Appendix 12: Environmental Protection Agency
| Author | Nicholas C. Yost |
| Pages | 205-240 |
Environmental Protection Agency Regulations and Procedures (EPA Part 6) Page 205
40 CFR Pt. 6
Part 6—Procedures for Implementing
the Requirements of the Council
on Environmental Quality on the
National Environmental Policy Act
Subpart A—General
Sec.
6.100 Purpose and polic y.
6.101 Defini tions.
6.102 Applica bility.
6.103 Respons ibilities.
6.104 Early invol vement of p rivate parties .
6.105 Synopsi s of envir onmental review proc edures.
6.106 Deviat ions.
6.107 Catego rical exclusions .
6.108 Criter ia fo r ini tiating an EIS.
Subpart B—Content of EISs
6.200 The environ mental impact statem ent.
6.201 Format.
6.202 Executi ve su mmary.
6.203 Body of EISs.
6.204 Incorpo ration by reference.
6.205 List of preparers .
Subpart C—Coordination With Other
Environmental Review and Consultation
Requirements
6.300 Genera l.
6.301 Landma rks, historical , and arche ological sites.
6.302 Wetlands, floo dplains, import ant f armlands,
coasta l zon es, w ild a nd sc enic rivers, fish and
wildli fe, a nd en dangered specie s.
6.303 Air quality.
Subpart D—Public and Other Federal Agency
Involvement
6.400 Public invol vement.
6.401 Offici al fi ling requirement s.
6.402 Availabi lity of do cuments.
6.403 The comment ing p rocess.
6.404 Supplem ents.
Subpart E—Environmental Review
Procedures for Wastewater Treatment
Construction Grants Program
6.500 Purpose .
6.501 Defini tions.
6.502 Applica bility and limitatio ns.
6.503 Overvi ew o f the envi ronmental review
proces s.
6.504 Consul tation during the facilit ies p lanning
proces s.
6.505 Catego rical exclusions .
6.506 Environ mental review proces s.
6.507 Partiti oning the environment al re view process.
6.508 Finding s of No Significa nt Imp act ( FNSI)
determ inatio n.
6.509 Criter ia fo r ini tiating Environm ental Impact
Stateme nts ( EIS).
6.510 Environ mental Impact Stateme nt (E IS)
prepar ation.
6.511 Record of Decisio n (ROD) for EISs and
identi fication of mitigati on me asures.
6.512 Monitor ing f or co mpliance.
6.513 Public parti cipation.
6.514 Delega tion to Sta tes.
Subpart F—Environmental Review Procedures
for the New Source NPDES Program
6.600 Purpose .
6.601 Defini tions.
6.602 Applica bility.
6.603 Limita tions on a ctions during enviro nmental
review proc ess.
6.604 Environ mental review proces s.
6.605 Criter ia fo r prep aring EISs.
6.606 Record of decisio n.
6.607 Monitor ing.
Subpart G—Environmental Review
Procedures for Office of Research and
Development Projects
6.700 Purpose .
6.701 Defini tion.
6.702 Applica bility.
6.703 Genera l.
6.704 Catego rical exclusions .
6.705 Environ mental assessme nt an d fin ding of no
signif icant impact.
6.706 Environ mental impact statem ent.
Subpart H—Environmental Review
Procedures for Solid Waste Demonstration
Projects
6.800 Purpose .
6.801 Applica bility.
6.802 Criter ia fo r prep aring EISs.
6.803 Environ mental review proces s.
6.804 Record of decisio n.
Subpart I—Environmental Review Procedures
for EPA Facility Support Activities
6.900 Purpose .
6.901 Defini tions.
6.902 Applica bility.
6.903 Criter ia fo r prep aring EISs.
6.904 Environ mental review proces s.
6.905 Record of decisio n.
Page 206 NEPA Deskbook
Subpart J—Assessing the Environmental
Effects Abroad of EPA Actions
6.1001 Purpose and polic y.
6.1002 Applica bility.
6.1003 Defini tions.
6.1004 Environ mental review and assessm ent
require ments.
