[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR6.1004]

[Page 121-122]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON 
 
   Subpart J_Assessing the Environmental Effects Abroad of EPA Actions
 
Sec. 6.1004  Environmental review and assessment requirements.

    (a) Research and demonstration projects. The appropriate Assistant 
Administrator is responsible for performing the necessary degree of 
environmental review on research and demonstration projects undertaken 
by EPA. If the research or demonstration project affects the environment 
of the global commons, the applicant shall prepare an environmental 
analysis. This will assist the responsible official in determining 
whether an EIS is necessary. If it is determined that the action 
significantly affects the environment of the global commons, then an EIS 
shall be prepared. If the undertaking significantly affects a foreign 
nation EPA shall prepare a unilateral, bilateral or multilateral 
environmental study. EPA shall afford the affected foreign nation or 
international body or organization an opportunity to participate in this 
study. This environmental study shall discuss the need for the action, 
analyze the environmental impact of the various alternatives considered 
and list the agencies and other parties consulted.
    (b) Ocean dumping activities. (1) The Assistant Administrator for 
Water and Waste Management shall ensure the preparation of appropriate 
environmental documents relating to ocean dumping activities in the 
global commons under section 102 of the MPRSA. For ocean dumping site 
designations prescribed pursuant to section 102(c) of the MPRSA and 40 
CFR part 228, EPA shall prepare an environmental impact statement 
consistent with the requirements of EPA's Procedures for the Voluntary 
Preparation of Environmental Impact Statements dated October 21, 1974 
(see 39 FR 37419). Also EPA shall prepare an environmental impact 
statement for the establishment or revision of criteria under section 
102(a) of MPRSA.
    (2) For individual permits issued by EPA under section 102(b) an 
environmental assessment shall be made by EPA. Pursuant to 40 CFR part 
221, the permit applicant shall submit with the application an 
environmental analysis which includes a discussion of the need for the 
action, an outline of alternatives, and an analysis of the environmental 
impact of the proposed action and alternatives consistent with the EPA 
criteria established under section 102(a) of MPRSA. The information 
submitted under 40 CFR part 221 shall be sufficient to satisfy the 
environmental assessment requirement.
    (c) EPA permitting and licensing activities. The appropriate 
Regional Administrator is responsible for conducting concise 
environmental reviews with regard to permits issued under section 3005 
of the Resource Conservation and Recovery Act (RCRA permits), section 
402 of the Clean Water Act (NPDES permits), and section 165 of the Clean 
Air Act (PSD permits), for such actions undertaken by EPA which affect 
the global commons or foreign nations. The information submitted by 
applicants for such permits or approvals under the applicable 
consolidated permit regulations (40 CFR parts 122 and 124) and 
Prevention of Significant Deterioration (PSD) regulations (40 CFR part 
52) shall satisfy the environmental document requirement under section 
2-4(b) of Executive Order 12114. Compliance with applicable requirements 
in part 124 of the consolidated permit regulations (40 CFR part 124) 
shall be sufficient to satisfy the requirements to

[[Page 122]]

conduct a concise environmental review for permits subject to this 
paragraph.
    (d) Wastewater treatment facility planning. 40 CFR 6.506 details the 
environmental review process for the facilities planning process under 
the wastewater treatment works construction grants program. For the 
purpose of these regulations, the facility plan shall also include a 
concise environmental review of those activities that would have 
environmental effects abroad. This shall apply only to the Step 1 grants 
awarded after January 14, 1981, but on or before December 29, 1981, and 
facilities plans developed after December 29, 1981. Where water quality 
impacts identified in a facility plan are the subject or water quality 
agreements with Canada or Mexico, nothing in these regulations shall 
impose on the facility planning process coordination and consultation 
requirements in addition to those required by such agreements.
    (e) Review by other Federal agencies and other appropriate 
officials. The responsible officials shall consult with other Federal 
agencies with relevant expertise during the preparation of the 
environmental document. As soon as feasible after preparation of the 
environmental document, the responsible official shall make the document 
available to the Council on Environmental Quality, Department of State, 
and other appropriate officials. The responsible official with 
assistance from OIA shall work with the Department of State to establish 
procedures for communicating with and making documents available to 
foreign nations and international organizations.

[46 FR 3364, Jan. 14, 1981, as amended at 50 FR 26323, June 25, 1985]