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§ 6.12 Summary of the environmental

impact statement process.

(a) Environmental review. An environmental review shall be made of proposed and certain ongoing actions (as required in § 6.13(c)) of the Environmental Protection Agency. This process shall consist of a study of the program or project, identifying and evaluating the expected and potential environmental impacts of the action. The purpose of this review is to determine whether any significant impacts are anticipated and if an environmental impact statement is required. The Agency has overall responsibility for this review, although its grantees and contractors will contribute to the review through environmental assessments they have submitted. (Types of grants, contracts, and other actions requiring such assessments are specified in the subparts following Subpart D of this part.)

(b) Notice of intent and impact statements. Where the environmental review indicates significant environmental impacts, a notice of intent shall be published, and a draft environmental impact statement shall be prepared and distributed. After external coordination and evaluation of the comments received, a final environmental impact statement shall be prepared and distributed.

(c) Negative declaration and environmental impact appraisal. When the environmental review does not indicate any significant impacts, a negative declaration to this effect shall be issued. For the cases specified in the subparts following Subpart D of this part, an environmental impact appraisal shall be prepared, which summarizes the impacts, alternatives, and the reasons an impact statement was not prepared. It shall remain on file and shall be available for public inspection.

(d) The environmental impact statement process is shown graphically in Exhibit 1.

§ 6.13 Applicability.

(a) Actions covered. This part applies to:

(1) All Agency legislative proposals; (2) Favorable reports on legislation initiated elsewhere and not accompanied by an impact statement, provided it is not excluded in paragraph (b) (4) and (5) of this section;

(3) Direct Agency activities;

(4) Activities of its grantees and contractors that are financially supported in whole or in part by the Agency, except as noted in paragraph (b) of this section.

(b) Actions excluded. The following Agency actions are not subject to the requirements of this part:

(1) Administrative procurements (e.g., general supplies);

(2) Contracts for consulting services; (3) Personnel actions;

(4) Legislative proposals originating in another Agency;

(5) Legislative proposals not relating to or affecting the matters within EPA's primary areas of responsibility;

(6) Environmentally protective regulatory activities.

(c) Retroactive application. This regulation shall apply to uncompleted and continuing Agency actions initiated prior to the promulgation of these procedures when substantial funds have not been released and modifications of or alternatives to the Agency action are still available. An environmental impact statement shall be prepared for each project found to have significant environmental consequences, as determined in accordance with § 6.20.

(d) Application to legislative proposals. Except as noted in paragraphs (b) (4) and (5) of this section, environmental impact statements shall be prepared for legislative proposals or favorable reports relating to legislation. Because of the nature of the legislative process, impact statements for legislation must be prepared and reviewed in accordance with the procedures followed in the development and review of the legislative matter. These procedures are described in Office of Management and Budget Circular No. A-19; separate procedures, therefore, have not been provided in this part. Where appropriate, legislative statements will contain the information required in § 6.32.

(e) Application to annual budget estimates. An annual listing of those Agency actions which will require the preparation of environmental impact statements shall be compiled each year as specified in Office of Management and Budget Bulletin No. 72-6. Agency components shall submit with their budget estimates a listing of those projects for which they expect to prepare impact statements. Applicable portions of Subpart B of this part shall be utilized to review projects

to determine if they will have a signifi- copies of specific documents to the apcant impact.

§ 6.14 General responsibilities.

(a) Responsible official. (1) Requires contractors and grantees to submit environmental assessments and assures environmental reviews are conducted on proposed Agency projects at the earliest practicable point in the Agency's project formulation process.

(2) When required, assures that draft statements are prepared and distributed at the earliest practicable point in the Agency's project formulation process, their internal and external review is coordinated, and final statements are prepared and distributed.

(3) When an impact statement is not prepared, assures that negative declarations and environmental appraisals are prepared and distributed for those actions requiring them.

(b) Office of Federal Activities. (1) Provides Agencywide policy guidance and assures that Agency components establish and maintain adequate administrative procedures to comply with this part.

