[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: 40CFR6.904]

[Page 131-132]
 
                   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 I_Environmental Review Procedures for EPA Facility Support 
                               Activities
 
Sec. 6.904  Environmental review process.

    (a) Environmental review. (1) An environmental review shall be 
conducted when the program of requirements or scope of work has been 
completed for the construction, improvements, or modification of special 
purpose facilities. For special purpose facility construction, the 
Chief, Facilities Engineering and Real Estate Branch, shall request the 
assistance of the appropriate program office and Regional Administrator 
in the review. For modifications and improvement, the appropriate 
responsible official shall request assistance in making the review from 
other cognizant EPA offices.
    (2) Any environmental information documents requested shall contain 
the same sections listed for EISs in subpart B. Contractors and 
consultants shall be notified in contractual documents when an 
environmental information document must be prepared.
    (b) Notice of intent, EIS, and FNSI. The responsible official shall 
decide at the completion of the Environmental review whether there may 
be any significant environmental impacts. If there could be significant 
environmental impacts, a notice of intent and an EIS shall be prepared 
according to the procedures under subparts A, B, C and D. If there are 
not any significant environmental impacts, a FNSI shall be prepared 
according to the procedures in subparts A and D. The FNSI shall list

[[Page 132]]

any mitigation measures necessary to make the recommended alternative 
environmentally acceptable.
    (c) Timing of action. Pursuant to Sec. 6.401(b), in no case shall a 
contract be awarded or construction activities begun until the 
prescribed 30-day wait period for a final EIS has elapsed. Similarly, 
under Sec. 6.400(d), no action shall be taken until the 30-day comment 
period for FNSIs is completed.