[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: 40CFR6.203]

[Page 106-107]
 
                   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 B_Content of EISs
 
Sec. 6.203  Body of EISs.

    (a) Purpose and need. The EIS shall clearly specify the underlying 
purpose and need to which EPA is responding. If the action is a request 
for a permit or a grant, the EIS shall clearly specify the goals and 
objectives of the applicant.
    (b) Alternatives including the proposed action. In addition to 40 
CFR 1502.14, the EIS shall discuss:
    (1) Alternatives considered by the applicant. This section shall 
include a balanced description of each alternative considered by the 
applicant. These discussions shall include size and location of 
facilities, land requirements, operation and maintenance requirements, 
auxiliary structures such as pipelines or transmission lines, and 
construction schedules. The alternative of no action shall be discussed 
and the applicant's preferred alternative(s) shall be identified. For 
alternatives which were eliminated from detailed study, a brief 
discussion of the reasons for their having been eliminated shall be 
included.
    (2) Alternatives available to EPA. EPA alternatives to be discussed 
shall include: (i) Taking an action; or (ii) taking an action on a 
modified or alternative project, including an action not considered by 
the applicant; and (iii) denying the action.
    (3) Alternatives available to other permitting agencies. When 
preparing a joint EIS, and if applicable, the alternatives available to 
other Federal and/or State agencies shall be discussed.
    (4) Identifying preferred alternative. In the final EIS, the 
responsible official shall signify the preferred alternative.
    (c) Affected environment and environmental consequences of the 
alternatives. The affected environment on which the evaluation of each 
alternative shall be based includes, for example, hydrology, geology, 
air quality, noise, biology, socioeconomics, energy, land use, and 
archeology and historic subjects. The discussion shall be structured so 
as to present the total impacts of each alternative for easy comparison 
among all alternatives by the reader. The effects of a ``no action'' 
alternative should be included to facilitate reader comparison of the 
beneficial and adverse impacts of other alternatives to the applicant 
doing nothing. A description of the environmental setting shall be 
included in the ``no action'' alternative for the purpose of providing 
needed background information. The amount of detail in describing the 
affected environment shall be commensurate with the complexity of the 
situation and the importance of the anticipated impacts.
    (d) Coordination. The EIS shall include:
    (1) The objections and suggestions made by local, State, and Federal 
agencies before and during the EIS review process must be given full 
consideration, along with the issues of public concern expressed by 
individual citizens and interested environmental groups. The EIS must 
include discussions of any such comments concerning our actions, and the 
author of each

[[Page 107]]

comment should be identified. If a comment has resulted in a change in 
the project or the EIS, the impact statement should explain the reason.
    (2) Public participation through public hearings or scoping meetings 
shall also be included. If a public hearing has been held prior to the 
publication of the EIS, a summary of the transcript should be included 
in this section. For the public hearing which shall be held after the 
publication of the draft EIS, the date, time, place, and purpose shall 
be included here.
    (3) In the final EIS, a summary of the coordination process and EPA 
responses to comments on the draft EIS shall be included.

[44 FR 64177, Nov. 6, 1979, as amended at 50 FR 26316, June 25, 1985]