[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: 40CFR6.604]
[Page 123-124]
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 F_Environmental Review Procedures for the New Source NPDES
Program
Sec. 6.604 Environmental review process.
(a) New source. If EPA's initial determination under Sec. 6.602(b)
is that the facility is a new source, the responsible official shall
evaluate any environmental information to determine if any significant
impacts are anticipated and an EIS is necessary. If the permit applicant
requests, the responsible official shall establish time limits for the
completion of the environmental review process consistent with 40 CFR
1501.8.
(b) Information needs. Information necessary for a proper
environmental review shall be provided by the permit applicant in an
environmental information document. The responsible official shall
consult with the applicant to determine the scope of an environmental
information document. In doing this the responsible official shall
consider the size of the new source and the extent to which the
applicant is capable of providing the required information. The
responsible official shall not require the applicant to gather data or
perform analyses which unnecessarily duplicate either existing data or
the results of existing analyses available to EPA. The responsible
official shall keep requests for data to the minimum consistent with his
responsibilities under NEPA.
(c) Environmental assessment. The responsible official shall prepare
a written environmental assessment based on an environmental review of
either the environmental information document and/or any other available
environmental information.
(d) EIS determination. (1) When the environmental review indicates
that a significant environmental impact may occur and that the
significant adverse impacts cannot be eliminated by making changes in
the proposed new source project, a notice of intent shall be issued, and
a draft EIS prepared and distributed. When the environmental review
indicates no significant impacts are anticipated or when the proposed
project is changed to eliminate the significant adverse impacts, a FNSI
shall be issued which lists any mitigation measures necessary to make
the recommended alternative environmentally acceptable.
[[Page 124]]
(2) The FNSI together with the environmental assessment that
supports the finding shall be distributed in accordance with Sec.
6.400(d) of this regulation.
(e) Lead agency. (1) If the environmental review reveals that the
preparation of an EIS is required, the responsible official shall
determine if other Federal agencies are involved with the project. The
responsible official shall contact all other involved agencies and
together the agencies shall decide the lead agency based on the criteria
set forth in 40 CFR 1501.5.
(2) If, after the meeting of involved agencies, EPA has been
determined to be the lead agency, the responsible official may request
that other involved agencies be cooperating agencies. Cooperating
agencies shall be chosen and shall be involved in the EIS preparation
process in the manner prescribed in the 40 CFR 1501.6(a). If EPA has
been determined to be a cooperating agency, the responsible official
shall be involved in assisting in the preparation of the EIS in the
manner prescribed in 40 CFR 1501.6(b).
(f) Notice of intent. (1) If EPA is the lead agency for the
preparation of an EIS, the responsible official shall arrange through
OER for the publication of the notice of intent in the Federal Register,
distribute the notice of intent and arrange and conduct a scoping
meeting as outlined in 40 CFR 1501.7.
(2) If the responsible official and the permit applicant agree to a
third party method of EIS preparation, pursuant to Sec. 6.604(g)(3) of
this part, the responsible official shall insure that a notice of intent
is published and that a scoping meeting is held before the third party
contractor begins work which may influence the scope of the EIS.
(g) EIS method. EPA shall prepare EISs by one of the following
means:
(1) Directly by its own staff;
(2) By contracting directly with a qualified consulting firm; or
(3) By utilizing a third party method, whereby the responsible
official enters into a third party agreement for the applicant to engage
and pay for the services of a third party contractor to prepare the EIS.
Such an agreement shall not be initiated unless both the applicant and
the responsible official agree to its creation. A third party agreement
will be established prior to the applicant's environmental information
document and eliminate the need for that document. In proceeding under
the third party agreement, the responsible official shall carry out the
following practices:
(i) In consultation with the applicant, choose the third party
contractor and manage that contract.
(ii) Select the consultant based on his ability and an absence of
conflict of interest. Third party contractors will be required to
execute a disclosure statement prepared by the responsible official
signifying they have no financial or other conflicting interest in the
outcome of the project.
(iii) Specify the information to be developed and supervise the
gathering, analysis and presentation of the information. The responsible
official shall have sole authority for approval and modification of the
statements, analyses, and conclusions included in the third party EIS.
(h) Documents for the administrative record. Pursuant to 40 CFR
124.9(b)(6) and 124.18(b)(5) any environmental assessment, FNSI EIS, or
supplement to an EIS shall be made a part of the administrative record
related to permit issuance.
[44 FR 64177, Nov. 6, 1979, as amended at 47 FR 9831, Mar. 8, 1982]
