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ration of impact statements required on purpose, especially when they are taken legislative proposals or reports on legis- during a limited time span and in the lation (see $ 6.13(d)).
same general geographic area, the cumu$ 6.15 Timing for proposed Agency ac
lative environmental impact of all of tions on which impact statements are
these actions. may be significant. to be prepared.
(b) Controversial actions. An environ
mental impact statement shall be pre(a) Except when requested by the “re
pared and processed when the environsponsible official” in writing and ap
mental impact of an Agency action is proved by the Council on Environmental
likely to be highly controversial. Quality, no administrative action shall be taken sooner than ninety (90) calen- § 6.21 Environmental review. dar days after a draft statement has
(a) Proposed and certain ongoing been distributed or sooner than thirty Agency actions as specified in $ 6.13(c) (30) calendar days after the final state
shall be subjected to an environmental ment has been distributed. If the final
review. This review shall be a continuing statement is filed within ninety (90) one and should commence at the earliest calendar days after the draft statement
possible point in the development of the has been circulated and made public, the project. It shall consist of a study of thirty (30) day period and ninety (90)
the proposed program or project which day period may run concurrently to the identifies and evaluates the expected and extent that they overlap.
potential environmental impacts of the (b) Administrative action shall be in
action and alternatives to it. It will deterpreted as an Agency award of a grant
termine whether a significant impact is or contract, or actual physical com
anticipated from the proposed action. mencement of a project or activity un- The outcome of an environmental review dertaken with inhouse funds (intramural will be either the preparation of an improject).
pact statement or preparation of a negaSubpart B-Procedures
(b) When making this determination, $ 6.20 Guidelines for determining when a general class of actions occurring to prepare an impact statement.
within a common time frame may be The following general guidelines shall
treated as a single action if their inbe used when reviewing an Agency action
dividual environmental effects and alto determine if it will have a significant
ternatives are substantially similar. impact on the environment and there
(c) To assist the “responsible official" fore require an impact statement. in reviewing the proposed action, appli(a) Significant environmental effects.
cants for a grant or contract may be re(1) Actions having both beneficial and
quired to submit with their original apdetrimental effects may be classified as
plication an environmental assessment. having significant effects on the environ
The types of grants and contracts rement even if, on balance, the Agency be
quiring such assessments are specified lieves that the net effect will be beneficial.
in the subparts following Subpart D of Impact statements should be prepared
this part. The Agency may also request first on those proposed actions with the
additional environmental data or analmost adverse effects.
yses to supplement the assessment. Al(2) Significant effects should include
though the assessment and data may be both primary and secondary conse
utilized by the Agency in the preparaquences of short term and long term
tion of an impact statement or environduration. Secondary consequences result
mental impact appraisal, responsibility from activities encouraged or induced by
for the technical accuracy of such infor
mation rests with the Agency. the Agency action. Long term effects should be given particular attention in 8 6.22 Notice of intent. the determination of significant effects.
(a) General. (1) When an environ(3) The total expected environmental mental review indicates a significant imimpact of precedent-setting actions and pact will occur, a notice of intent, anindividually small but cumulatively large nouncing the preparation of a draft imactions shall be identified and considered pact statement, shall be issued by the fully. If the Agency is taking a number of "responsible official.” The notice shall minor, environmentally insignificant briefly describe the Agency action, its actions that are similar in execution and location and the issues involved (see Exhibit 2). Such a notice should be sub- (c) Regional office assistance to promitted immediately after completion of gram offices. Regional offices will proan environmental review that indicates vide assistance to program offices in taka significant impact. Notices of intent ing these specific actions when the stateshould be sent to interested persons who ment orginates in a program office. might be interested in receiving a copy
& 6.23 Draft impact statements. of an impact statement. Those who request a copy of a particular draft impact
(a) General (1) The “responsible statement will be sent one at the same
official" shall assure that a draft environtime as those interested persons who are
mental impact statement is prepared as routinely sent copies of all impact soon as practicable after the release of statements.
the notice of intent. Prior to release to (2) The purpose of a notice of intent CEQ, the draft statement may be circuis to involve other Government agencies lated for review to other offices within and interested persons as early as possible the Agency with collateral interest in or in the planning and evaluation of Agency technical expertise related to the action. actions which embody significant en- Afterwards, the draft statement shall be vironmental impacts. This device should sent to CEQ and circulated to Federal, facilitate coordination during the prep
State, and local agencies with special exaration of a draft impact statement and pertise or jurisdiction by law, and to inassure that environmental values will be terested persons. If the responsible offiidentified and weighed from the outset,
cial determines that a public hearing on rather than accommodated by adjust- the project is warranted, the hearing will ments at the end of the decision-making be held after preparation of the draft process.
