[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR6.1004]
[Page 133-134]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON
ENVIRONMENTAL QUALITY ON THE NATIONAL ENVIRONMENTAL POLICY ACT--
Subpart J_Assessing the Environmental Effects Abroad of EPA Actions
Sec. 6.1004 Environmental review and assessment requirements.
(a) Research and demonstration projects. The appropriate Assistant
Administrator is responsible for performing the necessary degree of
environmental review on research and demonstration projects undertaken
by EPA. If the research or demonstration project affects the environment
of the global commons, the applicant shall prepare an environmental
analysis. This will assist the responsible official in determining
whether an EIS is necessary. If it is determined that the action
significantly affects the environment of the global commons, then an EIS
shall be prepared. If the undertaking significantly affects a foreign
nation EPA shall prepare a unilateral, bilateral or multilateral
environmental study. EPA shall afford the affected foreign nation or
international body or organization an opportunity to participate in this
study. This environmental study shall discuss the need for the action,
analyze the environmental impact of the various alternatives considered
and list the agencies and other parties consulted.
(b) Ocean dumping activities. (1) The Assistant Administrator for
Water and Waste Management shall ensure the preparation of appropriate
environmental documents relating to ocean dumping activities in the
global commons under section 102 of the MPRSA. For ocean dumping site
designations prescribed pursuant to section 102(c) of the MPRSA and 40
CFR part 228, EPA shall prepare an environmental impact statement
consistent with the requirements of EPA's Procedures for the Voluntary
Preparation of Environmental Impact Statements dated October 21, 1974
(see 39 FR 37419). Also EPA shall prepare an environmental impact
statement for the establishment or revision of criteria under section
102(a) of MPRSA.
(2) For individual permits issued by EPA under section 102(b) an
environmental assessment shall be made by EPA. Pursuant to 40 CFR part
221, the permit applicant shall submit with the application an
environmental analysis which includes a discussion of the need for the
action, an outline of alternatives, and an analysis of the environmental
impact of the proposed action and alternatives consistent with the EPA
criteria established under section 102(a) of MPRSA. The information
submitted under 40 CFR part 221 shall be sufficient to satisfy the
environmental assessment requirement.
(c) EPA permitting and licensing activities. The appropriate
Regional Administrator is responsible for conducting concise
environmental reviews with regard to permits issued under section 3005
of the Resource Conservation and Recovery Act (RCRA permits), section
402 of the Clean Water Act (NPDES permits), and section 165 of the Clean
Air Act (PSD permits), for such actions undertaken by EPA which affect
the global commons or foreign nations. The information submitted by
applicants for such permits or approvals under the applicable
consolidated permit regulations (40 CFR parts 122 and 124) and
Prevention of Significant Deterioration (PSD) regulations (40 CFR part
52) shall satisfy the environmental document requirement under section
2-4(b) of Executive Order 12114. Compliance with applicable requirements
in part 124 of the consolidated permit regulations (40 CFR part 124)
shall be sufficient to satisfy the requirements to
[[Page 134]]
conduct a concise environmental review for permits subject to this
paragraph.
(d) Wastewater treatment facility planning. 40 CFR 6.506 details the
environmental review process for the facilities planning process under
the wastewater treatment works construction grants program. For the
purpose of these regulations, the facility plan shall also include a
concise environmental review of those activities that would have
environmental effects abroad. This shall apply only to the Step 1 grants
awarded after January 14, 1981, but on or before December 29, 1981, and
facilities plans developed after December 29, 1981. Where water quality
impacts identified in a facility plan are the subject or water quality
agreements with Canada or Mexico, nothing in these regulations shall
impose on the facility planning process coordination and consultation
requirements in addition to those required by such agreements.
(e) Review by other Federal agencies and other appropriate
officials. The responsible officials shall consult with other Federal
agencies with relevant expertise during the preparation of the
environmental document. As soon as feasible after preparation of the
environmental document, the responsible official shall make the document
available to the Council on Environmental Quality, Department of State,
and other appropriate officials. The responsible official with
assistance from OIA shall work with the Department of State to establish
procedures for communicating with and making documents available to
foreign nations and international organizations.
[46 FR 3364, Jan. 14, 1981, as amended at 50 FR 26323, June 25, 1985]
