[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8574]


[[Page Unknown]]

[Federal Register: April 11, 1994]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 989

RIN 0701-AA36

 

Environmental Impact Analysis Process (EIAP)

AGENCY: Department of the Air Force, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force is proposing to revise its 
regulations to update the Air Force process for National Environmental 
Policy Act compliance. This revision provides policy and guidance for 
consideration of environmental matters in the Air Force decision-making 
process. The United States Air Force is proposing a revision to the 
implementing procedures that apply to the Air Force decision-making 
process. It implements the Council on Environmental Quality 
Regulations. The public is invited to participate in this rulemaking by 
submitting comments to the point of contact listed below.

DATES: Comments must be received no later than June 10, 1994.

ADDRESSES: Comments should be submitted to: HQ USAF/CEVP, 1260 Air 
Force Pentagon, Washington, DC 20330-1260.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth L. Reinertson or Jack Bush 
on (703) 695-8942.

SUPPLEMENTARY INFORMATION: The Department of the Air Force has 
determined that this proposed rule is not a major rule because it will 
not have an annual effect on the economy of $100 million or more. The 
Secretary of the Air Force has certified that this rule is exempt from 
the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, 
because this rule does not have a significant economic impact on small 
entities as defined by the Act, and does not impose any obligatory 
information requirements beyond internal Air Force use. This proposed 
rule revises Air Force Regulation (AFR) 19-2, Environmental Impact 
Analysis Process (EIAP), 10 August 1982.

List of Subjects in 32 CFR Part 989

    Environmental Protection, Environmental Impact Statements.
    Therefore, 32 CFR Part 989 is proposed to be revised to read as 
follows:

SUBCHAPTER T--ENVIRONMENTAL PROTECTION

PART 989--ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)

Sec.
989.1  Purpose.
989.2  Concept.
989.3  Responsibilities.
989.4  Initial considerations.
989.5  Organizational relationships.
989.6  Budgeting and funding.
989.7  Requests from non-Air Force agencies or entities
989.8  Analysis of alternatives.
989.9  Lead and cooperating agency.
989.10  Tiering.
989.11  Combining EIAP with other documentation.
989.12  Air Force Form 813, Request for Environmental Impact 
Analysis.
989.13  Categorical exclusion (CATEX).
989.14  Environmental assessment (EA).
989.15  Finding of no significant impact (FONSI).
989.16  Environmental impact statement (EIS).
989.17  Notice of intent (NOI).
989.18  Scoping.
989.19  Draft EIS.
989.20  Final EIS.
989.21  Record of decision (ROD).
989.22  Mitigation.
989.23  Public notification.
989.24  Base closure and realignment.
989.25  Classified actions.
989.26  Occupational safety and health.
989.27  Airspace proposals.
989.28  Air quality.
989.29  Pollution prevention.
989.30  Special emergency procedures.
989.31  Reporting requirements.
989.32  Definitions.
989.33  Categorical exclusions.
989.34  Environmental considerations--global commons.
989.35  Environmental considerations--foreign nations and protected 
global resources.
989.36  Procedures for holding public hearings.

    Authority: 10 U.S.C. 8013.


Sec. 989.1  Purpose.

    The procedures in this part are essential to achieve and maintain 
compliance with the National Environmental Policy Act of 1969 (NEPA) 
(Pub. L. 91-190, 42 U.S.C. 4321-4347) and the Council on Environmental 
Quality (CEQ) Regulations for Implementing the Procedural Provisions of 
the NEPA (40 CFR parts 1500 through 1508, referred to as the ``CEQ 
Regulations''). Further requirements are contained in 32 CFR part 188 
(Department of Defense Directive (DoDD) 6050.1), Environmental Effects 
in the United States of DoD Actions, and DoD Instruction (DoDI) 5000.2, 
Defense Acquisition Management Policies and Procedures.1 To comply 
with NEPA and complete the Environmental Impact Analysis Process 
(EIAP), the CEQ regulations and this part must be used together. Air 
Force activities in foreign countries will comply with this part and 
Executive Order 12114, Environmental Effects Abroad of Major Federal 
Actions, and 32 CFR part 187 (DoDD 6050.7), Environmental Effects 
Abroad of Major DoD Actions.
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    \1\Copies of the publication are available, at cost, from the 
National Technical Information Service, U.S. Department of Commerce, 
5285 Port Royal Road, Springfield, VA 22161.
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Sec. 989.2  Concept.

    (a) This part provides a framework on how to comply with NEPA 
according to Air Force Policy Directive (AFPD) 32-70, Environmental 
Quality.2
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    \2\See footnote 1 to Sec. 989.1.
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    (b) Major Commands (MAJCOMs) provide additional implementing 
guidance in their supplemental publications to this part. MAJCOM 
supplements must identify the specific offices that have implementation 
responsibility and include any guidance needed to comply with this 
part. All references to MAJCOMs in this part include the Air National 
Guard Readiness Center (ANGRC) and other agencies designated as 
``MAJCOM equivalent'' by HQ USAF.


