[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: 40CFR6.705]

[Page 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. 6.705  Environmental assessment and finding of no significant 
impact.

    (a) When a project does not meet any of the criteria for categorical 
exclusion, the appropriate program official shall undertake an 
environmental assessment in accordance with 40 CFR 1508.9 in order to 
determine whether an EIS is required or if a FNSI can be made. ORD 
projects which normally result in the preparation of an EA include the 
following:
    (1) Initial field demonstration of a new technology;
    (2) Field trials of a new product or new uses of an existing 
technology;
    (3) Alteration of a local habitat by physical or chemical means.
    (b) If the environmental assessment reveals that the research is not 
anticipated to have a significant impact on the environment, the 
appropriate program official shall prepare a FNSI in accordance with 
Sec. 6.105(f). Pursuant to Sec. 6.400(d), no administrative action 
will be taken on a project until the prescribed 30-day comment period 
for a FNSI has elapsed and the Agency has fully considered all comments.
    (c) On actions involving potentially significant impacts on the 
environment, a FNSI may be prepared if changes have been made in the 
proposed action to eliminate any significant impacts. These changes must 
be documented in the proposal and in the FNSI.
    (d) If the environmental assessment reveals that the research may 
have a significant impact on the environment, an EIS must be prepared. 
The appropriate program official may make a determination that an EIS is 
necessary without preparing a formal environmental assessment. This 
determination may be made by applying the criteria for preparation of an 
EIS in Sec. 6.706.