§ 6.510 Criteria for preparation of environmental impact statements.

In addition to considering the criteria in § 6.200, the Regional Administrator shall assure that an EIS will be prepared on a treatment works facilities plan, 208 plan or other appropriate water quality management plan when:

(a) The treatment works or plan will induce significant changes (either absolute changes or increases in the rate of change) in industrial, commercial, agricultural, or residential land use concentrations or distributions. Factors that should be considered in determining if these changes are significant include but are not limited to: the vacant land subject to increased development pressure as a result of the treatment works; the increases in population which may be induced; the faster rate of change of population; changes in population density; the potential for overloading sewage treatment works; the extent to which landowners may benefit from the areas subject to increased development; the nature of land use regulations in the affected area and their potential effects on development; and deleterious changes in the availability or demand for energy.

(b) Any major part of the treatment works will be located on productive wetlands or will have significant adverse effects on wetlands, including secondary effects.

(c) Any major part of the treatment works will be located on or significantly affect the habitat of wildlife on the Department of Interior's threatened and endangered species lists.

(d) Implementation of the treatment works or plan may directly cause or induce changes that significantly:

(1) Displace population;

(2) Deface an existing residential area; or

(a) Environmental assessment. An adequate environmental assessment must be an integral, though identifiable, part of any facilities or section 208 plan submitted to EPA. (See § 6.202 for a general description.) The information in the facilities plan, particularly the environmental assessment, will provide the substance of an EIS and shall be submitted by the applicant. The analyses that constitute an adequate environmental assessment shall include:

(1) Description of the existing environment without the project. This shall include for the delineated planning area a description of the present environmental conditions relevant to the analysis of alternatives or determinations of the environmental impacts of the proposed action. The description shall include, but not be limited to, discussions of whichever areas are applicable to a particular study: surface and groundwater quality; water supply and use; general hydrology; air quality; noise levels, energy production and consumption; land use trends; population projections, wetlands, floodplains, coastal zones and other environmentally sensitive areas; historic and archaeological sites; other related Federal or State projects in the area; and plant and animal communities which may be affected, especially those containing threatened or endangered species.

(2) Description of the future environment without the project. The future environmental conditions with the no project alternative shall be forecast, covering the same areas listed in § 6.512 (a) (1).

(3) Documentation. Sources of information used to describe the existing environment and to assess future environmental impacts should be documented. These sources should include regional, State and Federal agencies with responsibility or interest in the types of impacts

66-002-76- -6

listed in § 6.512(a)(1). In particular, the following agencies should be consulted:

(i) Local and regional land use planning agencies for assessments of land use trends and population projections, especially those affecting size, timing, and location of facilities, and planning activities funded under section 701 of the Housing and Community Development Act of 1974 (Pub. L. 93-383);

(ii) The HUD Regional Office if a project involves a flood risk area identified under the Flood Disaster Protection Act of 1973 (Pub. L. 93-234);

(iii) The State coastal zone management agency, if a coastal zone is affected;

(iv) The Secretary of the Interior or Secretary of Agriculture, if a wild and scenic river is affected;

(v) The Secretary of the Interior or Secretary of Commerce, if a threatened or endangered species is affected;

(vi) The Fish and Wildlife Service (Department of Interior), the Department of Commerce, and the U.S. Army Corps of Engineers, if a wetland is affected.

(4) Evaluation of alternatives. This discussion shall include a comparative analysis of feasible options and a systematic development of wastewater treatment alternatives. The alternatives shall be screened with respect to capital and operating costs; significant primary and secondary environmental effects; physical, legal or institutional constraints; and whether or not they meet regulatory requirements. Special attention should be given to long term impacts, irreversible impacts and induced impacts such as development. The reasons for rejecting any alternatives shall be presented in addition to any significant environmental benefits precluded by rejection of an alternative. The analysis should consider, when relevant to the project:

(i) Flow and waste reduction measures, including infiltration/inflow reduction;

(ii) Alternative locations, capacities, and construction phasing of facilities;

(iii) Alternative waste management techniques, including treatment and discharge, wastewater reuse and land application:

(iv) Alternative methods for disposal of sludge and other residual waste, including process options and final disposal options;

(v) Improving effluent quality through more efficient operation and mainte

nance;

(vi) For assessments associated with section 208 plans, the analysis of options shall include in addition:

(A) Land use and other regulatory controls, fiscal controls, non-point source controls, and institutional arrangements; and

(B) Land management practices.

(5) Environmental impacts of the proposed action. Primary and secondary impacts of the proposed action shall be described, giving special attention to unavoidable impacts, steps to mitigate adverse impacts, any irreversible or irretrievable commitments of resources to the project and the relationship between local short term uses of the environment and the maintenance and enhancement of long term productivity. See § 6.304 (c), (d), (e), and (f) for an explanation of these terms and examples. The significance of land use impacts shall be evaluated, based on current population of the planning area; design year population for the service area; percentage of the service area currently vacant; and plans for staging facilities. Special attention should be given to induced changes in population patterns and growth, particularly if a project involves some degree of regionalization. In addition to these items, the Regional Administrator may require that other analyses and data, which he determines are needed to comply with NEPA, be included with the facilities or section 208 plan. Such requirements should be discussed during preapplication conferences. The Regional Administrator also may require submission of supplementary information either before or after a step 2 grant or before a step 3 grant award if he determines it is needed for compliance with NEPA. Requests for supplementary information shall be made in writing.

