[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: 40CFR6.508]

[Page 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. 6.508  Finding of No Significant Impact (FNSI) determination.

    (a) Criteria for producing and distributing FNSIs. If, after 
completion of the environmental review, EPA determines that an EIS will 
not be required, the responsible official shall issue a FNSI in 
accordance with Sec. Sec. 6.105(f) and 6.400(d). The FNSI will be based 
on EPA's independent review of the preliminary environmental assessment 
and any other environmental information deemed necessary by the 
responsible official consistent with the requirements of Sec. 6.506(c). 
Following the Agency's independent review, the environmental assessment 
will be finalized and either be incorporated into, or attached to, the 
FNSI. The FNSI shall list all mitigation measures as defined in Sec. 
1508.20 of this title, and specifically identify those mitigation 
measures necessary to make the recommended alternative environmentally 
acceptable.
    (b) Proceeding with grant awards. (1) Once an environmental 
assessment has been prepared and the issued FNSI becomes effective for 
the treatment works within the study area, grant awards may proceed 
without preparation of additional FNSIs, unless the responsible official 
later determines that the project or environmental conditions have 
changed significantly from that which underwent environmental review.
    (2) For all environmental assessment/FNSI 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 revising the environmental assessment;
    (B) Supplement--update information and prepare, issue and distribute 
a revised EA/FNSI in accordance with Sec. Sec. 6.105(f) and 6.400(d); 
or
    (C) Reassess--withdraw the FNSI and publish a notice of intent to 
produce an EIS followed by the preparation, issuance and distribution of 
the 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.

[51 FR 32612, Sept. 12, 1986]