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(2) When projects significantly affect (1) The project will induce or encourmore than one regional office, are highly age significant changes in industrial, controversial, are of national signifi- commercial, or residential concentrations cance, or "pioneer" Agency policy, the or distributions, the effects of which are appropriate program official shall have not adequately reflected in an impact the project's continuation approved by statement on plans encompassing the the Program Management Division, Of project. Factors that must be considered fice of Program Operations, Assistant in determining if induced changes are Administrator for Research and Moni significant include but are not limited toring.
to: the land area subject to increased (b) Assistant Administrator. The re development as a result of the project; sponsibilities of the Office of the Assist the relative increase in population which ant Administrator as described in 8 6.14 the project may induce; the potential for (f) of Subpart A of this part shall be overloading sewage facilities; the extent assumed by the Assistant Administrator to which landowners may benefit from for Research and Monitoring for Agency the areas subject to increased developactions covered by this subpart.
ment; and the nature of land use regu(c) Program Management Division, lations in the affected area and their poOffice of Program Operations, Assistant tential effects on the development. Administrator for Research and Moni (2) The project will have significant toring. (1) Assists the Office of Federal adverse impacts on public parks or other Activities in coordinating the training of areas of recognized scenic or recreational personnel involved in the review and value. preparation of impact statements and (3) The project will have significant other EIS-associated documents.
adverse impact on areas of recognized (2) Advises the Assistant Administra
archeological value or properties listed tor for Research and Monitoring,
in or being considered for nomination to through the Deputy Assistant Adminis
the National Register of Historical trator for Program Operations, concern
Places. ing projects which significantly affect
(4) The project will significantly demore than one regional office, are highly
face an existing residential area. controversial, are of national signifi
(5) The project will include or induce
development which will have a significant cance, or "pioneer” Agency policy, when
adverse effect upon local ambient air these projects have had or should have
quality, local ambient noise levels, surhad an environmental impact statement
face or groundwater quality, fish, wildprepared on them.
life, their natural habitats, or other (d) Regional Administrators. The re
natural elements. sponsibilities of the Regional Adminis
(6) The project involves a significant trator with regard to projects of the
diversion of effluent from one basin to Office of Research and Monitoring which
another (or to the ocean) and the diaffect his region will be to:
version will adversely affect the quality (1) Provide technical and administra
or quantity of the water in a basin. tive assistance in environmental reviews
(7) When the treated effluent is being and in the preparation of impact state
discharged into a body of water where ments.
the present classification is being chal(2) Advise the appropriate program lenged as too low to protect present uses, officials and the Program Management and the effluent will not be of sufficient Division, Office of Program Operations,
quality to meet the requirements of such of any projects which will significantly uses. affect more than one regional office, are (8) The environmental impact of a highly controversial, are of national sig project is highly controversial based on nificance, or "pioneer” Agency policy, environmental issues raised by a party when these projects have had or should or parties with recognized legal standhave had an environmental impact state ing as defined in Sierra Club v. Morton, ment prepared on them.
92 S.Ct. 1361 (Apr. 19, 1972) which can $ 6.64
be found in 3 Environmental Reporter Criteria for the preparation of
Cases (ERC) 2039. environmental impact statements.
(9) The project consists of field tests (a) An impact statement shall be pre involving the introduction of pesticides, pared and processed by the Office of Re radioactive materials, or other hazardous search and Monitoring when:
substances into the environment by the
Office of Research and Monitoring, its ment, no further review is necessary and grantee, or its contractor.
a negative declaration stating there will (10) There is a high probability of a be no external impacts will be prepared. project ultimately being implemented on If a project will affect the external envia large scale and the broad scale applica ronment, a complete environmental retion may result in significant impacts, view of the project will be conducted and even if the proposed project will not a decision made on the need for an imhave any significant impacts on the im pact statement. This must be done before mediate area in which it will be lo a grant or contract is made on extracated.
mural projects or before project com(b) When a project is conducted com mencement on intramural projects. Projpletely within a laboratory or other fa ects involving an RFP shall be reviewed cility, and external environmental ef before release of the RFP. fects have been minimized by providing (1) Projects affecting the environeffective methods for disposal of labora ment external to a laboratory or fatory wastes and effective safeguards to cility. On projects which will affect the prevent accidental introductions of haz environment external to a laboratory or ardous materials to the environment, an facility in which the work will be perimpact statement will normally not be formed, the appropriate program offinecessary.
