[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: 40CFR6.509]

[Page 119-120]
 
                   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. 6.509  Criteria for initiating Environmental Impact Statements (EIS).

    (a) Conditions requiring EISs. (1) The responsible official shall 
assure that an EIS will be prepared and issued when it is determined 
that the treatment works or collector system will cause any of the 
conditions under Sec. 6.108 to exist, or when

[[Page 120]]

    (2) The treated effluent is being discharged into a body of water 
where the present classification is too lenient or is being challenged 
as too low to protect present or recent uses, and the effluent will not 
be of sufficient quality or quantity to meet the requirements of these 
uses.
    (b) Other conditions. The responsible official shall also consider 
preparing an EIS if: The project is highly controversial; the project in 
conjunction with related Federal, State, local or tribal resource 
projects produces significant cumulative impacts; or if it is determined 
that the treatment works may violate Federal, State, local or tribal 
laws or requirements imposed for the protection of the environment.