(iv) Consulting with appropriate officials responsible for other environmental law set forth in Subpart C.

(v) Consulting with the Office of Federal Activities (OFA) on actions involving unresolved conflicts concerning this part or other Federal agencies.

(vi) When required, assuring that public participation requirements are met.

(2) Office of Federal Activities duties include: (i) Supporting the Administrator in providing EPA policy guidance and assuring that EPA offices establish and maintain adequate administrative procedures to comply with this part.

(ii) Monitoring the overall timeliness and quality of the EPA effort to comply with this part.

(iii) Providing assistance to responsible officials as required, i.e., preparing guidelines describing the scope of environmental information required by private applicants relating to their proposed actions.

(iv) Coordinating the training of personnel involved in the review and preparation of EISS and other associated documents.

(v) Acting as EPA liaison with the Council on Environmental Quality and other Federal and State entities on matters of EPA policy and administrative mechanisms to facilitate external review of EISS, to determine lead agency and to improve the uniformity of the NEPA procedures of Federal agencies.

(vi) Advising the Administrator and Deputy Administrator on projects which involve more than one EPA office, are highly controversial, are nationally significant, or "pioneer" EPA policy, when these projects have had or should have an EIS prepared on them.

(vii) Carrying out administrative duties relating to maintaining status of EISS within EPA, i.e., publication of notices of intent in the FEDERAL REGISTER and making available to the public status reports on EISS and other elements of the environmental review process.

(3) Office of an Assistant Administrator duties include: (i) Providing specific policy guidance to their respec

tive offices and assuring that those offices establish and maintain adequate administrative procedures to comply with this part.

(ii) Monitoring the overall timeliness and quality of their respective office's efforts to comply with this part.

(iii) Acting as liaison between their offices and the OFA and between their offices and other Assistant Administrators or Regional Administrators on matters of agencywide policy and procedures.

(iv) Advising the Administrator and Deputy Administrator through the OFA on projects or activities within their respective areas of responsibilities which involve more than one EPA office, are highly controversial, are nationally significant, or "pioneer” EPA policy, when these projects will have or should have an EIS prepared on them.

(v) Pursuant to § 6.102(b) of this subpart, preparing legislative EISS as appropriate on EPA legislative initiatives.

(4) The Office of Planning and Evaluation shall be responsible for coordinating the preparation of EISS required on EPA legislative proposals (see § 6.102(b)).

(b) Responsibilities for Subpart E(1) Responsible official. The responsible official for EPA actions covered by this subpart is the Regional Administrator.

(2) Assistant Administrator. The responsibilities of the Office of the Assistant Administrator, as described in § 6.103(a)(3) shall be assumed by the Assistant Administrator for Water and Waste Management for EPA actions covered by this subpart.

(c) Responsibilities for Subpart F— (1) Responsible official. The responsible official for activities covered by this subpart is the Regional Administrator.

(2) Assistant Administrator. The responsibilities of the assistant Administrator, as described in § 6.103(a)(3) shall be assumed by the Assistant Administrator for Enforcement for EPA actions covered by this subpart.

(d) Responsibilities for Subpart G. The Assistant Administrator for Research and Development will be the

responsible official for activities covered by this subpart.

(e) Responsibilities for Subpart H. The Deputy Assistant Administrator for Solid Waste will be the responsible official for activities covered by this subpart.

(f) Responsibilities for Subpart I(1) Responsible official. The responsible official for new construction and modification of special purpose facilities is as follows:

(i) The Chief, Facilities Management Branch, Facilities and Support Services Division, Office of Management and Agency Services, shall be the responsible official on all new construction of special purpose facilities and on all improvement and modification projects for which the Facilities Management branch has received a funding allowance.

(ii) The Regional Administrator shall be the responsible official on all improvement and modification projects for which the regional office has received the funding allowance.

(iii) The Center Directors shall be the responsible officials on all improvement and modification projects for which the National Environmental Research Centers have received the funding allowance.

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982]

§ 6.104 Early involvement of private parties.

As required by 40 CFR 1501.2(d) and § 6.103(a)(3)(v) of this regulation, responsible officials must ensure early involvement of private applicants or other non-Federal entities in the environmental review process related to EPA grant and permit actions set forth under Subparts E, F, G, and H. The responsible official in conjunction with OFA shall:

(a) Prepare where practicable, generic guidelines describing the scope and level of environmental information required from applicants as a basis for evaluating their proposed actions, and make these guidelines available upon request.

(b) Provide such guidance on a project-by-project basis to any applicant seeking assistance.

(c) Upon receipt of an application for agency approval, or notification that an application will be filed, consult as required with other appropriate parties to initiate and coordinate the necessary environmental analyses. [44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982]

§ 6.105 Synopsis of EIS procedures.

