[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: 40CFR6.102]

[Page 99-100]
 
                   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 A_General
 
Sec. 6.102  Applicability.

    (a) Administrative actions covered. This part applies to the 
activities of EPA in

[[Page 100]]

accordance with the outline of the subparts set forth below. Each 
subpart describes the detailed environmental review procedures required 
for each action.
    (1) Subpart A sets forth an overview of the regulation. Sec. ion 
6.102(b) describes the requirements for EPA legislative proposals.
    (2) Subpart B describes the requirements for the content of an EIS 
prepared pursuant to subparts E, F, G, H, and I.
    (3) Subpart C describes the requirements for coordination of all 
environmental laws during the environmental review undertaken pursuant 
to subparts E, F, G, H, and I.
    (4) Subpart D describes the public information requirements which 
must be undertaken in conjunction with the environmental review 
requirements under subparts E, F, G, H, and I.
    (5) Subpart E describes the environmental review requirements for 
the wastewater treatment construction grants program under Title II of 
the Clean Water Act.
    (6) Subpart F describes the environmental review requirements for 
new source National Pollutant Discharge Elimination System (NPDES) 
permits under section 402 of the Clean Water Act.
    (7) Subpart G describes the environmental review requirements for 
research and development programs undertaken by the Agency.
    (8) Subpart H describes the environmental review requirements for 
solid waste demonstration projects undertaken by the Agency.
    (9) Subpart I describes the environmental review requirements for 
construction of special purpose facilities and facility renovations by 
the Agency.
    (b) Legislative proposals. As required by the CEQ Regulations, 
legislative EISs are required for any legislative proposal developed by 
EPA which significantly affects the quality of the human environment. A 
preliminary draft EIS shall be prepared by the responsible EPA office 
concurrently with the development of the legislative proposal and 
contain information required under subpart B. The EIS shall be processed 
in accordance with the requirements set forth under 40 CFR 1506.8.
    (c) Application to ongoing activities--(1) General. The effective 
date for these regulations is December 5, 1979. These regulations do not 
apply to an EIS or supplement to that EIS if the draft EIS was filed 
with the Office of External Affairs, (OEA) before July 30, 1979. No 
completed environmental documents need be redone by reason of these 
regulations.
    (2) With regard to activities under subpart E, these regulations 
shall apply to all EPA environmental review procedures effective 
December 15, 1979. However, for facility plans begun before December 15, 
1979, the responsible official shall impose no new requirements on the 
grantee. Such grantees shall comply with requirements applicable before 
the effective date of this regulation. Notwithstanding the above, this 
regulation shall apply to any facility plan submitted to EPA after 
September 30, 1980.

[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982]