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[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: 40CFR6.505]

[Page 115-116]
 
                   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. 6.505  Categorical exclusions.

    (a) General. At the request of an existing Step 1 facilities 
planning grantee or of a potential Step 3 or Step 2+3 grant applicant, 
the responsible official, as provided for in Sec. Sec. 6.107(b), 
6.400(f) and 6.504(a), shall determine from existing information and 
document whether an action is consistent with the categories eligible 
for exclusion from NEPA review identified in Sec. 6.107(d) or Sec. 
6.505(b) and not inconsistent with the criteria in Sec. 6.107(e) or 
Sec. 6.505(c).
    (b) Specialized categories of actions eligible for exclusion. For 
this subpart, eligible actions consist of any of the categories in Sec. 
6.107(d), or:
    (1) Actions for which the facilities planning is consistent with the 
category listed in Sec. 6.107(d)(1) which do not affect the degree of 
treatment or capacity of the existing facility including, but not 
limited to, infiltration and inflow corrections, grant-eligible 
replacement of existing mechanical equipment or structures, and the 
construction of small structures on existing sites;
    (2) Actions in sewered communities of less than 10,000 persons which 
are for minor upgrading and minor expansion of existing treatment works. 
This category does not include actions that directly or indirectly 
involve the extension of new collection systems funded with Federal or 
other sources of funds;
    (3) Actions in unsewered communities of less than 10,000 persons 
where on-site technologies are proposed; or
    (4) Other actions are developed in accordance with Sec. 6.107(f).
    (c) Specialized Criteria for not granting a categorical exclusion. 
(1) The full environmental review procedures of this part must be 
followed if undertaking an action consistent with the categories 
described in paragraph (b) of this section meets any of the criteria 
listed in Sec. 6.107(e) or when:
    (i) The facilities to be provided will (A) create a new, or (B) 
relocate an existing, discharge to surface or ground waters;

[[Page 116]]

    (ii) The facilities will result in substantial increases in the 
volume of discharge or the loading of pollutants from an existing source 
or from new facilities to receiving waters; or
    (iii) The facilities would provide capacity to serve a population 
30% greater than the existing population.
    (d) Proceeding with grant awards. (1) After a categorical exclusion 
on a proposed treatment works has been granted, and notices published in 
accordance with Sec. 6.400(f), grant awards may proceed without being 
subject to any further environmental review requirements under this 
part, unless the responsible official later determines that the project, 
or the conditions at the time the categorical determination was made, 
have changed significantly since the independent EPA review of 
information submitted by the grantee in support of the exclusion.
    (2) For all categorical exclusion determinations:
    (i) That are five or more years old on projects awaiting Step 2+3 or 
Step 3 grant funding, the responsible official shall re-evaluate the 
project, environmental conditions and public views and, prior to grant 
award, either:
    (A) Reaffirm--issue a public notice reaffirming EPA's decision to 
proceed with the project without need for any further environmental 
review;
    (B) Supplement--update the information in the decision document on 
the categorically excluded project and prepare, issue, and distribute a 
revised notice in accordance with Sec. 6.107(f); or
    (C) Reassess--revoke the categorical exclusion in accordance with 
Sec. 6.107(c) and require a complete environmental review to determine 
the need for an EIS in accordance with Sec. 6.506, followed by 
preparation, issuance and distribution of an EA/FNSI or EIS/ROD.
    (ii) That are made on projects that have been awarded a Step 2+3 
grant, the responsible official shall, at the time of plans and 
specifications review under Sec. 35.2202(b) of this title, assess 
whether the environmental conditions or the project's anticipated impact 
on the environment have changed and, prior to plans and specifications 
approval, advise the Regional Administrator if additional environmental 
review is necessary.

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


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