demand for energy and the resulting environmental consequences.

(2) The new source will directly, or through induced development, have significant adverse effect upon local ambient air quality, local ambient noise levels, floodplains, surface or groundwater quality or quantity, fish, wildlife, and their natural habitats.

(3) Any major part of the new source will have significant adverse effect on the habitat of threatened or endangered species on the Department of the Interior's or a State's lists of threatened and endangered species.

(4) The environmental impact of the issuance of a new source NPDES permit will have significant direct and adverse effect on a property listed in or eligible for listing in the National Register of Historic Places.

(5) Any major part of the source will have significant adverse effects on parklands, wetlands, wild and scenic rivers, reservoirs or other important bodies of water, navigation projects, or agricultural lands.

§ 6.606 Record of decision.

(a) General. At the time of permit award, the responsible official shall prepare a record of decision in those cases where a final EIS was issued in accordance with 40 CFR 1505.2 and pursuant to the provisions of the permit regulations under 40 CFR 124.15 and 124.18(b)(5). The record of decision shall list any mitigation measures necessary to make the recommended alternative environmentally acceptable.

(b) Mitigation measures. The mitigation measures derived from the EIS process shall be incorporated as conditions of the permit; ancillary agreements shall not be used to require mitigation.

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9831, Mar. 8, 1982]

§ 6.607 Monitoring.

In accordance with 40 CFR 1505.3 and pursuant to 40 CFR 122.66(c) and 122.10 the responsible official shall ensure that there is adequate monitoring of compliance with all NEPA related requirements contained in the permit.

(1) The project is conducted completely within any laboratory or other facility, and external environmental effects have been eliminated by methods for disposal of laboratory wastes and safeguards to prevent hazardous materials entering the environment accidentally; or

(2) The project is a relatively small experiment or investigation that is part of a non-Federally funded activity of the private sector, and it makes no significant new or additional contribution to existing pollution.

§ 6.704 Environmental review process.

Environmental review activities will be integrated into the decision levels of ORD's research planning system to assure managerial control.

(a) Environmental information. (1) Environmental information docu

ments shall be submitted with all grant applications and all unsolicited contract proposals. The documents shall contain the same information required for EISS under Subpart B. Guidance on environmental information documents shall be included in all grant application kits and attached to instructions for the submission of unsolicited proposals.

(2) In the case of competitive contracts, environmental information documents need not be submitted by potential contractors since the environmental review procedures must be completed before a request for proposal (RFP) is issued. If there is a question concerning the need for an environmental information document, the potential contractor should contact the official responsible for the contract.

(b) Environmental review. (1) At the start of the planning year, an environmental review will be performed for each program plan with its supporting substructures (work plans and projects) before incorporating them into the ORD program planning system, unless they are excluded from review by existing legislation. This review is an evaluation of the potentially adverse environmental effects of the efforts required by the program plan. The criteria in § 6.703 of this part shall be used in conducting this review. Each program plan with its

supporting substructures which does not have significant adverse impacts may be dismissed from further current year environmental considerations with a single FNSI. Any supporting substructures of a program plan which cannot be dismissed with the parent plan shall be reviewed at the appropriate subordinate levels of the planning system.

(i) All continuing program plans and supporting substructures, including those previously dismissed from consideration, will be reevaluated annually. An environmental review will coincide with the annual planning cycle and whenever a major redirection of a parent plan is undertaken. All environmental documents will be updated as appropriate.

(ii) Later plans and/or projects, added to fulfill the mission objectives but not identified at the time program plans were approved, will be subjected to the same environmental review.

(2) The responsible official shall assure completion of the EPA Form 5300-23 for each extramural project subject to an environmental review. If the project consists of literature studies, computer studies, or studies in which essentially all work is performed within the confines of the laboratory, the Form 5300-23 may be issued as a finding of no significant impact.

(c) Notice of intent and EIS. (1) If the reviews conducted according to § 6.704(b) of this part reveal a potential significant adverse effect on the environment and the adverse impact cannot be eliminated by replanning, the appropriate program official shall issue a notice of intent and through proper organizational channels shall request the Regional Administrator to assist him in the preparation and distribution of the EIS.

(2) As soon as possible after release of the notice of intent, the appropriate program official shall prepare a draft EIS in accordance with Subpart B and distribute the draft EIS in accordance with Subpart D.

