[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: 40CFR6.511]

[Page 121]
 
                   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. 6.511  Record of Decision (ROD) for EISs and identification of
mitigation measures.

    (a) Record of Decision. After a final EIS has been issued, the 
responsible official shall prepare and issue a ROD in accordance with 40 
CFR 1505.2 prior to, or in conjunction with, the approval of the 
facilities plan. The ROD shall include identification of mitigation 
measures derived from the EIS process including grant conditions which 
are necessary to minimize the adverse impacts of the selected 
alternative.
    (b) Specific mitigation measures. Prior to the approval of a 
facilities plan, the responsible official must ensure that effective 
mitigation measures identified in the ROD will be implemented by the 
grantee. This should be done by revising the facilities plan, initiating 
other steps to mitigate adverse effects, or including conditions in 
grants requiring actions to minimize effects. Care should be exercised 
if a condition is to be imposed in a grant document to assure that the 
applicant possesses the authority to fulfill the conditions.
    (c) Proceeding with grant awards. (1) Once the ROD has been prepared 
on the selected, or preferred, alternative(s) for the treatment works 
described within the EIS, grant awards may proceed without the 
preparation of supplemental EISs unless the responsible official later 
determines that the project or the environmental conditions described 
within the current EIS have changed significantly from the previous 
environmental review in accordance with Sec. 1502.9(c) of this title.
    (2) For all EIS/ROD 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, and documenting that no additional significant 
impacts were identified during the re-evaluation which would require 
supplementing the EIS; or
    (B) Supplement--conduct additional studies and prepare, issue and 
distribute a supplemental EIS in accordance with Sec. 6.404 and 
document the original, or any revised, decision in an addendum to the 
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 32613, Sept. 12, 1986]