[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: 40CFR6.503]

[Page 113-114]
 
                   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. 6.503  Overview of the environmental review process.

    The process for conducting an environmental review of wastewater 
treatment construction grant projects includes the following steps:

[[Page 114]]

    (a) Consultation. The Step 1 grantee or the potential Step 3 or Step 
2+3 applicant is encouraged to consult with the State and EPA early in 
project formulation or the facilities planning stage to determine 
whether a project is eligible for a categorical exclusion from the 
remaining substantive environmental review requirements of this part 
(Sec. 6.505), to determine alternatives to the proposed project for 
evaluation, to identify potential environmental issues and opportunities 
for public recreation and open space, and to determine the potential 
need for partitioning the environmental review process and/or the need 
for an Environmental Impact Statement (EIS).
    (b) Determining categorical exclusion eligibility. At the request of 
a potential Step 3 or Step 2+3 grant applicant, or a Step 1 facilities 
planning grantee, the responsible official will determine if a project 
is eligible for a categorical exclusion in accordance with Sec. 6.505. 
A Step 1 facilities planning grantee awarded a Step 1 grant on or before 
December 29, 1981 may request a categorical exclusion at any time during 
Step 1 facilities planning. A potential Step 3 or Step 2+3 grant 
applicant may request a categorical exclusion at any time before the 
submission of a Step 3 or Step 2+3 grant application.
    (c) Documenting environmental information. If the project is 
determined to be ineligible for a categorical exclusion, or if no 
request for a categorical exclusion is made, the potential Step 3 or 
Step 2+3 applicant or the Step 1 grantee subsequently prepares an 
Environmental Information Document (EID) (Sec. 6.506) for the project.
    (d) Preparing environmental assessments. Except as provided in Sec. 
6.506(c)(4) and following a review of the EID by EPA or by a State with 
delegated authority, EPA prepares an environmental assessment (Sec. 
6.506), or a State with delegated authority (Sec. 6.514) prepares a 
preliminary environmental assessment. EPA reviews and finalizes any 
preliminary assessments. EPA subsequently:
    (1) Prepares and issues a Finding of No Significant Impact (FNSI) 
(Sec. 6.508); or
    (2) Prepares and issues a Notice of Intent to prepare an original or 
supplemental EIS (Sec. 6.510) and Record of Decision (ROD) (Sec. 
6.511).
    (e) Monitoring. The construction and post-construction operation and 
maintenance of the facilities are monitored (Sec. 6.512) to ensure 
implementation of mitigation measures (Sec. 6.511) identified in the 
FNSI or ROD.

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