[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: 40CFR6.502]

[Page 113]
 
                   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 E_Environmental Review Procedures for Wastewater Treatment 
                       Construction Grants Program
 
Sec. 6.502  Applicability and limitations.

    (a) Applicability. This subpart applies to the following actions:
    (1) Approval of a facilities plan or an amendment to the plan;
    (2) Award of grant assistance for a project where signficant change 
has occurred in the project or its impact since prior compliance with 
this part; and
    (3) Approval of preliminary Step 3 work prior to the award of grant 
assistance pursuant to 40 CFR part 35, subpart E or I.
    (b) Limitations. (1) Except as provided in Sec. 6.504(c), all 
recipients of Step 1 grant assistance must comply with the requirements, 
steps, and procedures described in this subpart.
    (2) As specified in 40 CFR 35.2113, projects that have not received 
Step 1 grant assistance must comply with the requirements of this 
subpart prior to submission of an application for Step 3 or Step 2+3 
grant assistance.
    (3) Except as otherwise provided in Sec. 6.507, no step 3 or 2=3 
grant assistance may be awarded for the construction of any component/
portion of a proposed wastewater treatment system(s) until the 
responsible official has:
    (i) Completed the environmental review for all complete wastewater 
treatment system alternatives under consideration for the facilities 
planning area, or any larger study area identified for the purposes of 
conducting an adequate environmental review as required under this 
subpart; and
    (ii) Recorded the selection of the preferred alternative(s) in the 
appropriate decision document (ROD for EISs, FNSI for environmental 
assessments, or written determination for categorical exclusions).
    (4) In accord with Sec. 6.302(f), on or after October 18, 1982, no 
new expenditures or financial assistance involving the construction 
grants program can be made within the Coastal Barrier Resource System, 
or for projects outside the system which would have the effect of 
encouraging development in the system, other than specified exceptions 
made by the EPA after consultation with the Sec. etary of the Interior.

[50 FR 26317, June 25, 1985, as amended at 51 FR 32611, Sept. 12, 1986]