versities, and other non-EPA agencies and organizations.

"Registration cffice" means any of the several offices in EPA which have been designated to receive applications for attendance at direct training courses. (See 5.4 for a listing of such courses.) § 5.3 Schedule of fees.

Tuition fees for direct training will be established within the range of $15 to $70 per training day depending upon whether the course is predominantly a laboratory, lecture, or survey course, or a course with other similar variables. Each cognitive program and regional office will announce the tuition fee at the time the date for offering the course is announced. As a transition easement, tuition fees for all State and local government employees are established at a maximum of $25 per training day regardless of type of course until July 1, 1974. After that date they are to pay the full fee. Charges for field courses taught by EPA instructors are for actual expenses on a per course basis. Complete tuition fee schedules may be obtained from the registration offices listed in § 5.4. Tuition fees will be subject to change either upward or downward, based on actual experience under the system. § 5.4

Registration offices.

Direct training programs are offered by both EPA national program offices and regional EPA offices. Listed in this Section are the EPA national program offices and regional offices to which applications are to be sent. The proper registration office may be determined from the specific course announcement.

NATIONAL PROGRAM OFFICES

AIR PROGRAM

Direct Training Registration Office, Office of Air Programs, Research Triangle Park, North Carolina 27717.

WASTE WATER TREATMENT PROGRAM Direct Training Registration Office, National Training Center, Robert A. Taft Sanitary Engineering Center, Environmental Protection Agency, 4676 Columbia Parkway, Cincinnati, Ohio 45226.

WATER SUPPLY TREATMENT PROGRAM Direct Training Registration Office, Environmental Protection Agency, 4676 Columbia Parkway, Cincinnati, Ohio 45226.

SOLID WASTES MANAGEMENT PROGRAM U.S. Environmental Protection Agency, Office of Solid Waste Management Programs, Washington, D.C. 20460.

RADIATION PROGRAM

U.S. Environmental Protection Agency, Office of Radiation Programs, Washington, D.C. 20460.

PESTICIDES PROGRAM

U.S. Environmental Protection Agency, Office of Pesticides Programs, Washington, D.C. 20460.

REGIONAL EPA OFFICES

EPA, Regional Manpower Office, Region I, JFK Federal Building-Room 2303, Boston, Massachusetts 02203.

EPA, Regional Manpower Office, Region II, 26 Federal Plaza, Room 845D, New York, New York 10007.

EPA, Regional Manpower Office, Region III, Sixth and Walnut Streets, Philadelphia, Pennsylvania 19106

EPA, Regional Manpower Office, Region IV, 1421 Peachtree Street, NE., 4th floor, Atlanta, Georgia 30309,

EPA, Regional Manpower Office, Region V, 1 North Wacker Drive, Chicago, Illinois 60606. EPA, Regional Manpower Office, Region VI, 1600 Patterson, Suite 1100, Dallas, Texas 75201.

EPA, Regional Manpower Office, Region VII, Room 249, 1735 Baltimore Avenue, Kansas City, Missouri 64108.

EPA, Regional Manpower Office, Region VIII, Suite 900, 1860 Lincoln Street, Denver, Colorado 80203.

EPA, Regional Manpower Office, Region IX, 100 California Street, San Francisco, California 94111.

EPA, Regional Manpower Office, Region X, 1200 Sixth Avenue, Seattle, Washington 98101.

§ 5.5 Procedure for payment.

