schedule, shall accompany completed applications (except in the case of waiver requests as described in § 5.7). All applicants, other than Federal agency personnel, shall make payment by check payable to the order of the Environmental

Protection Agency. Federal agency applicants shaii submit a letter identifying the agency and office to be billed, the agency order number, and any code numbers or other information necessary for billing purposes. § 5.6 Refunds.

An applicant may withdraw his application and receive full reimbursement of his fee provided that he notifies the appropriate registration office in writing no later than 10 days before commencement of the course for which he has registered.

§ 5.7 Waiver of fee.

EPA may waive the fee requirement for applicants when such a waiver is in the best interests of the Government. Request for waiver shall be sent to the appropriate registration office, along with the completed application. The request should be made in writing, setting forth: (a) Name, title, and business address of applicant, (b) course title and commencement date, (c) relation of current job to training desired, and (d) justification for waiver of the tuition fee. A request for waiver shall be submitted no later than 45 days before commencement of the course.

Criteria for the preparation of environmental impact statements.

6.65 Procedures for preparation, distribution, and review of EIS's and other EIS-associated documents.

Subpart G-Guidelines for the Preparation of Environmental Impact Statements for Air Quality Projects and Activities

6.70

6.71

Purpose.

Definitions.

6.72 Applicability.

6.73 Responsibilities.

6.74 Criteria for the preparation of environmental assessments and impact statements.

6.75 Procedures for preparation, distribution, and review of EIS's and other EIS-associated documents.

Subpart H-Guidelines for the Preparation of Environmental Impact Statements for Solid Waste Projects and Activities

Purpose. Definitions.

6.80

6.81

6.82 Applicability.

6.83

Responsibilities.

2 (page 1.) Notice of Intent Transmittal Memorandum Suggested Format.

2 (page 2.) Notice of Intent Suggested Format.

3 News Release Suggested Format.

4 Negative Declaration Suggested Format. 5 Environmental Impact Appraisal Suggested Format.

6 Cover Sheet Format for Environmental Impact Statements.

7 Summary Sheet Format for Environmental Impact Statements.

8 Flowchart for OR&M.

9 Flowchart for OSWMP.

AUTHORITY: Secs. 102, 103, 83 Stat. 854. SOURCE: 38 FR 1696, Jan. 17, 1973, unless otherwise noted.

(a) The National Environmental Policy Act of 1969, implemented by Executive Order 11514 and the Council on Environmental Quality's Guidelines of April 23, 1971 (36 FR 7724), requires that all agencies of the Federal Government prepare detailed environmental statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. The objective of the Act is to build into the agency decisionmaking process an appropriate and careful consideration of all environmental aspects of proposed actions.

(b) This part establishes Environmental Protection Agency policy and procedures for the identification and analysis of the environmental impact of Agency

(a) "Environmental assessment” is a written analysis submitted to the Agency by its grantees or contractors describing the environmental impacts of actions undertaken with the financial support of the Agency.

(b) "Environmental review" is a formal evaluation undertaken by the Agency to determine whether a proposed Agency action may have a significant impact on the environment.

(c) "Notice of intent" is a memorandum announcing to Federal, State, and local agencies, and to interested persons, that a draft environmental impact statement will be prepared and processed.

(d) "Environmental impact statement" is a report, prepared by the Agency, which identifies and analyzes in detail the environmental impacts of an Agency action.

(e) "Negative declaration" is a written announcement, prepared subsequent to the environmental review, which states the Agency has decided not to prepare an environmental impact statement.

(f) "Environmental impact appraisal" is an abbreviated document, based on an environmental review, which supports a negative declaration. It describes a proposed Agency action, its expected environmental impact, and the basis for the conclusion that no significant impact is anticipated.

(g) "Responsible official" will usually be either a Regional Administrator or a Deputy Assistant Administrator. He is responsible for assuring that environmental reviews are conducted and, if necessary, that environmental impact statements and other associated documents are prepared. "Responsible officials" are identified for the various Agency program offices in the subparts following Subpart D.

(h) "Interested persons" are individuals, groups, organizations, corporations, or other nongovernmental units, including an applicant for an Agency contract or grant and conservation groups, who may be interested in, affected by, or technically competent to comment on the environmental impact of the proposed Agency action.

§ 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 significant 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.

(6) Advises the Administrator and Deputy Administrator on projects 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.

(c) Office of Public Affairs. (1) Assists the Office of Federal Activities and "responsible officials" by answering the public's queries on the impact statement process and on specific impact state

ents, and by directing requests for

copies of specific documents to the appropriate 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).

Subpart B-Procedures

§ 6.20 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