be submitted with all grant applications and contract proposals. Studies and investigations do not require assessments. The following sections describe when an assessment is or is not required for other actions:

(1) Grants-(i) Demonstration projects. Environmental assessments must be submitted with all applications for demonstration grants that will involve construction, land use (temporary or permanent), transport, sea disposal, any discharges into the air or water, or any other activity having any direct or indirect effects on the environment external to the facility in which the work will be conducted. Preapplication proposals for these grants will not require environmental assessments.

(li) Training. Grant applications for training of personnel will not require assessments.

(iii) Plans. Grant applications for the development of comprehensive State, interstate, or local solid waste management plans will not require environmental assessments. A detailed analysis of environmental problems and effects should be part of the planning process, however.

(2) Contracts-(i) Sole-source contract proposals. Before a sole-source contract can be awarded, an environmental assessment must be submitted with a bid proposal for a contract which will involve construction, land use (temporary or permanent), sea disposal, any discharges into the air or water, or any other activity that will directly or indirectly affect the environment external to the facility in which the work will be performed.

(ii) Competitive contract proposals. Assessments generally will not be required on competitive contract proposals.

(b) EIS preparation criteria. The responsible official shall conduct an environmental review on those OSWMP projects on which an assesment is required or which may have effects on the environment external to the facility in which the work will be performed. The criteria in § 6.200 shall be utilized in determining whether an EIS need be prepared.

§ 6.704 Procedures for compliance with NEPA.

(a) Environmental assessment. (1) Environmental assessments shall be sub

mitted to EPA according to procedures in § 6.702. If there is a question concerning the need for an assessment, the potential contractor or grantee should conIsult with the appropriate project officer for the grant or contract.

(2) The assessment shall contain the same sections specified for EIS's in $6.304. Copies of § 6.304 (or more detailed guidance when available) and a notice alerting potential grantees and contractors of the assessment requirements in § 6.702 shall be included in all grant application kits, attached to letters concerning the submission of unsolicited proposals, and included with all RFP's. (b) Environmental review. An environmental review will be conducted on all projects which require assessments or which will affect the environment external to the facility in which the work will be performed. This review must be conducted before a grant or contract award is made on an extramural project or before an intramural project begins. The guidelines in § 6.200 will be used to determine if the project will have any significant environmental effects. This review will include an evaluation of the assessment by both the responsible offcial and the appropriate Regional Administrator. The Regional Administrator's comments will include his recommendations on the need for an EIS. No detailed review or documentation is required on projects for which assessments are not required and which will not affect the environment external to a facility.

(c) Notice of intent and EIS. If any of the criteria in § 6.200 apply, the responsible official will assure that a notice of intent and a draft EIS are prepared. The responsible official may request the appropriate Regional Administrator to assist him in the distribution of the NEPA-associated documents. Distribution procedures are listed in Appendix C.

(d) Negative declaration and environmental impact appraisal. If the environmental review indicated no significant environmental impacts, the responsible official will assure that a negative declaration and environmental appraisal are prepared. These documents need not be prepared for projects not requiring an environmental review.

(e) The EIS process for the Office of Solid Waste Management Programs is shown graphically in Exhibit 7.

Subpart H-Guidelines for Compliance

With NEPA in Construction of Special Purpose Facilities and Facility Renovations

§ 6.800 Purpose.

This subpart amplifies general EPA policies and procedures described in Subparts A through D by providing detailed procedures for the preparation of EIS's on construction and renovation of special purpose facilities.

§ 6.802 Definitions.

(a) Special purpose facility. A building or space, including land incidental to its use, which is wholly or predominantly utilized for the special purpose of an agency and not generally suitable for other uses, as determined by the General Services Administration.

(b) Program of requirements. A comprehensive document (booklet) describing program activities to be accomplished in the new special purpose facility or improvement. It includes architectural, mechanical, structural, and space requirements.

(c) Scope of work. A document similar in content to the program of requirements but substantially abbreviated. It is usually prepared for small-scale projects. § 6.804 Applicability.

(a) Actions covered. These guidelines apply to all new special purpose facility construction, activities related to this construction (e.g., site acquisition and clearing), and any improvements or modifications to facilities having potential environmental effects external to the facility, including new construction and improvements undertaken and funded by the Facilities Management Branch, Facilities and Support Services Division, Office of Administration; by a regional office; or by a National Environmental Research Center.

