---
kind: "section"
citation: "40 C.F.R. § 6.103"
title: "40"
number: "6.103"
heading: "Responsibilities of the NEPA and Responsible Officials."
url: "https://uscodex.org/cfr/40/6.103"
---

# §6.103. Responsibilities of the NEPA and Responsible Officials.

- (a) **The NEPA Official will—**
  - (1) Ensure EPA's compliance with NEPA pursuant to [40 CFR 1507.2(a)](/cfr/40/1507.2.md?p=a) and the regulations in subparts [A](/cfr/40/subpartA.md) through [C](/cfr/40/subpartC.md) 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:
    - (i) The addition, amendment, or deletion of a categorical exclusion, or
    - (ii) **Changes to the listings of types of actions that normally require the preparation of an EA or EIS.**
  - (9) Determine whether proposed changes are appropriate, and if so, coordinate with CEQ, pursuant to [40 CFR 1507.3](/cfr/40/1507.3.md), 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](/cfr/40/1501.8.md), 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.

## Notes

### Authority

Authority: 42 U.S.C. 4321 et seq.; also 40 CFR parts 1500 through 1508, unless otherwise noted.

### Source

Source: 72 FR 53662, Sept. 19, 2007, unless otherwise noted.