(2) Monitors the overall timeliness and quality of the Agency effort to comply with this part.

(3) Provides assistance to "responsible officials" as required.

(4) Coordinates the training of personnel involved in the review and preparation of environmental impact statements.

(5) Acts as Agency liaison with the Council on Environmental Quality and other Federal and State entities on matters of Agency policy and administrative mechanisms to facilitate external review of Agency environmental impact statements, to determine lead Agency, and to improve the uniformity of the NEPA procedures of Federal agencies.

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propriate regional office or program.

(2) Analyzes the present procedures for public participation, and develops and recommends to the Office of Federal Activities a program to improve those procedures and increase public participation.

(d) Regional Office Division of Public Affairs. (1) Assists the "responsible official" or his designee on matters pertaining to negative declarations, notices of intent, press releases, and other public notification procedures.

(2) Assists the responsible official or his designee by answering the public's queries on the impact statement process and on specific impact statements, and by filling requests for copies of specific documents.

(e) Office of Legislation. Provides the necessary liaison with Congress.

(f) Offices of the Assistant Administrators and Regional Administrators. (1) Provide specific policy guidance to their respective offices and assure that those offices establish and maintain adequate administrative procedures to comply with this part.

(2) Monitor the overall timeliness and quality of their respective component's efforts to comply with this part.

(3) Act as liaison between their components and the Office of Federal Activities and between their components and other Assistant Administrators or Regional Administrators on matters of agencywide policy and procedures.

(4) Advise the Administrator and Deputy Administrator, through the Office of Federal Activities, on projects or activities within their respective areas of responsibility which involve more than one Agency component, are highly controversial, are nationally significant or "pioneer" Agency policy, when these projects have had or should have an environmental impact statement prepared on them.

(g) Budget Operations Division, Office of Resources Management. The Budget Operations Division, Office of Resources Management, prepares from the submission of Agency components a listing of those Agency actions, covered by the budget estimates, which will require the preparation of environmental impact statements, as specified in Office of Management and Budget Bulletin No. 72-6 (see § 6.13(e)).

(h) The Office of Legislation. The Office of Legislation coordinates the prepa

ration of impact statements required on legislative proposals or reports on legislation (see § 6.13(d)).

§ 6.15 Timing for proposed Agency actions on which impact statements are to be prepared.

(a) Except when requested by the "responsible official" in writing and approved by the Council on Environmental Quality, no administrative action shall be taken sooner than ninety (90) calendar days after a draft statement has been distributed or sooner than thirty (30) calendar days after the final statement has been distributed. If the final statement is filed within ninety (90) calendar days after the draft statement has been circulated and made public, the thirty (30) day period and ninety (90) day period may run concurrently to the extent that they overlap.

(b) Administrative action shall be interpreted as an Agency award of a grant or contract, or actual physical commencement of a project or activity undertaken with inhouse funds (intramural project).

§ 6.20

Subpart B-Procedures

Guidelines for determining when to prepare an impact statement.

The following general guidelines shall be used when reviewing an Agency action to determine if it will have a significant impact on the environment and therefore require an impact statement.

(a) Significant environmental effects. (1) Actions having both beneficial and detrimental effects may be classified as having significant effects on the environment even if, on balance, the Agency believes that the net effect will be beneficial. Impact statements should be prepared first on those proposed actions with the most adverse effects.

(2) Significant effects should include both primary and secondary consequences of short term and long term duration. Secondary consequences result from activities encouraged or induced by the Agency action. Long term effects should be given particular attention in the determination of significant effects.

(3) The total expected environmental impact of precedent-setting actions and individually small but cumulatively large actions shall be identified and considered fully. If the Agency is taking a number of minor, environmentally insignificant actions that are similar in execution and

purpose, especially when they are taken during a limited time span and in the same general geographic area, the cumulative environmental impact of all of these actions. may be significant.

(b) Controversial actions. An environmental impact statement shall be prepared and processed when the environmental impact of an Agency action is likely to be highly controversial.

