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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

Regional Administrator in whose region $ 6.65 Procedures for preparation, dis

the project will be located. This coorditribution, and review of EIS's and other EIS-associated documents.

nated review will include both an evalua

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 8 6.64 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 official, will not affect the external environ- through his National Environmental Re

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search Center Director or Headquarters Division Director, shall request the Regional Administrator to assist him in the preparation and distribution of the statement as specified in Subpart B of this part.

(2) Before release to the Council on Environmental Quality, all draft and final impact statements must be forwarded through the appropriate National Environmental Research Center Director or Headquarters Division Director to the Program Management Division, Office of Program Operations, Assistant Administrator for Research and Monitoring, for approval.

(d) Negative declaration and environmental impact appraisal: If the environmental review indicates that a project discussed in paragraph (b) (1) of this section will not have any significant environmental impacts, the appropriate program official shall prepare a negative declaration and environmental impact appraisal and forward them to the appropriate decision official. If the project is to be funded, the appropriate program official will distribute the negative declaration where practical as described in $ 6.25 in Subpart B of this part.

(e) Project commencement: A contract or grant will not be awarded on an extramural project, nor an intramural project begun, until a negative declaration has been issued or the thirty (30) day waiting period after forwarding the final impact statement to the CEQ has expired.

(f) The environmental impact statement process for the Office of Research and Monitoring is shown graphically in Exhibit 8. Subpart G-Guidelines for the Prep

aration of Environmental Impact Statements for Air Quality Projects

and Activities $ 6.70 Purpose.

This subpart amplifies the general Agency policies and procedures described in Subparts A through D of this part by providing detailed procedures for the preparation of impact statements on air quality projects of the Office of Air and Water Programs. $ 6.71 Definitions.

(a) "Project." This term will be used collectively for the three project types below.

(1) “Intramural (in-house) project." A project undertaken with resources other than grant or contract funds.

(2) "Extramural project.” A project undertaken with grant or contract funds.

(b) “Project Officer.” The individual responsible for the technical direction and evaluation of a grantee's or contractor's performance.

(c) "EIS-associated documents.” Notice of intent, negative declarations, environmental appraisals, and news releases. 8 6.72 Applicability.

This subpart applies to all air quality projects undertaken by the Office of the Assistant Administrator for Air and Water Programs. The specific procedures to be followed for various project types are set forth in § 6.75 of this subpart. $ 6.73 Responsibilities.

(a) Responsible official. The "responsible official” for actions covered by this subpart is the Deputy Assistant Administrator for Air Quality Planning and Standards or the Deputy Assistant Administrator for Mobile Source Air Pollution Control depending upon the specific action. The responsibilties of this "responsible official," in addition to those in $ 6.14(a) of Subpart A of this part are:

(1) Insures that environmental assessments are submitted, and that project officers conduct environmental reviews on all projects, prepare impact statements and other EIS-associated documents, and take such subsequent actions as are delegated to them by the "responsible official.”

(2) When projects significantly affect more than one regional office, are highly controversial, are of national significance, or "pioneer" Agency policy, the Project Officer shall have the project's continuation approved by the appropriate Deputy Assistant Administrator.

(3) Assists the Office of Federal Activities in coordinating the training of personnel involved in the review and preparation of impact statements and other EIS-associated documents.

(4) Advises the Assistant Administrator for Air and Water Programs concerning projects which significantly affect more than one regional office, are highly controversial, are of national significance, or "pioneer" Agency policy, when the projects have had or should have had an environmental impact statement prepared on them.

(b) Assistant Administrator. The re- (iii) Grants for planning, developing, sponsibilities of the Office of the Assist- establishing, improving, or maintaining ant Administrator as described in 8 6.14 programs for the prevention and control (f) of Subpart A of this part shall be as- of air pollution. sumed by the Assistant Administrator (iv) Grants to help defray the air for Air and Water Programs for Agency

quality planning program costs for any actions covered by this subpart.

interstate air quality control region. (c) Regional Administrator. The re

(v) Routine source testing (e.g., insponsibilities of the Regional Adminis

strumentation of a smoke stack). trator with regard to air quality projects

(b) impact statement preparation criwhich affect his region will be to:

teria. An environmental review shall be (1) Provide technical and administra

performed on all air quality projects of

the Office of Air and Water Programs. tive assistance in environmental reviews and in the preparation of impact state

The guidelines set forth in $ 6.20 of Subments.

part B of this part shall be utilized in (2) Advise the Project Officer and the

determining whether an impact stateappropriate Deputy Assistant Adminis

ment shall be prepared. trator of any projects which will sig- $ 6.75 Procedures for preparation, disnificantly affect more than one regional tribution, and review of EIS's and office, are highly controversial, are of na- other EIS-associated documents. tional significance, or “pioneer" Agency

(a) Environmental assessments. (1) policy, when these projects have had or

Environmental assessments shall be subshould have an environmental impact

mitted to the Agency as specified in $ 6.74 statement prepared on them.

of this subpart. If there is a question $ 6.74 Criteria for the preparation of en.

concerning the need for an assessment, vironmental assessments and impact the potential contractor or grantee statements.

should consult with the Project Officer (a) Assessment preparation criteria.

for the grant or contract. Environmental assessments need not be

(2) The assessment shall contain the submitted with all grant applications

same sections specified for impact stateand contract proposals. The following

ments in $ 6.32 of Subpart C of this part. sections describe those types of projects

