40 CFR §6.103
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The NEPA Official will:
- (1)Ensure EPA's compliance with NEPA pursuant to 40 CFR 1507.2(a) and the regulations in subparts A through C of this part.
- (2)Act as EPA's liaison with the CEQ and other federal agencies, state and local governments, and federally-recognized Indian tribes on matters of policy and administrative procedures regarding compliance with NEPA.
- (3)Approve procedural deviations from subparts A through C of this part.
- (4)Monitor the overall timeliness and quality of EPA's compliance with subparts A through C of this part.
- (5)Advise the Administrator on NEPA-related actions that involve more than one EPA office, are highly controversial, are nationally significant, or establish new EPA NEPA-related policy.
- (6)Support the Administrator by providing policy guidance on NEPA-related issues.
- (7)Assist EPA's Responsible Officials with establishing and maintaining adequate administrative procedures to comply with subparts A through C of this part, performing their NEPA duties, and training personnel and applicants involved in the environmental review process.
- (8)Consult with Responsible Officials and CEQ regarding proposed changes to subpart A through C of this part, including:
- (9)Determine whether proposed changes are appropriate, and if so, coordinate with CEQ, pursuant to 40 CFR 1507.3, and initiate a process to amend this part.
- (b)The Responsible Official will:
- (1)Ensure EPA's compliance with the CEQ regulations and subparts A through C of this part for proposed actions.
- (2)Ensure that environmental reviews are conducted on proposed actions at the earliest practicable point in EPA's decision-making process and in accordance with the provisions of subparts A through C of this part.
- (3)Ensure, to the extent practicable, early and continued involvement of interested federal agencies, state and local governments, federally-recognized Indian tribes, and affected applicants in the environmental review process.
- (4)Coordinate with the NEPA Official and other Responsible Officials, as appropriate, on resolving issues involving EPA-wide NEPA policy and procedures (including the addition, amendment, or deletion of a categorical exclusion and changes to the listings of the types of actions that normally requires the preparation of an EA or EIS) and/or unresolved conflicts with other federal agencies, state and local governments, and federally-recognized Indian tribes, and/or advising the Administrator when necessary.
- (5)Coordinate with other Responsible Officials, as appropriate, on NEPA-related actions involving their specific interests.
- (6)Consistent with national NEPA guidance, provide specific policy guidance, as appropriate, and ensure that the Responsible Official's office establishes and maintains adequate administrative procedures to comply with subparts A through C of this part.
- (7)Upon request of an applicant and consistent with 40 CFR 1501.8, set time limits on the NEPA review appropriate to individual proposed actions.
- (8)Make decisions relating to the preparation of the appropriate NEPA documents, including preparing an EA or EIS, and signing the decision document.
- (9)Monitor the overall timeliness and quality of the Responsible Official's respective office's efforts to comply with subparts A through C of this part.
- (c)The NEPA Official and the Responsible Officials may delegate NEPA-related responsibilities to a level no lower than the Branch Chief or equivalent organizational level.