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Committee and the central nonprofit agency shall be advised. 8 51-5.11 Specification changes.
(a) Specifications cited in the procurement list may undergo a series of changes, indicated by successive suffix letters, to keep current with industry changes and agency needs. Since it is not feasible to show the latest revision current on the publication date, only the basic specification is referenced in the procurement list. Procurement agencies shall notify the central nonprofit agency concerned of the latest applicable specification.
(b) When a Government department or agency is changing the design or construction of a commodity on the procurement list that involves the assignment of a new Federal stock number, the Committee and the central nonprofit agency concerned shall normally be permitted to comment on such change and shall be notified of the change prior to its effective date.
8 51-6.1 Purpose and authority.
(a) Authority. The following procedures are established, after consultation with the Council on Environmental Quality, in accordance with the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969, Public Law 91-190 (42 U.S.C. 4332(2)(C)), hereinafter referred to as NEPA; section 2 of Executive Order 11514 (42 U.S.C. 4321 Note); and 1500.3 of the Guidelines for Preparation of Environmental Impact Statements promulgated by the Council on Environmental Quality, 40 CFR Part 1500 (38 FR 20550), hereby incorporated by reference and hereafter referred to as the CEQ Guidelines.
(b) Scope. These procedures apply to the recognition of the need for environmental impact statements with respect to major actions significantly affecting the quality of the human environment, to the preparation of such statements, and to their circulation and review within and outside the Committee for Purchase from the Blind and Other Severely Handicapped (Hereinafter, the Committee). The procedures also provide for appropriate action with respect to environmental impact statements submitted to the Committee for comment. These procedures are to be applied in the light of the definitions and instructions in the CEQ Guidelines.
PART 51-6-PREPARATION OF ENVIRONMENTAL STATEMENTS
Sec. 51-6.1 Purpose and authority. 51-6.2 Policy. 51-6.3 Implementation. 51-6.4 Identifying major actions signifi
cantly affecting the environment. 51-6.5 Time scheduling. 51-6.6 General considerations as to utiliza
tion of impact statements. 51-6.7 EPA procedures under the Clean Air
Act. 51-6.8 Securing information required in
preparation of environmental impact
statements. 51-6.9 Obtaining of comments on draft
statements. 51-6.10 Content of environmental impact
statements. 51-6.11 Filing and distribution of environ
mental impact statements. 51-6.12 Availability of environmental
impact statement to the public. 51-6.13 Utilization of final impact state
ments in the decisional process. 51-6.14 Comments on statements of other
agencies. AUTHORITY: Pub. L. 91-190, January 1, 1970. (42 U.S.C. 4332(2)(C)).
SOURCE: 40 FR 2980, Jan. 17, 1975, unless otherwise noted.
These procedures provide for: (a) Designation of the official responsible for environmental impact statements.
(b) Identification of the proposed actions requiring environmental impact statements, the pertinent review process, and the time scheduling for consultations required by section 102(2)(C) of NEPA.
(c) Obtaining of the information required in the preparation of environmental impact statements.
(d) Consultation with and taking account of the comments of appropriate Federal, State, and local agencies, including the Administrator of the Envi. ronmental Protection Agency as to the environmental impact of matters under section 309 of the Clean Air Act,
as amended (42 U.S.C. 1857h-7), and tal agencies, or with nongovernmental 1500.9(b) of the CEQ Guidelines.
matters shall be through or coordinat(e) Making suitable arrangements as ed with the EQO. required by section 2(b) of Executive (c) Letters transmitting environmenOrder 11514 and 1500.6(e) of the CEQ tal impact statements to the CEQ (secGuidelines, for timely public informa- tion 11(a), below), as well as any retion on Committee plans and pro ports or other communications to the grams with environmental impact, in Council, shall be addressed to its cluding procedures relating to (1) the Chairman and shall be signed by the use of environmental impact state Executive Director of the Committee. ments in Committee policy and action Communications announcing decisions review processes, (2) the appropriate to prepare environmental impact distribution of environmental impact statements (section 4(c), below) or statements, and (3) the availability to transmitting final statements for the the public of environmental impact information of agencies or persons statements and comments received commenting on draft statements (secthereon.
