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(e) Negative declaration. If the re- has been developed by the applicant and gional personnel, after completion of the has been commented on by the State and environmental review, determine that the local clearinghouses pursuant to Office plan will not have a significant impact of Management and Budget Circular No. on the environment, or that neither of A-95. the conditions set forth in paragraphs (ii) When a number of separate grant (d) (1) and (2) of this section are met, a applications are being submitted in a negative declaration shall be prepared in fiscal year for treatment works that are accordance with the procedures in Sub- constituent parts of a larger system, repart B of this part.

gional personnel may delay approval of $ 6.56 Procedures for preparation of

plans and specifications for the various

treatment works until some or all of the impact statements for wastewater treatment works.

works and their assessments can be re

viewed together to allow the Agency to (a) General. (1) The States and their

properly evaluate the cumulative impact political subdivisions have primary re

of the individual works. The regional sponsibility for water pollution control.

personnel may also request environmenTreatment works generally are initiated

tal information from an applicant(s) on and designed by a community or a re- the cumulative environmental impacts of gional authority and submitted to the

the treatment works and alternatives to State for approval. The construction

them, if this information is not available grant program administered by the

in the applications, assessments, or Agency provides Federal financial assist

plan(s) encompassing the projects (see ance to any State, municipality, or inter

also $ 6.56(c)). municipal or interstate agency for the

(iii) As specified in $ 6.52(c) of this construction of treatment works. The in

subpart, ongoing projects must also be tent of this program is to assist the State

reviewed. If it appears that an impact and local entities in meeting their waste

statement may be required or that sufitreatment responsibilities.

cient environmental information is not (2) Although the Agency does not par- available to make a proper determinaticipate directly in the formulation of

tion, the grant applicant may be retreatment works proposals, it does pro

quested to submit an environmental asvide guidance to assure construction of

sessment which would provide the well-designed treatment works which

needed information. will meet water quality standards and

(2) Responsibility for preparation of other requirements. In addition, to sat- assessments—(1) Applicant's responsiisfy the requirements of the National En- bility. The applicant is responsible for vironmental Policy Act of 1969, the

preparing an adequate environmental Agency must determine if the proposed

assessment for a treatment works. treatment works will have a significant (ii) Regional offices. The regional perimpact upon the environment and, if so,

sonnel are responsible for the approval prepare and circulate an environmental

or disapproval of plans and specifications impact statement before awarding the

and the acceptance of an assessment. grant. This assures that environmental

Regional personnel shall review the apconsiderations are properly accounted plicant's assessment and determine the for in the final design.

reliability of the applicant's data and the (b) Environmental assessments and

adequacy of the alternatives discussed. public hearings.-(1) General. (i) Appli

This may involve field inspection of the cants for grants for treatment works

sites of proposed works. If the assessshall prepare an assessment and hold a

ment is used by the regional personnel in public hearing for each treatment works. The assessment and hearing record shall

developing an impact statement, the Rebe submitted prior to approval of plans,

gional Administrator must assume respecifications, and detailed design draw

sponsibility for the reliability and comings submitted for approval. The Re

prehensiveness of the data or analyses gional Administrator may in consultation

used. with the applicant determine that a sin

(3) Content of assessment. An appli. gle assessment and public hearing will cant's environmental assessment must suffice for a number of related treatment contain the following: works. The plans, specifications, and de- (i) A comparative evaluation of the tailed design drawings cannot be ap- major alternatives including the proproved unless an adequate assessment posed treatment works.

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(ii) Answers to the six questions out- mental review, the regional personnel lined in $ 6.32 (a) through (g). The must consider if the individual grant is questions in $ 6.32 (a), (b), (c), (e), and an irreversible element of the larger (f) must be answered for each alterna- works and if the potential cumulative tive and those in § 6.32 (d) and (g) must impacts of the elements comprising the be answered considering all of the larger works can be properly evaluated alternatives.

in a separate review of each treatment (iii) A complete description of how works. If the Regional Administrator dethe treatment works' design and con- termines that there may be significant struction controls will minimize the ad- impacts or that a broader environmental verse impact on all aspects of the envi- review is required, the applicant may ronment.

be requested to submit additional envi(4) Adequacy of assessment. If the ronmental data or analyses. The appliassessment is judged inadequate, the cant will be given formal written noapplicant shall be notified that the eval- tice of what additional material he must uation will be suspended until the defi- submit. ciencies are remedied in writing. The (d) Notice of intent and impact stateassessment will be used in the Agency's ment. If the environmental review deenvironmental review to determine if scribed in paragraph (c) of this section environmental factors are properly in- indicates a significant impact upon the corporated into the proposed treatment environment, the Regional Administraworks and to determine if an environ- tor shall issue a notice of intent and premental impact statement is required pare an impact statement on the pursuant to NEPA.