Sec. 989.3  Responsibilities.

    (a) Office of the Secretary of the Air Force.
    (1) The Assistant Secretary of the Air Force for Manpower, Reserve 
Affairs, Installations and Environment (SAF/MI):
    (i) Promulgates and oversees policy to ensure integration of 
environmental considerations.
    (ii) Determines the level of environmental analysis required for 
especially important, visible, or controversial Air Force proposals and 
approves selected Environmental Assessments (EAs) and Findings of No 
Significant Impact (FONSIs).
    (iii) Is the liaison on environmental matters with Federal agencies 
and national-level public interest organizations.
    (iv) Is the approval authority for all Environmental Impact 
Statements (EISs) prepared for Air Force actions, whether classified or 
unclassified.
    (2) The General Counsel (SAF/GC):
    (i) Provides final legal advice to SAF/MI, HQ USAF, and HQ USAF 
Environmental Protection Committee (EPC) on NEPA questions.
    (3) Office of Legislative Liaison (SAF/LL):
    (i) Distributes draft and final EISs to congressional delegations.
    (ii) Reviews and provides the Office of the Secretary of Defense 
(OSD) with analyses of the Air Force position on proposed and enrolled 
legislation and executive department testimony dealing with EIAP 
issues.
    (4) Office of Public Affairs (SAF/PA):
    (i) Reviews environmental documents requiring Office of the 
Secretary of the Air Force approval prior to public release.
    (ii) Assists the environmental planning function and the Air Force 
Legal Services Agency, Trial Judiciary Division (AFLSA/JAJT) in 
planning and conducting public scoping meetings and hearings.
    (iii) Ensures that public affairs aspects of all EIAP actions are 
conducted in accordance with AFI 35-202, Environmental Community 
Involvement3.
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    \3\See footnote 1 to Sec. 989.1.
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    (iv) The National Guard Bureau, Office of Public Affairs (NGB/PA) 
will assume the responsibilities of SAF/PA for the EIAP involving the 
National Guard Bureau, Air Directorate.
    (b) Headquarters United States Air Force (HQ USAF). The Civil 
Engineer (HQ USAF/CE) formulates and oversees execution of EIAP policy. 
The National Guard Bureau Air Directorate (NGB/CF) oversees the EIAP 
for Air National Guard actions.
    (c) MAJCOMs, Air Force Reserve (AFRES), ANG, and Field Operating 
Agencies (FOAs). These organizations establish procedures that comply 
with this part wherever they are the host unit for preparing and using 
required environmental documentation in making decisions about proposed 
actions and programs within their commands.
    (1) Air Force Center for Environmental Excellence (AFCEE). The 
AFCEE Environmental Conservation and Planning Directorate (AFCEE/EC) 
provides technical assistance to major commands and the Base Conversion 
Agency.
    (2) Air Force Regional Compliance Offices (RCOs). RCOs review other 
agency environmental documents that may have an impact on the Air 
Force. Requests for review of such documents should be directed to the 
proper RCO (Atlanta, Dallas, or San Francisco) along with any relevant 
comments. The RCO:
    (i) Notifies the proponent, after receipt, that the RCO is the 
single point of contact for the Air Force review of the document.
    (ii) Requests comments from potentially affected installations, 
MAJCOMs, the ANG, and HQ USAF, as required.
    (iii) Consolidates comments into the Air Force official response 
and submits the final response to the proponent.
    (iv) Provides to HQ USAF, the appropriate MAJCOMs and installations 
a copy of the final response and a complete set of all review comments.
    (3) Headquarters Air Force Materiel Command (HQ AFMC). HQ AFMC is 
responsible for applying EIAP to all proposed Air Force weapons systems 
and modifications to existing systems. These documents may be used as a 
basis for tiering documents in subsequent system beddown environmental 
analyses (see Sec. 989.10). HQ AFMC ensures that:
    (i) Environmental documents for acquisition of systems required for 
Defense Acquisition Board (DAB) decisions are completed prior to DAB 
milestone decisions.
    (ii) Detailed guidance on the EIAP for acquisition programs, 
contained in DoDI 5000.2, part 6, Section I; DoD Manual 5000.2-M, part 
4, Section F (Integrated Program Summary)4; Air Force supplements, 
is complied with or is followed. Analysis requirements in this part 
apply where the Air Force is the sole acquisition agent or the lead 
service for joint programs.
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    \4\See footnote 1 to Sec. 989.1.
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    (iii) EIAP studies involving real property, facilities, personnel, 
and training to support acquisition programs are coordinated through 
the HQ AFMC environmental planning function.
    (d) Environmental Planning Function (EPF). The EPF is the 
interdisciplinary staff, at any level of command, responsible for the 
EIAP. The EPF:
    (1) Assists the proponent in preparing a DOPAA and actively 
supports the proponent during all phases of the EIAP.
    (2) Evaluates proposed actions and completes Sections II and III of 
AF Form 813, Request for Environmental Impact Analysis, subsequent to 
submission by the proponent and determines whether a Categorical 
Exclusion (CATEX) applies. The EPF responsible official signs the AF 
Form 813 certification.
    (3) Identifies and documents, with technical advice from the 
bioenvironmental engineer and other staff members, environmental 
quality standards that relate to the action under evaluation.
    (4) Prepares environmental documents, or obtains technical 
assistance through Air Force channels or contract support and adopts 
the documents as official Air Force papers when completed and approved.
    (5) Ensures the EIAP is conducted on base-and MAJCOM-level plans, 
including contingency plans for the training, movement, and operations 
of Air Force personnel and equipment.
    (6) Prepares the Notice of Intent (NOI) to prepare an EIS with 
assistance from the proponent and the Public Affairs Office.
    (7) Prepares applicable portions of the Certificate of Compliance 
for each military construction project according to AFI 32-10215.
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    \5\See footnote 1 to Sec. 989.1.
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    (e) Proponent. Each office, unit, or activity at any level that 
initiates Air Force actions is responsible for:
    (1) Notifying the EPF of a pending action and completing Section I 
of the AF Form 813, including a Description of Proposed Action and 
Alternatives (DOPAA), for submittal to the EPF.
    (2) Identifying key decision points and coordinating with the EPF 
on EIAP phasing to ensure that environmental documents are available to 
the decision-maker before the final decision is made and ensuring that 
activities associated with the proposal are not implemented until the 
EIAP is complete.
    (3) Integrating the EIAP into the planning stages of a proposed 
program or action and, with the EPF, determining as early as possible 
whether to prepare an EIS.
    (4) Presenting the DOPAA to the EPC for review and comment.
    (5) Coordinating with the EPF prior to organizing public or 
interagency meetings which deal with EIAP elements of a proposed action 
and involving persons or agencies outside the Air Force.
    (6) Subsequent to the decision to prepare an EIS, assisting the EPF 
and Public Affairs Office in preparing a draft NOI to prepare an EIS. 
All NOIs must be forwarded to HQ USAF/CEV for review and publication in 
the Federal Register.
    (f) Environmental Protection Committee (EPC). The EPC helps 
commanders assess, review and approve EIAP documents.
    (g) Staff Judge Advocate (SJA). The Staff Judge Advocate:
    (1) Advises the command-level proponent EPF and EPC on CATEX 
determinations and the legal sufficiency of environmental documents.
    (2) Advises the EPF during the scoping process of issues that 
should be addressed in EISs and on procedures for the conduct of public 
hearings.
    (3) Coordinates the appointment of the independent hearing officer 
with AFLSA/JAJT (or NGB/JA) and provides support for the hearing 
officer in cases of public hearings on the draft EIS.
    The proponent pays administrative and TDY costs. The hearing 
officer presides at hearings and makes final decisions regarding 
hearing procedures, with concurrence from AF/CEV (or ANGRC/CEV).
    (4) Promptly refers all matters causing or likely to cause 
substantial public controversy or litigation through channels to AFLSA/
JACE (or NGB/JA).
    (h) Public Affairs Officer. This officer:
    (1) Advises the EPF, the EPC, and the proponent on public affairs 
implications of proposed actions and reviews environmental documents 
for public affairs issues.
    (2) Advises the EPF during the scoping process of issues that 
should be addressed in the EIS.
    (3) Prepares, coordinates, and distributes news releases related to 
the proposal and associated EIAP documents.
    (4) Notifies the media (television, radio, newspaper) and purchases 
advertisements when newspapers will not run notices free of charge.
    (5) For more comprehensive instructions about public affairs 
activities in environmental matters, see AFI 35-2026.
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    \6\See footnote 1 to Sec. 989.1.
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    (i) Medical Service. The Medical Service, represented by the 
bioenvironmental engineer, provides technical assistance to EPFs in the 
areas of environmental health standards, environmental effects, and 
environmental monitoring capabilities. The Air Force Armstrong 
Laboratory, Occupational and Environmental Health Directorate, provides 
additional technical support.
    (j) Safety Office. The Safety Office provides technical assistance 
to EPFs to ensure consideration of safety standards and requirements.