Applications for direct training courses shall be completed and submitted in accordance with the instructions issued by the respective national program and/or regional offices. Fee payment in the amount indicated by the course announcement shall accompany completed applications (except in the case of waiver requests as described in § 5.75). All applications for field courses will be submitted in a timely manner by the sponsoring agency. Expenses will be noted and charges assessed the sponsoring agency after the course is conducted. The charge will be payable upon submission. All applicants shall make payment by check, payable to the U.S. Environmental Protection Agency, except applicants from Federal, State, and local agencies may send a purchase order of other ac

Waivers of the full tuition fee may be granted on a limited basis. Each waiver request must be justified and considered by cognitive EPA units on: (a) severity of the pollution problem in the area in which the applicant employee is working; (b) bona-fide administrative or legal constraints of the applicant agency to pay the reduced fee; (c) service, resulting from the training that will be provided as a benefit to the Federal Government. No waivers will be granted for field courses. Waivers are provided as a transitional easement for exceptional cases and will not be granted after July 1, 1975. § 5.8 Appeal of waiver denial.

Waiver denials may be appealed to the Office of Education and Manpower Planning, Washington, D.C. 20460, to adjudicate and expedite agency review. Appeal submissions should include copies of original application and justification for waiver, EPA registration office denial correspondence, and other pertinent information supporting the request for waiver.

Criteria for determining when to pre

pare environmental impact statements.

6.610 Procedures for compliance with NEPA. Subpart G-Guidelines for Compliance With NEPA in Solid Waste Management Activities Purpose.

6.700 6.702

Criteria for the preparation of environmental assessments and EIS's. 6.704 Procedures for compliance with NEPA.

Subpart H-Guidelines for Compliance With NEPA in Construction of Special Purpose Facilities and Facility Renovations

6.800

6.802

6.804

6.808

Purpose.

Definitions. Applicability.

Criteria for the preparation of environmental assessments and EIS's. 6.810 Procedures for compliance with NEPA.

EXHIBITS

1. (Page 1.) Notice of Intent Transmittal Memorandum Suggested Format.

(Page 2.) Notice of Intent Suggested Format.

2. Public Notice and News Release Suggested Format.

3. Negative Declaration Suggested Format. 4. Environmental Impact Appraisal Suggested Format.

5. Cover Sheet Format for Environmental Impact Statements.

6. Summary Sheet Format for Environmental Impact Statements.

7. Flowchart for Solid Waste Management Program Operations.

Appendix A-Checklist for Environmental Reviews.

Appendix B-Responsibilities.

Appendix C-Availability and Distribution of Documents.

Authority: Secs. 102, 103 of 83 Stat. 854 (42 U.S.C. 4321 et seq.)

SOURCE: 40 FR 16815, Apr. 14, 1975, unless otherwise noted.

Subpart A—General

§ 6.100 Purpose and policy.

(a) The National Environmental Policy Act (NEPA) of 1969, implemented by Executive Order 11514 and the Council on Environmental Quality's (CEQ's) Guidelines of August 1, 1973 (38 FR 20550), requires that all agencies of the Federal Government prepare detailed environmental impact statements on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. NEPA requires that agencies include in the decision-making process appropriate and careful consideration of all environmental effects of proposed actions, explain potential environmental effects of proposed actions and their aternatives for public understanding, avoid or minimize adverse effects of proposed actions and restore or enhance environmental quality as much as possible.

(b) This part establishes Environmental Protection Agency (EPA) policy and procedures for the identification and analysis of the environmental impacts of EPA nonregulatory actions and the preparation and processing of environmental impact statements (EIS's) when significant impacts on the environment are anticipated.

§ 6.102 Definitions.

(a) "Environmental assessment" is a written analysis submitted to EPA by its grantees or contractors describing the environmental impacts of proposed actions undertaken with the financial support of EPA. For facilities or section 208 plans as defined in § 6.102 (j) and (k), the assessment must be an integral, though identifiable, part of the plan submitted to EPA for review.

(b) "Environmental review" is a formal evaluation undertaken by EPA to determine whether a proposed EPA action may have a significant impact on the environment. The environmental assessment is one of the major sources of information used in this review.

(c) "Notice of intent" is a memorandum, prepared after the environmental review, announcing to Federal, regional, State, and local agencies, and to interested persons, that a draft EIS will be prepared.

(d) "Environmental impact statement" is a report, prepared by EPA, which identifies and analyzes in detail the environmental impacts of a proposed EPA action and feasible alternatives.