(3) All draft and final EISS shall be sent through the proper organizational channels to the Assistant Administrator for ORD for approval.

(d) Finding of no significant impact. If an environmental review conducted according to § 6.704(b) of this part reveals that proposed actions will not have significant adverse environmental impacts, the appropriate program official shall prepare a FNSI which lists any mitigation measures necessary to make the recommended alternative environmentally acceptable.

(e) Timing of action. Pursuant to § 6.401(b), in no case shall a contract or grant be awarded or intramural activity undertaken until the prescribed 30-day review period for a final EIS has elapsed. Similarly, no action shall be taken until the 30-day comment period for a FNSI is completed.

§ 6.705 Record of decision.

The responsible official shall prepare a record of decision in any case where final EIS has been issued in accordance with 40 CFR 1505.2. It shall be prepared at the time of contract or grant award or before the undertaking of the intramural activity. The record of decision shall list any mitigation measures necessary to make the recommended alternative environmentally acceptable.

Subpart H-Environmental Review Procedures for Solid Waste Demonstration Projects

§ 6.800 Purpose.

This subpart amplifies the procedures described in Subparts A through D by providing more specific environmental review procedures for demonstration projects undertaken by the Office of Solid Waste (OSW).

§ 6.801 Applicability.

The requirements of this subpart apply to solid waste demonstration projects for resource recovery systems and improved solid waste disposal facilities undertaken pursuant to section 8006 of the Resource Conservation and Recovery Act of 1976.

§ 6.802 Criteria for preparing EISS.

The responsible official shall assure that an EIS will be prepared when it is determined that any of the conditions

in § 6.506(a) (1) through (6) and (8) exist.

§ 6.803 Environmental review process.

(a) Environmental information. (1) Environmental information documents shall be submitted to EPA by grant applicants or contractors. If there is a question concerning the need for a document, the potential contractor or grantee should consult with the appropriate project officer for the grant or contract.

(2) The environmental information document shall contain the same sections specified for EIS's in Subpart B. Guidance alerting potential grantees and contractors of the environmental information documents shall be included in all grant application kits, attached to letters concerning the submission of unsolicited proposals, and included with all requests for proposal.

(b) Environmental review. An environmental review will be conducted before a grant or contract award is made. This review will include the preparation of an environmental assessment by the responsible official; the appropriate Regional Administrator's input will include his recommendations on the need for an EIS.

(c) Notice of intent and EIS. Based on the environmental review if the criteria in § 6.802 of this part apply, the responsible official will assure that a notice of intent and a draft EIS are prepared. The responsible official may request the appropriate Regional Administrator to assist him in the preparation and distribution of the environmental documents.

(d) Finding of no significant impact. If the environmental review indicated no significant environmental impacts, the responsible official will assure that a FNSI is prepared which lists any mitigation measures necessary to make the recommended alternative environmentally acceptable.

(e) Timing of action. Pursuant to § 6.401(b), in no case shall a contract or grant be awarded until the prescribed 30-day review period for a final EIS has elapsed. Similarly, no action shall be taken until the 30-day comment period for a FNSI is completed.

(a) The term "special purpose facility" means a building or space, including land incidental to its use, which is wholly or predominantly utilized for the special purpose of an agency and not generally suitable for other uses, as determined by the General Services Administration.

(b) The term "program of requirements" means a comprehensive document (booklet) describing program activities to be accomplished in the new special purpose facility or improvement. It includes architectural, mechanical, structural, and space requirements.

(c) The term "scope of work" means a document similar in content to the program of requirements but substantially abbreviated. It is usually prepared for small-scale projects.

§ 6.902 Applicability.

(a) Actions covered. These procedures apply to all new special purpose facility construction, activities related to this construction (e.g., site acquisition and clearing), and any improvements or modifications to facilities having potential environmental effects external to the facility, including new construction and improvements undertaken and funded by the Facilities Management Branch, Facilities and

Support Services Division, Office of Management and Agency Services; by a regional office; or by a National Environmental Research Center.

(b) Actions excluded. This subpart does not apply to those activities of the Facilities Management Branch, Facilities and Support Services Division, for which the branch does not have full fiscal responsibility for the entire project. This includes pilot plant construction, land acquisition, site clearing and access road construction where the Facilities Management Branch's activity is only supporting a project financed by a program office. Responsibility for considering the environmental impacts of such projects rests with the office managing and funding the entire project. Other subparts of this regulation apply depending on the nature of the project.