§ 6.21 Environmental review.

(a) Proposed and certain ongoing Agency actions as specified in § 6.13 (c) shall be subjected to an environmental review. This review shall be a continuing one and should commence at the earliest possible point in the development of the project. It shall consist of a study of the proposed program or project which identifies and evaluates the expected and potential environmental impacts of the action and alternatives to it. It will determine whether a significant impact is anticipated from the proposed action. The outcome of an environmental review will be either the preparation of an impact statement or preparation of a negative declaration.

(b) When making this determination, a general class of actions occurring within a common time frame may be treated as a single action if their individual environmental effects and alternatives are substantially similar.

(c) To assist the "responsible official" in reviewing the proposed action, applicants for a grant or contract may be required to submit with their original application an environmental assessment. The types of grants and contracts requiring such assessments are specified in the subparts following Subpart D of this part. The Agency may also request additional environmental data or analyses to supplement the assessment. Although the assessment and data may be utilized by the Agency in the preparation of an impact statement or environmental impact appraisal, responsibility for the technical accuracy of such information rests with the Agency.

§ 6.22 Notice of intent.

(a) General. (1) When an environmental review indicates a significant impact will occur, a notice of intent, announcing the preparation of a draft impact statement, shall be issued by the "responsible official." The notice shall briefly describe the Agency action, its location and the issues involved (see Ex

hibit 2). Such a notice should be submitted immediately after completion of an environmental review that indicates a significant impact. Notices of intent should be sent to interested persons who might be interested in receiving a copy of an impact statement. Those who request a copy of a particular draft impact statement will be sent one at the same time as those interested persons who are routinely sent copies of all impact statements.

(2) The purpose of a notice of intent is to involve other Government agencies and interested persons as early as possible in the planning and evaluation of Agency actions which embody significant environmental impacts. This device should facilitate coordination during the preparation of a draft impact statement and assure that environmental values will be identified and weighed from the outset, rather than accommodated by adjustments at the end of the decision-making process.

(b) Specific actions. The specific actions that should be taken with respect to notices of intent are as follows:

(1) When the review process indicates there will be a significant impact, prepare a notice of intent as soon as practicable.

(2) Forward copies of the notice of intent to:

(i) The appropriate State and local agencies and to the appropriate State, regional, and metropolitan clearinghouses.

(ii) Potentially interested persons. (iii) The Office of Federal Activities and to the Office of Public Affairs.

(iv) The Headquarters impact statement coordinator for the program office originating the statement. When the originating office is a regional office and the action is related to water quality management, the copies should be forwarded to the Water Quality and Nonpoint Source Control Division, Office of Water Programs Operations.

(v) The Office of Legislation so they will be able to answer any queries from Congress on the matter.

(3) Submit to a local newspaper which has adequate circulation to cover the area that will be affected by the project, a brief news release (see Exhibit 3) informing the public that an impact statement will be prepared on a particular project. News releases may be submitted to other media as appropriate.

(c) Regional office assistance to program offices. Regional offices will provide assistance to program offices in taking these specific actions when the statement orginates in a program office. § 6.23 Draft impact statements.

(a) General. (1) The "responsible official" shall assure that a draft environmental impact statement is prepared as soon as practicable after the release of the notice of intent. Prior to release to CEQ, the draft statement may be circulated for review to other offices within the Agency with collateral interest in or technical expertise related to the action. Afterwards, the draft statement shall be sent to CEQ and circulated to Federal, State, and local agencies with special expertise or jurisdiction by law, and to interested persons. If the responsible official determines that a public hearing on the project is warranted, the hearing will be held after preparation of the draft statement and in accordance with the requirements of § 6.41. Comments from both the hearing and written replies shall be incorporated in the final environmental impact statement.