statement and in accordance with the (b) Specific actions. The specific ac- requirements of g 6.41. Comments from tions that should be taken with respect to both the hearing and written replies shall notices of intent are as follows:
be incorporated in the final environ(1) When the review process indicates mental impact statement. there will be a significant impact, pre- (2) Draft impact statements should be pare a notice of intent as soon as prac- prepared at the earliest practicable point ticable.
in the project development. Where a (2) Forward copies of the notice of in- plan or program has been developed by tent to:
the Agency or submitted to the Agency (i) The appropriate State and local for approval, the relationship between agencies and to the appropriate State, the plan and the subsequent projects enregional, and metropolitan clearing- compassed by it shall be evaluated to houses.
determine the preferable and most (ii) Potentially interested persons. meaningful point in time for preparing
(iii) The Office of Federal Activities an impact statement. Where practicable, and to the Office of Public Affairs.
an environmental impact statement will (iv) The Headquarters impact state- be drafted for the total program at the ment coordinator for the program office overall planning stage. Subsequently, originating the statement. When the component projects included in the plan originating office is a regional office and will not require individual statements the action is related to water quality unless they deviate substantially from management, the copies should be for- prior plans, or unless the plans do not warded to the Water Quality and Non- provide suficient detail to fully assess point Source Control Division, Office of significant impacts of individual projects. Water Programs Operations.
Plans shall be reevaluated by the respon(v) The Office of Legislation so they sible official to monitor the cumulative will be able to answer any queries from impact of the component projects and to Congress on the matter,
preclude the plans' obsolescence. (3) Submit to a local newspaper which (b) Specific actions. The specific ac. has adequate circulation to cover the tions that should be taken with respect area that will be affected by the project, to draft impact statements are a brief news release (see Exhibit 3) in- follows: forming the public that an impact state- (1) Before transmitting the draft ment will be prepared on a particular statement to the Council on Environmenproject. News releases may be submitted tal Quality, the "responsible official" to other media as appropriate.
(i) Notify by phone the Office of Fed- offices are expected to reply directly to eral Activities and the Headquarters im- the originating Agency office. Commentpact statement coordinator for the pro- ing agencies shall have at least thirty gram ofice originating the statement (30) calendar days to reply (the reply that a draft impact statement has been period shall commence from the date of prepared. When the originating office is receipt of the statement by the Council a regional office and the project is re- on Environmental Quality as noted in lated to water quality management, the the Council's FEDERAL REGISTER and 102 Regional Administrator will notify by Monitor announcements); afterwards, it phone the Office of Federal Activities shall be presumed that, unless a time and the Water Quality and Non-Point extension has been requested, the Agency Source Control Division, Office of Water has no comment to make. EPA will grant Programs Operations, that the draft im- extensions where practical, not to expact statement has been prepared.
ceed fifteen (15) calendar days. (ii) Send two (2) copies of the draft (d) The appropriate State and local statement to each of the appropriate agencies and to the appropriate State offices in paragraph (b) (1) (1) of this and metropolitan clearinghouses. The section.
time limits for review and comment shall (2) If neither of the above offices re- be the same as those available to Fedquests any changes within a ten (10) cal- eral agencies. endar day period after notification, the (e) Interested persons. The time lim"responsible officials” shall:
its for review and comment shall be the (i) Send ten (10) copies of the draft same as those available to Federal agenenvironmental impact statement to the cies. Council on Environmental Quality. In- (v) Submit to the local newspapers clude with the copies two (2) completed and other appropriate media a news reNational Technical Information Service lease (see Exhibit 3) that the draft state(NTIS) accession notice cards (Form ment is available for comment and where NTIS–79). One (1) card should have the
copies may be obtained. return address of the Office of Federal
(vi) Send two (2) copies of the sumActivities and the other the return ad
mary sheet to the Office of Managedress of the originating office. The Coun- ment and Budget, Organization and cil on Environmental Quality will for
Management Systems Division. ward the necessary copies and cards to
(c) Regional office assistance to proNTIS. Requests for copies can be filled
gram office. If requested, regional offiby NTIS when the Agency has depleted
ces will provide assistance to program its stock. (See $ 6.43(b).)
offices in taking these specific actions (ii) Inform the Office of Public Affairs
when the impact statement originates in of the transmittal to the Council on Environmental Quality and the plans for
a program office. local press release.