(e) "Negative declaration" is a written announcement, prepared after the environmental review, which states that EPA has decided not to prepare an EIS and summarizes the environmental impact appraisal.

(f) "Environmental impact appraisal" is based on an environmental review and supports a negative declaration. It describes a proposed EPA action, its expected environmental impact, and the basis for the conclusion that no significant impact is anticipated.

documents"

(g) "NEPA-associated are any one or combination of: notices of intent, negative declarations, exemption certifications, environmental impact appraisals, news releases, EIS's, and environmental assessments.

(h) "Responsible official" is an Assistant Administrator, Deputy Assistant Administartor, Regional Administrator or their designee.

(i) "Interested persons" are individuals, citizen groups, conservation organizations, corporations, or other nongovernmental units, including applicants for EPA contracts or grants, who may be interested in, affected by, or technically competent to comment on the environmental impacts of the proposed EPA action.

(j) "Section 208 plan" is an areawide waste treatment management plan prepared under section 208 of the Federal Water Pollution Control Act (FWPCA), as amended, under 40 CFR Part 126 and 40 CFR Part 35, Subpart F.

(k) “Facilities plan" is a preliminary plan prepared as the basis for construction of publicly owned waste treatment works under Title II of FWPCA, as amended, under § 35.917 of this chapter.

(1) "Intramural project" is an inhouse project undertaken by EPA personnel.

(m) "Extramural project" is a project undertaken by grant or contract.

§ 6.104 Summary of procedures for implementing NEPA.

(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 NEPA review. His staff may be supplemented by professionals from other agencies, universities or consultants whenever in-house capabilities are insufficiently interdisciplinary.

(b) Environmental assessment. Environmental assessments must be submitted to EPA by its grantees and contractors, as required in Subparts E, F, G, and H of this part. The assessment is used by EPA to decide if an EIS is required and to prepare one if necessary.

(c) Environmental review. Environmental reviews shall be made of proposed and certain ongoing EPA actions as required in § 6.106(c). This process shall consist of a study of the action to identify and evaluate the environmental impacts of the action. Types of grants, contracts and other actions requiring study are listed in the subparts following Subpart D of this part. The process shall include a review of any environmental assessment received to determine whether any significant impacts are anticipated, whether any changes can be made in the proposed action to eliminate significant adverse impacts, and whether an EIS is required. EPA has overall responsibility for this review, although its grantees and contractors will contribute to the review through their environmental assessments.

(d) Notice of intent and EIS's. When an environmental review indicates that a significant environmental impact may occur and the significant adverse impacts cannot be eliminated by making changes in the project, a notice of intent shall be published, 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 distributed. EIS's should be prepared first on those proposed actions with the most adverse effects which are scheduled for earliest implementation and on other proposed actions according

to priorities assigned by the responsible official.

(e) Negative declaration and environmental impact appraisal. When the environmental review indicates no significant impacts are anticipated or when the project is changed to eliminate the significant adverse impacts, a negative declaration shall be issued. For the cases in Subparts E, F, G, and H of this part, an environmental impact appraisal shall be prepared which summaries the impacts, alternatives and reasons an EIS was not prepared. It shall remain on file and be available for public inspection. § 6.106 Applicability.

(a) Administrative actions covered. This part applies to the administrative actions listed below. The subpart referenced with each action lists the detailed NEPA procedures associated with the action. Administrative actions are:

(1) Development of EPA legislative proposals;

(2) Development of favorable reports on legislation initiated elsewhere and not accompanied by an EIS, when they relate to or affect matters within EPA's primary areas of responsibility;

(3) For the programs under Title II of FWPCA, as amended, those administrative actions in § 6.504;

(4) For the Office of Research and Development, those administrative actions in § 6.604;

(5) For the Office of Solid Waste Management Programs, those administrative actions in § 6.702;

(6) For construction of special purpose facilities and facility renovations, those administrative actions in § 6.804; and

(7) Development of an EPA project in conjunction with or located near a project or complex of projects started by one or more Federal agencies when the cumulative effects of all the projects will be major allocations of resources or foreclosures of future land use options.

