[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: 40CFR6.505] [Page 104-105] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 6_PROCEDURES FOR IMPLEMENTING THE REQUIREMENTS OF THE COUNCIL ON Subpart E_Environmental Review Procedures for Wastewater Treatment Construction Grants Program Sec. 6.505 Categorical exclusions. (a) General. At the request of an existing Step 1 facilities planning grantee or of a potential Step 3 or Step 2+3 grant applicant, the responsible official, as provided for in Sec. Sec. 6.107(b), 6.400(f) and 6.504(a), shall determine from existing information and document whether an action is consistent with the categories eligible for exclusion from NEPA review identified in Sec. 6.107(d) or Sec. 6.505(b) and not inconsistent with the criteria in Sec. 6.107(e) or Sec. 6.505(c). (b) Specialized categories of actions eligible for exclusion. For this subpart, eligible actions consist of any of the categories in Sec. 6.107(d), or: (1) Actions for which the facilities planning is consistent with the category listed in Sec. 6.107(d)(1) which do not affect the degree of treatment or capacity of the existing facility including, but not limited to, infiltration and inflow corrections, grant-eligible replacement of existing mechanical equipment or structures, and the construction of small structures on existing sites; (2) Actions in sewered communities of less than 10,000 persons which are for minor upgrading and minor expansion of existing treatment works. This category does not include actions that directly or indirectly involve the extension of new collection systems funded with Federal or other sources of funds; (3) Actions in unsewered communities of less than 10,000 persons where on-site technologies are proposed; or (4) Other actions are developed in accordance with Sec. 6.107(f). (c) Specialized Criteria for not granting a categorical exclusion. (1) The full environmental review procedures of this part must be followed if undertaking an action consistent with the categories described in paragraph (b) of this section meets any of the criteria listed in Sec. 6.107(e) or when: (i) The facilities to be provided will (A) create a new, or (B) relocate an existing, discharge to surface or ground waters; (ii) The facilities will result in substantial increases in the volume of discharge or the loading of pollutants from an existing source or from new facilities to receiving waters; or (iii) The facilities would provide capacity to serve a population 30% greater than the existing population. (d) Proceeding with grant awards. (1) After a categorical exclusion on a proposed treatment works has been granted, and notices published in accordance with Sec. 6.400(f), grant awards may proceed without being subject to any further environmental review requirements under this part, unless the responsible official later determines that the project, or the conditions at the time the categorical determination was made, have changed significantly since the independent EPA review of information submitted by the grantee in support of the exclusion. (2) For all categorical exclusion determinations: (i) That are five or more years old on projects awaiting Step 2+3 or Step 3 grant funding, the responsible official shall re-evaluate the project, environmental conditions and public views and, prior to grant award, either: (A) Reaffirm--issue a public notice reaffirming EPA's decision to proceed with the project without need for any further environmental review; (B) Supplement--update the information in the decision document on the categorically excluded project and prepare, issue, and distribute a revised notice in accordance with Sec. 6.107(f); or (C) Reassess--revoke the categorical exclusion in accordance with Sec. 6.107(c) and require a complete environmental review to determine the need for an EIS in accordance with Sec. 6.506, followed [[Page 105]] by preparation, issuance and distribution of an EA/FNSI or EIS/ROD. (ii) That are made on projects that have been awarded a Step 2+3 grant, the responsible official shall, at the time of plans and specifications review under Sec. 35.2202(b) of this title, assess whether the environmental conditions or the project's anticipated impact on the environment have changed and, prior to plans and specifications approval, advise the Regional Administrator if additional environmental review is necessary. [50 FR 26317, June 25, 1985, as amended at 51 FR 32611, Sept. 12, 1986]