cial shall coordinate the review with the $ 6.65 Procedures for preparation, dis
Regional Administrator in whose region tribution, and review of EIS's and
the project will be located. This coordi
nated review will include both an evaluaother EIS-associated documents.
tion of any assessment submitted and an (a) Environmental assessment:
analysis of the need for an impact state(1) Environmental assessments shall
ment. If either reviewer considers the be submitted to the Agency on certain
assessment inadequate, steps shall be extramural projects. These include all taken to have it modified to incorporate grant applications and proposals for sole the recommendations of that reviewer. If source contracts. In the case of competi either reviewer determines that the projtive proposals, assessments need not be ect will have a significant environmental submitted by potential contractors be- impact under the guidelines of $ 6.20 of cause the decision on whether an im- Subpart B of this part or the criteria of pact statement is required must be made 86.64 of this subpart, an impact stateand the impact statement or negative ment shall be prepared. declaration completed by the Agency
(2) Projects not affecting the environbefore a request for proposal (RFP) is
ment external to a laboratory or facility. issued. If there is a question concerning If the appropriate program official dethe need for an assessment, the potential termines that the project will not affect contractor or grantee should consult with
the environment external to a laboratory, the appropriate official responsible for he will prepare a negative declaration for the grant or contract.
the record (an environmental appraisal (2) The assessment shall contain the is not required) stating that the project same sections specified for impact state will not affect the external environment ments in $ 6.32 in Subpart C of this part. and an impact statement is not required. Copies of $ 6.32 (or more detailed guid He will then forward the negative declaance when available) and a notice alert ration and other project documents to ing potential grantees and contractors of the appropriate decision official. the assessment requirements shall be in (c) Notice of intent and environmental cluded in all grant application kits, at- impact statement: tached to letters concerning the sub (1) If any of the projects discussed in mission of unsolicited proposals, and in paragraph (b) (1) of this section will cluded with all requests for proposals have a significant effect on the environ(RFP's) when such proposals are sole ment, the appropriate program official source.
will prepare a notice to the appropriate (b) Environmental review: The ap decision official for a determination on propriate program official will briefly re whether the project will be funded. If view all projects to determine which ones the project will be funded, the appropriwill affect the environment external to ate program official will commence prepthe laboratory or facility in which the aration of the draft impact statework will be performed. If the project ment. The appropriate program oficial, will not affect the external environ- through his National Environmental Research Center Director or Headquarters (1) "Intramural (in-house) project." Division Director, shall request the Re- A project undertaken with resources gional Administrator to assist him in the other than grant or contract funds. preparation and distribution of the state (2) "Extramural project." A project ment as specified in Subpart B of this undertaken with grant or contract funds. part.
(b) “Project Officer.” The individual (2) Before release to the Council on responsible for the technical direction Environmental Quality, all draft and and evaluation of a grantee's or contracfinal impact statements must be for tor's performance. warded through the appropriate National (c) "EIS-associated documents.” NoEnvironmental Research Center Director tice of intent, negative declarations, enor Headquarters Division Director to the vironmental appraisals, and news reProgram Management Division, Office of leases. Program Operations, Assistant Adminis- & 6.72 Applicability. trator for Research and Monitoring, for
This subpart applies to all air quality approval. (d) Negative declaration and environ
projects undertaken by the Office of the
Assistant Administrator for Air and mental impact appraisal: If the environ
Water Programs. The specific procedures mental review indicates that a project
to be followed for various project types discussed in paragraph (b) (1) of this section will not have any significant en
are set forth in 8 6.75 of this subpart. vironmental impacts, the appropriate 8 6.73 Responsibilities. program official shall prepare a negative (a) Responsible official. The "respondeclaration and environmental impact sible official" for actions covered by this appraisal and forward them to the ap subpart is the Deputy Assistant Adminpropriate decision official. If the project istrator for Air Quality Planning and is to be funded, the appropriate program Standards or the Deputy Assistant Adofficial will distribute the negative decla- ministrator for Mobile Source Air Polluration where practical as described in tion Control depending upon the specific $ 6.25 in Subpart B of this part.
