[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: 40CFR6.402]

[Page 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. 6.402  Availability of documents.

    (a) General. The responsible official will ensure sufficient copies 
of the EIS are distributed to interested and affected members of the 
public and are made available for further public distribution. EISs, 
comments received, and any underlying documents should be available to 
the public pursuant to the provisions of the Freedom of Information Act 
(5 U.S.C. 552(b)), without regard to the exclusion for interagency 
memoranda where such memoranda transmit comments of Federal agencies on 
the environmental impact of the proposed actions. To the extent 
practicable, materials made available to the public shall be provided 
without charge; otherwise, a fee may be imposed which is not more than 
the actual cost of reproducing copies required to be sent to another 
Federal agency.
    (b) Public information. Lists of all notices, determinations and 
other reports/documentation, related to these notices and 
determinations, involving CEs, EAs, FNSIs, notices of intent, EISs, and 
RODs prepared by EPA shall be available for public inspection and 
maintained by the responsible official as a monthly status report. OEA 
shall maintain a comprehensive list of notices of intent and draft and 
final EISs provided by all responsible officials for public inspection 
including publication in the Federal Register. In addition, OEA will 
make copies of all EPA-prepared EISs available for public inspection; 
the responsible official shall do the same for any EIS he/she 
undertakes.

[44 FR 64177, Nov. 6, 1979, as amended at 51 FR 32611, Sept. 12, 1986]