[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: 40CFR6.103]
[Page 100-102]
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. 6.103 Responsibilities.
(a) General responsibilities. (1) The responsible official's duties
include:
(i) Requiring applicants, contractors, and grantees to submit
environmental information documents and related documents and assuring
that environmental reviews are conducted on proposed EPA projects at the
earliest possible point in EPA's decision-making process. In this
regard, the responsible official shall assure the early involvement and
availability of information for private applicants and other non-Federal
entities requiring EPA approvals.
(ii) When required, assuring that adequate draft EISs are prepared
and distributed at the earliest possible point in EPA's decision-making
process, their internal and external review is coordinated, and final
EISs are prepared and distributed.
(iii) When an EIS is not prepared, assuring documentation of the
decision to grant a categorical exclusion, or assuring that findings of
no significant impact (FNSIs) and environmental assessments are prepared
and distributed for those actions requiring them.
[[Page 101]]
(iv) Consulting with appropriate officials responsible for other
environmental laws set forth in subpart C.
(v) Consulting with the Office of External Affairs (OEA) on actions
involving unresolved conflicts concerning this part or other Federal
agencies.
(vi) When required, assuring that public participation requirements
are met.
(2) Office of External Affairs duties include: (i) Supporting the
Administrator in providing EPA policy guidance and assuring that EPA
offices establish and maintain adequate administrative procedures to
comply with this part.
(ii) Monitoring the overall timeliness and quality of the EPA effort
to comply with this part.
(iii) Providing assistance to responsible officials as required,
i.e., preparing guidelines describing the scope of environmental
information required by private applicants relating to their proposed
actions.
(iv) Coordinating the training of personnel involved in the review
and preparation of EISs and other associated documents.
(v) Acting as EPA liaison with the Council on Environmental Quality
and other Federal and State entities on matters of EPA policy and
administrative mechanisms to facilitate external review of EISs, to
determine lead agency and to improve the uniformity of the NEPA
procedures of Federal agencies.
(vi) Advising the Administrator and Deputy Administrator on projects
which involve more than one EPA office, are highly controversial, are
nationally significant, or pioneer EPA policy, when these projects have
had or should have an EIS prepared on them.
(vii) Carrying out administrative duties relating to maintaining
status of EISs within EPA, i.e., publication of notices of intent in the
Federal Register and making available to the public status reports on
EISs and other elements of the environmental review process.
(3) Office of an Assistant Administrator duties include: (i)
Providing specific policy guidance to their respective offices and
assuring that those offices establish and maintain adequate
administrative procedures to comply with this part.
(ii) Monitoring the overall timeliness and quality of their
respective office's efforts to comply with this part.
(iii) Acting as liaison between their offices and the OEA and
between their offices and other Assistant Administrators or Regional
Administrators on matters of agencywide policy and procedures.
(iv) Advising the Administrator and Deputy Administrator through the
OEA on projects or activities within their respective areas of
responsibilities which involve more than one EPA office, are highly
controversial, are nationally significant, or pioneer EPA policy, when
these projects will have or should have an EIS prepared on them.
(v) Pursuant to Sec. 6.102(b) of this subpart, preparing
legislative EISs as appropriate on EPA legislative initiatives.
(4) The Office of Policy, Planning, and Evaluation duties include:
responsibilities for coordinating the preparation of EISs required on
EPA legislative proposals in accordance with Sec. 6.102(b).
(b) Responsibilities for subpart E--(1) Responsible official. The
responsible official for EPA actions covered by this subpart is the
Regional Administrator.
(2) Assistant Administrator. The responsibilities of the Assistant
Administrator, as described in Sec. 6.103(a)(3), shall be assumed by
the Assistant Administrator for Water for EPA actions covered by this
subpart.
(c) Responsibilities for subpart F--(1) Responsible official. The
responsible official for activities covered by this subpart is the
Regional Administrator.
(2) Assistant Administrator. The responsibilities of the Assistant
Administrator, as described in Sec. 6.103(a)(3), shall be assumed by
the Assistant Administrator for Enforcement and Compliance Monitoring
for EPA actions covered by this subpart.
(d) Responsibilities for subpart G. The Assistant Administrator for
Research and Development will be the responsible official for activities
covered by this subpart.
(e) Responsibilities for subpart H. The Assistant Administrator for
Solid Waste and Emergency Response will be
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the responsible official for activities covered by this subpart.
(f) Responsibilities for subpart I. The responsible official for new
construction and modification of special purpose facilities is as
follows:
(1) The Chief, Facilities Engineering and Real Estate Branch,
Facilities and Support Services Division, Office of the Assistant
Administrator for Administration and Resource Management (OARM) shall be
the responsible official on all new construction of special purpose
facilities and on all new modification projects for which the Facilities
Engineering and Real Estate Branch has received a funding allowance and
for all other field components not covered elsewhere in paragraph (f) of
this section.
(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.
[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9829, Mar. 8, 1982; 50
FR 26315, June 25, 1985; 51 FR 32609, Sept. 12, 1986]
