[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: 40CFR6.514]

[Page 122]
 
                   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. 6.514  Delegation to States.

    (a) General. Authority delegated to the State under section 205(g) 
of the Clean Water Act to review a facilities plan may include all EPA 
activities under this part except for the following:
    (1) Determinations of whether or not a project qualifies for a 
categorical exclusion;
    (2) Determinations to partition the environmental review process;
    (3) Finalizing the scope of an EID when required to adequately 
conclude an independent review of a preliminary environmental 
assessment;
    (4) Finalizing the scope of an environmental assessment, and 
finalization, approval and issuance of a final environmental assessment;
    (5) Determination to issue, and issuance of, a FNSI based on a 
completed (Sec. 6.508) or partitioned (Sec. 6.507(d)(2)) environmental 
review;
    (6) Determination to issue, and issuance of, a notice of intent for 
preparing an EIS;
    (7) Preparation of EISs under Sec. 6.510(b) (1) and (2), final 
decisions required for preparing an EIS under Sec. 6.510(b)(3), 
finalizing the agreement to prepare an EIS under Sec. 6.510(b)(4), 
finalizing the scope of an EIS, and issuance of draft, final and 
supplemental EISs;
    (8) Preparation and issuance of the ROD based on an EIS;
    (9) Final decisions under other applicable laws described in subpart 
C of this part;
    (10) Determination following re-evaluations of projects awaiting 
grant funding in the case of Step 3 projects whose existing evaluations 
and/or decision documents are five or more years old, or determinations 
following re-evaluations on projects submitted for plans and 
specifications review and approval in the case of awarded Step 2+3 
projects where the EPA Regional Administrator has been advised that 
additional environmental review is necessary, in accordance with Sec. 
6.505(d)(2), Sec. 6.508(b)(2) or Sec. 6.511(c)(2); and
    (11) Maintenance of official EPA monthly status reports as required 
under Sec. 6.402(b).
    (b) Elimination of duplication. The responsible official shall 
assure that maximum efforts are undertaken to minimize duplication 
within the limits described under paragraph (a) of this section. In 
carrying out requirements under this subpart, maximum consideration 
shall be given to eliminating duplication in accordance with Sec. 
1506.2 of this title. Where there are State or local procedures 
comparable to NEPA, EPA should enter into memoranda of understanding 
with these States concerning workload distribution and responsibilities 
not specifically reserved to EPA in paragraph (a) of this section for 
implementing the environmental review and facilities planning process.

[50 FR 26317, June 25, 1985, as amended at 51 FR 32613, Sept. 12, 1986]