(2) Draft impact statements should be prepared at the earliest practicable point in the project development. Where a plan or program has been developed by the Agency or submitted to the Agency for approval, the relationship between the plan and the subsequent projects encompassed by it shall be evaluated to determine the preferable and most meaningful point in time for preparing an impact statement. Where practicable, an environmental impact statement will be drafted for the total program at the overall planning stage. Subsequently, component projects included in the plan will not require individual statements unless they deviate substantially from prior plans, or unless the plans do not provide sufficient detail to fully assess significant impacts of individual projects. Plans shall be reevaluated by the responsible official to monitor the cumulative impact of the component projects and to preclude the plans' obsolescence.

(b) Specific actions. The specific actions that should be taken with respect to draft impact statements are as follows:

(1) Before transmitting the draft statement to the Council on Environmental Quality, the "responsible official" shall:

(1) Notify by phone the Office of Federal Activities and the Headquarters impact statement coordinator for the program office originating the statement that a draft impact statement has been prepared. When the originating office is a regional office and the project is related to water quality management, the Regional Administrator will notify by phone the Office of Federal Activities and the Water Quality and Non-Point Source Control Division, Office of Water Programs Operations, that the draft impact statement has been prepared.

(ii) Send two (2) copies of the draft statement to each of the appropriate offices in paragraph (b) (1) (i) of this section.

(2) If neither of the above offices requests any changes within a ten (10) calendar day period after notification, the "responsible officials" shall:

(i) Send ten (10) copies of the draft environmental impact statement to the Council on Environmental Quality. InIclude with the copies two (2) completed National Technical Information Service (NTIS) accession notice cards (Form NTIS-79). One (1) card should have the return address of the Office of Federal Activities and the other the return address of the originating office. The Council on Environmental Quality will forward the necessary copies and cards to NTIS. Requests for copies can be filled by NTIS when the Agency has depleted its stock. (See § 6.43 (b).)

(ii) Inform the Office of Public Affairs of the transmittal to the Council on Environmental Quality and the plans for local press release.

(iii) Notify the Office of Legislation of the transmittal so they will be able to answer any queries from Congress on the matter.

(iv) Provide copies of the draft statement to:

(a) The Office of Legislation if they request copies.

(b) The Office of Public Affairs. Provide two (2) copies.

(c) The appropriate field offices of reviewing Federal agencies that have special expertise or jurisdiction by law with respect to any impacts involved. The Council on Environmental Quality's Guidelines (section 7 and Appendixes IIIII thereof) specify those agencies to which draft statements will be sent for official review and comment. Two (2) copies of the impact statement should be provided each field office. The field

offices are expected to reply directly to the originating Agency office. Commenting agencies shall have at least thirty (30) calendar days to reply (the reply period shall commence from the date of receipt of the statement by the Council on Environmental Quality as noted in the Council's FEDERAL REGISTER and 102 Monitor announcements); afterwards, it shall be presumed that, unless a time extension has been requested, the Agency has no comment to make. EPA will grant extensions where practical, not to exceed fifteen (15) calendar days.

(d) The appropriate State and local agencies and to the appropriate State and metropolitan clearinghouses. The time limits for review and comment shall be the same as those available to Federal agencies.

(e) Interested persons. The time limits for review and comment shall be the same as those available to Federal agencies.

(v) Submit to the local newspapers and other appropriate media a news release (see Exhibit 3) that the draft statement is available for comment and where copies may be obtained.

(vi) Send two (2) copies of the summary sheet to the Office of Management and Budget, Organization and Management Systems Division.

(c) Regional office assistance to program office. If requested, regional offices will provide assistance to program offices in taking these specific actions when the impact statement originates in a program office.

§ 6.24 Final impact statements.

(a) Final statements shall respond to all written or recorded suggestions, criticisms, and comments raised through the review of the draft impact statement. Special care should be taken to respond fully to comments that are at variance with the Agency's position (see also § 6.32(g)).

(b) Distribution and other specific actions will be as specified for draft statements in § 6.23 (b) and (c), except that in the case of Federal and State agencies and interested persons, only those who responded to the draft statement will be sent a copy of the final statement. § 6.25 Negative declaration and environmental impact appraisals.

(a) General. When an environmental review indicates no significant impact, a negative declaration shall be prepared

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