(6) Steps to minimize adverse effects. This section shall describe structural and nonstructural measures, if any, in the facilities plan to mitigate or eliminate significant adverse effects on the human and natural environments. Structural provisions include changes in facility design, size, and location; nonstructural provisions include staging facilities as well as developing and enforcing land

use regulations and environmentally protective regulations.

(b) Public hearing. The applicant shall hold at least one public hearing before a facilities plan is adopted, unless waived by the Regional Administrator before completion of the facilities plan according to § 35.917-5 of the Title II construction grants regulations. Hearings should be held on section 208 plans. A copy of the environmental assessment should be available for public review before the hearing and at the hearing, since these hearings provide an opportunity to accept public input on the environmental issues associated with the facilities plan or the 208 water quality management strategy. In addition, a Regional Administrator may elect to hold an EPA hearing if environmental issues remain unresolved. EPA hearings shall be held according to procedures in § 6.402.

(c) Environmental review. An environmental review of a facilities plan or section 208 plan shall be conducted according to the procedures in § 6.204 and applying the criteria of § 6.510. If deficiencies exist in the environmental assessment, they shall be identified in writing by the Regional Administrator and must be corrected before the plan can be approved.

(d) Additional procedures. (1) Historic and archaeological sites. If a facilities or section 208 plan may affect properties with historic, architectural, archaeological or cultural value which are listed in or eligible for listing in the National Register of Historic Places or may cause irreparable loss or destruction of significant scientific, prehistoric, historic or archaeological data, the applicant shall follow the procedures in § 6.214(a).

(2) If the facilities or section 208 plan may affect wetlands, floodplains, coastal zones, wild and scenic rivers, fish or wildlife, the Regional Administrator shall follow the appropriate procedures described in § 6.214(b).

(e) Notice of intent. The notice of intent on a facilities plan or section 208 plan shall be issued according to § 6.206.

(f) Scope of EIS. It is the Regional Administrator's responsibility to determine the scope of the EIS. He should determine if an EIS should be prepared on a facilities plan(s) or section 208 plan and which environmental areas should

be discussed in greatest detail in the EIS. Once an EIS has been prepared for the designated section 208 area, another need not be prepared unless the significant impacts of individual facilities or other plan elements were not adequately treated in the EIS. The Regional Administrator should document his decision not to prepare an EIS on individual facilities.

(g) Negative declaration. A negative declaration on a facilities plan or section 208 plan shall be prepared according to § 6.212. Once a negative declaration and environmental appraisal have been prepared for the facilities plan for a certain area, grant awards may proceed without preparation of additional negative declarations, unless the project has changed significantly from that described in the facilities plan.

§ 6.514 Content of environmental impact statements.

EIS's for treatment works or plans shall be prepared according to § 6.304. Subpart F-Guidelines for Compliance With NEPA in Research and Development Programs and Activities § 6.600

Purpose.

This subpart amplifies the general EPA policies and procedures described in Subparts A through D by providing procedures for compliance with NEPA on actions undertaken by the Office of Research and Development (ORD). § 6.602 Definitions.

(a) "Work plan." A document which defines and schedules all projects required to fulfill the objectives of the program plan.

(b) "Program plan." An overall planning document for a major research area which describes one or more research objectives, including outputs and target completion dates, as well as person-year and dollar resources.

(c) "Appropriate program official." The official at each decision level within ORD to whom the Assistant Administrator delegates responsibility for NEPA compliance.

(d) "Exemption certification." A certified statement delineating those actions specifically exempted from NEPA compliance by existing legislation.

§ 6.604 Applicability.

The requirements of this subpart are applicable to administrative actions undertaken to approve program plans, work plans, and projects, except those plans and projects excluded by existing legislation. However, no administrative actions are excluded from the additonal procedures in § 6.214 concerning historic sites, wetlands, coastal zones, wild and scenic rivers, floodplains or fish and wildlife. § 6.608

Criteria for determining when to prepare EIS's.

(a) An EIS shall be prepared by ORD when any of the criteria in § 6.200 apply or when:

(1) The action will have significant adverse impacts on public parks, wetlands, floodplains, coastal zones, wildlife habitats, or areas of recognized scenic or recreational value.

(2) The action will significantly deface an existing residential area.

(3) The action may directly or through induced development have a significant adverse effect upon local ambient air quality, local ambient noise levels, surface or groundwater quality; and fish, wildlife or their natural habitats.

(4) The treated effluent is being discharged into a body of water where the present classification is being challenged as too low to protect present or recent uses, and the effluent will not be of sufficient quality to meet the requirements of these uses.