(a) Responsible offical. The responsible official shall utilize a systematic, interdisciplinary approach to integrate natural and social sciences as well as environmental design arts in planning programs and making decisions which are subject to environmental review. The respective staffs may be supplemented by professionals from other agencies (see 40 CFR 1501.6) or consultants whenever in-house capabilities are insufficiently interdisciplinary.

(b) Environmental information documents. Environmental information documents must be prepared by applicants, grantees, or permittees and submitted to EPA as required in Subparts E, F, G, H, and I. Environmental information documents will be of sufficient scope to enable the responsible official to prepare an environmental assessment as described under § 6.105(d) of this part and Subparts E through I. Environmental information documents will not have to be issued for actions where a categorical exclusion has been granted.

(c) Environmental reviews. Environmental reviews shall be conducted on the EPA activities outlined in § 6.102 of this part and set forth under Subparts E, F, G, H and I. This process shall consist of a study of the action to identify and evaluate the related environmental impacts. The process shall include a review of any related environmental information document to determine whether any significant impacts are anticipated and whether any changes can be made in the proposed action to eliminate significant adverse impacts; when an EIS is required, EPA has overall responsibility for this review, although grantees, applicants, permittees or contractors will contribute to the review through submission

of environmental information documents.

(d) Environmental assessments. Environmental assessments (i.e., concise public documents for which EPA is responsible) are prepared to provide sufficient data and analysis to determine whether an EIS or finding of no significant impact is required. Where EPA determines that an EIS will be prepared, there is no need to prepare a formal environmental assessment.

(e) Notice of intent and EISS. When the environmental review indicates that a significant environmental impact may occur and significant adverse impacts can not be eliminated by making changes in the project, a notice of intent to prepare an EIS shall be published in the FEDERAL REGISTER, Scoping shall be undertaken in accordance with 40 CFR 1501.7, and a draft EIS shall be prepared and distributed. After external coordination and evaluation of the comments received, a final EIS shall be prepared and disseminated. The final EIS shall list any mitigation measures necessary to make the recommended alternative environmentally acceptable.

(f) Finding of no significant impact (FNSI). When the environmental review indicates no significant impacts are anticipated or when the project is altered to eliminate any significant adverse impacts, a FNSI shall be issued and made available to the public. The environmental assessment shall be included as a part of the FNSI. The FNSI shall list any mitigation measures necessary to make the recommended alternative environmentally acceptable.

(g) Record of decision. At the time of its decision on any action for which a final EIS has been prepared, the responsible official shall prepare a concise public record of the decision. The record of decision shall describe those mitigation measures to be undertaken which will make the selected alternative environmentally acceptable. Where the final EIS recommends the alternative which is ultimately chosen by the responsible official, the record of decision may be extracted from the executive summary to the final EIS.

(h) Monitoring. The responsible official shall provide for monitoring to

(a) General. The Director, OFA, is authorized to approve deviations from these regulations. Deviation approvals shall be made in writing by the Director, OFA.

(b) Requirements. (1) Where emergency circumstances make it necessary to take an action with significant environmental impact without observing the substantive provisions of these regulations or the CEQ Regulations, the responsible official shall notify the Director, OFA, before taking such action. The responsible official shall consider to the extent possible alternative arrangements; such arrangements will be limited to actions necessary to control the immediate impacts of the emergency; other actions remain subject to the environmental review process. The Director, OFA, after consulting CEQ, will inform the responsible official, as expeditiously as possible of the disposition of his request.

(2) Where circumstances make it necessary to take action without observing procedural provisions of these regulations, the responsible official shall notify the Director, OFA, before taking such action. If the Director, OFA, determines such a deviation would be in the best interest of the Government, he shall inform the responsible official, as soon as possible, of his approval.

(3) The Director, OFA, shall coordinate his action on a deviation under § 6.106(b) (1) or (2) of this part with the Director, Grants Administration Division, Office of Planning and Management, for any required grant-related deviation under 40 CFR 30.1000, as well as the appropriate Assistant Administrator.

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982]

§ 6.107 Categorical exclusions.

(a) General. Categories of actions which do not individually, cumulatively over time, or in conjunction with other Federal, State, local, or private actions have a significant effect on the quality of the human environment and which have been identified as having no such effect in the requirements set forth in Subpart E, may be exempted from the substantive environmental review requirements of this part. Generally, environmental information documents and environmental assessments or environmental impact statements will not be required for excluded actions.

(b) Determination. For each excluded action, the responsible official shall determine whether an action is eligible for a categorical exclusion as established in Subpart E. The determination shall be made as early as possible following the receipt of an application or notification that an application will be filed. The responsible official shall document the decision to issue or deny an exclusion. The documentation shall include the application, a brief description of the proposed action, and a brief statement of how the action meets the criteria for a categorical exclusion.

(c) Consultation. The documentation outlined in § 6.107(b) of this part shall be made available to the public and a copy be sent to The Office of Federal Activities.

