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$ 6.1002 Applicability.
8 6.1004 Environmental review and assess(a) Administrative actions requiring ment requirements. environmental review. The environ (a) Research and demonstration mental review requirements apply to projects. The appropriate Assistant the activities of EPA as set forth Administrator is responsible for perbelow:
forming the necessary degree of envi(1) Major research or demonstration ronmental review on research and projects which affect the global com
demonstration projects undertaken by mons or a foreign nation.
EPA. If the research or demonstration (2) Ocean dumping activities carried
project affects the environment of the out under section 102 of the MPRSA
global commons, the applicant shall which affect the related environment.
prepare an environmental analysis. (3) Major permitting or licensing by
This will assist the responsible official EPA of facilities which affect the
in determining whether an EIS is necglobal commons or the environment of
essary. If it is determined that the a foreign nation. This may include
action significantly affects the envisuch actions as the issuance by EPA of
ronment of the global commons, then hazardous waste treatment, storage, or
an EIS shall be prepared. If the underdisposal facility permits pursuant to
taking significantly affects a foreign section 3005 of the Resource Conserva
nation EPA shall prepare a unilateral, tion and Recovery Act (42 U.S.C. Section 6925), NPDES permits pursuant
bilateral or multilateral environmental to section 402 of the Clean Water Act
study. EPA shall afford the affected (33 U.S.C. Section 1342), and preven
foreign nation or international body or tion of significant deterioration appro
organization an opportunity to particivals pursuant to Part C of the Clean
pate in this study. This environmental Air Act (42 U.S.C. Section 7470 et
study shall discuss the need for the seq.).
action, analyze the environmental (4) Wastewater Treatment Construc
impact of the various alternatives contion Grants Program under Section sidered and list the agencies and other 201 of the Clean Water Act when ac- parties consulted. tivities addressed in the facility plan (b) Ocean dumping activities. (1) would have environmental effects The Assistant Administrator for abroad.
Water and Waste Management shall (5) Other EPA activities as deter- ensure the preparation of appropriate mined by OER and OIA (see environmental documents relating to $ 6.1007(c)).
ocean dumping activities in the global
commons under section 102 of the 86.1003 Definitions.
MPRSA. For ocean dumping site desAs used in this subpart. "environ- ignations prescribed pursuant to secment” means the natural and physical tion 102(c) of the MPRSA and 40 CFR environment and excludes social, eco Part 228, EPA shall prepare an envinomic and other environments; ronmental impact statement consist"global commons" is that area (land, ent with the requirements of EPA's air, water) outside the jurisdiction of Procedures for the Voluntary Preparaany nation; and “responsible official" tion of Environmental Impact Stateis either the EPA Assistant Adminis ments dated October 21, 1974 (see 39 trator or Regional Administrator as FR 37419). Also EPA shall prepare an appropriate for the particular EPA environmental impact statement for program. Also, an action "significant the establishment or revision of critely" affects the environment if it does ria under section 102(a) of MPRSA. significant harm to the environment (2) For individual permits issued by even though on balance the action EPA under section 102(b) an environmay be beneficial to the environment. mental assessment shall be made by To the extent applicable, the responsi EPA. Pursuant to 40 CFR Part 221, ble official shall address the consider the permit applicant shall submit with ations set forth in the CEQ Regula. the application an environmental analtions under 40 CFR 1508.27 in deter ysis which includes a discussion of the mining significant effect.
need for the action, an outline of alternatives, and an analysis of the envi. (e) Review by other Federal agencies ronmental impact of the proposed and other appropriate officials. The action and alternatives consistent with responsible officials shall consult with the EPA criteria established under other Federal agencies with relevant Section 102(a) of MPRSA. The infor- expertise during the preparation of mation submitted under 40 CFR Part the environmental document. As soon 221 shall be sufficient to satisfy the as feasible after preparation of the enenvironmental assessment require vironmental document, the responsiment.