(5) The project consists of field tests involving the introduction of significant quantities of: Toxic or polluting agricultural chemicals, animal wastes, pesticides, radioactive materials, or other hazardous substances into the environment by ORD, its grantees or its contractors.

(6) The action may involve the introduction of species or subspecies not indigenous to an area.

(7) There is a high probability of an action ultimately being implemented on a large scale, and this implementation may result in significant environmental impacts.

(8) The project involves commitment to a new technology which is significant and may restrict future viable alternatives.

(b) An EIS will not usually be needed when:

(1) The project is conducted completely within a laboratory or other facility, and external environmental effects have been minimized by methods for disposal of laboratory wastes and safeguards to prevent hazardous materials entering the environment accidentally;

or

(2) The project is a relatively small experiment or investigation that is part of a non-Federally funded activity of the private sector, and it makes no significant new or additional contribution to existing pollution.

§ 6.610 Procedures for compliance with NEPA.

EIS related activities for compliance with NEPA will be integrated into the decision levels of ORD's research planning system to assure managerial control. This control includes those administrative actions which do not come under the applicability of this subpart by assuring that they are made the subject of an exemption certification and filed with the Office of Public Affairs (OPA). ORD's internal procedures provide details for NEPA compliance.

(a) Environmental assessment. (1) Environmental assessments shall be submitted with all grant applications and all unsolicited contract proposals. The assessment shall contain the same information required for EIS's in § 6.304. Copies of § 6.304 (or more detailed guidance when available) and a notice of the requirement for assessment shall be included in all grant application kits and attached to letters concerning the submission of unsolicited proposals.

(2) In the case of competitive contracts, assessments need not be submitted by potential contractors since the NEPA procedures must be completed before a request for proposal (RFP) is issued. If there is a question concerning the need for an assessment, the potential contractor should contact the official responsible for the contract.

(b) Environmental review. (1) At the start of the planning year, an environmental review will be performed for each program plan with its supporting substructures (work plans and projects) before incorporating them into the ORD program planning system, unless they

are excluded from review by existing legislation. This review is an evaluation of the potentially adverse environmental effects of the efforts required by the program plan. The criteria in § 6.608 shall be used in conducting this review. Each program plan with its supporting substructures which does not have significant adverse impacts may be dismissed from further current year environmental considerations with a single negative declaration. Any supporting substructures of a program plan which cannot be dismissed with the parent plan shall be reviewed at the appropriate subordinate levels of the planning system for NEPA compli

ance.

(i) All continuing program plans and supporting substructures, including those previously dismissed from consideration, will be reevaluted annually for NEPA compliance. An environmental review will coincide with the annual planning cycle and whenever a major redirection of a parent plan is undertaken. All NEPA-associated documents will be updated as appropriate.

(ii) All approved program plans and supporting substructures, less budgetary data, will be filed in the OPA with a notice of intent or negative declaration and environmental appraisal.

(iii) Later plans and/or projects, added to fulfill the mission objectives but not identified at the time the program plans were approved, will be subjected to the same NEPA requirements for environmental assessments and/or reviews.

(iv) Those projects subjected to environmental assessments as outlined in paragraph (a) of this section and not exempt under existing legislation also shall undergo an environmental review before work begins. (c) Notice of intent and EIS. (1) If the reviews conducted according to paragraph (b) of this section reveal a potentially significant adverse effect on the environment and the adverse impact cannot be eliminated by replanning, the appropriate program official shall, after making sure the project is to be funded, issue a notice of intent according to § 6.206, and through proper organizational channels, shall request the Regional Administrator to assist him in the preparation and distribution of the EIS.

(2) As soon as possible after release of the notice of intent, the appropriate program official shall prepare a draft EIS using the criteria in Subpart B, § 6.208 and Subpart C. Through proper organizational channels, he shall request the Regional Administrator to assist him in the preparation and distribution of the draft EIS.

(3) The appropriate program official shall prepare final EIS's according to criteria in Subpart B, § 6.210 and Subpart C.

(4) All draft and final EIS's shall be sent through the proper organizational channels to the Assistant Administrator for ORD for approval. The approved statements then will be distributed according to the procedures in Appendix C. (d) Negative declaration and environmental impact appraisal. If an environmental review conducted according to paragraph (b) of this section reveals that proposed actions will not have significant adverse environmental impacts, the appropriate program official shall prepare a negative declaration and environmental impact appraisal according to Subpart B, § 6.212. Upon assurance that the program will be funded, the appropriate program official shall distribute the negative declaration as described in § 6.212 and make copies of the negative declaration and appraisal available in the OPA.

(e) Project start. As required by § 6. 108, a contract or grant shall not be awarded for an extramural project, nor for continuation of what was previously an intramural project, until at least fifteen (15) working days after a negative declaration has been issued or thirty (30) days after forwarding the final EIS to the Council on Environmental Quality. Subpart G-Guidelines for Compliance With NEPA in Solid Waste Management Activities