Sec. 989.4  Initial considerations.

    Air Force personnel will:
    (a) Consider and document environmental effects of proposed Air 
Force actions through Environmental Assessments (EAs), Environmental 
Impact Statements (EISs), Findings of No Significant Impact (FONSIs), 
and Records of Decision. The Air Force also considers the AF Form 813, 
the EIS Record of Decision (ROD), and documents prepared according to 
Executive Order (E.O.) 12114 to be environmental documents.
    (b) Evaluate proposed actions for possible categorical exclusion 
(CATEX) from environmental impact analysis (Sec. 989.33). CATEXs may 
apply to actions in the United States, its territories and possessions, 
and abroad.
    (c) Make environmental documents, comments, and responses, 
including those of other federal, state, and local agencies and the 
public, part of the record available for review and use at all levels 
of decision-making.
    (d) Ensure that alternatives considered by the decision-maker are 
both reasonable and within the range of alternatives analyzed in the 
environmental documents.
    (e) Review the specific alternatives analyzed in the EIAP when 
evaluating the proposal prior to decision-making.
    (f) Pursue the objective of furthering foreign policy and national 
security interests while at the same time considering important 
environmental factors.
    (g) Consider the environmental effects of actions that affect the 
global commons.
    (h) Carry out actions that affect the environment of a foreign 
nation in a way that allows consideration of the environment, existing 
international agreements, and the sovereignty of other nations 
(Sec. 989.35).
    (i) Determine whether any foreign government should be informed of 
the availability of environmental documents. Formal arrangements with 
foreign governments concerning environmental matters and communications 
with foreign governments concerning environmental agreements will be 
coordinated with the Department of State by SAF/MIQ through the 
Assistant Secretary of Defense. This coordination requirement does not 
apply to informal working-level communications and arrangements.


