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(g) A discussion of problems and ob- (2) Notification to the appropriate jections raised by other Federal, State, State and local agencies and to the apand local agencies and by interested per- propriate State and metropolitan clearsons in this review process. Final state- inghouses. ments (and draft statements if appropri- (3) Notification to interested persons. ate) shall summarize the comments and (c) A written record of the hearing suggestions made by reviewing organi- shall be made. As a minimum, the reczations and shall describe the disposition ord shall contain a list of witnesses toof issues surfaced (e.g., revisions to the gether with the text of each presentation. proposed action to mitigate anticipated Generally, a stenographer should be impacts or objections). In particular, used. A summary of the record, including they shall address in detail the major the issues raised, conflicts resolved and issues raised when the Agency position unresolved, and any other significant is at variance with recommendations and portions of the record, shall be appended objections (e.g., reasons specific com- to the final impact statement. ments and suggestions could not be ac- (d) When a public hearing has been cepted, and factors of overriding im- held by another Federal, State, or local portance prohibiting the incorporation agency on an Agency action, additional of suggestions). Reviewer's statements hearings need not necessarily ensue. The should be set forth in a "comment” and “responsible official" shall decide if addidiscussed in a "response.” In addition, tional hearings are required. the source of all comments should be (e) When a program office is the origclearly identified and copies of the com- inating office, the appropriate regional ments should be attached to the final office will provide assistance to the origstatement.
inating office in holding any public hear
ing if assistance is requested. Subpart D-Public Participation
8 6.42 Comments on draft and final $ 6.40 General.
statements. Public participation is an integral part
(a) Draft impact statements and neg. of the Agency planning process. It con
ative declarations shall be made availsists of continuous, two-way communication keeping the public fully informed
able to the public to assure the fullest about the status and progress of studies
practical provision of timely public inand findings, and actively soliciting
formation and understanding of Federal comments from all concerned and af
plans and programs. In addition, public fected groups and individuals.
hearings, notices of intent, and press
releases will be employed by the Agency $ 6.41 Public hearings.
to ensure adequate public involvement. (a) Public hearings on draft impact (b) Final environmental impact statestatements shall be held when the “re- ments shall be furnished to all interested sponsible official" determines that a pub- persons which submitted written comlic hearing would facilitate the resolution ments on the draft impact statement. of conflict or significant public contro
This is to enable public organizations to versy.
comment on the final statement to the (b) When public hearings are to be Agency or the Council on Environmental held, the Agency must notify the public Quality, if they so desire, within the of the hearing immediately after distri- thirty (30) calendar day period prior to bution of the draft statement. This public Agency administrative action on the notification must include at least fifteen proposal. (15) days prior to the date of such hear
$ 6.43 Availability of documents. ing: (1) Notification to the public by ade
(a) Draft and final environmental quate advertisement identifying the
impact statements, negative declaraproject, announcing the date, time, and
tions, and environmental impact applace of such hearing, and announcing
praisals shall be made available for the availability of detailed information
public review at the following locations: on the proposed project for public in
(1) The originating office. spection at one or more locations in the
(2) The Office of Public Affairs for area in which the project will be located. draft and final impact statements only. "Detailed information” shall include a (b) The Agency will endeavor to print copy of the project application and the sufficient copies of draft and final endraft environmental impact statement. vironmental impact statements to meet anticipated demand. A nominal fee may prepared for each such works found to be charged for copies requested by the have a significant impact in accordance public. If, however, demand is greater with $ 6.54 of this subpart. The grantee than anticipated and copies of state- must be promptly notified in writing of ments are not available from the Agency the decision to prepare an impact originating office, copies can be obtained statement. from the National Technical Informa- (2) On such works, either all or a portion Service, Department of Commerce, tion of the project work may be stopped Springfield, Va. 22151.
by the Regional Administrator pending
completion of the statement, if he deSubpart E-Guidelines for Prepara
termines that a work stoppage is wartion of Environmental Impact State- ranted, to reduce the risk of incurring ments for Wastewater Treatment substantial additional costs for work Works and Associated Pians which the impact statement may indicate
will have to be abandoned or substan$ 6.50 Purpose.
tially changed. The Regional AdministraThis subpart amplifies the general EPA tor may request a written statement from policies and procedures described in Sub- the grantee to assist him in making this parts A through D of this part by pro- decision. The statement should include: viding detailed procedures for the prep- A list of what work should and should aration of impact statements on waste- not continue; a discussion of potential water treatment works and associated changes the impact statement might plans (areawide and water quality recommend in the work discussed in the management).
above list; and the reasons why the work
in question should or should not continue. $ 6.51 Definitions.
