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or before project commencement on intramural projects. The guidelines in § 6.20 of Subpart B will be utilized in determining if the project will have a significant environmental effect. This review will include an evaluation of the assessment by both the "responsible official" and the appropriate Regional Administrator. The Regional Administrator's comments will include his recommendations on the need for an environmental impact statement. No detailed review or documentation is required on projects not requiring an assessment and not affecting the environment external to a facility, other than this determination.

(c) Notice of intent and environmental impact statement: If the project will have a significant impact on the environment, the "responsible official" will assure that a notice of intent and a draft impact statement are prepared. The "responsible official" shall request the appropriate Regional Administrator to assist him in the distribution of the environmental impact statement and other EIS-associated documents. Distribution will be as specified in Subpart B.

(d) Negative declaration and environmental impact appraisal: If the environmental review indicates that there will not be any significant environmental impacts, the "responsible official" will assure that a negative declaration and environmental impact appraisal are prepared. These documents need not be prepared for projects not requiring an environmental review.

(e) Project commencement: A project or grant will not be awarded on an extramural project, nor an intramural project begun, until a negative declaration has been issued (if one is required) 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 Solid Waste Management Programs is shown graphically in Exhibit 9.

Subpart -Guidelines for the Preparation of Environmental Impact Statements for Construction of Special Purpose Facilities and Facility Renovations

§ 6.90 Purpose.

This subpart amplifies the general Agency policies and procedures described

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(a) "Special purpose facility." A building or space, including land incidential to the use thereof, which is wholly or predominantly utilized for the special purpose of an agency and not generally suitable for use for other purposes, as determined by the General Services Administration.

(b) "Program of requirements.” A comprehensive document (booklet) describing program activities to be accomplished in the new special purpose facility or improvement. It includes architectural, mechanical, structural, and space requirements.

(c) "Scope of work." A document similar in content to the program of requirements but substantially abbreviated. It is usually prepared for small-scale projects.

§ 6.92 Applicability.

(a) Actions covered. These guidelines apply to all new special purpose facility construction, activities related to such construction (e.g., site acquisition and clearing), and any improvements or modifications to such facilities having potential environmental effects external to the facility. This includes new construction and improvements undertaken and funded by the Facilities Management Branch, Data and Support Systems Division, Office of Administration; by a regional office; or by a National Environmental Research Center.

(b) Actions excluded. This appendix does not apply to those activities of the Facilities Management Branch, Data and Support Systems Division, for which the branch does not have full fiscal responsibility for the entire project. This includes pilot plant construction, land acquisition, site clearing, and access road construction where the Facilities Management Branch's activity is only supporting a project financed by a program office. Responsibility for considering the environmental impacts of such projects rests with the office managing and funding the entire project. Other subparts of this regulation would apply depending on the nature of the project.

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(a) Responsible official: The "responsible official" for new construction and modification of special purpose facilities is as follows:

(1) The Chief, Facilities Management Branch, Data and Support Systems Division, shall be the responsible official on all new construction of special purpose facilities and on all improvement and modification projects for which the Facilities Management Branch has received a funding allowance.

(2) The Regional Administrator shall be the responsible official on all improvement and modification projects for which the regional office has received the funding allowance.

(3) The Center Director shall be the responsible official on all improvement and modification projects for which National Environmental Research Centers have received the funding allowance.

(b) The responsibilities of the responsible officials specified above, in addition to those in § 6.14(a) of subpart A of this part, are as follows:

(1) Ensure that environmental assessments are submitted when requested, that environmental reviews are conducted on all projects, and impact statements are prepared and circulated when there will be significant impacts.

(2) Assist 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.

§ 6.94 Criteria for the preparation of environmental assessments and impact statements.

(a) Assessment preparation criteria. An environmental assessment may be requested of a construction contractor or consulting architect/engineer employed by the Agency if they are involved in the planning or construction of special purpose facilities or in modifications to such facilities having potential environmental effects external to the facility. Such modifications include but are not limited to: Facility additions, changes in central heating systems or wastewater treatment systems, and land clearing for access roads and parking lots.

(b) Impact statement preparation criteria. An environmental review shall be performed on all actions involving construction of special purpose facilities and

on improvements to such facilities. The guidelines set forth in § 6.20 of subpart B of this part shall be utilized to determine whether an impact statement shall be prepared.

$ 6.95 Procedures for preparation, distribution, and review of EIS's and other EIS-associated documents.

(a) Environmental review and assessment. (1) An environmental review shall be conducted when the program of requirements or scope of work has been completed for the construction, improvement, or modification of special purpose facilities. For special purpose facility construction, the Chief, Facilities Management Branch, shall request the assistance of the appropriate program office and Regional Administrator in the review. For modifications and improvements, the appropriate responsible official shall request assistance in making the review from other cognizant Agency components.

