[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: 40CFR6.510]

[Page 108-109]
 
                   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. 6.510  Environmental Impact Statement (EIS) preparation.

    (a) Steps in preparing EISs. In addition to the requirements 
specified in subparts A, B, C, and D of this part, the responsible 
official will conduct the following activities:
    (1) Notice of intent. If a determination is made that an EIS will be 
required, the responsible official shall prepare and distribute a notice 
of intent as required in Sec. 6.105(e) of this part.
    (2) Scoping. As soon as possible, after the publication of the 
notice of intent, the responsible official will convene a meeting of 
affected Federal, State and local agencies, or affected Indian tribes, 
the grantee and other interested parties to determine the scope of the 
EIS. A notice of this scoping meeting must be made in accordance with 
Sec. 6.400(a) and 40 CFR 1506.6(b). As part of the scoping meeting EPA, 
in cooperation with any delegated State, will as a minimum:

[[Page 109]]

    (i) Determine the significance of issues for and the scope of those 
significant issues to be analyzed in depth, in the EIS;
    (ii) Identify the preliminary range of alternatives to be 
considered;
    (iii) Identify potential cooperating agencies and determine the 
information or analyses that may be needed from cooperating agencies or 
other parties;
    (iv) Discuss the method for EIS preparation and the public 
participation strategy;
    (v) Identify consultation requirements of other environmental laws, 
in accordance with subpart C; and
    (vi) Determine the relationship between the EIS and the completion 
of the facilities plan and any necessary coordination arrangements 
between the preparers of both documents.
    (3) Identifying and evaluating alternatives. Immediately following 
the scoping process, the responsible official shall commence the 
identification and evaluation of all potentially viable alternatives to 
adequately address the range of issues identified in the scoping 
process. Additional issues may be addressed, or others eliminated, 
during this process and the reasons documented as part of the EIS.
    (b) Methods for preparing EISs. After EPA determines the need for an 
EIS, it shall select one of the following methods for its preparation:
    (1) Directly by EPA's own staff;
    (2) By EPA contracting directly with a qualified consulting firm;
    (3) By utilizing a third party method, whereby the responsible 
official enters into ``third party agreements'' for the applicant to 
engage and pay for the services of a third party contractor to prepare 
the EIS. Such agreement shall not be initiated unless both the applicant 
and the responsible official agree to its creation. A third party 
agreement will be established prior to the applicant's EID and eliminate 
the need for that document. In proceeding under the third party 
agreement, the responsible official shall carry out the following 
practices:
    (i) In consultation with the applicant, choose the third party 
contractor and manage that contract;
    (ii) Select the consultant based on ability and an absence of 
conflict of interest. Third party contractors will be required to 
execute a disclosure statement prepared by the responsible official 
signifying they have no financial or other conflicting interest in the 
outcome of the project; and
    (iii) Specify the information to be developed and supervise the 
gathering, analysis and presentation of the information. The responsible 
official shall have sole authority for approval and modification of the 
statements, analyses, and conclusions included in the third party EIS; 
or
    (4) By utilizing a joint EPA/State process on projects within States 
which have requirements and procedures comparable to NEPA, whereby the 
EPA and the State agree to prepare a single EIS document to fulfill both 
Federal and State requirements. Both EPA and the State shall sign a 
Memorandum of Agreement which includes the responsibilities and 
procedures to be used by both parties for the preparation of the EIS as 
provided for in 40 CFR 1506.2(c).