ble official shall make the document (c) EPA permitting and licensing ac available to the Council on Environtivities. The appropriate Regional Ad mental Quality, Department of State, ministrator is responsible for conduct and other appropriate officials. The ing concise environmental reviews responsible official with assistance with regard to permits issued under
from OIA shall work with the DepartSection 3005 of the Resource Conser
ment of State to establish procedures vation and Recovery Act (RCRA per
for communicating with and making mits), Section 402 of the Clean Water
documents available to foreign nations Act (NPDES permits), and Section 165 and international organizations. of the Clean Air Act (PSD permits), for such actions undertaken by EPA
8 6.1005 Lead or cooperating agency. which affect the global commons or (a) Lead Agency. Section 3-3 of Exforeign nations. The information sub- ecutive Order 12114 requires the cremitted by applicants for such permits ation of a lead agency whenever an or approvals under the applicable con action involves more than one federal solidated permit regulations (40 CFR agency. In implementing Section 3-3, Parts 122 and 124) and Prevention of EPA shall, to the fullest extent possiSignificant Deterioration (PSD) regu- ble, follow the guidance for the seleclations (40 CFR Part 52) shall satisfy tion of a lead agency contained in 40 the environmental document require- CFR 1501.5 of the CEQ regulations. ment under Section 2-4(b) of Execu- (b) Cooperating Agency. Under sective Order 12114. Compliance with ap- tion 2-4(d) of the Executive Order, plicable requirements in Part 124 of Federal agencies with special expertise the consolidated permit regulations are encouraged to provide appropriate (40 CFR Part 124) shall be sufficient resources to the agency preparing ento satisfy the requirements to conduct vironmental documents in order to a concise environmental review for avoid duplication of resources. In permits subject to this paragraph. working with a lead agency, EPA shall
(d) Wastewater Treatment Facility to the fullest extent possible serve as a Planning. 40 CFR 6.507 details the en cooperating agency in accordance with vironmental review process for the 40 CFR 1501.6. When other program facilities planning under the commitments preclude the degree of wastewater treatment works construc involvement requested by the lead tion grants program. For the purpose agency, the responsible EPA official of these regulations, the facility plan shall so inform the lead agency in shall also include a concise environ writing. mental review of those activities that would have environmental effects 86.1006 Exemptions and considerations. abroad. This shall apply only to the Under section 2-5 (b) and (c) of the Step 1 grants awarded after the effec Executive Order, Federal agencies tive date of these regulations. Where may provide for modifications in the water quality impacts identified in a contents, timing and availability of facility plan are the subject of water documents or exemptions from certain quality agreements with Canada or requirements for the environmental Mexico, nothing in these regulations review and assessment. The responsishall impose on the facility planning ble official, in consultation with the process coordination and consultation Director, Office of Environmental requirements in addition to those re- Review (OER), and the Director, quired by such agreements.
Office of International Activities
(OIA), may approve modifications for and floodplain management, including the situations described in section 2-5(b). restoration and preservation of such land The responsible official, in consulta
areas as natural undeveloped floodplains, tion with the Director, OER and Di
and to prescribe procedures to implement
the policies and procedures of this Execurector OIA, shall obtain exemptions
tive Order. Guidance for implementation of from the Administrator for situations
the Executive Order has been provided by described in section 2-5(c). The De
the U.S. Water Resources Council in its partment of State and the Council on Floodplain Management Guidelines dated Environmental Quality shall be con February 10, 1978 (see 40 FR 6030). sulted as soon as possible on the utili b. Executive Order 11990 entitled "Proteczation of such exemptions.
tion of Wetlands”, dated May 24, 1977, re
quires Federal agencies to take action to $ 6.1007 Implementation.
avoid adversely impacting wetlands wherev
er possible, to minimize wetlands destruc(a) Oversight. OER is responsible for
tion and to preserve the values of wetlands, overseeing the implementation of and to prescribe procedures to implement these procedures and shall consult the policies and procedures of this Execuwith OIA wherever appropriate. OIA tive Order. shall be utilized for making formal c. It is the intent of these Executive contacts with the Department of
Orders that, wherever possible, Federal State. OER shall assist the responsible
agencies implement the floodplains/wetofficials in carrying out their responsi
lands requirements through existing proce
dures, such as those internal procedures esbilities under these procedures.
tablished to implement the National Envi(b) Information exchange. OER with
ronmental Policy Act (NEPA) and OMB Athe aid of OIA, shall assist the Depart 95 review procedures. In those instances ment of State and the Council on En where the environmental impacts of a provironmental Quality in developing the posed action are not significant enough to informational exchange on environ require an environmental impact statement mental review activities with foreign
(EIS) pursuant to section 102(2)(C) of nations.