(b) Actions excluded. This subpart does not apply to those activities of the Facilities Management Branch, Facilities and Support Services Division, for which the branch does not have full fiscal responsibility for the entire project. This includes pilot plant construction, land acquisition, site clearing and access road construction where the Facilities Management Branch's activity is only supporting a project financed by a program office. Responsibility for consider

ing the environmental impacts of such projects rests with the office managing and funding the entire project. Other subparts of this regulation apply depending on the nature of the project.

§ 6.808 Criteria for the preparation of environmental assessments and EIS's.

(a) Assessment preparation criteria. The responsible official shall request an environmental assessment from a construction contractor or consulting architect/engineer employed by EPA if he is involved in the planning, construction or modification of special purpose facilities when his activities have potential environmental effects external to the facility. Such modifications include but are not limited to: facility additions, changes in central heating systems or wastewater treatment systems, and land clearing for access roads and parking lots.

(b) EIS preparation criteria. The responsible official shall conduct an environmental review of all actions involving construction of special purpose facilities and improvements to these facilities. The guidelines in § 6.200 shall be used to determine whether an EIS shall be prepared.

§ 6.810 Procedures for compliance with NEPA.

(a) Environmental review and assessment. (1) An environmental review shall be conducted when the program of requirements or scope of work has been completed for the construction, improvement, or modification of special purpose facilities. For special purpose facility construction, the Chief, Facilities Management Branch, shall request the assistance of the appropriate program office and Regional Administrator in the review. For modifications and improvements, the appropriate responsible official shall request assistance in making the review from other cognizant EPA offices.

(2) Any assessments requested shall contain the same sections listed for EIS's in § 6.304. Contractors and consultants shall be notified in contractual documents when an assessment must be prepared.

(b) Notice of intent, EIS, and negative declaration. The responsible official shall decide at the completion of the environmental review whether there may be any

significant environmental impacts. If there could be significant environmental impacts, a notice of intent and an EIS shall be prepared according to the procedures in § 6.206. If there may not be any significant environmental impacts, a negative declaration and environmental impact appraisal shall be prepared according to the procedures in § 6.212.

(c) Project start. As required by § 6.108, a contract shall not be awarded or construction-related activities begun until at least fifteen (15) working days after release of a negative declaration, or until thirty (30) days after forwarding the final EIS to the Council on Environmental Quality.

EXHIBIT 1

NOTICE OF INTENT TRANSMITTAL MEMORANDUM

SUGGESTED FORMAT

(Date)

ENVIRONMENTAL PROTECTION AGENCY

(Appropriate Office)

(Address, City, State, Zip Code)

To All Interested Government Agencies and Public Groups:

As required by guidelines for the preparation of environmental impact statements (EIS's), attached is a notice of intent to prepare an EIS for the proposed EPA action described below:

(Official Project Name and Number)

(City, State)

If your organization needs additional information or wishes to participate in the preparation of the draft EIS, please advise the (appropriate office, city, State).

Very truly yours,

(Appropriate EPA Official)

(List Federal, State, and local agencies to be solicited for comment.)

(List public action groups to be solicited for comment.)

NOTICE OF INTENT SUGGESTED FORMAT

NOTICE OF INTENT-ENVIRONMENTAL

PROTECTION AGENCY

(Appropriate Office)

(Address, City, State, Zip

Code)

To All Interested Government Agencies and Public Groups:

As required by guidelines for the preparation of environmental impact statements (EIS's), an environmental review has been performed on the proposed EPA action below:

(Official Project Name and Number)

(Potential Agency Financial Share)

(Project Location: City, County, State)

(Other Funds Included)

PROJECT DESCRIPTION, ORIGINATOR, AND

PURPOSE

(Include a map of the project area and a brief narrative summarizing the growth the project will serve, the percent of vacant land the project will serve, major primary and secondary impacts of the project, and the purpose of the project.)

The review process did not indicate significant environmental impacts would result from the proposed action or significant adverse impacts have been eliminated by making changes in the project. Consequently, a preliminary decision not to prepare an EIS has been made.

This action is taken on the basis of a careful review of the engineering report, environmental impact assessment, and other supporting data, which are on file in the above office with the environmental impact appraisal and are available for public scrutiny upon request. Copies of the environmental impact appraisal will be sent at cost on your request.

Comments supporting or disagreeing with this decision may be submitted for consideration by EPA. After evaluating the comments received, the Agency will make a final decision; however, no administrative action will be taken on the project for at least fifteen (15) working days after release of the negative declaration.

Sincerely,

(Appropriate EPA Official) EXHIBIT 4

ENVIRONMENTAL IMPACT APPRAISAL

SUGGESTED FORMAT

A. Identify Project.

Name of Applicant:.
Address:

Project Number:.