WSPC05015

• File Number: 8272
• Description: Colorado River - Colorado River Basin Salinity Control Program - CRBSCP
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 10/1/1986
• Author: Unknown
• Title: EPA 309 Review Process
• Water Supply Pro - Doc Type: Report/Study

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MAJOR ELEMENTS OF THE 309 REVIEW PROCESS

o EPA REVIEWS AND COMMENTS ON BOTH THE ADEQUACY OF THE ANALYSIS AND
THE ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION ITSELF;

o EPA COMMENTS ON ISSUES RELATED TO ITS uDUTIES AND RESPONSIBILITIES,u
WHICH INCLUDE ALL ENVIRONMENTAL MEDIA (I.E., AIR, WATER, ETC.),
METHODOLOGIES RELATED TO MEDIA-IMPACT ASSESSMENT, AND AREAS
RELATED TO OUR REGULATORY RESPONSIBILITIES;

o IN GENERAL, THE DEGREE TO WHICHEPA GETS INVOLVED IN ATTEMPTING-TO
MODIFY A PROPOSED PROJECT DEPENDS ON THE SEVERITY OF ENVIRONMENTAL
IMPACTS AND THE LEVEL OF RESPONSIBILITY EPA HAS OVER THE TYPE OF
IMPACT AT ISSUE;

o IF THE ACTION IS A FEDERAL PROJECT TO BE LOCATED IN OR ON A SPECIFIC
SITE, (RATHER THAN LEGISLATION OR PROPOSED REGULATIONS) THE APPROPRIATE
EPA REGIONAL OFFICE HAS THE JURISDICTION AND DELEGATED RESPONSIBILITY
FOR CARRYING OUT THE 309 REVIEW AND WORKING WITH THE PROPOSING FEDERAL
AGENCY TO RESOLVE ANY PROBLEMS.

o IF THE ACTION 'BY THE PROPOSING FEDERAL AGENCY IS A NATIONAL LEVEL
ACTION OR IS A LEGISLATIVE OR REGULATORY ACTION, GENERALLY THE 309
REVIEW IS CONDUCTED AT THE EPA HQ LEVEL;

o FOR REGIONAL CASES, EPA HEADQUARTERS BECOMES INVOLVED IF THE REGION
FINDS THAT THE PROPOSED ACTION IN THE DRAFT EIS IS uENVIRONMENTALLY
UNSATISFACTORYu OR uINADEQUATEu. IN THESE CASES, THE ASSISTANT
ADMINISTRATOR FOR EXTERNAL AFFAIRS MUST APPROVE THE REGIONAL COMMENT
LETTER BEFORE IT IS SENT. IN ADDITION, EPA HEADQUARTERS WORKS WITH
REGIONAL PERSONNEL IN INFORMING INTERESTED PARTIES ABOUT THE EPA ACTION
AND WILL ASSIST THE REGION, AS NEEDED, IN MEETING WITH THE PROPOSING
FEDERAL AGENCY TO RESOLVE THE ISSUES. THE CEQ IS ALWAYS NOTIFIED OF
A DEIS WHICH HAS BEEN RATED uUNSATISFACTORYu OR uINADEQUATEu BY EPA.

IF THE REGION FINDS THAT THE SUBSEQUENT FINAL EIS IS STILL uENVIRON-
MENTALLY UNSATISFACTORY, ~OR INADEQUATEu THE REGION RECOMMENDS TO THE
ADMINISTRATOR, THROUGH THE OFFICE OF EXTERNAL AFFAIRS, THAT THE MATTER
BE REFERRED TO THE PRESIDENT'S CEQ FOR RESOLUTION. AT THIS TIME,
EPA HQ BECOMES SIGNIFICANTLY INVOLVED IN THE FACTUAL DETERMINATION AND
JUDGMENT OF THE EIS.

o

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o THE PROCESS IS CARRIED OUT SO AS TO ENSURE THE INDEPENDENCE OF THE
EPA REVIEW RESPONSIBILITIES AND TO COORDINATE IN A MANNER WHICH
EMPHASIZES CONSULTATION WITH THE LEAD AGENCY AND INFORMING INTERESTED
PARTIES ON THE EPA ACTIONS AND CONERNS.