Sec. 989.5  Organizational relationships.

    The host EPF manages the EIAP using an interdisciplinary team 
approach. This is especially important for tenant-proposed actions, 
because the host command is responsible for the EIAP for actions 
related to the host command's installations.
    (a) The host command prepares environmental documents internally or 
directs the host base to prepare the environmental documents. 
Environmental document preparation may be by contract (requiring the 
tenant to fund the EIAP), or by the tenant unit. Regardless of the 
preparation method, the host command will ensure the required 
environmental analysis is accomplished. The host EPC must approve the 
EIAP documents before a decision is made on the proposal and an action 
is undertaken.
    (b) For aircraft beddown and unit realignment actions, program 
elements are identified in the Program Objective Memorandum. Subsequent 
Program Change Requests must include AF Form 813. When a program for a 
given year has sufficient support, HQ USAF/XOO notifies the host 
command or NGB/XO to initiate the EIAP. For classified actions, MAJCOMs 
and ANG begin reporting monthly EIAP status to HQ USAF/XO (copy to SAF/
MIQ and HQ USAF/CEV) while the proposal is still classified, and upon 
declassification, to HQ USAF/CEV. MAJCOMs and ANG continue reporting 
until the EIAP is complete for all projects.
    (c) To ensure timely initiation of the EIAP, SAF/AQ forwards 
information copies of all Mission Need Statements (MNSs) and System 
Operational Requirements Documents (SORDs) to SAF/MIQ, HQ USAF/CEV (or 
ANGRC/CEV), the Air Force Medical Operations Agency, Aerospace Medicine 
Office (AFMOA/SG), and the affected MAJCOM EPFs.
    (d) The MAJCOM of the scheduling unit managing affected airspace is 
responsible for preparing and approving environmental analyses. The 
scheduling unit's higher headquarters may choose whether to prepare the 
environmental document, but is ultimately responsible for EIAP document 
accomplishment and approval.


Sec. 989.6  Budgeting and funding.

    Contract EIAP efforts are proponent MAJCOM responsibilities. For HQ 
AFMC, the system program office or project office budgets and funds 
EIAP efforts relating to research, development, testing, and evaluation 
activities. Each year, the EPF budgets for the anticipated EIAP 
workload based on reports of command proponents. If proponent offices 
exceed the budget in a given year or identify unforeseen requirements, 
the proponent offices must provide the remaining funding.


Sec. 989.7  Requests from non-Air Force agencies or entities.

    Non-Air Force agencies or entities may request the Air Force to 
undertake an action, such as issuing a permit or outleasing Air Force 
property, that may ultimately benefit the requester or an agency other 
than the Air Force. The EPF and other Air Force staff elements must 
identify such requests and coordinate with the proponent of the non-Air 
Force proposal, as well as with concerned state, local, and tribal 
authorities.
    (a) Air Force decisions on such proposals must take into 
consideration the potential environmental impacts of the applicant's 
proposed activity (as described in an Air Force environmental 
document), insofar as the proposed action involves Air Force property 
or programs, or requires Air Force approval.
    (b) The Air Force may require the requester to prepare, at the 
requester's expense, an analysis of environmental impacts (40 CFR 
1506.5), or the requester may be required to pay for an EA or EIS to be 
prepared by a contractor selected and supervised by the Air Force. The 
EPF may permit requesters to submit draft EAs for their proposed 
actions, except for actions described in Sec. 989.16(a) and (b), or for 
actions the EPF has reason to believe will ultimately require an EIS. 
In the latter case, the EPF has the responsibility to prepare the 
environmental document. The fact that the requester has prepared 
environmental documents at its own expense does not commit the Air 
Force to allow or undertake the proposed action or its alternatives. 
The requester is not entitled to any preference over other potential 
parties with whom the Air Force might contract or make similar 
arrangements.
    (c) In no event is the requester who prepares or funds an 
environmental analysis entitled to reimbursement from the Air Force. 
When requesters prepare environmental documents outside the Air Force, 
the Air Force must independently evaluate and approve the scope and 
content of the environmental analyses before using the analyses to 
fulfill EIAP requirements. Any outside environmental analysis must 
evaluate reasonable alternatives as defined in Sec. 989.8.