(d) Extraordinary circumstances. If normally undertaking a excluded action may violate Federal, State, or local environmental laws or may involve serious local or environmental issues, the full environmental review procedures of this part must be followed. The responsible official shall ensure that actions requiring environmental assessment under this part are not processed as categorical exclusions.

(e) Revocation. The responsible official shall revoke a categorical exclusion and shall require a full environmental review if subsequent to the granting of an exclusion, the responsible official determines that: (1) The proposed action no longer meets the requirements for a categorical exclusion due to changes in the proposed

action; or (2) determines from new evidence that serious local or environmental issues exist; or (3) that Federal, State, or local laws are being or may be violated.

[47 FR 9829, Mar. 8, 1982]

Subpart B-Content of EISS

§ 6.200 The environmental impact statement.

Preparers of EISS must conform with the requirements of 40 CFR Part 1502 in writing EISS.

§ 6.201 Format.

The format used for EISS shall encourage good analysis and clear presentation of alternatives, including the proposed action, and their environmental, economic and social impacts. The following standard format for EISS should be used unless the responsible official determines that there is a compelling reason to do otherwise: (a) Cover sheet;

(b) Executive Summary; (c) Table of contents;

(d) Purpose of and need for action; (e) Alternatives including proposed action;

(f) Affected environment;

(g) Environmental consequences of the alternatives;

(h) Coordination (includes list of agencies, organizations, and persons to whom copies of the EIS are sent); (i) List of preparers;

(j) Index (commensurate with complexity of EIS);

(k) Appendices.

§ 6.202 Executive summary.

The executive summary shall describe in sufficient detail (10-15 pages) the critical facets of the EIS so that the reader can become familiar with the proposed project or action and its net effects. The executive summary shall focus on:

(a) The existing problem;

(b) A brief description of each alternative evaluated (including the preferred and no action alternatives) along with a listing of the environmental impacts, possible mitigation measures relating to each alternative, and

any areas of controversy (including issues raised by governmental agencies and the public); and

(c) Any major conclusions.

A comprehensive summary may be prepared in instances where the EIS is unusually long in nature. In accordance with 40 CFR 1502.19, the comprehensive summary may be circulated in lieu of the EIS; however, both documents shall be distributed to any Federal, State and local agencies who have EIS review responsibilities and also shall be made available to other interested parties upon request.

§ 6.203 Body of EIS.

(a) Purpose and need. The EIS shall clearly specify the underlying purpose and need to which EPA is responding. If the action is a request for a permit or a grant, the EIS shall clearly specify the goals and objectives of the applicant.

(b) Alternatives including the proposed action. In addition to 40 CFR 1502.14, the EIS shall discuss:

(1) Alternatives considered by the Applicant. This section shall include a balanced description of each alternative considered by the applicant. These discussions shall include size and location of facilities, land requirements, operation and maintenance requirements, auxiliary structures such as pipelines or transmission lines, and construction schedules. The alternative of no action shall be discussed and the applicant's preferred alternative(s) shall be identified. For alternatives which were eliminated from detailed study, a brief discussion of the reasons for their having been eliminated shall be included.

(2) Alternatives available to EPA. EPA alternatives to be discussed shall include: (i) Taking an action; or (ii) taking an action on a modified or alternative project, including an action not considered by the applicant; and (iii) denying the action.

(3) Alternatives available to other permitting agencies. When preparing a joint EIS, and if applicable, the alternatives available to other Federal and/or State agencies shall be discussed.

(4) Identifying preferred alternative. In the final EIS, the responsible offi

cial shall signify the preferred alternative.

(c) Affected environment and envi ronmental consequences of the alternatives. The affected environment on which the evaluation of each alternative shall be based includes for example hydrology, geology, air quality, noise, biology, socioeconomics, energy, land use, and archeology/history. These subject matters shall be adapted to analyze each alternative within a project area. The discussion shall be structured so as to present the impacts of each alternative under each subject heading for easy comparison by the reader. The "no action" alternative should be described first so that the reader may relate the other alternatives to beneficial and adverse impacts related to the applicant doing nothing. Description of environmental setting for the purpose of necessary background shall be included in this discussion of the impacts of the "no action" alternative. The amount of detail in describing the affected environment shall be commensurate with the complexity of the situation and the importance of the anticipated impacts.

(d) Coordination. The EIS shall include: (1) The objections and suggestions made by local, State, and Federal agencies before and during the EIS review process must be given full consideration, along with the issues of public concern expressed by individual citizens and interested environmental groups. The EIS must include discussions of any such comments concerning our actions, and the author of each comment should be identified. If a comment has resulted in a change in the project or the EIS, the impact statement should explain the reason.

(2) Public participation through public hearings or scoping meetings shall also be included. If a public hearing has been held prior to the publication of the EIS, a summary of the transcript should be included in this section. For the public hearing which shall be held after the publication of the draft EIS, the date, time, place, and purpose shall be included here.

(3) In the final EIS, a summary of the coordination process and EPA responses to comments on the draft EIS shall be included.