(b) Administrative actions excluded. The requirements of this part do not apply to environmentally protective regulatory activities undertaken by EPA, nor to projects exempted in § 6.504, § 6.604, and § 6.702.

(c) Application to ongoing actions. This regulation shall apply to uncompleted and continuing EPA actions initiated before the promulgation of these procedures when modifications of or alternatives to the EPA action are still

available, except for the Title II construction grants program. Specific application for the construction grants program is in § 6.504 (c). An EIS shall be prepared for each project found to have significant environmental effects as described in § 6.200.

(d) Application to legislative proposals. (1) As noted in paragraphs (a) (1) and (2) of this section, EIS's or negative declarations shall be prepared for legislative proposals or favorable reports relating to legislation which may significantly affect the environment. Because of the nature of the legislative process, EIS's for legislation must be prepared and reviewed according to the procedures followed in the development and review of the legislative matter. These procedures are described in Office of Management and Budget (OMB) Circular No. A-19.

(2) A working draft EIS shall be prepared by the EPA office responsible for preparing the legislative proposal or report on legislation. It shall be prepared concurrently with the development of the legislative proposal or report and shall contain the information required in § 6.304. The EIS shall be circulated for internal EPA review with the legislative proposal or report and other supporting documentation. The working draft EIS shall be modified to correspond with changes made in the proposal or report during the internal review. All major alternatives developed during the formulation and review of the proposal or report should be retained in the working draft EIS.

(i) The working draft EIS shall accompany the legislative proposal or report to OMB. EPA shall revise the working draft EIS to respond to comments from OMB and other Federal agencies.

(ii) Upon transmittal of the legislative proposal or report to Congress, the working draft EIS will be forwarded to CEQ and the Congress as a formal legislative EIS. Copies will be distributed according to procedures described in Appendix C.

(iii) Comments received by EPA on the legislative EIS shall be forwarded to the appropriate Congressional Committees. EPA also may respond to specific comments and forward its responses with the comments. Because legislation undergoes continuous changes in Congress beyond the control of EPA, no final EIS need be prepared by EPA.

(e) Applicability to the A-95 Review Process. Applicants applying for grants covered by these regulations must assure compliance with all applicable requirements of Office of Management and Budget (OMB) Circular A-95, pursuant to 30.305 of this Chapter.

[40 FR 16815, Apr. 14, 1975, as amended at 41 FR 20655, May 20, 1976]

§ 6.108 Completion of NEPA procedures before starting administrative action. (a) No administrative action shall be taken until the environmental review process, resulting in an EIS or a negative declaration with environmental appraisal, has been completed.

(b) When an EIS will be prepared. Except when requested by the responsible official in writing and approved by CEQ, no administrative action shall be taken sooner than ninety (90) calendar days after a draft EIS has been distributed or sooner than thirty (30) calendar days after the final EIS has been made public. If the final text of an EIS is filed within ninety (90) days after a draft EIS has been circulated for comment, furnished to CEQ and made public, the minimum thirty (30) day period and the ninety (90) day period may run concurrently if they overlap. The minimum periods for review and advance availability of EIS's shall begin on the date CEQ publishes the notice of receipt of the EIS in the FEDERAL REGISTER. In addition, the proposed action should be modified to conform with any changes EPA considers necessary before the final EIS is published.

(c) When an EIS will not be prepared. If EPA decides not to prepare an EIS on any action listed in this part for which a negative declaration with environmental appraisal has been prepared, no administrative action shall be taken for at least fifteen (15) working days after the negative declaration is issued to allow public review of the decision. If significant environmental issues are raised during the review period, the decision may be changed and a new environmental appraisal or an EIS may be prepared.