[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: 40CFR6.401]

[Page 111-112]
 
                   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 D_Public and Other Federal Agency Involvement
 
Sec. 6.401  Official filing requirements.

    (a) General. OEA is responsible for the conduct of the official 
filing system for EISs. This system was established as a central 
repository for all EISs which serves not only as means of advising the 
public of the availability of each EIS but provides a uniform method for 
the computation of minimum time periods for the review of EISs. OEA 
publishes a weekly notice in the Federal Register listing all EISs 
received during a given week. The 45-day and 30-day review periods for 
draft and final EISs, respectively, are computed from the Friday 
following a given reporting week. Pursuant to 40 CFR 1506.9, responsible 
officials shall comply with the guidelines established by OEA on the 
conduct of the filing system.
    (b) Minimum time periods. No decision on EPA actions shall be made 
until the later of the following dates:
    (1) Ninety (90) days after the date established in Sec. 6.401(a) of 
this part from which the draft EIS review time period is computed.
    (2) Thirty (30) days after the date established in Sec. 6.401(a) of 
this part from which the final EIS review time period is computed.
    (c) Filing of EISs. All EISs, including supplements, must be 
officially filed with OEA. Responsible officials shall transmit each EIS 
in five (5) copies to the Director, Office of Environmental Review, EIS 
Filing Sec. ion (A-104). OEA will provide CEQ with one copy of each EIS 
filed. No EIS will be officially filed by OER unless the EIS has been 
made available to the public. OEA will not accept unbound copies of EISs 
for filing.
    (d) Extensions or waivers. The responsible official may 
independently extend review periods. In such cases, the responsible 
official shall notify OEA as

[[Page 112]]

soon as possible so that adequate notice may be published in the weekly 
Federal Register report. OEA upon a showing of compelling reasons of 
national policy may reduce the prescribed review periods. Also, OEA upon 
a showing by any other Federal agency of compelling reasons of national 
policy may extend prescribed review periods, but only after consultation 
with the responsible official. If the responsible official does not 
concur with the extension of time, OEA may not extend a prescribed 
review period more than 30 days beyond the minimum prescribed review 
period.
    (e) Rescission of filed EISs. The responsible official shall file 
EISs with OEA at the same time they are transmitted to commenting 
agencies and made available to the public. The responsible official is 
required to reproduce an adequate supply of EISs to satisfy these 
distribution requirements prior to filing an EIS. If the EIS is not made 
available, OEA will consider retraction of the EIS or revision of the 
prescribed review periods based on the circumstances.

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