action. The responsibilties of this "re(e) Project commencement: A con- sponsible official," in addition to those in tract or grant will not be awarded on an $ 6.14(a) of Subpart A of this part are: extramural project, nor an intramural (1) Insures that environmental assessproject begun, until a negative declara- ments are submitted, and that project tion has been issued or the thirty (30) officers conduct environmental reviews day waiting period after forwarding the on all projects, prepare impact statefinal impact statement to the CEQ has
ments and other EIS-associated docuexpired.
ments, and take such subsequent ac(f) The environmental impact state tions as are delegated to them by the ment process for the Office of Research
"responsible official." and Monitoring is shown graphically in
(2) When projects significantly afExhibit 8.
fect more than one regional office, are
highly controversial, are of national sigSubpart G-Guidelines for the Prep nificance, or "pioneer" Agency policy,
aration of Environmental Impact the Project Officer shall have the projStatements for Air Quality Projects
ect's continuation approved by the ap
propriate Deputy Assistant Administraand Activities
tor. $ 6.70 Purpose.
(3) Assists the Office of Federal Ac
tivities in coordinating the training of This subpart amplifies the general
personnel involved in the review and Agency policies and procedures described
preparation of impact statements and in Subparts A through D of this part by
other EIS-associated documents. providing detailed procedures for the (4) Advises the Assistant Administrapreparation of impact statements on air tor for Air and Water Programs conquality projects of the Office of Air and cerning projects which significantly afWater Programs.
fect more than one regional ofice, are $ 6.71 Definitions.
highly controversial, are of national sig.
nificance, or "pioneer" Agency policy, (a) "Project." This term will be used when the projects have had or should collectively for the three project types have had an environmental impact statebelow.
ment prepared on them.
(b) Assistant Administrator. The responsibilities of the Office of the Assistant Administrator as described in 8 6.14 (f) of Subpart A of this part shall be assumed by the Assistant Administrator for Air and Water Programs for Agency actions covered by this subpart.
(c) Regional Administrator. The responsibilities of the Regional Administrator with regard to air quality projects which affect his region will be to:
(1) Provide technical and administrative assistance in environmental reviews and in the preparation of impact statements.
(2) Advise the Project Officer and the appropriate Deputy Assistant Administrator of any projects which will significantly affect more than one regional office, are highly controversial, are of national significance, or "pioneer" Agency policy, when these projects have had or should have an environmental impact statement prepared on them. $ 6.74 Criteria for the preparation of en
vironmental assessments and impact
statements. (a) Assessment preparation criteria. Environmental assessments need not be submitted with all grant applications and contract proposals. The following sections describe those types of projects which will or will not require the submission of assessments with a grant application or contract proposal. In the case of competitive proposals, assessments need not be submitted by potential contractors even if the proposal is for a project type listed below because an impact statement or negative declaration and environmental appraisal must be prepared by the Agency before an RFP is issued.
(1) Project types requiring assessments. Any project not included below that will involve effects external to the facility in which the work will be performed (e.g., construction).
(2) Project types not requiring assessments. (1) Training activities, including but not limited to, smoke generating equipment used for the purpose of trainIng inspectors and other personnel in techniques for evaluating particulate emissions from plumes, and demonstration of emissions from incinerators.
(11) Projects not involving effects on the environment outside the laboratory or facility in which the work is being conducted.
(ii) Grants for planning, developing, establishing, improving, or maintaining programs for the prevention and control of air pollution.
(iv) Grants to help defray the air quality planning program costs for any interstate air quality control region.
(V) Routine source testing (e.g., instrumentation of a smoke stack).
(b) Impact statement preparation criteria. An environmental review shall be performed on all air quality projects of the Office of Air and Water Programs. The guidelines set forth in 6.20 of Subpart B of this part shall be utilized in determining whether an impact statement shall be prepared. 86.75 Procedures for preparation, dis
tribution, and review of EIS's and
other EIS-associated documents. (a) Environmental assessments. (1) Environmental assessments shall be submitted to the Agency as specified in $ 6.74 of this subpart. If there is a question concerning the need for an assessment, the potential contractor or grantee should consult with the Project Officer for the grant or contract.