§ 6.903 Criteria for preparing EISS.

(a) Preliminary information. The responsible official shall request an environmental information document from a construction contractor or consulting architect/engineer employed by EPA if he is involved in the planning, construction or modification of special purpose facilities when his activities have potential environmental effects external to the facility. Such modifications include but are not limited to facility additions, changes in central heating systems or wastewater treatment systems, and land clearing for access roads and parking lots.

(b) EIS preparation criteria. The responsible official shall conduct an environmental review of all actions involving construction of special purpose facilities and improvements to these facilities. The responsible official shall assure that an EIS will be prepared when it is determined that any of the conditions in § 6.506(a) (1) through (6) and (8) of this part exist.

§ 6.904 Environmental review process.

(a) Environmental review. (1) An environmental review shall be conducted when the program of requirements or scope of work has been completed for the construction, improvements, or modification of special purpose facilities. For special purpose facility con

struction, the Chief, Facilities Management Branch, shall request the assistance of the appropriate program office and Regional Administrator in the review. For modifications and improvement, the appropriate responsible official shall request assistance in making the review from other cognizant EPA offices.

(2) Any environmental information documents requested shall contain the same sections listed for EISS in Subpart B. Contractors and consultants shall be notified in contractual documents when an environmental information document must be prepared.

(b) Notice of intent, EIS, and FNSI. The responsible official shall decide at the completion of the Environmental review whether there may be any significant environmental impacts. If there could be significant environmental impacts, a notice of intent and an EIS shall be prepared according to the procedures under Subparts A, B, C and D. If there are not any significant environmental impacts, a FNSI shall be prepared according to the procedures in Subparts A and D. The FNSI shall list any mitigation measures necessary to make the recommended alternative environmentally acceptable.

(c) Timing of action. Pursuant to § 6.401(b), in no case shall a contract be awarded or construction activities begun until the prescribed 30-day wait period for a final EIS has elapsed. Similarly, under § 6.400(d), no action shall be taken until the 30-day comment period for FNSIS is completed.

§ 6.905 Record of decision.

At the time of contract award, the responsible official shall prepare a record of decision in those cases where a final EIS has been issued in accordance with 40 CFR 1505.2. The record of decision shall list any mitigation measures necessary to make the recommended alternative environmentally acceptable.

Subpart J-Assessing the Environmental Effects Abroad of EPA Actions

AUTHORITY: Executive Order 12114, 42 U.S.C. 4321, note.

SOURCE: 46 FR 3364, Jan. 14, 1981, unless otherwise noted.

§ 6.1001 Purpose and policy.

(a) Purpose. On January 4, 1979, the President signed Executive Order 12114 entitled "Environmental Effects Abroad of Major Federal Actions." The purpose of this Executive Order is to enable responsible Federal officials in carrying out or approving major Federal actions which affect foreign nations or the global commons to be informed of pertinent environmental considerations and to consider fully the environmental impacts of the actions undertaken. While based on independent authority, this Order furthers the purpose of the National Environmental Policy Act (NEPA) (42 U.S.C. Sections 4321 et seq.) and the Marine Protection Research and Sanctuaries Act (MPRSA) (33 U.S.C. Sections 1401 et seq.). It should be noted, however, that in fulfilling its responsibilities under Executive Order 12114, EPA shall be guided by CEQ regulations only to the extent that they are made expressly applicable by this subpart. The procedures set forth below reflect EPA's duties and responsibilities as required under the Executive Order and satisfy the requirement for issuance of procedures under Section 2-1 of the Executive Order.

(b) Policy. It shall be the policy of this Agency to carry out the purpose and requirements of the Executive Order to the fullest extent possible. EPA, within the realm of its expertise, shall work with the Department of State and the Council on Environmental Quality to provide information to other Federal agencies and foreign nations to heighten awareness of and interest in the environment. EPA shall further cooperate to the extent possible with Federal agencies to lend special expertise and assistance in the preparation of required environmental documents under the Executive Order. EPA shall perform environmental reviews of activities significantly affecting the global commons and foreign nations as required under Executive Order 12114 and as set forth under these procedures.