Upon a determination of partial or com(a) "Responsible official.” The “re- plete work stoppage by the Regional sponsible official” for impact statements Administrator, the appropriate grant acprepared on wastewater treatment works tion would be the issuance of a stop-work and areawide and water quality manage- order to suspend work or a bilateral ment plans is the Regional Administra- agreement to suspend project work, tor.
effected through a grant amendment, or (b) "EIS-associated documents.” No- in some cases, the issuance of a terminatices of intent, negative declarations, tion notice. environmental appraisals, and news
8 6.53 Responsibilities. releases.
(a) Responsible official. The “respon$ 6.52 Applicability.
sible official” for Agency actions covered (a) Actions covered. These guidelines by this subpart is the Regional Adminisapply to new grants for wastewater trator. The responsibilities of the Retreatment works, to grants for waste- gional Administrator in addition to those water treatment works that were in § 6.14(a) of Subpart A of this part are awarded prior to the promulgation of to: these guidelines and meet the conditions (1) Assist the Office of Federal Activispecified in paragraph (c) of this section, ties in coordinating the training of perand areawide and water quality manage- sonnel involved in the review and prepament plans.
ration of impact statements and other (b) Actions excluded. These guidelines EIS-associated documents. do not apply to:
(2) Require of grant applicants and (1) Program grant awards to State those who have submitted plans for apand interstate agencies.
proval, the information the regional of(2) Training grants and contracts. fice requires to comply with these guide
(c) Retroactive application. (1) This lines. subpart shall be applied to ongoing (3) Consult with the Office of Fedwastewater treatment works for which eral Activities concerning works or plans grant awards were made prior to the which significantly affect more than one promulgation of these guidelines when regional office, are highly controversial, substantial funds have not been released are of national significance or "pioneer" and modifications or alternatives to the Agency policy when these works have project are still available. The Regional had or should have had an environAdministrator shall ensure that an en- mental impact statement prepared on vironmental impact statement shall be them.
(b) Assistant Administrator. The re- of land use regulations in the affected sponsibilities of the Ofice of the Assist- area and their potential effects on the ant Administrator, as described in $ 6.14 development. (f) of Subpart A of this part, shall be (b) The works or plan will result in assumed by the Assistant Administra- a significant displacement of population. tor for Air and Water Programs for (c) The works or plan will have sig. Agency actions covered by this subpart. nificant adverse imparts on public parks
(c) Water Quality and Non-Point or other areas of recognized scenic or Source Control Division, Office of Water recreational value. Programs Operations. Coordinates all (d) The works or plan will have sig. activities and responsibilities of the Of- nificant adverse impacts on areas of recfice of Water Programs Operations con- ognized archeological value or properties cerned with preparation and review of listed in or being considered for nominaenvironmental impact statements. This tion to the National Register of Historiincludes providing technical assistance cal Places to the Regional Administrators on im- (e) The works or plan will significantly pact statements and assisting the Office deface an existing residential area. of Federal Activities in coordinating the (f) The works or plan will include or training of personnel involved in the re- induce development which will have a view and preparation of impact state- significant adverse effect upon local amments.
bient air quality, local ambient noise (d) Public Affairs Division, Regional levels, surface or groundwater quality, Ofices. The responsibilities of the re- fish, wildlife, their natural habitats, or gions' Public Affairs Division in addition other natural elements. to those in $ 6.14(d) of Subpart A of this (g) The works or plan involves a sig. part are to:
nificant diversion of efiluent from one (1) Assist the Regional Administrator basin to another (or to the ocean) and in the preparation and dissemination of the diversion will adversely affect the negative declarations, notices of intent, quality or quantity of the water in a press releases, and other public notices. basin.
(2) Collaborate with the Headquar- (h) The treated effluent is being disters Omce of Public Affairs to analyze charged into a body of water where the procedures in the regions for public par- present classification is being challenged ticipation and to develop and recommend as too low to protect present uses, and to the Office of Federal Activities a pro- the eñuent will not be of sufficient qualgram to improve those procedures.
ity to meet the requirements of such uses. 8 6.54 Criteria for preparation of envi.
