[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: 40CFR6.504]

[Page 114-115]
 
                   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. 6.504  Consultation during the facilities planning process.

    (a) General. Consistent with 40 CFR 1501.2 and 35.2030(c), the 
responsible official shall initiate the environmental review process 
early to identify environmental effects, avoid delays, and resolve 
conflicts. The environmental review process should be integrated 
throughout the facilities planning process. Two processes for 
consultation are described in this section to meet this objective. The 
first addresses projects awarded Step 1 grant assistance on or before 
December 29, 1981. The second applies to projects not receiving grant 
assistance for facilities planning on or before December 29, 1981 and, 
therefore, subject to the regulations implementing the Municipal 
Wastewater Treatment Construction Grant Amendments of 1981 (40 CFR part 
35, subpart I).
    (b) Projects receiving Step 1 grant assistance on or before December 
29, 1981. (1) During facilities planning, the grantee shall evaluate 
project alternatives and the existence of environmentally important 
resource areas including those identified in Sec. 6.108 and Sec. 6.509 
of this subpart, and potential for open space and recreation 
opportunities in the facilities planning area. This evaluation is 
intended to be brief and concise and should draw on existing information 
from EPA, State agencies, regional planning agencies, areawide water 
quality management agencies, and the Step 1 grantee. The Step 1 grantee 
should submit this information to EPA or a delegated State at the 
earliest possible time during facilities planning to allow EPA to 
determine if the action is eligible for a categorical exclusion. The 
evaluation and any additional analysis deemed necessary by the 
responsible official may be used by EPA to determine whether

[[Page 115]]

the action is eligible for a categorical exclusion from the substantive 
environmental review requirements of this part. If a categorical 
exclusion is granted, the grantee will not be required to prepare a 
formal EID nor will the responsible official be required to prepare an 
environmental assessment under NEPA. If an action is not granted a 
categorical exclusion, this evaluation may be used to determine the 
scope of the EID required of the grantee. This information can also be 
used to make an early determination of the need for partitioning the 
environmental review or for an EIS. Whenever possible, the Step 1 
grantee should discuss this initial evaluation with both the delegated 
State and EPA.
    (2) A review of environmental information developed by the grantee 
should be conducted by the responsible official whenever meetings are 
held to assess the progress of facilities plan development. These 
meetings should be held after completion of the majority of the EID 
document and before a preferred alternative is selected. Since any 
required EIS must be completed before the approval of a facilities plan, 
a decision whether to prepare an EIS is encouraged early during the 
facilities planning process. These meetings may assist in this early 
determination. EPA should inform interested parties of the following:
    (i) The preliminary nature of the Agency's position on preparing an 
EIS;
    (ii) The relationship between the facilities planning and 
environmental review processes;
    (iii) The desirability of public input; and
    (iv) A contact person for further information.
    (c) Projects not receiving grant assistance for Step 1 facilities 
planning on or before December 29, 1981. Potential Step 3 or Step 2+3 
grant applicants should, in accordance with Sec. 35.2030(c), consult 
with EPA and the State early in the facilities planning process to 
determine the appropriateness of a categorical exclusion, the scope of 
an EID, or the appropriateness of the early preparation of an 
environmental assessment or an EIS. The consultation would be most 
useful during the evaluation of project alternatives prior to the 
selection of a preferred alternative to assist in resolving any 
identified environmental problems.