidelines issued thereunder; <br /> iii. A stipulation that, as a condition for the award of the contract, prompt notice will <br /> be given of any notification received from the Director, Office of Federal <br /> Activities, EPA, indicating that a facility utilized or to be utilized for the contract is <br /> under consideration to be listed on the EPA List of Violating Facilities; and <br /> iv. Agreement by the contractor that it will include or cause to be included the <br /> criteria and requirements referred to in this section in every non-exempt <br /> - 4 - <br /> 64 <br />