8 6.24 Final impact statements. (iii) Notify the Office of Legislation (a) Final statements shall respond to of the transmittal so they will be able to all written or recorded suggestions, critianswer any queries from Congress on the
cisms, and comments raised through the matter.
review of the draft impact statement. (iv) Provide copies of the draft state- Special care should be taken to respond ment to:
fully to comments that are at variance (a) The Office of Legislation if they with the Agency's position (see also request copies.
$ 6.32(g)). (b) The Office of Public Affairs. Pro
(b) Distribution and other specific acvide two (2) copies.
tions will be as specified for draft state(c) The appropriate field offices of re- ments in $ 6.23 (b) and (c), except that viewing Federal agencies that have spe- in the case of Federal and State agencial expertise or jurisdiction by law with cies and interested persons, only those respect to any impacts involved. The
who responded to the draft statement Council on Environmental Quality's will be sent a copy of the final statement. Guidelines (section 7 and Appendixes IIIII thereof) specify those agencies to
$ 6.25 Negative declaration and environwhich draft statements will be sent for
mental impact appraisals. official review and comment. Two (2) (a) General. When an environmental copies of the impact statement should review indicates no significant impact, a be provided each field office. The field negative declaration shall be prepared
prior to taking action (see Exhibit 4). the April 23, 1971, Council on EnvironAn environmental impact appraisal sup- mental Quality's Guidelines. The format porting the negative declaration shall be is shown in Exhibit 7. prepared for those cases specified in the
Body of statement. subparts following Subpart D of this part, as determined by the "responsible ofi- The body of the impact statement shall cial.” The appraisal (see Exhibit 5) de- contain seven sections. Each shall idenscribes the proposed activity and its ef
tify, develop, and analyze the pertinent fects, and documents the reasons for issues. Impact statements shall not be concluding that there will be no signifi- justification documents for proposed cant impact. This appraisal shall re- Agency funding or actions. Rather, they main with internal records for the activ- shall be objective evaluations of actions ity or action, and shall be available for and their alternatives in light of all public inspection.
environmental considerations. Environ(b) Specific actions. The following mental impact statements shall be specific actions should be taken on those prepared using a systematic, interdisciprojects on which both a negative decla- plinary approach. Statements shall inration and appraisal were prepared. Cir- corporate all relevant analytical disciculation of a negative declaration on a
plines and shall provide meaningful and project for which no appraisal is re- factual data, information, and analyses. quired is unnecessary.
The presentation should be simple and (1) Negative declaration. (1) When concise, yet include all facts necessary to the review process indicates that there permit independent evaluation and apwill not be a significant impact, prepare
praisal of the beneficial and adverse ena negative declaration soon as
vironmental effects of alternative actions. practicable.
To the extent possible, statements shall (ii) The negative declaration shall be
not be drafted in a style which requires distributed in the same fashion as the
extensive scientific or technical expertise notice of intent, except that copies shall to comprehend and evaluate the environbe sent only when practicable to inter- mental impact of an Agency action. ested persons.
(a) Description of the proposed action. (iii) Where practicable, submit to the Describe the recommended or proposed local newspapers and other appropriate action, its purpose, where it is located, media a brief news release (see Exhibit its time setting, and its interrelationship 3) informing the public that an impact
with other projects or proposals. To prestatement will not be prepared on a par
vent piecemeal decisionmaking, the projticular project.
ect shall be described in as broad a con(2) Environmental impact appraisal. text as possible. The relationship to other (1) Have the appraisal available when projects and proposals shall be discussed, the negative declaration is distributed. including not only other Agency activi
(ii) Forward a copy to the Head- ties, but also those of other Governquarters impact statement coordinator
mental and private organizations. Defor the program office originating the velopment and population trends in the statement. (Not applicable to regional
project area shall also be included. Maps, offices.)
photos, and artist sketches should be in(iii) Have copies on file in the orig- corporated where they help depict the inating office for public inspection upon
environmental setting. If not enclosed, request.
supporting references and documents
should be identified. The statement Subpart C—Content of Environmental
should also indicate how such documents Impact Statements
may be obtained. $ 6.30 Cover sheet.