6.1005 Lead or cooperat ing a gency.
6.1006 Exempti ons a nd co nsideratio ns.
6.1007 Impleme ntation.
Appendix A to Part 6—Statement of
Procedures on Floodplain Management and
Wetlands Protection
Authority:
42 U.S.C. 4321 et seq., 7401-7671q; 40 CFR part
1500.
Source:
44 FR 64177, Nov. 6, 1979, unless other wise noted.
Subpart A—General
§6.100 Purpose and policy.
(a) e National Environmental Policy Act of 1969
(NEPA), 42 U.S.C. 4321 et seq., as implemented by
Executive Orders 11514 and 11991 and the Coun-
cil on Environmental Qua lity (CEQ) Regulations
of November 29, 1978 (43 FR 55978) requires that
Federal agencies include in t heir decision-making
processes appropriate and ca reful consideration of all
environmental eect s of proposed actions, a nalyze
potential environmental e ects of proposed actions
and their alternative s for public understand ing and
scrutiny, avoid or minimize adverse ee cts of proposed
actions, and restore and en hance environmental qual-
ity as much as possible. e Environ mental Protection
Agency (EPA) shall i ntegrate these N EPA factors as
early in the Agenc y planning processes as possible.
e environmental review proc ess shall be the focal
point to assure NEPA considerations are ta ken into
account. To the extent applicable, EPA shall prepare
environmental impact state ments (EISs) on those
major actions determined to have sign icant impact on
the quality of the hum an environment. is part takes
into account the EIS exemptions set fort h under sec-
tion 511(c)(1) of the Clean Water Act (Pub. L. 92-500)
and section 7(c)(1) of the Energy Supply and Environ-
mental Coordination Act of 1974 (Pub. L. 93-319).
(b) is part esta blishes EPA policy and procedu res for
the identication and an alysis of the environmental
impacts of EPA-related activities a nd the preparation
and processing of EISs.
§6.101 Definitions.
(a) Terminology. All term inology used in this part wi ll
be consistent with the terms a s dened in 40 CFR part
1508 (the CEQ Regu lations). Any quali cations will
be provided in the denitions set for th in each subpart
of this regulat ion.
(b) e term CEQ Regulations mea ns the regulations
issued by the Council on Envi ronmental Qua lity on
November 29, 1978 (see 43 FR 55978), which imple-
ment Executive Order 11991. e CEQ Regulations
will often be referre d to throughout this regulation by
reference to 40 CFR part 1500 et al.
(c) e term environmental review means t he process
whereby an evaluation is u ndertaken by E PA to deter-
mine whether a proposed Agenc y action may have a
signicant impac t on the environment and therefore
require the preparation of the EIS.
(d) e term environmental information document
means any written a nalysis prepared by an applicant,
grantee or contractor describing t he environmental
impacts of a proposed action. i s document will be of
sucient scope to enable the responsible ocia l to pre-
pare an environmental a ssessment as described in the
remaining subpar ts of this regulation.
(e) e term grant as used in this pa rt means an award
of funds or other assist ance by a written grant agree-
ment or cooperative agreement under 40 CFR cha pter
I, subpart B.
§6.102 Applicability.
(a) Administrative act ions covered. is part applies
to the activities of EPA in accorda nce with the outline
of the subparts set fort h below. Each subpart de scribes
the detailed environ mental revie w procedures requi red
for each action.
(1) Subpart A sets forth an overview of t he regulation.
Section 6.102(b) describes the requirements for EPA
legislative proposals.
(2) Subpart B describes the requirements f or the con-
tent of an EIS prepared pursua nt to subparts E , F, G,
H, and I.
(3) Subpart C describes the requirements for c oordina-
tion of all environmental law s during the environmen-
tal review u ndertaken pu rsuant to subparts E, F, G, H,
and I.
(4) Subpart D describes the public inform ation
requirements which must be under taken in conjunc-
Environmental Protection Agency Regulations and Procedures (EPA Part 6) Page 207
tion with the environmental re view requirements
under subparts E , F, G, H, and I.
