[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: 40CFR6.105]

[Page 91]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON 
 
                            Subpart A_General
 
Sec. 6.105  Synopsis of environmental review procedures.

    (a) Responsible official. The responsible official shall utilize a 
systematic, interdisciplinary approach to integrate natural and social 
sciences as well as environmental design arts in planning programs and 
making decisions which are subject to environmental review. The 
respective staffs may be supplemented by professionals from other 
agencies (see 40 CFR 1501.6) or consultants whenever in-house 
capabilities are insufficiently interdisciplinary.
    (b) Environmental information documents (EID). Environmental 
information documents (EIDs) must be prepared by applicants, grantees, 
or permittees and submitted to EPA as required in subparts E, F, G, H, 
and I. EIDs will be of sufficient scope to enable the responsible 
official to prepare an environmental assessment as described under Sec. 
6.105(d) of this part and subparts E through I. EIDs will not have to be 
prepared for actions where a categorical exclusion has been granted.
    (c) Environmental reviews. Environmental reviews shall be conducted 
on the EPA activities outlined in Sec. 6.102 of this part and set forth 
under subparts E, F, G, H and I. This process shall consist of a study 
of the action to identify and evaluate the related environmental 
impacts. The process shall include a review of any related environmental 
information document to determine whether any significant impacts are 
anticipated and whether any changes can be made in the proposed action 
to eliminate significant adverse impacts; when an EIS is required, EPA 
has overall responsibility for this review, although grantees, 
applicants, permittees or contractors will contribute to the review 
through submission of environmental information documents.
    (d) Environmental assessments. Environmental assessments (i.e., 
concise public documents for which EPA is responsible) are prepared to 
provide sufficient data and analysis to determine whether an EIS or 
finding of no significant impact is required. Where EPA determines that 
a categorical exclusion is appropriate or an EIS will be prepared, there 
is no need to prepare a formal environmental assessment.
    (e) Notice of intent and EISs. When the environmental review 
indicates that a significant environmental impact may occur and 
significant adverse impacts can not be eliminated by making changes in 
the project, a notice of intent to prepare an EIS shall be published in 
the Federal Register, scoping shall be undertaken in accordance with 40 
CFR 1501.7, and a draft EIS shall be prepared and distributed. After 
external coordination and evaluation of the comments received, a final 
EIS shall be prepared and disseminated. The final EIS shall list any 
mitigation measures necessary to make the recommended alternative 
environmentally acceptable.
    (f) Finding of no significant impact (FNSI). When the environmental 
review indicates no significant impacts are anticipated or when the 
project is altered to eliminate any significant adverse impacts, a FNSI 
shall be issued and made available to the public. The environmental 
assessment shall be included as a part of the FNSI. The FNSI shall list 
any mitigation measures necessary to make the recommended alternative 
environmentally acceptable.
    (g) Record of decision. At the time of its decision on any action 
for which a final EIS has been prepared, the responsible official shall 
prepare a concise public record of the decision. The record of decision 
shall describe those mitigation measures to be undertaken which will 
make the selected alternative environmentally acceptable. Where the 
final EIS recommends the alternative which is ultimately chosen by the 
responsible official, the record of decision may be extracted from the 
executive summary to the final EIS.
    (h) Monitoring. The responsible official shall provide for 
monitoring to assure that decisions on any action where a final EIS has 
been prepared are properly implemented. Appropriate mitigation measures 
shall be included in actions undertaken by EPA.

[44 FR 64177, Nov. 6, 1979, as amended at 50 FR 26315, June 25, 1985; 51 
FR 32610, Sept. 12, 1986]

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