---
kind: "section"
citation: "40 C.F.R. § 6.404"
title: "40"
number: "6.404"
heading: "Lead or cooperating agency."
url: "https://uscodex.org/cfr/40/6.404"
---

# §6.404. Lead or cooperating agency.

- (a) **Lead Agency.** [Section 3-3](/cfr/40/3-3.md) of Executive Order 12114 requires the creation of a lead agency whenever an action involves more than one Federal agency. In implementing [section 3-3](/cfr/40/3-3.md), EPA shall, to the fullest extent possible, follow the guidance for the selection of a lead agency contained in [40 CFR 1501.5](/cfr/40/1501.5.md) of the CEQ regulations.
- (b) **Cooperating Agency.** Under [Section 2-4(d)](/cfr/40/2-4.md?p=d) of the Executive Order, Federal agencies with special expertise are encouraged to provide appropriate resources to the agency preparing environmental documents in order to avoid duplication of resources. In working with a lead agency, EPA shall to the fullest extent possible serve as a cooperating agency in accordance with [40 CFR 1501.6](/cfr/40/1501.6.md). When other program commitments preclude the degree of involvement requested by the lead agency, the responsible EPA official shall so inform the lead agency in writing.

## 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.