(2) If construction contractors or consulting architect/engineers are involved, the responsible official may require them to submit an environmental assessment which will be used in the environmental review. The assessment shall contain the same sections specified for impact statements in § 6.32 of subpart C of this part. Contractors and consultants shall be notified in the appropriate contractual documents of this possibility.

(b) Notice of intent, environmental impact statement, and negative declaration. The responsible official shall decide at the completion of the environmental review whether there will be any significant environmental impacts. If there will be significant environmental impacts, a notice of intent and an environmental impact statement shall be prepared in accordance with the procedures outlined in § 6.22 of subpart B. If there will not be any significant environmental impacts, a negative declaration and environmental impact appraisal shall be prepared in accordance with the procedures outlined in § 6.25 of subpart B of this part.

(c) Project commencement. No construction or related activities can begin until a negative declaration has been issued and an environmental appraisal prepared or the thirty (30) day waiting period after forwarding the final impact statement to the Council on Environmental Quality has expired.

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no action taken until 90 calendar days after release of draft statement and 30 calendar days after release of final statement

1. Applicant submits environmental assessment and other available data.

2. Agency performs environmental review at the earliest possible point in the development of the proposed action, decides if an EIS is required, prepares an EIS if the project will have a significant impact or if the project's impact is likely to be highly controversial.

3. Where required prepare environmental impact appraisal.

4. Prepare and where practicable circulate negative declaration to Federal, State and local agencies, interested persons, local newspapers, and other media.

5. File impact appraisal, negative declaration, and other supportive documents inhouse. (Available for public inspection)

6. Receive and evaluate comments. 7. Change decision if necessary.

8. Administrative action.

9. Prepare notice of intent.

10. Circulate notice of intent.

a. Regional interests.

b. Office of Federal Activities.

c. Appropriate headquarters program of

fice EIS coordinator.

d. Office of Public Affairs.

e. Office of Legislation.

f. Federal agencies.

g. State and local agencies, appropriate State, regional and metropolitan clearinghouses.

h. Interested persons.

1. Newspapers and other media as appropriate.

11. Prepare preliminary draft environmental impact statement and summary sheet (optional).

a. Description of the proposed action. b. Environmental impact of the proposed action.

c. Adverse effects which cannot be avoided should the proposal be implemented.

d. Alternatives to the proposed action. e. Relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity.

f. Irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

g. A discussion of problems and objections raised by other Federal, State and local agencles, and by private organizations and individuals to date.

12. Coordinate internally for review and comment with appropriate headquarters and regional elements (optional).

18. Evaluate comments and revise draft accordingly.

14. Notify OFA and appropriate headquarters program office EIS coordinator of intent to release draft.

15. Submit draft for review.

8. OFA (2 cys.).

b. Appropriate headquarters program office EIS coordinator (2 cys.).

16. Consider comments and revise draft accordingly.

17. Prepare transmittal letter with responsible official's signature.

18. Submit news release to local newspapers and other media (1 cy.).

19. Distribute draft and transmittal letter externally for review and comments.

a. Council on environmental quality (10 cys. and 2 NTIS accession notice cards). b. Notify Office of Legislation of release (cys. as needed).

c. Notify Office of Public Affairs of release (2 cys.).

d. Field offices of appropriate Federal agencies (2 cys.).

e. Appropriate State and local agencies; appropriate State and metropolitan clearinghouses (2 cys.).

f. Interested persons (1 cy.).

g. Forward summary sheet to OMB-OMSC (2 cys.).

aa. Regional interests.

bb. Public Affairs Division if prepared in region (copies as needed).

cc. OFA (2 cys.).

dd. Appropriate headquarters program office EIS coordinator (2 cys.).

20. Determine need for public hearing.
21. Circulate public notice.
22. Conduct public hearing.

23. Review and evaluate suggestions, criticisms and comments received and reexamine the proposed course of action and alternatives. Include evaluation of comments generated at public hearing (if held).

24. Prepare final environmental impact statement.

25. Submit news release to local newspapers and other media (1 cy.).

26. Distribute final to interests submitting comments on the draft (1 cy.).

a. Council on Environmental Quality (10 cys. and 2 NTIS accession notice cards). b. Notify Office of Legislation of release (cys. as needed).

c. Notify Office of Public Affairs of release (2 cys.).

d. Forward summary to OMB-OMSC (2 cys.).

aa. Regional interests.

bb. Public Affairs Division if prepared in region (copies as needed).

cc. OFA (2 cys.).

dd. Appropriate headquarters program office EIS coordinator (2 cys.).

27. Administrative action.

EXHIBIT 2

NOTICE OF INTENT TRANSMITTAL MEMORANDUM

SUGGESTED FORMAT

(Date)

ENVIRONMENTAL PROTECTION AGENCY,

(Appropriate office)

(Address, City, State, Zip Code)

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