(5) Subpart E describes the environ mental revie w
requirements for the wastewater t reatment construc-
tion grants program u nder Title II of the Clean Water
Act.
(6) Subpart F describes t he environmental re view
requirements for new source National Pollutant Dis-
charge Elim ination System (NPDES) permits under
section 402 of the Clean Water Act.
(7) Subpart G describes t he environmental re view
requirements for research a nd development programs
undertaken by the A gency.
(8) Subpart H describes the environmenta l review
requirements for solid waste demonstrat ion projects
undertaken by the A gency.
(9) Subpart I describes the environmenta l review
requirements for construct ion of special purpo se facili-
ties and facilit y renovations by the Agency.
(b) Legislative proposal s. As required by the CEQ Reg-
ulations, legislat ive EISs are require d for any legislati ve
proposal developed by EPA which signic antly aects
the quality of the hum an environment. A preliminary
draft EIS sh all be prepared by the responsible EPA
oce concurrently with t he development of the legisla-
tive proposal and contai n information required under
subpart B. e EIS shal l be processed in accordance
with the requirements set fort h under 40 CFR 1506.8.
(c) Application to ongoing activities— (1) General.
e eective date for these re gulations is December
5, 1979. ese regu lations do not apply to an EIS or
supplement to that EIS if the draf t EIS was led with
the Oce of Externa l Aairs, (OEA) before July 30,
1979. No completed environmental doc uments need
be redone by reason of these regu lations.
(2) With regard to activities under subpa rt E, these
regulations sha ll apply to all EPA environmental
review procedures e ective December 15, 1979.
However, for facility plans begu n before December
15, 1979, the responsible ocial shall impo se no new
requirements on the grantee. Such gr antees shall com-
ply with requirements applicable before the e ective
date of this regu lation. Notwithstanding the above,
this regul ation shall apply to any facility plan submit-
ted to EPA after September 30, 1980.
[44 FR 64177, Nov. 6, 1979, as amended at 47 FR
9829, Mar. 8, 1982]
§6.103 Responsibilities.
(a) General responsibilities. (1) e responsible ocial’s
duties include:
(i) Requiring applicants, contrac tors, and grantees to
submit environmental informat ion documents and
related documents and as suring that environmental
reviews are conducted on proposed E PA projects at the
earliest possible point in EPA’s decision-making pro-
cess. In this re gard, the responsible ocial shall ass ure
the early involvement and availabi lity of information
for private applicants and other non-Federal entitie s
requiring EPA approvals.
(ii) When required, assur ing that adequate draft EISs
are prepared and dist ributed at the earliest possible
point in EPA’s decision-making proce ss, their internal
and external re view is coordinated, and nal EISs a re
prepared and distr ibuted.
(iii) When an EIS is not prepared, a ssuring documen-
tation of the decision to grant a categoric al exclusion,
or assuring th at ndings of no signicant impact
(FNSIs) and environmental ass essments are prepared
and distributed for those ac tions requiring them.
(iv) Consulting with appropriate ocials re sponsible
for other environmental laws set for th in subpart C.
(v) Consulting with the Oce of Ex ternal Aairs
(OEA) on actions involving unre solved conicts con-
cerning this p art or other Federal agencies.
(vi) When required, assur ing that public participation
requirements are met.
(2) Oce of External A airs duties include: (i) Sup-
porting the Adm inistrator in providing EPA policy
guidance a nd assurin g that EPA oces establish and
maintain adequ ate administrative procedures to com-
ply with this par t.
(ii) Monitoring the overall timelines s and quality of the
EPA eort to comply with this par t.
(iii) Providing assista nce to responsible ocial s as
required, i.e., preparing gu idelines describing the scope
of environmental information requ ired by private
applicants relating to t heir proposed actions.
(iv) Coordinating the tra ining of personnel involved in
the review and prepar ation of EISs and other associ-
ated documents.
(v) Acting as EPA liaison with the Cou ncil on Environ-
mental Qualit y and other Federal and State entities on
matters of EPA policy and admin istrative mechanisms
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