Sec. 989.8  Analysis of alternatives.

    The Air Force must analyze reasonable alternatives to the proposed 
action and the ``no action'' alternative in all EAs and EISs, as fully 
as the proposed action alternative.
    (a) ``Reasonable'' alternatives are those that meet the underlying 
purpose and need for the proposed action and that would cause a 
reasonable person to inquire further before choosing a particular 
course of action. Reasonable alternatives are not limited to those 
directly within the power of the Air Force to implement.
    They may involve another government agency or military service to 
assist in the project or even to become the lead agency. The Air Force 
must also consider reasonable alternatives raised during the scoping 
process (see Sec. 989.18) or suggested by others, as well as 
combinations of alternatives. The Air Force need not analyze highly 
speculative alternatives, such as those requiring a major, unlikely 
change in law or governmental policy. If the Air Force identifies a 
large number of reasonable alternatives, it may limit alternatives 
selected for detailed environmental analysis to a reasonable range or 
to a reasonable number of examples covering the full spectrum of 
alternatives.
    (b) The Air Force may expressly eliminate alternatives from 
detailed analysis, based on reasonable selection standards (for 
example, operational, technical, or environmental standards suitable to 
a particular project). Proponents may develop written selection 
standards to firmly establish what is a ``reasonable'' alternative for 
a particular project, but they must not so narrowly define these 
standards that they unnecessarily limit consideration to the proposal 
initially favored by proponents. This discussion of reasonable 
alternatives applies equally to EAs and EISs.
    (c) Except where excused by law, the Air Force must always consider 
and assess the environmental impacts of the ``no action'' alternative. 
``No action'' may mean either that current management practice will not 
change or that the proposed action will not take place. If no action 
would result in other predictable actions, those actions should be 
discussed within the no action alternative section. The discussion of 
the no action alternative and the other alternatives should be 
comparable in detail to that of the proposed action.


Sec. 989.9  Lead and cooperating agency.

    When the Air Force is a cooperating agency in the preparation of an 
EIS, the Air Force reviews and approves principal environmental 
documents within the EIAP as if they were prepared by the Air Force. 
The Air Force executes a Record of Decision for its program decisions 
that are based on an EIS for which the Air Force is a cooperating 
agency. SAF/MIQ is the Air Force authority that approves all EISs, 
whether the Air Force is the lead or a cooperating agency. The Air 
Force may also be a lead or cooperating agency on an EA using similar 
procedures, but the MAJCOM EPC retains approval authority unless 
otherwise directed by HQ USAF. Before invoking provisions of 40 CFR 
1501.5(e), the lowest authority level possible resolves disputes 
concerning which agency is the lead or cooperating agency.


Sec. 989.10  Tiering.

    The Air Force should use tiered (40 CFR 1502.20) environmental 
documents, and environmental documents prepared by other agencies, to 
eliminate repetitive discussions of the same issues and to focus on the 
issues relating to specific actions. If the Air Force adopts another 
federal agency's environmental document, subsequent Air Force 
environmental documents may also be tiered.


Sec. 989.11  Combining EIAP with other documentation.

    (a) The EPF combines environmental analysis with other related 
documentation when practicable (40 CFR 1506.4) following the procedures 
prescribed by the CEQ regulations and this part.
    (b) The EPF must integrate comprehensive planning (AFI 32-
7062)7 with the requirements of NEPA and the EIAP. Prior to making 
a decision to proceed, the EPF must analyze the environmental impacts 
that could result from implementation of a proposal identified in the 
comprehensive plan.
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    \7\See footnote 1 to Sec. 989.1.
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Sec. 989.12  Air Force Form 813, Request for Environmental Impact 
Analysis.

    The Air Force uses AF Form 813 to document the need for 
environmental analysis or for certain CATEX determinations for proposed 
actions. The form helps narrow and focus the issues to potential 
adverse environmental impacts. AF Form 813 must be retained with the EA 
or EIS to record the focusing of environmental issues. The rationale 
for not addressing environmental issues must also be recorded in the 
EIAP document.


Sec. 989.13  Categorical exclusion (CATEX).

    (a) CATEXs apply to those classes of actions that do not 
individually or cumulatively have potential for significant effect on 
the environment and do not, therefore, require further environmental 
analysis in an EA or an EIS. The list of Air Force-approved CATEXs is 
in Sec. 989.33. Command supplements may not add CATEXs or expand the 
scope of the CATEXs in Sec. 989.33.
    (b) Characteristics of categories of actions that usually do not 
require either an EIS or an EA (in the absence of extraordinary 
circumstances) include:
    (1) Minimal adverse effect on environmental quality.
    (2) No significant change to existing environmental conditions.
    (3) No significant cumulative environmental impact.
    (4) Socioeconomic effects only.
    (5) Similarity to actions previously assessed and found to have no 
significant environmental impacts.
    (c) CATEXs apply to actions in the United States and abroad. 
General exemptions specific to foreign nations and protected global 
resources are in Sec. 989.35. The EPF or other decision-maker forwards 
requests for additional exemption determinations (see 
Sec. 989.35(c)(2)) for actions that will have an impact on foreign 
nations and protected global resources to HQ USAF/CEV with a 
justification letter.
    (d) Normally, any decision-making level may determine the 
applicability of a CATEX and need not formally record the determination 
on AF Form 813, except as noted in the CATEX list.


