[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: 40CFR6.706]

[Page 127-129]
 
                   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. 6.706  Environmental impact statement.

    (a) Criteria for preparation. In performing the environmental 
review, the appropriate program official shall assure that an EIS is 
prepared when any of the conditions under Sec. 6.108 (a) through (g) 
exist or when:
    (1) The proposed action may significantly affect the environment 
through the release of radioactive, hazardous or toxic substances;
    (2) The proposed action, through the release of an organism or 
organisms, may involve environmental effects which are significant;
    (3) The proposed action involves effects upon the environment which 
are likely to be highly controversial;
    (4) The proposed action involves environmental effects which may 
accumulate over time or combine with effects of other actions to create 
impacts which are significant;
    (5) The proposed action involves uncertain environmental effects or 
highly unique environmental risks which may be significant.
    (b) ORD actions which may require preparation of an EIS. There are 
no ORD actions which normally require the preparation of an EIS. 
However, each ORD project will be evaluated using the EIS criteria as 
stated in Sec. 6.706(a) to determine whether an EIS must be prepared.
    (c) Notice of intent. (1) If the environmental review reveals that a 
proposed action may have a significant effect on the environment and 
this effect cannot be eliminated by redirection of the research or other 
means, the appropriate program official shall issue a notice of intent 
to prepare an EIS pursuant to Sec. 6.400(b).

[[Page 128]]

    (2) As soon as possible after release of the notice of intent, the 
appropriate program official shall ensure that a draft EIS is prepared 
in accordance with subpart B and that the public is involved in 
accordance with subpart D.
    (3) Draft and final EISs shall be sent to the Assistant 
Administrator for ORD for approval.
    (4) Pursuant to Sec. 6.401(b), a decision on whether to undertake 
or fund a project must be made in conformance with the time frames 
indicated.
    (d) Record of decision. Before the project is undertaken or funded, 
the appropriate program official shall prepare, in accordance with Sec. 
6.105 (g) and (h), a record of decision in any case where a final EIS 
has been issued.

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TC14NO91.165


[[Page 130]]