ternatives for public understanding and scrutiny, avoid or minimize adverse effects of proposed actions, and restore and enhance environmental quality as much as possible. The Environmental Protection Agency (EPA) shall integrate these NEPA factors as early in the Agency planning processes as possible. The environmental review process shall be the focal point to assure NEPA considerations are taken into account. To the extent applicable, EPA shall prepare environmental impact statements (EISS) on those major actions determined to have significant impact on the quality of the human environment. This part takes into account the EIS exemptions set forth under section 511(c)(1) of the Clean Water Act (Pub. L. 92-500) and section 7(c)(1) of the Energy Supply and Environmental Coordination Act of 1974 (Pub. L. 93-319).

(b) This part establishes EPA policy and procedures for the identification and analysis of the environmental impacts of EPA-related activities and the preparation and processing of EISS.

§ 6.101 Definitions.

(a) Terminology. All terminology used in this part will be consistent with the terms as defined in 40 CFR Part 1508 (the CEQ Regulations). Any qualifications will be provided in the definitions set forth in each subpart of this regulation.

(b) The term "CEQ Regulations" means the regulations issued by the Council on Environmental Quality on November 29, 1978 (see 43 FR 55978), which implement Executive Order 11991. The CEQ Regulations will often be referred to throughout this regulation by reference to 40 CFR Part 1500 et al.

(c) The term "environmental review" means the process whereby an evaluation is undertaken by EPA to determine whether proposed Agency action may have a significant impact on the environment and therefore require the preparation of the EIS.

(d) The term "environmental information document" means any written analysis prepared by an applicant, grantee or contractor describing the environmental impacts of a proposed

action. This document will be of sufficient scope to enable the responsible official to prepare an environmental assessment as described in the remaining subparts of this regulation.

(e) The term "grant" as used in this part means an award of funds or other assistance by a written grant agreement or cooperative agreement under 40 CFR Chapter I, Subpart B.

§ 6.102 Applicability.

(a) Administrative actions covered. This part applies to the activities of EPA in accordance with the outline of the subparts set forth below. Each subpart describes the detailed environmental review procedures required for each action.

(1) Subpart A sets forth an overview of the regulation. Section 6.102(b) describes the requirements for EPA legislative proposals.

(2) Subpart B describes the requirements for the content of an EIS prepared pursuant to Subparts E, F, G, H, and I.

(3) Subpart C describes the requirements for coordination of all environmental laws during the environmental review undertaken pursuant to Subparts E, F, G, H, and I.

(4) Subpart D describes the public information requirements which must be undertaken in conjunction with the environmental review requirements under Subparts E, F, G, H, and I.

(5) Subpart E describes the environmental review requirements for the wastewater treatment construction grants program under Title II of the Clean Water Act.

(6) Subpart F describes the environmental review requirements for new source National Pollutant Discharge Elimination System (NPDES) permits under section 402 of the Clean Water Act.

(7) Subpart G describes the environmental review requirements for research and development programs undertaken by the Agency.

(8) Subpart H describes the environmental review requirements for solid waste demonstration projects undertaken by the Agency.

(9) Subpart I describes the environmental review requirements for construction of special purpose facilities

(b) Legislative proposals. As required by the CEQ Regulations, legislative EISS are required for any legislative proposal developed by EPA which significantly affects the quality of the human environment. A preliminary draft EIS shall be prepared by the responsible EPA office concurrently with the development of the legislative proposal and contain information required under Subpart B. The EIS shall be processed in accordance with the requirements set forth under 40 CFR 1506.8.

(c) Application to ongoing activities (1) General. The effective date for these regulations is December 5, 1979. These regulations do not apply to an EIS or supplement to that EIS if the draft EIS was filed with the Office of Federal Activities, (OFA) before July 30, 1979. No completed environmental documents need be redone by reason of these regulations.

(2) With regard to activities under Subpart E, these regulations shall apply to all EPA environmental review procedures effective December 15, 1979. However, for facility plans begun before December 15, 1979, the responsible official shall impose no new requirements on the grantee. Such grantees shall comply with requirements applicable before the effective date of this regulation. Notwithstanding the above, this regulation shall apply to any facility plan submitted 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) The responsible official's duties include:

(i) Requiring applicants, contractors, and grantees to submit environmental information documents and related documents and assuring that environmental reviews are conducted on proposed EPA projects at the earliest possible point in EPA's decision-making process. In this regard, the responsible official shall assure the early involvement and availability of information for private applicants and other non

Federal entities requiring EPA approvals.

(ii) When required, assuring that adequate draft EISS are prepared and distributed at the earliest possible point in EPA's decision-making process, their internal and external review is coordinated, and final EISS are prepared and distributed.

(iii) When an EIS is not prepared, assuring documentation of the decision to grant a categorical exclusion, or assuring that findings of no significant impact (FNSIS) and environmental assessments are prepared and distributed for those actions requiring them.

(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 respective 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 par. ties.

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 envi

ronmental 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 assure that decisions on any action where a final EIS has been prepared are properly implemented. Appropriate mitigation measures shall be inIcluded in actions undertaken by EPA. [44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982]

(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 re