Sec. 989.14  Environmental assessment (EA).

    (a) When a proposed action is one not usually requiring an EIS and 
is not categorically excluded, the EPF must prepare an EA (40 CFR 
1508.9). Every EA must lead to either a Finding of No Significant 
Impact (FONSI), a decision to prepare an EIS, or no decision on the 
proposal.
    (b) Whenever a proposed action usually requires an EIS, the EPF 
responsible for the EIAP may prepare an EA to definitively determine if 
an EIS is required based on the analysis of environmental impacts. 
Alternatively, the EPF may choose to bypass the EA and proceed with 
preparation of an EIS.
    (c) An EA is a written analysis which serves to:
    (1) Provide analysis sufficient to determine whether to prepare an 
EIS or FONSI.
    (2) Aid the Air Force in complying with the NEPA when no EIS is 
required.
    (d) An EA discusses the need for the proposed action, reasonable 
alternatives to the proposed action, the affected environment, the 
environmental impacts of the proposed action and alternatives 
(including the ``no action'' alternative), and a listing of agencies 
and persons consulted during preparation.
    (e) The format for the EA is the same as the EIS. The alternatives 
section of an EA and an EIS are similar and should follow the 
alternatives analysis guidance outlined in Sec. 989.8.
    (f) The EPF should design the EA to facilitate rapidly transforming 
the document into an EIS if the environmental analysis reveals a 
significant impact.
    (g) Certain EAs require SAF/MIQ approval because they involve 
topics of special importance or interest. Unless directed otherwise by 
SAF/MIQ, the EPF must forward the following types of EAs to SAF/MIQ 
through HQ USAF/CEV (copy to AFCEE/EC for technical review), along with 
an unsigned FONSI:
    (1) EAs for actions where the Air Force has wetlands or floodplains 
compliance responsibilities (E.O. 11988 and E.O. 11990). A Finding of 
No Practicable Alternative (FONPA) must be submitted to HQ USAF/CEV 
when the alternative selected is located in wetlands or floodplains, 
and must discuss why no other practicable alternative exists to avoid 
impacts. Refer to AFI 32-7064, Integrated Natural Resources 
Management.8
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    \8\See footnote 1 to Sec. 989.1.
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    (2) System acquisition EAs.
    (3) All EAs on non-Air Force agency proposals that require an Air 
Force decision, such as use of Air Force property for highways and 
joint-use proposals.
    (4) EAs for actions that require the Air Force to make conformity 
determinations pursuant to the Clean Air Act, as amended, and the 
implementing rules. Conformity determinations are made by SAF/MIQ, see 
Sec. 989.28.
    (h) A few examples of actions that normally require preparation of 
an EA (except as indicated in the CATEX list) include:
    (1) Public land withdrawals of less than 5,000 acres.
    (2) Minor mission realignments and aircraft beddowns.
    (3) Building construction on base within developed areas.
    (4) Minor modifications to Military Operating Areas (MOAs), air-to-
ground weapons ranges, and military training routes.
    (5) Remediation of hazardous waste disposal sites.
    (i) Abbreviated environmental assessment. In special circumstances, 
when the potential environmental impacts of a proposed action are 
clearly insignificant (as documented on AF Form 813) and none of the 
CATEXs in Sec. 989.33 apply, the EPF can use an abbreviated EA to 
assess the action. At a minimum, the abbreviated EA will consist of:
    (1) AF Form 813 with attachments analyzing the proposed action and 
alternatives.
    (2) A concise description of the affected environment.
    (3) A concise FONSI, signed by the installation or MAJCOM EPC 
Chairperson (see Sec. 989.15).
    (j) The Air Force should involve environmental agencies, 
applicants, and the public in the preparation of EAs to the extent 
practicable (40 CFR 1501.4(b)). The extent of involvement usually 
coincides with the magnitude and complexity of the proposed action and 
its potential environmental effect on the area. While the document is 
in preparation, the EPF does not need to provide it to the general 
public or to regulatory agencies, but may distribute it to potentially 
interested individuals and agencies. For proposed actions described in 
Sec. 989.15(f), consider whether the EIS scoping process described in 
Sec. 989.18 would be appropriate.


Sec. 989.15  Finding of no significant impact (FONSI).