NEPA, or where programs are not subject to (c) Unidentified activities. The re
the requirements of NEPA, alternative but
equivalent floodplain/wetlands evaluation sponsible official shall consult with
and notice procedures must be established. OER and OIA to establish the type of environmental review or document ap
Section 2 Purpose propriate for any new EPA activities
a. The purpose of this Statement of Proceor requirements imposed upon EPA bydures is to set forth Agency policy and guidstatute, international agreement or ance for carrying out the provisions of Exother agreements.
ecutive Orders 11988 and 11990.
b. EPA program offices shall amend exist
ing regulations and procedures to incorpoAPPENDIX A-STATEMENT OF PROCE
rate the policies and procedures set forth in DURES ON FLOODPLAIN MANAGEMENT
this Statement of Procedures. AND WETLANDS PROTECTION
c. To the extent possible, EPA shall ac
commodate the requirements of Executive Contents:
Orders 11988 and 11990 through the Agency Section 1 General.
NEPA procedures contained in 40 CFR Part
Section 3 Policy
a. The Agency shall avoid wherever possiSection 6 Requirements.
ble the long and short term impacts associSection 7 Implementation.
ated with the destruction of wetlands and
the occupancy and modification of floodSection 1 General
plains and wetlands, and avoid direct and ina. Executive Order 11988 entitled “Flood direct support of floodplain and wetlands plain Management" dated May 24, 1977, re development wherever there is a practicable quires Federal agencies to evaluate the po- alternative. tential effects of actions it may take in a b. The Agency shall incorporate floodfloodplain to avoid adversely impacting plain management goals and wetlands profloodplains wherever possible, to ensure tection considerations into its planning, reg. that its planning programs and budget re- ulatory, and decisionmaking processes. It quests reflect consideration of flood hazards shall also promote the preservation and res
toration of floodplains so that their natural and beneficial values can be realized. To the extent possible EPA shall:
(1) Reduce the hazard and risk of flood loss and wherever it is possible to avoid direct or indirect adverse impact on floodplains:
(2) Where there is no practical alternative to locating in a floodplain, minimize the impact of floods on human safety, health, and welfare, as well as the natural environment;
(3) Restore and preserve natural and beneficial values served by floodplains;
(4) Require the construction of EPA structures and facilities to be in accordance with the standards and criteria, of the regulations promulgated pursuant to the National Flood Insurance Program;
(5) Identify floodplains which require restoration and preservation and recommend management programs necessary to protect these floodplains and to include such considerations as part of on-going planning programs; and
(6) Provide the public with early and continuing information concerning floodplain management and with opportunities for participating in decision making including the (evaluation of) tradeoffs among competing alternatives.
c. The Agency shall incorporate wetlands protection considerations into its planning, regulatory, and decisionmaking processes. It shall minimize the destruction, loss, or degradation of wetlands and preserve and enhance the natural and beneficial values of wetlands. Agency activities shall continue to be carried out consistent with the Administrator's Decision Statement No. 4 dated February 21, 1973 entitled “EPA Policy to Protect the Nation's Wetlands.
mum, that area subject to a one percent or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floodplain (one percent chance floodplain). The critical action floodplain is defined as the 500-year floodplain (0.2 percent chance floodplain).
e. “Floodproofing" means modification of individual structures and facilities, their sites, and their contents to protect against structural failure, to keep water out or to reduce effects of water entry.
f. "Minimize" means to reduce to the smallest possible amount or degree.
g. "Practicable" means capable of being done within existing constraints. The test of what is practicable depends upon the situation and includes consideration of the pertinent factors such as environment, community welfare, cost, or technology,
h. “Preserve" means to prevent modification to the natural floodplain environment or to maintain it as closely as possible to its natural state.
i. "Restore" means to re-establish a setting or environment in which the natural functions of the floodplain can again operate.
j. “Wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows. river overflows, mud flats, and natural ponds.
Section 5 Applicability a. The Executive Orders apply to activities of Federal agencies pertaining to (1) acquiring, managing, and disposing of Federal lands and facilities, (2) providing Federally undertaken, financed, or assisted construction and improvements, and (3) conducting Federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities.
b. These procedures shall apply to EPA's programs as follows: (1) All Agency actions involving construction of facilities or management of lands or property. This will require amendment of the EPA Facilities Management Manual (October 1973 and revisions thereafter).
(2) All Agency actions where the NEPA process applies. This would include the programs under section 306/402 of the Clean Water Act pertaining to new source permit. ting and section 201 of the Clean Water Act pertaining to wastewater treatment construction grants.
Section 4 Definitions a. "Base Flood” means that flood which has a one percent chance of occurrence in any given year (also known as a 100-year flood). This term is used in the National Flood Insurance Program (NFIP) to indirate the minimum level of flooding to be used by a community in its floodplain management regulations.
b. “Base Floodplain" means the 100-year floodplain (one percent chance floodplain). Also see definition of floodplain.
