[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: 40CFR6.508] [Page 107-108] 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. 6.508 Finding of No Significant Impact (FNSI) determination. (a) Criteria for producing and distributing FNSIs. If, after completion of the environmental review, EPA determines that an EIS will not be required, the responsible official shall issue a FNSI in accordance with Sec. Sec. 6.105(f) and 6.400(d). The FNSI will be based on EPA's independent review of the preliminary environmental assessment [[Page 108]] and any other environmental information deemed necessary by the responsible official consistent with the requirements of Sec. 6.506(c). Following the Agency's independent review, the environmental assessment will be finalized and either be incorporated into, or attached to, the FNSI. The FNSI shall list all mitigation measures as defined in Sec. 1508.20 of this title, and specifically identify those mitigation measures necessary to make the recommended alternative environmentally acceptable. (b) Proceeding with grant awards. (1) Once an environmental assessment has been prepared and the issued FNSI becomes effective for the treatment works within the study area, grant awards may proceed without preparation of additional FNSIs, unless the responsible official later determines that the project or environmental conditions have changed significantly from that which underwent environmental review. (2) For all environmental assessment/FNSI 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 revising the environmental assessment; (B) Supplement--update information and prepare, issue and distribute a revised EA/FNSI in accordance with Sec. Sec. 6.105(f) and 6.400(d); or (C) Reassess--withdraw the FNSI and publish a notice of intent to produce an EIS followed by the preparation, issuance and distribution of the 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. [51 FR 32612, Sept. 12, 1986]