    (a) The FONSI (40 CFR 1508.13) briefly describes why an action 
would not have a significant effect on the environment and thus will 
not be the subject of an EIS. The FONSI must summarize the EA or have 
it attached and incorporated by reference, and must note any other 
environmental documents related to the action.
    (b) If the EA is not attached, the FONSI must include:
    (1) Name of the action.
    (2) Brief description of the action (including alternatives 
considered and the chosen alternative).
    (3) Brief discussion of anticipated environmental effects.
    (4) Conclusions leading to the FONSI.
    (5) All mitigation actions that will be adopted with implementation 
of the proposal (see Sec. 989.22).
    (c) Keep FONSIs as brief as possible. Most FONSIs should not exceed 
two typewritten pages. Stand-alone FONSIs without an attached EA may be 
longer.
    (d) For actions of regional or local interest, disseminate the 
FONSI according to Sec. 989.23. The MAJCOM and NGB are responsible for 
release of FONSIs to regional offices of federal agencies, the state 
single point of contact (SPOC), and state agencies concurrent with 
local release by the installations.
    (e) The EPF must provide the FONSI and complete EA to organizations 
and individuals requesting them and to whomever the proponent or the 
EPF has reason to believe are interested in the action. The EPF 
provides copies of the documents without cost to organizations and 
individuals requesting them, to the extent practicable. The FONSI 
transmittal date (date of letter of transmittal) to the SPOC or other 
interested party is the official notification date.
    (1) The EPF must make the draft EA/FONSI available to the affected 
public (40 CFR 1501.4(e)(1)), unless disclosure is precluded for 
security classification reasons. Before making a final determination to 
prepare an EIS, or before the FONSI is signed and the action is 
implemented, the EPF must allow sufficient time to receive comments 
from the public. The time period will reflect the magnitude of the 
proposed action and its potential for controversy. The EPF considers 
comments and incorporates them, where appropriate, into the EA as noted 
in Sec. 989.19(d).
    (2) As a rule, the same organizational level that prepares the EA 
reviews and recommends the FONSI for approval by the EPC. MAJCOMs may 
decide the level of EA approval and FONSI signature.
    (3) Air Force staff must get permission to deviate from the 
procedures outlined in this part from SAF/MIQ in accordance with 
Sec. 989.30, Special and emergency procedures.
    (f) In the following circumstances, the draft FONSI is made 
available for public review for at least 30 days before a final 
determination on EIS preparation is made or before FONSI approval and 
implementing the action (40 CFR 1501.4(e)(2)):
    (1) When the proposed action is, or is closely similar to, one that 
usually requires preparation of an EIS (see Sec. 989.16).
    (2) If it is an unusual case, a new kind of action, or a precedent-
setting case in terms of its potential environmental impacts.
    (3) If the proposed action would be located in a floodplain or 
wetland.


Sec. 989.16  Environmental impact statement (EIS).

    (a) Certain classes of environmental impacts require preparation of 
an EIS (40 CFR part 1502). These include, but are not limited to:
    (1) Potential for significant degradation of the environment.
    (2) Potential for significant threat or hazard to public health or 
safety.
    (3) High public controversy concerning the significance or nature 
of the biophysical environmental impact of a proposed action.
    (b) Certain other actions normally, but not always, require an EIS. 
These include, but are not limited to:
    (1) Public land withdrawals of over 5,000 acres (Engle Act, 43 
U.S.C. 155-158).
    (2) Establishment of new air-to-ground weapons ranges.
    (3) Site selection of new airfields.
    (4) Site selection of major installations.
    (5) Development of major new weapons systems (at decision points 
that involve demonstration, validation, production, deployment, and 
area or site selection for deployment).
    (6) Establishing or expanding supersonic training areas over land 
below 30,000 feet MSL (mean sea level).
    (7) Reuse and disposal of closing installations.


Sec. 989.17  Notice of intent (NOI).

    The EPF must furnish to HQ USAF/CEV the NOI (40 CFR 1508.22) 
describing the proposed action for publication in the Federal Register. 
The EPF, through the host base public affairs office, will also provide 
the NOI to newspapers and other media in the area potentially affected 
by the proposed action. The EPF must provide copies of the notice to 
the proper state SPOC (E.O. 12372) and must also distribute it to 
requesting agencies, organizations, and individuals. The EPF must also 
forward the completed DOPAA along with the draft NOI to HQ USAF for 
review.


Sec. 989.18  Scoping.

    After publication of the NOI for an EIS, the EPF must initiate the 
public scoping process (40 CFR 1501.7) to determine the scope of issues 
to be addressed and to help identify significant environmental issues 
to be analyzed in depth. Methods of scoping range from soliciting 
written comments to conducting public scoping meetings (see 40 CFR 
1501.7 and 1506.6(e)). The purpose of this process is to de-emphasize 
insignificant issues and focus the scope of the environmental analysis 
on significant issues (40 CFR 1500.4(g)). The result of scoping is that 
the proponent and EPF determine the range of actions, alternatives, and 
impacts to be considered in the EIS (40 CFR 1508.25). The EPF must send 
meeting plans for scoping meetings to AF/CEV (or ANGRC/CEV) for SAF/MIQ 
concurrence no later than 30 days prior to the first scoping meeting. 
Scoping meeting plans are similar in content to public hearing plans 
(see Sec. 989.36).


Sec. 989.19  Draft EIS.

