---
kind: "section"
citation: "40 C.F.R. § 6.401"
title: "40"
number: "6.401"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/6.401"
---

# §6.401. Applicability.

- (a) **Administrative actions requiring environmental review.** The environmental review requirements apply to the activities of EPA as follows:
  - (1) **Major research or demonstration projects which affect the global commons or a foreign nation.**
  - (2) Ocean dumping activities carried out under [section 102](/cfr/40/102.md) of the MPRSA which affect the related environment.
  - (3) Major permitting or licensing by EPA of facilities which affect the global commons or the environment of a foreign nation. This may include such actions as the issuance by EPA of hazardous waste treatment, storage, or disposal facility permits pursuant to [section 3005](/cfr/40/3005.md) of the Resource Conservation and Recovery Act ([42 U.S.C. 6925](/usc/42/6925.md)), NPDES permits pursuant to section 402 of the Clean Water Act ([33 U.S.C. 1342](/usc/33/1342.md)), and prevention of significant deterioration approvals pursuant to Part C of the Clean Air Act ([42 U.S.C. 7470](/usc/42/7470.md) et seq.)
  - (4) Wastewater Treatment Construction Grants Program under section 201 of the Clean Water Act when activities addressed in the facility plan would have environmental effects abroad.
  - (5) Other EPA activities as determined by OFA and OIA (see [§ 6.406(c)](/cfr/40/6.406.md?p=c)).
- (b) [Reserved]

## Notes

### Authority

Authority: 42 U.S.C. 4321, note, E.O. 12114, 44 FR 1979, 3 CFR, 1979 Comp., p. 356.

### 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.