[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: 40CFR6.605]

[Page 124-125]
 
                   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. 6.605  Criteria for preparing EISs.

    (a) General guidelines. (1) When determining the significance of a 
proposed new source's impact, the responsible official shall consider 
both its short term and long term effects as well as its direct and 
indirect effects and beneficial and adverse environmental impacts as 
defined in 40 CFR 1508.8.
    (2) If EPA is proposing to issue a number of new source NPDES 
permits during a limited time span and in the same general geographic 
area, the responsible official shall examine the possibility of tiering 
EISs. If the permits are minor and environmentally insignificant when 
considered separately, the responsible official may determine that the 
cumulative impact of the issuance of all these permits may have a 
significant environmental effect and require an EIS for the area. Each

[[Page 125]]

separate decision to issue an NPDES permit shall then be based on the 
information in this areawide EIS. Site specific EISs may be required in 
certain circumstances in addition to the areawide EIS.
    (b) Specific criteria. An EIS will be prepared when:
    (1) The new source will induce or accelerate significant changes in 
industrial, commercial, agricultural, or residential land use 
concentrations or distributions which have the potential for significant 
environmental effects. Factors that should be considered in determining 
if these changes are environmentally significant include but are not 
limited to: The nature and extent of the vacant land subject to 
increased development pressure as a result of the new source; the 
increases in population or population density which may be induced and 
the ramifications of such changes; the nature of land use regulations in 
the affected area and their potential effects on development and the 
environment; and the changes in the availability or demand for energy 
and the resulting environmental consequences.
    (2) The new source will directly, or through induced development, 
have significant adverse effect upon local ambient air quality, local 
ambient noise levels, floodplains, surface or groundwater quality or 
quantity, fish, wildlife, and their natural habitats.
    (3) Any major part of the new source will have significant adverse 
effect on the habitat of threatened or endangered species on the 
Department of the Interior's or a State's lists of threatened and 
endangered species.
    (4) The environmental impact of the issuance of a new source NPDES 
permit will have significant direct and adverse effect on a property 
listed in or eligible for listing in the National Register of Historic 
Places.
    (5) Any major part of the source will have significant adverse 
effects on parklands, wetlands, wild and scenic rivers, reservoirs or 
other important bodies of water, navigation projects, or agricultural 
lands.