appropriate scale proposed action. No(5) Public hearing. The applicant shall tices of intent and impact statements submit with the assessment a record of shall be prepared and distributed in a public hearing held pursuant to $ 6.58 accordance with the procedures in subof this subpart. The public hearing part B. should be held concurrently with the (e) Negative declaration. If the redevelopment of the project design and gional personnel determine that the environmental assessment. The purpose project will not have a significant imof the hearing is to allow the public (en- pact on the environment, a negative vironmental/conservation groups, in- declaration and environmental impact dustries, and individuals) to assist the appraisal shall be prepared in accordance applicant in identifying valid environ- with the procedures in subpart B of this mental issues which must be considered part. in the treatment works development

§ 6.57 Content of environmental impact stage to avoid possible major modifica

statements. tions at a later date.

(c) Environmental review. An envi- (a) Environmental impact statements ronmental review must be conducted for for treatment works and water quality each treatment works in accordance management or areawide plans will folwith $ 6.20 of subpart B of this part and

low the format described in 8 6.32 of $ 6.54 of this subpart. These reviews must subpart C of this part. The individual be conducted as early as practicable in explanations in subpart C on the conthe grant review process but no later

tents of the various sections to be inthan prior to the approval of plans, cluded in the impact statement are also specifications, and detailed design draw- applicable. The following additional maings. The Regional Administrator is re

terial should be included where approsponsible for determining the proper priate. scope of the NEPA review; he is not nec- (b) The impact statement section essarily bound by the scope of the treat- entitled "Environmental Impact on the ment works defined in the application. Proposed Project or Plan” shall contain For example, when a grant application a description of the environmental imis for a constituent part of a larger pact that the proposed treatment works treatment works, the regional personnel or plan might have on the surrounding must also determine whether to conduct area. Both adverse and beneficial effects an environmental review on the larger need to be discussed. A brief summary works before deciding if plans and spec- of the results of pertinent studies, such ifications should be approved or an im- as the following, should be included: pact statement prepared. In deciding Topographic analyses (USGS maps); upon the need for a broader environ- soil surveys; maps showing aquiferrecharge areas; bedrock geology showing record shall contain, as a minimum, a list fault lines and any other pertinent geo- of witnesses together with the text of logical material; surface water hydro- each presentation and a statement that logic information with special emphasis the participants at the hearing were inupon low-flow and flood-flow conditions formed that one of the purposes of the and levels, assimilative capacity of the hearing is to discuss the environmental receiving stream to maintain water effects of the proposed treatment works quality standards or goals; potential and alternatives to it as required by the water reuse within the system and for Environmental Protection Agency. agricultural needs outside of the system; (b) Public notice. (1) The potential air, noise, and odor evaluations; aquatic grantee must provide adequate notice to and terrestrial wildlife and biological the public of the hearing. Adequate studies including wetland areas; effects notice shall be considered to include, upon areas of natural value and park at least thirty (30) days prior to the date lands; and relocation of people and of such hearing: compensation. Other factors which (1) Notice given to the public by adeshould be addressed, when pertinent, quate advertisement identifying the Include: The overall design and opera- works or plan, announcing the date, tional reliability of the treatment works time, and place of such hearing, and andescribed in the plan; proposed con- nouncing the availability of detailed instruction techniques; sludge processing formation on the proposed works or plan and disposal in relation to alternatives for public inspection at one or more loavailable; anticipated and potential cations in the area in which the works odors; reuse and recycling features; tree will be located. Detalled information clearing controls to be used; erosion shall include, as a minimum, a complete control during construction; and archi- description of the works or plan, cost tectural and landscaping proposals at and financing information, alternatives the project sites. (The above studies or to the proposed works or plan, a detailed factors are not listed in order of im- description of the effects of the works or portance.)

plan on land use, and a statement that (c) The impact statement section en- one of the purposes of the hearing is to titled, “Adverse Impacts Which Cannot discuss the potential environmental imbe Avoided Should the Proposal be Im- pacts of the works or plan and alternaplemented," shall consider the following tives to it. additional specific factors if pertinent:

(ii) Notification to the appropriate Wooded or wildlife habitat which will State and local agencies and to the apbe lost; stream or downstream impound- propriate State and metropolitan clear. ment; siltation resulting from construc- inghouses. tion; possible disruption of a natural,

(iii) Notification to interested environcultural, or historic setting at or near

mental and conservation action groups. the site; effects on general development (2) The potential grantee shall subof the area; and the impact of the mit with the record of the public hear. additional quantity of flows and associ- ing: (1) a copy of any advertisement pub. ated residual pollutants upon the re

lished, broadcast, or otherwise issued ceiving bodies of water.