tion 11(c), below) shall also be signed
by the Executive Director and, in the $ 51-6.3 Implementation.
case of a Federal agency, shall be ad(a) There shall be an Environmental dressed to its departmental EQO or Quality Officer (EQO), designated, equivalent official. who shall be responsible for (1) identifying actions requiring an environmen
$ 51-6.4 Identifying major actions signifital impact statement; (2) making sure
cantly affecting the environment. that each required statement is pre (a) Under the Committee's responsipared timely and with the prescribed bility as prescribed by law, the only content; (3) ensuring compliance with major actions which it may take that the requirements of NEPA, the CEQ could significantly effect the quality Guidelines, and these procedures; (4) of the environment are those involving maintaining compliance with all appli- the addition of a commodity or service cable scheduling, consultation, circula to the Procurement List established tion, and publicity requirements; (5) by the Committee. The Procurement receive all environmental impact state List is a listing of commodities and ments submitted by other agencies to services which Federal Government the Committee and coordinate the ap- departments and agencies must propropriate review and reply; (6) per- cure from sheltered workshops serving form such other functions as are speci- the blind or other severely handified in these procedures or are appro- capped. priate under the CEQ Guidelines or. (b) The statutory clause "Major Fedother instructions or recommenda- eral Actions significantly affecting the tions of CEQ. The fulfillment of these quality of the human environment” is duties will require constant and active to be construed by the Committee attention by the EQO to insure that with a view to the overall, cumulative the possible timely applicability of impact of the action proposed, related NEPA is taken into account in all rele- to Federal actions and projects in the vant cases and that, if an impact state- area and further actions contemplatment may be needed, the require- ed. The Council on the basis of a writments of the Act, the CEQ Guidelines, ten assessment of the impact involved these procedures are promptly and is available to assist in determining fully followed.
whether specific actions require (b) The EQO shall be responsive to impact statements. Significant effects requests from the CEQ for reports or can also include actions which may other information in connection with have both beneficial and detrimental the implementation of NEPA and for effects, even if on balance the Comthe preparation and circulation of en- mittee believes that the effect will be vironmental impact statements, as re- beneficial. Significant effects also inquired by 1500.11(f) of the Guidelines. clude secondary effects. While a preIn addition to the above, all contacts cise definition of environmental “sig. with CEQ, EPA, and other governmen- nificance," valid in all contexts, is not possible, effects to be considered in as section 102(2)(C) of NEPA, a succinct sessing significance include, but are but complete environmental assessnot limited to, those outlined in Ap- ment (negative impact statement) dependix II of the guidelines. In all cases scribing the action, the environmental early notification shall be given by the impacts considered and the reasons EQO, and a determination as to the why it has been concluded that an potential environmental effects of the impact statement need not be filed action and the consequent need or ab shall be prepared. The EQO shall presence of need to submit an impact pare such an assessment. A file of such statement in connection with it shall assessments, available for public inbe made and, in the case of a negative spection, shall be maintained by the determination in accordance with EQO (see CEQ Guidelines, 1500.6(e)). paragraph (f) of this section, appropriately documented. If it appears appro
$ 51-6.5 Time scheduling. priate in making such a determination, (a) In general, the timing of the agencies outside the Committee preparation, circulation, submission, having expertise in matters involved and public availability of environmenshould be consulted. Agencies with tal impact statements will be observed special environmental expertise are as follows: listed in Appendix II of the CEQ (1) Not less than 45 days for comGuidelines. Nongovernment organiza ments on draft statements, subject to tions or individuals believed to have a possible extension of up to 15 days special knowledge should also be con (see CEQ Guidelines, 1500.9(f); sulted when it appears appropriate. (2) Not less than 90-day and 30-day The appraisal provided for in this periods, respectively, which may run paragraph shall take place as early in concurrently, for public availability of the Committee's consideration of the draft and final statements prior to proposed action as possible (Guide proposed actions (CEQ Guidelines, lines, 1500.2(a)).
