[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: 40CFR6.507]

[Page 118-119]
 
                   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. 6.507  Partitioning the environmental review process.

    (a) Purpose. Under certain circumstances the building of a 
component/portion of a wastewater treatment system may be justified in 
advance of completing all NEPA requirements for the remainder of the 
system(s). When there are overriding considerations of cost or impaired 
program effectiveness, the responsible official may award a construction 
grant, or approve procurement by other than EPA funds, for a discrete 
component of a complete wastewater treatment system(s). The process of 
partitioning the environmental review for the discrete component shall 
comply with the criteria and procedures described in paragraph (b) of 
this section. In addition, all reasonable alternatives for the overall 
wastewater treatment works system(s) of which the component is a part 
shall have been previously identified, and each part of the 
environmental review for the remainder of the overall facilities 
system(s) in the planning area in accordance with Sec. 6.502(b)(3) 
shall comply with all requirements under Sec. 6.506.
    (b) Criteria for partitioning. (1) Projects may be partitioned under 
the following circumstances:
    (i) To overcome impaired program effectiveness, the project 
component, in addition to meeting the criteria listed in paragraph 
(b)(2) of this section, must immediately remedy a severe public health, 
water quality or other environmental problem; or
    (ii) To significantly reduce direct costs on EPA projects, or other 
related public works projects, the project component (such as major 
pieces of equipment, portions of conveyances or small structures) in 
addition to meeting the criteria listed in paragraph (b)(2) of this 
section, must achieve a cost savings to the Federal Government and/or to 
the grantee's or potential grantee's overall costs incurred in procuring 
the wastewater treatment component(s) and/or the installation of other 
related public works projects funded in coordination with other Federal, 
State, tribal or local agencies.
    (2) The project component also must:
    (i) Not foreclose any reasonable alternatives identified for the 
overall wastewater treatment works system(s);
    (ii) Not cause significant adverse direct or indirect environmental 
impacts including those which cannot be acceptably mitigated without 
completing

[[Page 119]]

the entire wastewater treatment system of which the component is a part; 
and
    (iii) Not be highly controversial.
    (c) Requests for partitioning. The applicant's or State's request 
for partitioning must contain the following:
    (1) A description of the discrete component proposed for 
construction before completing the environmental review of the entire 
facilities plan;
    (2) How the component meets the above criteria;
    (3) The environmental information required by Sec. 6.506 of this 
subpart for the component; and
    (4) Any preliminary information that may be important to EPA in an 
EIS determination for the entire facilities plan (Sec. 6.509).
    (d) Approval of requests for partitioning. The responsible official 
shall:
    (1) Review the request for partitioning against all requirements of 
this subpart;
    (2) If approvable, prepare and issue a FNSI in accordance with Sec. 
6.508;
    (3) Include a grant condition prohibiting the building of additional 
or different components of the entire facilities system(s) in the 
planning area as described in Sec. 6.502(b)(3)(i).

[50 FR 26317, June 25, 1985, as amended at 51 FR 32612, Sept. 12, 1986]