pursuant to this section; (11) a list of

those notified; and (iii) a certification $ 6.58 Public hearing requirements. that the hearing was held in accordance

(a) General. A public hearing must be with the notification requirements of this held on all wastewater treatment works, section: except when the requirement for such a (c) Waiver of hearing on grant applihearing is waived by the Regional Ad- cations. A request to waive the hearing ministrator. A record of a public hearing on a grant application for a wastewater must always be included with an area- treatment works must be submitted in wide plan submitted to the Agency for writing prior to submission of the first approval and, when specifically re- grant application. Such requests will be quested by a Regional Administrator in acted upon promptly by the Regional writing, one must be held on a water Administrator. Requests must include s quality management plan. Neither plans, description of the works, the estimated specifications, and detailed design cost of the works, the area that will be drawings for the treatment works, nor serviced, and the reasons the grantee the areawide plan can be approved until feels a public hearing would not serve the the record of the hearing is received. The public interest. Waivers will, in general. only be granted for minor works such as vironmental appraisals, and news small additions, modifications to exist- releases. ing works, or cases where a hearing held

$ 6.62 Applicability, on a plan encompassing the works was

. sufficiently comprehensive to cover the (a) This subpart applies to all projects works in detail.

under the direction of the Assistant Ad

ministrator for Research and Monitoring $ 6.59 Project commencement.

with the partial exception of projects Plans, specifications, and detailed de- funded under the Federal Water Pollusign drawings cannot be approved until tion Control Act Amendments of 1972 (to a negative declaration has been prepared be called the Act). The specific proceor the thirty (30) day waiting period dures to be followed for various project after forwarding the final impact state- types are set forth in $ 6.65 of this ment to CEQ has expired. In addition, subpart. before plans and specifications can be (b) Except for those projects discussed approved, the proposed treatment works in the next paragraph, projects funded must be modified to conform with any under the Act are exempt from the comchanges suggested during the impact plete procedures set forth in $ 6.65. Howstatement process that the Agency deems ever, a brief environmental review will necessary.

be conducted by the appropriate proSubpart Guidelines for the Prep

gram oficial of all projects funded under

the Act and an environmental impact aration of Environmental Impact

statement voluntarily prepared by the Statements for Research and Mon- Agency when a project will have any of itoring Projects and Activities the adverse impacts discussed in $ 6.64

of this subpart. Assessments must be $ 6.60 Purpose.

submitted on these projects in accordThis subpart amplifies the general ance with the requirements of $ 6.65(a), Agency policies and procedures described but negative declarations and environin Subparts A through D by providing de- mental appraisals are not required. tailed procedures for the preparation of (c) Projects funded under the Act that impact statements on projects of the will result in construction of any wasteOffice of Research and Monitoring.

water treatment works or will result in $ 6.61 Definitions.

the introduction of pesticides, radioac

tive materials, or other hazardous sub(a) "Project." This term will be used

stances into the environment, shall not collectively for the three project types

be exempt from the complete procedures below.

set forth in $ 6.65 of this subpart. An (1) "Intramural (in house) project.”

EIS will be prepared if the project will A project undertaken with resources

have any of the significant environmenother than grant or contract funds.

tal impacts discussed in $ 6.64 of this (2) "Extramural project.” A project

subpart. undertaken with grant or contract funds. (3) "Demonstration project." A proj

$ 6.63 Responsibilities. ect which shows the applicability of a (a) Responsible official. The “responpiece of developed technology. It is a sible official” for Agency actions covered project which is carried out at or near by this subpart is the Assistant Adminisfull-scale and has a high probability of trator for Research and Monitoring. The success. A demonstration project is al- Assistant Administrator will delegate ways an extramural project.

most of the work to the appropriate pro(b) "Appropriate program official."

gram official. The responsibilities of the The official within the Office of Research

“responsible official,” in addition to those and Monitoring to whom the "responsible

in $ 6.14(a) of Subpart A of this part are: oficial" delegates most of the work re

(1) Insures that environmental aslated to compliance with NEPA. (c) "Decision official." The individual

sessments are submitted, and the apresponsible for determining if a project propriate program officials conduct will be funded. The assignment of this

environmental reviews, prepare impact role will vary according to task cost and statements and other EIS-associated delegation of authority.

documents, and take such subsequent (d) "EIS-associated documents.” No- actions as are delegated to them by the tice of Intent, negative declarations, en- “responsible official."

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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 poOfice 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.

(5) The project will include or induce controversial, are of national signifi

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

be found in 3 Environmental Reporter 8 6.64 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

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