[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: 40CFR6.704]

[Page 126-127]
 
                   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 G_Environmental Review Procedures for Office of Research and 
                          Development Projects
 
Sec. 6.704  Categorical exclusions.

    (a) At the beginning of the environmental review process (see Figure 
1), the appropriate program official shall determine whether an ORD 
project can be categorically excluded from the substantive requirements 
of a NEPA review. This determination shall be based on general criteria 
in Sec. 6.107(d) and specialized categories of ORD actions eligible for 
exclusion in Sec. 6.704(b). If the appropriate program official 
determines that an ORD project is consistent with the general criteria 
and any of the specialized categories of eligible activities, and does 
not satisfy the criteria in Sec. 6.107(e) for not granting a 
categorical exclusion, then this finding shall be documented and no 
further action shall be required. A categorical exclusion shall be 
revoked by the appropriate program official if it is determined that the 
project meets the criteria for revocation in Sec. 6.107(c). Projects 
that fail to qualify for categorical exclusion or for which categorical 
exclusion has been revoked must undergo full environmental review in 
accordance with Sec. 6.705 and Sec. 6.706.
    (b) The following specialized categories of ORD actions are eligible 
for

[[Page 127]]

categorical exclusion from a detailed NEPA review:
    (1) Library or literature searches and studies;
    (2) Computer studies and activities;
    (3) Monitoring and sample collection wherein no significant 
alteration of existing ambient conditions occurs;
    (4) Projects conducted completely within a contained facility, such 
as a laboratory or other enclosed building, where methods are employed 
for appropriate disposal of laboratory wastes and safeguards exist 
against hazardous, toxic, and radioactive materials entering the 
environment. Laboratory directors or other appropriate officials must 
certify and provide documentation that the laboratory follows good 
laboratory practices and adheres to applicable Federal statutes, 
regulations and guidelines.