(2) The assessment shall contain the same sections specified for impact statements in 8 6.32 of Subpart C of this part. Copies of $ 6.32 (or more detailed guidance when available) and a notice alerting potential grantees and contractors of the assessment requirements in $ 6.74 of this subpart shall be included in all grant application kits, attached to letters concerning the submission of unsolicited proposals, and included with all requests for proposals (RFP's).
(b) Environmental review. All projects, both those with and without assessments, shall be reviewed by the "responsible official” before a grant or contract is made on extramural projects or before commencement on Intramural projects. Projects involving an RFP shall be reviewed before release of the RFP.
(1) Projects requiring assessments or having effects external to a facility. On projects requiring an assessment or projects not requiring assessments that will affect the environment external to the facility in which the work will be performed, the "responsible official" shall coordinate the review with the Regional Administrator in whose region the project will be located. This coordinated review will include both an evaluation of any assessment submitted and an analysis of the need for an impact statement.
If either reviewer considers the assess- in Subparts A through D of this part by ment inadequate, steps shall be taken to providing detailed procedures for the have it modified to incorporate the rec- preparation of impact statements on ommendations of that reviewer. If either projects of the Office of Solid Waste reviewer determines that the project will Management Programs. have a significant environmental impact under the guidelines of $ 6.20 of Subpart
$ 6.81 Definitions. B of this part, an impact statement shall (a) "Project.” A discernible effort or be prepared.
activity to accomplish a specific objective (2) Other projects. On projects not or end result. requiring an assessment and not affect (1) "Intramural (in-house) project." ing the environment external to a facil. A project undertaken with resources ity, the “responsible official" will prepare other than grant or contract funds. a negative declaration (an environmental (2) "Extramural project." A project appraisal is not required) stating that undertaken with grant or contract funds. the project will have no environmental (b) "Project officer.” The individual effects external to the facility in which responsible for the technical direction the work will be performed.
and evaluation of a grantee's or con(c) Notice of intent and environmen tractor's performance. tal impact statement. (1) If any of the (c) "EIS-associated documents.” Noprojects reviewed in paragraph (b) (1) tices of intent, negative declarations, enof this section will have a significant vironmental appraisals, and news reimpact on the environment, the "respon
leases. sible official" will assure that a notice of
§ 6.82 Applicability. intent and a draft impact statement are prepared.
This subpart applies to all projects (2) The “responsible official” shall undertaken by the Office of Solid Waste also request the appropriate Regional Management Programs. The specific proAdministtrator to assist him in the prep cedures to be followed for various projaration and distribution of the environ ect types are set forth in $ 6.85 of this mental impact statement. Distribution subpart. will be as specified in Subpart B of this part.
§ 6.83 Responsibilities. (d) Negative declaration and environ- (a) Responsible official. The “responmental impact appraisal. If the environ
sible oficial” for Agency actions covered mental review indicates that a project
by this subpart is the Deputy Assistant discussed in paragraph (b) (1) of this
Administrator for Solid Waste Managesection will not have any significant en
ment Programs. The responsibilities of vironmental impacts, the "responsible
this "responsible official," in addition to official" will prepare a negative declara
those in $ 6.14(a) of Subpart A of this tion and environmental impact appraisal
part are: and, where practicable, distribute them
(1) Insure that environmental assessas described in 8 6.25 in Subpart B of
ments are submitted by appropriate this part. See paragraph (b) (2) of this
grant and contract applicants, and that section for the procedure to follow on other projects reviewed.
project officers conduct environmental
reviews on all projects and take such sub(e) Project commencement. A con
sequent actions as are delegated to them tract or grant will not be awarded on an extramural project, nor an intramural
by the "responsible official.” project begun, until a negative declara
(2) Assist the Office of Federal Action has been issued or the thirty (30)
tivities in coordinating the training of day waiting period after forwarding the personnel involved in the review and final impact statement to the CEQ has preparation of all EIS-associated docuexpired.
ments. Subpart H-Guidelines for the Prep
(3) Advise the Assistant Administra
tor for Categorical Programs concerning aration of Environmental Impact
projects which significantly affect more Statements for Solid Waste Projects
than one regional office, are highly conand Activities
troversial, are nationally significant, or $ 6.80 Purpose.
"pioneer" Agency policy. This subpart amplifies the general (b) Assistant Administrator. The reAgency policies and procedures described sponsibilities of the Office of the Assist