C. “Flood or Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or tidal waters, and/or the unusual and rapid accu. mulation or runoff of surface waters from any source, or flooding from any other source.
d. "Floodplain” means the lowland and relatively flat areas adjoining inland and coastal waters and other floodprone areas such as offshore islands, including at a mini.
(3) All agency actions where there is sufficient independent statutory authority to carry out the floodplain/wetlands procedures.
(4) In program areas where there is no EIS requirement nor clear statutory author. ity for EPA to require procedural implementation, EPA shall continue to provide lead. ership and offer guidance so that the value of floodplain management and wetlands protection can be understood and carried out to the maximum extent practicable in these programs.
c. These procedures shall not apply to any permitting or source review programs of EPA once such authority has been transferred or delegated to a State. However, EPA shall, to the extent possible, require States to provide equivalent effort to assure support for the objectives of these procedures as part of the state assumption proc. ess.
Section 6 Requirements a. Floodplain/Wetlands review of proposed Agency actions.
(1) Floodplain/Wetlands DeterminationBefore undertaking an Agency action, each program office must determine whether or not the action will be located in or affect a floodplain or wetlands. The Agency shall utilize maps prepared by the Federal Insurance Administration (Flood insurance Rate Maps or Flood Hazard Boundary Maps), Fish and Wildlife Service (National Wetlands Inventory Maps), and other appropri. ate agencies to determine whether a proposed action is located in or will likely affect a floodplain or wetlands. If there is no ad verse floodplain/wetlands impact identified, the action may proceed without further consideration of the remaining procedures set forth below.
(2) Early Public Notice-When it is apparent that a proposed or potential agency action is likely to impact a floodplain or wetlands, the public should be informed through appropriate public notice procedures.
(3) Floodplain/Wetlands Assessment-If the Agency determines a proposed action is located in or affects a floodplain or wetlands, a floodplain/wetlands assessment shall be undertaken. For those actions where an environmental assessment (EA) or environmental impact statement (EIS) is prepared pursuant to 40 CFR Part 6, the floodplain/wetlands assessment shall be prepared concurrently with these analyses and shall be included in the EA or EIS. In all other cases, a "floodplain/wetlands assessment" shall be prepared. Assessments shall consist of a description of the proposed action, a discussion of its effect on the floodplain/wetlands, and shall also describe the alternatives considered.
(4) Public Review of Assessments-For proposed actions impacting floodplain/wetlands where an EA or EIS is prepared, the opportunity for public review will be provided through the EIS provisions contained in 40 CFR Parts 6, 25, or 35, where appropriate. In other cases, an equivalent public notice of the floodplain/wetlands assessment shall be made consistent with the public involvement requirements of the applicable program.
(5) Minimize, Restore or Preserve-If there is no practicable alternative to locating in or affecting the floodplain or wetlands, the Agency shall act to minimize potential harm to the floodplain or wetlands. The Agency shall also act to restore and preserve the natural and beneficial values of floodplains and wetlands as part of the analysis of all alternatives under consideration.
(6) Agency Decision-After consideration of alternative actions, as they have been modified in the preceding analysis, the Agency shall select the desired alternative. For all Agency actions proposed to be in or affecting a floodplain/wetlands, the Agency shall provide further public notice announcing this decision. This decision shall be accompanied by a Statement of Findings, not to exceed three pages. This Statement shall include: (i) The reasons why the proposed action must be located in or affect the floodplain or wetlands; (ii) a description of significant facts considered in making the decision to locate in or affect the floodplain or wetlands including alternative sites and actions; (iii) a statement indicating whether the proposed action conforms to applicable State or local floodplain protection standards; (iv) a description of the steps taken to design or modify the proposed action to minimize potential harm to or within the floodplain or wetlands; and (v) a statement indicating how the proposed action affects the natural or beneficial values of the floodplain or wetlands. If the provisions of 40 CFR Part 6 apply, the Statement
Find ings may be incorporated in the final EIS or in the environmental assessment. In other cases, notice should be placed in the FEDERAL REGISTER or other local medium and copies sent to Federal, State, and local agencies and other entities which submitted comments or are otherwise concerned with the floodplain/wetlands assessment. For floodplain actions subject to Office of Man. agement and Budget (OMB) Circular A-95, the Agency shall send the Statement of Findings to State and areawide A-95 clearinghouse in the geographic area affected. At least 15 working days shall be allowed for public and interagency review of the Statement of Findings.
(7) Authorizations/Appropriations-Any requests for new authorizations or appropri