1500.11(b)); (c) When a decision to prepare an (3) Not less than 15 days for public environmental impact statement on a availability of draft statements prior proposed action is made, the Commit- to any relevant hearings on proposed tee shall promptly announce this fact actions (CEQ Guidelines, 1500.7(d)). in the FEDERAL REGISTER (see CEQ (b) The periods specified in the preGuidelines, 1500.6(e)).
ceding subsection are to be calculated (d) The EQO shall cause to be main from the date on which the CEQ pubtained for public inspection a list of all lished in the FEDERAL REGISTER the matters to which it has been decided weekly list in which the respective to prepare an impact statement, shall statement is included (CEQ Guideconsolidate the list quarterly, and as it lines, 1500.11(c)). is so revised, shall transmit it to the (c) In the event of emergencies or Council (see CEQ Guidelines, overriding considerations of expense, 1500.6(e)).
the CEQ may be consulted, through (e) The Committee shall determine the EQO, on possible variations of the whether a hearing should be held with specified periods (CEQ Guidelines, respect to an environmental matter in 1500.11(e)). accordance with criteria set forth in 1500.7(d) of the Guidelines. Normally,
$ 51-6.6 General considerations as to utili. all hearings contemplated in this para zation of impact statements. graph should be based on a draft envi (a) The preparation of a requisite ronmental impact statement, which impact statement should be undertakshould in any event be made available en as early as possible in the Committo the public at least 15 days before tee's process of considering the respecthe hearing.
tive proposal. The normal process for (f) If as a result of the consideration consideration and review of actions of a proposed action as provided for by shall be followed, with such adjustparagraph (b) of this section it is de- ment, particularly as to time periods, termined that no environmental as may be necessary to permit ample impact statement is required under fulfillment of the requirements of
NEPA, the CEQ Guidelines, and these ment and Budget, and the Environ. procedures (see CEQ Guidelines, mental Protection Agency, or other 1500.3(a) and 1500.11(b)).
pertinent sources. (b) As indicated in 1500.9(a) of the CEQ Guidelines and contemplated in § 51-6.9 Obtaining of comments on draft section 4(b) above, a general principle statements. to be applied is to obtain the views of (a) With respect to draft environother agencies at the earliest feasible mental impact statements, it is essentime in the development of program or tial that the EQO consult with and project proposals. Duplication in the take account of the comments of apclearance process should be avoided, propriate Federal, State, and local but significant changes or redirections agencies. Initially this consultation of a proposal may call for further en- may take the form of informal fact vironmental analysis and comment finding and analytical advice in the (CEQ Guidelines, 1500.11(b)).
preparation of impact statements, as
contemplated in sections 4 and 8 $ 51-6.7 EPA procedures under the Clean
above, but in any event, consultation Air Act.
shall involve the formal solicitation of (a) Comments from the Environmen review and comments on the draft tal Protection Agency (EPA) should be statement (CEQ Guidelines, 1500.9(a)requested on the environmental (b)). When appropriate, the proceimpact of any major action significant dures set forth in Office of Managely affecting the quality of the human ment and Budget Circular No. A-95 environment, in areas of EPA respon for obtaining state and local comments sibility, which include: Air or water through clearing houses shall be utiquality, noise abaternent and control, lized (CEQ Guidelines, 1500.9(c)). pesticide regulation, solid waste dis (b) Comments should also be reposal, and generally applicable envi quested from private organizations or ronmental radiation criteria and persons which appear to have a special standards. (See 1500.9(b) of the CEQ interest in some significant environGuidelines and section 309 of the mental aspect of the proposed action Clean Air Act (42 U.S.C. 1857h-7).) (CEQ Guidelines, 1500.9(d)).
(b) Where an environmental impact statement is being filed with EPA for
$ 51-6.10 Content of environmental comment, no special additional proce impact statements. dure is required.