(b) Environmental impact of the pro
posed action. (1) Describe the primary The cover sheet shall indicate the type
and secondary environmental impacts, of statement (draft or final), the official
both beneficial and adverse, anticipated project name, the responsible Agency
from the action. The scope of the descripoffice, the date, and the signature of the
tion shall include both short- and longresponsible official. The format is shown
term impacts. It shall include specifics on in Exhibit 6.
the area, the resources involved, physical 8 6.31 Summary sheet.
changes, alterations to ecological systems, The summary sheet shall conform to and changes induced by the proposed acthe format prescribed in Appendix 1 of tion in population distribution, population concentration, the human use of of different courses of action shall inland (including commercial and residen- clude alternatives capable of substantitial development), and other aspects of ally reducing or eliminating any adverse the resource base such as water and pub- impacts, even at the expense of reduced lic services. The time frames in which project objectives. The specific alternathese impacts are anticipated should be tive of taking no action must always be included as well.
evaluated. This analysis shall evaluate (2) Remedial, protective, and mitiga- alternatives in such a manner that retive measures which will be taken as part viewers independently can judge their of the proposed action shall be identified. relative desirability. In addition, the These measures to prevent, eliminate, re- reasons why the proposed action is beduce, or compensate for any environmen- lieved by the Agency to be the best course tally detrimental aspect of the proposed of action shall be explained. On projects action shall include those of the Agency that will involve construction, alternative and others, e.g., its contractors and sites must be considered. grantees. Adverse impacts which cannot (e) Relationship between local shortbe substantially avoided will be con- term uses of man's environment and the sidered in greater detail in the next maintenance and enhancement of longsection.
term productivity. Describe the cumula(c) Adverse impacts which cannot be tive and long-term effects of the proavoided should the proposal be imple- posed action which either significantly mented. Describe the kinds and magni- reduce or enhance the state of the entudes of adverse impacts which cannot be vironment for future generations. In parreduced in severity or which can be re- ticular, the desirability of Agency actions duced to an acceptable level but not shall be weighed to guard against shorteliminated. For those which cannot be sighted foreclosure of future options or reduced, their implications and the rea- needs. Special attention shall be given sons why the action is being proposed, to effects which narrow the range of notwithstanding their effect, shall be de- beneficial uses of the environment or pose scribed in detail. Where abatement long-term risks to health or safety. Those measures can reduce adverse impacts to who may financially profit or suffer losses acceptable levels, the basis for consider- from uses of natural resources that may ing these levels adequate and the effec- result from the proposed project (estiveness and costs of the abatement pecially land) shall be identified. In admeasures shall be specified. In particular, dition, the reasons the proposed action is this analysis shall detail the aesthetically believed by the Agency to be justified or culturally valuable surroundings, now, rather than reserving a long-term human health, standards of living, or en- option for other alternatives, including vironmental goals set forth in section no use, shall be explained. 101(b) of the National Environmental (f) Irreversible and irretrievable comPolicy Act which would be sacrificed. mitments of resources which would be inAlso, it shall describe the parties affected volved in the proposed action should it (including any minority communities) be implemented. Describe the extent to and any objections raised by them. which the proposed action curtails the
(d) Alternatives to the proposed action. diversity and range of beneficial uses of Develop, describe, and objectively weigh the environment. Uses of renewable and alternatives to any proposed action which nonrenewable resources during the initial Involves significant tradeoffs among the
and continued phases of the action shall uses of available environmental re
be specified. In this regard, construction sources. The analysis shall be structured and facility uses are basically irreversible in a manner which allows comparisons
since a large commitment of resources
makes removal or nonuse thereafter unof: (1) Environmental and financial cost
likely. Such primary impacts and, pardifferences among equally effective al
ticularly, secondary impacts (e.g., openternatives, or (2) differences in effective
ing areas to further development) generness among equally costly alternatives.
ally commit future generations to similar Where practicable, benefits and costs
uses. Also, irreversible damage can reshould be quantified or described quall- sult from environmental accidents astatively in a way which will aid in a more
sociated with the action. Any irretrievobjective judgment of their value. Where able and significant commitments of resuch an analysis is prepared, it shall be sources shall be evaluated to assure that appended to the statement. The analysis such current consumption is justified.