Copies of $ 6.32 (or more detailed guidwhich will or will not require the sub

ance when available) and a notice alertmission of assessments with a grant ap

ing potential grantees and contractors of plication or contract proposal. In the

the assessment requirements in $ 6.74 of

this subpart shall be included in all grant case of competitive proposals, assessments need not be submitted by potential

application kits, attached to letters concontractors even if the proposal is for a

cerning the submission of unsolicited project type listed below because an im

proposals, and included with all requests pact statement or negative declaration

for proposals (RFP's). and environmental appraisal must be

(b) Environmental review. All projects, prepared by the Agency before an RFP

both those with and without assessments, is issued.

shall be reviewed by the "responsible (1) Project types requiring assess

official” before a grant or contract is ments. Any project not included below

made on extramural projects or before that will involve effects external to the

commencement on intramural projects. facility in which the work will be per

Projects involving an RFP shall be reformed (e.g., construction).

viewed before release of the RFP. (2) Project types not requiring assess

(1) Projects requiring assessments or ments. (1) Training activities, including

having effects external to a facility. On but not limited to, smoke generating

projects requiring an assessment or proj

ects not requiring assessments that will equipment used for the purpose of train

affect the environment external to the ing Inspectors and other personnel in

facility in which the work will be pertechniques for evaluating particulate

formed, the “responsible official” shall emissions from plumes, and demonstra

coordinate the review with the Regional tion of emissions from incinerators. Administrator in whose region the proj

(1) Projects not involving effects on ect will be located. This coordinated rethe environment outside the laboratory view will include both an evaluation of or facility in which the work is being any assessment submitted and an analconducted.

ysis of the need for an impact statement.

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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

$ 6.81 Definitions. under the guidelines of $ 6.20 of Subpart 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 cfficer.” 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 "respon. mental 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 assess. as 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 (e) Project commencement. A con

reviews on all projects and take such subtract or grant will not be awarded on an

sequent actions as are delegated to them 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. aration of Environmental Impact

tor for Categorical Programs concerning Statements for Solid Waste Projects

projects which significantly affect more

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.

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ant Administrator as described in $ 6.14 (2) Contracts (1) Sole-source con(f) of Subpart A of this part shall be as- tract proposals. Before a sole-source consumed by the Assistant Administrator tract can be awarded, an environmental for Categorical Programs for Agency ac- assessment must be submitted with a bid tions covered by this subpart.

proposal for a contract which will in(c) Regional Administrator. The re- volve construction, land use (temporary sponsibilities of the Regional Adminis- or permanent), sea disposal, any distrator with regard to projects of the Of- charges into the air or water, or any fice of Solid Waste Management Pro- other activity that will directly or indigrams which affect his region will be to: rectly affect the environment external

(1) Assist the "responsible official" in to the facility in which the work will the project review by commenting on the be performed. Assessments will not genproject, the project application and the erally be required for contracts for applicant's environmental assessment. studies, investigations, or training. Among other things, the comments (ii) Competitive contract proposals. should identify those projects which will Assessments will not generally be resignificantly affect more than one re- quired on competitive contract proposals. gional office, are highly controversial, na- (b) Impact statement preparation critionally significant, or “pioneer” Agency teria. An environmental review shall be policy.

performed on those projects of the Office (2) Assist the “responsible official" in of Solid Waste Management Programs on the preparation and distribution of EIS- which an assessment is required or which associated documents.

may have effects on the environment ex

ternal to the facility in which the work $ 6.84 Criteria for the preparation of will be performed. The guidelines in environmental assessments and im.

$ 6.20 of Subpart B of this part shall be pact statements.

utilized in determining whether an im(a) Assessment preparation criteria. pact statement shall be prepared. Environmental assessments need not be

8 6.85

Procedures for preparation, dissubmitted with all grant applications and

tribution, and review of EIS's and contract proposals. The following sec

other EIS-associated documents. tions describe when an assessment is or

(a) Environmental assessment: is not required:

(1) Environmental assessments shall (1) Grants-(i) Demonstration Proj

be submitted to the Agency as specified ects. Environmental assessments must be

in $ 6.84 of this subpart. If there is a submitted with all applications for dem

question concerning the need for an asonstration grants that will involve con

sessment, the potential contractor or struction, land use (temporary or per- grantee should consult with the appromanent), transport, sea disposal, any priate project officer for the grant or discharges into the air or water, or any contract. other activity having any direct or indi- (2) The assessment shall contain the rect effects on the environment external same sections specified for impact stateto the facility in which the work will be ments in 8 6.32 in Subpart C of this part. conducted. Pre-application proposals for Copies of $ 6.32 (or more detailed guidsuch grants will not require environ- ance when available) and a notice alertmental assessments.

ing potential grantees and contractors (ii) Studies and investigations. Grant of the assessment requirements in § 6.84 applications for studies and investiga- of this subpart shall be included in all tions will not require assessments.

grant application kits, attached to let(iii) Training. Grant applications for ters concerning the submission of untraining of personnel will not require solicited proposals, and included with all assessments.

requests for proposals (RFP's). (iv) Plans. Grant applications for the (b) Environmental review: An envidevelopment of comprehensive State, ronmental review will be conducted on all interstate, or local solid waste manage- projects which require assessments or ment plans will not require environ- which will affect the environment exmental assessments. A detailed analysis ternal to the facility in which the work of environmental problems and effects will be performed. This review must be should be part of the planning process, conducted before a grant or contract however.

award is made on extramural projects

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