(i) The environmental impact of the ronmental impact statements.
works or plan is highly controversial
based on environmental issues raised by The Regional Administrator will as
a party or parties with recognized legal sure that an impact statement will be
standing as defined in Sierra Club v. prepared for treatment works and plans
Morton, 92 S.Ct. 1361 (Apr. 19, 1972), (See additional conditions for plans in
which can be found in 3 Environment $ 6.55(d)) when:
Reporter Cases (ERC) 2039. (a) The treatment works will induce or encourage significant changes in in
8 6.55 Procedures for preparation of dustrial, commercial, or residential con
impact statements for plans. centrations or distributions, the effects (a) General. (1) Areawide waste of which are not adequately reflected in treatment management plans set forth an impact statement on the water qual- in Section 208 of the Federal Water Polity management or areawide plans en- lution Control Act Amendments of 1972 compassing the works. Factors that must
will be required pursuant to 40 CFR Part be considered in determining if induced 35. A ide plans must be certified by changes are significant include but are the Governor or his designee and apnot limited to: the land area subject to proved by the Administrator. Once a plan increased development as a result of the
is approved, the Administrator shall not treatment works; the relative increase make any grant for construction of a in population which may be induced;
publicly owned treatment works except the potential for overloading sewage fa- for a works in conformity with this plan. cilities; the extent to which landowners (2) Until areawide plans are develmay benefit from the areas subject to oped, other plans will be required purincreased development; and the nature suant to Part 35 of this chapter.
(b) Environmental assessment and (5) Adequacy of assessment. If the enpublic hearing. (1) General. An environ- vironmental assessment incorporated in mental assessment must be included as the plan is judged inadequate, further an integral part of any plans submitted consideration of the request for approval for approval pursuant to Part 35 of this of the plan must be deferred until the chapter. In addition, a record of a public deficiencies are remedied in writing. hearing must be submitted with such (6) Public hearing. A record of a pubplans. The Regional Administrator may lic hearing on the plan must be submitalso require a grant applicant to submit ted with any plan required pursuant to an assessment and record of public hear- paragraph (b) (1) of this section. Hearing for any water quality management ing requirements are set forth in 8 6.58 planning that he considers relevant to of this subpart. The hearing should be a proposed wastewater treatment works. held before the plan is finalized so that Failure to satisfy any of these require
the public can assist the planning agency ments will justify & refusal by the Re- in identifying valid environmental issues gional Administrator to approve plans
while the plan is being formulated. and specifications for treatment works.
(c) Environmental review. The Agency (2) The environmental assessment must
will review, in accordance with $ 6.20 of be included as an integral part of the
Subpart B and $ 6.54 of this subpart, all plan whether or not Federal technical
plans submitted for approval or plans on or financial assistance was utilized in the
which assessments were requested, to dedevelopment of the plan. The assessment
termine if they will have any significant of alternatives must include as a mini
impacts on the environment. If the Remum those items listed in paragraph (b)
gional Administrator determines that (4) of this section. A separate summary
there may be such impacts, the applicant of the assessment incorporated in the
may be requested to submit additional plan may be requested by regional
environmental data or analyses. The appersonnel.
plicant will be given written notice of (3) Responsibility for the environ
what additional material he must submental assessment. The planning agency
mit under these circumstances.
(d) Notice of intent and impact stateresponsible for developing the required
ment. If the environmental review indiplans shall include as part of the plan an environmental assessment of all fea
cates a significant impact on the envisible alternative water quality manage
ronment and if either of the following ment strategies. Prior to acceptance of
conditions is met, the Regional Admin
istrator shall issue a notice of intent and the plan, regional personnel shall review the plan and record of public hearing to
prepare an impact statement on the plan
in accordance with the procedures in assure that environmental matters have
Subpart B of this part: been properly considered. If any of the data or analyses in the plan are used by
(1) If the impacts are such that they
cannot be adequately treated on the regional personnel in developing an
smaller scale than that of the plan, e.g., impact statement, the Regional Admin
diversion of water from one river basın istrator must assume responsibility for
to another, or gradual depletion of the the reliability and comprehensiveness of
groundwater aquifer over a large area the data or analyses used.