(a) Environmental impact state
ments are to provide adequate, mean$ 51-6.8 Securing information required in
ingful, and factual information and preparation of environmental impact
analysis to permit an evaluation of the statements.
action from the environmental stand(a) All available resources should be point. Perfunctory generalities are not tapped in developing the factual and acceptable, but, on the other hand, inanalytic information and reference formation should be conveyed as sucsources required in the preparation of cinctly and understandably as the suban environmental impact statement. ject will permit. Quantitative informaThe assistance of other agencies with tion about the proposed action, includjurisdiction by law or special expertise ing actual or estimated data on its concerning the environmental impacts probable effects, should be included to involved should be sought. See section the furthest extent practicable. Where 4(b) above, and 1500.9(a) and Appen a cost-benefit analysis of the proposed dixes II and III of CEQ Guidelines, action has been prepared, this analysis which list the agencies to be consult should be attached to the environmened.
tal impact statement sent to the com(b) If the EQO has difficulty in se menting agencies and to the Council curing requisite information or needs on Environmental Quality and made guidance in making the necessary available to the public. analysis, he should consult with staff (b) The basic content requirements members of the Council on Environ- for a draft statement are set forth in mental Quality, the Office of Manage- 1500.8 of the CEQ Guidelines and those for a final statement in 1500.10. ment meeting all applicable requireAppendix I of the Guidelines provides ments. Any procedures or instructions the format of a summary sheet which issued by the Federal agency having must accompany each draft and final jurisdiction with regard to such a statstatement. Statements shall follow the ute should, of course, be consulted in prescribed outline and content re- the preparation of the combined statequirements as closely as is feasible in ment (CEQ Guidelines 1500.9(a)). each particular case. (c) All reasonable alternatives and 851
$ 51-6.11 Filing and distribution of envi. their environmental impacts are to be
ronmental impact statements. discussed, regardless of whether or not (a) Five copies of each draft or final they are within the authority of the statement are to be filed with CEQ Committee (CEQ Guidelines (Guidelines, 1500.11(a) and supple1500.8(a)(4)).
mental CEQ instructions of March 1, (d) Any substantial points of view in 1974). opposition to the proposed action on (b) At the same time that each draft environmental grounds which are statement is filed with the Council, known to exist shall be described in copies should also be sent to all pertithe draft statement as well as in the nent entities, i.e., Federal, state, and final statement. So far as possible, local agencies, and private organizaquotations of salient passages from ex- tions and individuals (CEQ Guidelines, pressions of such points of view should 1500.9). be included to make sure there is no (c) At the same time that each final doubt that they have been accurately statement is filed with the Council, presented. As to final statements, CEO copies should also be sent to all entihas directed (Guidelines 1500.10(a)) ties which made substantive comments that all substantive comments (or if on the draft statement, or requested a any is exceptionally voluminous, a copy, so that they may be appropriatesummary thereof) received on the ly informed (CEQ Guidelines, draft should be attached to each copy, 1500.10(b)). whether or not each such comment is thought to merit individual discussion $ 51-6.12 Availability of environmental in the text of the statement.
impact statement to the public. (e) Each draft and final statement (a) Environmental impact stateshould refer to the underlying studies, ments, both draft and final, and any reports and other documents consid- substantive comments thereon shall be ered and should indicate how such made available to the public pursuant documents may be obtained. In gener to the Freedom of Information Act (5 al, with the exception of standard ref- U.S.C. 552). When appropriate, copies erence documents such as Congres- of each statement shall also be made sional materials, the Committee available through State, regional, and should maintain a file of the respec metropolitan clearinghouses, or such tive documents which may be consult alternate point as the Governor of the ed by interested persons. Even if espe respective State may designate to CEQ cially significant documents are at (Guidelines, 1500.11(d)). tached to the statement, care should (b) A notice of the filing and availbe taken to insure that it remains an ability of each environmental impact essentially self-contained instrument statement, draft and final, shall be ineasily understood by the reader with serted in the FEDERAL REGISTER. When out the need for undue cross reference appropriate, other methods for publi(CEQ Guidelines, 1500.8(b)).
cizing the existence of draft state(f) Environmental impact statements ment, such as, publishing a notice in should, to the extent possible, include local newspapers or sending a notice statements or findings concerning en directly to non-governmental groups vironmental impact required by other or persons believed to be interested statutes, such as section 106 of the Na- (CEQ Guidelines, 1500.9(d)), should be tional Historic Preservation Act of utilized. 1966 (16 U.S.C. Section 470f), with a (c) Each statement should be reproview to the issuance of a single docu- duced in a number of copies sufficient