because of discharge of the efiuent (4) Content of assessment incorpo
through ocean outfalls rather than using rated in the plan. In assessing the envi
it to recharge the aquifer; ronmental impacts of alternative water
(2) If the plan is sufficiently detailed quality management strategies, the State to permit at least partial environmental or local agency responsible for develop- analysis of most of the treatment works ing the plan shall as a minimum address encompassed by it, thus minimizing in writing the questions outlined in the either the number of impact statements National Environmental Policy Act. The
that may have to be written on individquestions are amplified in $ 6.32 of Sub
ual works in the planning area at a later part of this part, paragraphs (a)
date or reducing the amount of effort
that would have to be expended in prethrough (g). The questions in $ 6.32 (a),
paring such statements at a later date. (b), (c), (e), and (f) must be answered
Notices of intent and impact statefor each alternative strategy and those
ments shall be prepared and distributed in § 6.32 (d) and (g) must be answered in accordance with the procedures in considering all the alternatives.
Subpart B of this part. 97-025—73
prior to taking action (see Exhibit 4). the April 23, 1971, Council on EnvironAn environmental impact appraisal sup- mental Quality's Guidelines. The format porting the negative declaration shall be is shown in Exhibit 7. prepared for those cases specified in the
Body of statement. subparts following Subpart D of this part, as determined by the "responsible off- The body of the impact statement shall cial." The appraisal (see Exhibit 5) de- contain seven sections. Each shall idenscribes the proposed activity and its ef- tify, develop, and analyze the pertinent fects, and documents the reasons for issues. Impact statements shall not be concluding that there will be no signifi- justification documents for proposed cant impact. This appraisal shall re- Agency funding or actions. Rather, they main with internal records for the activ- shall be objective evaluations of actions ity or action, and shall be available for and their alternatives in light of all public inspection.
environmental considerations. Environ(b) Specific actions. The following mental impact statements shall be specific actions should be taken on those prepared using a systematic, interdisciprojects on which both a negative decla- plinary approach. Statements shall inration and appraisal were prepared. Cir- corporate all relevant analytical disciculation of a negative declaration on a plines and shall provide meaningful and project for which no appraisal is re
factual data, information, and analyses. quired is unnecessary.
The presentation should be simple and (1) Negative declaration. (1) When concise, yet include all facts necessary to the review process indicates that there permit independent evaluation and apwill not be a significant impact, prepare
praisal of the beneficial and adverse ena negative declaration soon vironmental effects of alternative actions. practicable.
To the extent possible, statements shall (ii) The negative declaration shall be not be drafted in a style which requires distributed in the same fashion as the
extensive scientific or technical expertise notice of intent, except that copies shall to comprehend and evaluate the environbe sent only when practicable to inter
mental impact of an Agency action. ested persons.
(a) Description of the proposed action. (iii) Where practicable, submit to the Describe the recommended or proposed local newspapers and other appropriate action, its purpose, where it is located, media a brief news release (see Exhibit its time setting, and its interrelationship 3) informing the public that an impact
with other projects or proposals. To prestatement will not be prepared on a par- vent piecemeal decisionmaking, the projticular project.
ect shall be described in as broad a con(2) Environmental impact appraisal. text as possible. The relationship to other (1) Have the appraisal available when projects and proposals shall be discussed, the negative declaration is distributed. including not only other Agency activi
(ii) Forward a copy to the Head- ties, but also those of other Governquarters impact statement coordinator mental and private organizations. Defor the program office originating the velopment and population trends in the statement. (Not applicable to regional project area shall also be included. Maps, offices.)
photos, and artist sketches should be in(iii) Have copies on file in the orig- corporated where they help depict the inating office for public inspection upon environmental setting. If not enclosed, request.
supporting references and documents
should be identified. The statement Subpart C—Content of Environmental
should also indicate how such documents Impact Statements
may be obtained. 6.30 Cover sheet.
(b) Environmental impact of the pro
posed action. (1) Describe the primary The cover sheet shall indicate the type
and secondary environmental impacts, of statement (draft or final), the official
both beneficial and adverse, anticipated project name, the responsible Agency
from the action. The scope of the descripoffice, the date, and the signature of the
tion shall include both short- and longresponsible official. The format is shown
term impacts. It shall include specifics on in Exhibit 6.
the area, the resources involved, physical 8 6.31 Summary sheet.
changes, alterations to ecological systems, The summary sheet shall conform to and changes induced by the proposed acthe format prescribed in Appendix 1 of tion in population distribution, popula