    (a) The EPF prepares a Preliminary Draft EIS (PDEIS) (40 CFR 
1502.9) based on the scope of issues decided on during the scoping 
process. The format of the EIS must be in accordance with the format 
recommended in the CEQ regulations (40 CFR 1502.10 and 1502.11). The 
CEQ regulations indicate that EISs are normally fewer than 150 pages 
(300 pages for proposals of unusual complexity). The EPF provides a 
sufficient number of copies of the PDEIS to HQ USAF/CEV for HQ USAF EPC 
review and AFCEE/EC for technical review.
    (b) After the HQ USAF EPC review, the EPF makes any necessary 
revisions to the PDEIS and forwards it to HQ USAF/CEV as a Draft EIS 
for security and policy review. Once the Draft EIS is approved, HQ 
USAF/CEV notifies the EPF to print sufficient copies of the Draft EIS 
for distribution to congressional delegations and interested agencies. 
After congressional distribution, the EPF sends the Draft EIS to all 
others on the distribution list. HQ USAF/CEV then files the document 
with the Environmental Protection Agency (EPA) and provides a copy to 
the Deputy Under Secretary of Defense for Environmental Security.
    (c) Public review of draft EIS (40 CFR 1502.19).
    (1) The public comment period for the Draft EIS is at least 45 days 
from the publication date of the notice of availability of the Draft 
EIS in the Federal Register. EPA publishes in the Federal Register, 
each week, a notice of availability of EISs filed during the preceding 
week. This public comment period may be extended an additional 15 days, 
at the request of the EPF. If the Draft EIS is unusually long, the EPF 
may distribute a summary to the public with an attached list of 
locations (such as public libraries) where the entire Draft EIS may be 
reviewed. The EPF must distribute the full Draft EIS to certain 
entities, for example agencies with jurisdiction by law or agencies 
with special expertise in evaluating the environmental impacts, and 
anyone else requesting the entire Draft EIS (40 CFR 1502.19).
    (2) The EPF holds public hearings on the Draft EIS according to the 
procedures in 40 CFR 1506.6 (c) and (d). Hearings take place no sooner 
than 15 days after the Federal Register notice of availability and at 
least 15 days before the end of the comment period. Scheduling hearings 
toward the end of the comment period is encouraged to allow the public 
to obtain and more thoroughly review the Draft EIS. The EPF must 
provide hearing plans to HQ USAF/CEV (or ANGRC/CEV) for SAF/MIQ 
concurrence no later than 30 days prior to the first public hearing. 
See Sec. 989.36 for public hearing procedures.
    (d) Response to comments (40 CFR 1503.4). The EPF must incorporate 
its responses to comments in the Final EIS by either modifying the text 
or providing a written explanation in the comments section. The EPF may 
group comments of a similar nature together to comprise a common 
response and may also respond to individuals separately. Comments that 
are not substantive, that merely oppose the proposal, that debate the 
purpose or need for it, or that otherwise do not call for a response 
that would enhance the environmental analysis, do not require a 
specific response.


Sec. 989.20  Final EIS.

    (a) If changes in the Draft EIS are minor or limited to factual 
corrections and responses to comments, the proponent may, with the 
prior approval of SAF/MIQ, prepare a document containing only Draft EIS 
comments, Air Force responses, and errata sheets of changes staffed to 
the HQ USAF EPC for coordination. However, the proponent must submit 
the Draft EIS and all of the above documents, with a new cover sheet 
indicating that it is a Final EIS (40 CFR 1503.4(c)), to HQ USAF/CEV 
for filing with the EPA (40 CFR 1506.9). If more extensive 
modifications are required, the EPF must prepare a Preliminary Final 
EIS incorporating these modifications for coordination within the Air 
Force. Regardless of which procedure is followed, the Final EIS must be 
processed in the same way as the Draft EIS, except that the public need 
not be invited to comment during the 30-day post-filing waiting period. 
The EPF does not need to respond to public comments received during 
this period.
    (b) The EPF processes all necessary revisions or supplements to 
EISs (40 CFR 1502.9) in the same way as the original draft and final 
EIS, except that a new scoping process is not required.


Sec. 989.21  Record of decision (ROD).

    (a) A ROD (40 CFR 1505.2) is a concise public document stating what 
an agency's decision is on a specific action. The ROD may be integrated 
into any other document required to implement the agency's decision. A 
decision on a course of action may not be made until 30 days after 
publication of the notice of availability of the Final EIS in the 
Federal Register. EPA files notices of availability every Friday, and 
only on Friday.
    Typically, notices appear in the Federal Register four working days 
after the EPA filing.
    (b) The Air Force must announce the ROD to the affected public as 
specified in Sec. 989.23, Public notification, except for classified 
portions. The ROD should be concise and should explain the conclusion, 
the reason for the selection, and the alternatives considered. The ROD 
must identify the course of action (proposed action or an alternative) 
that is considered environmentally preferable regardless of whether it 
is the alternative selected for implementation. The ROD should 
summarize all the major factors the agency weighed in making its 
decision, including essential considerations of national policy.
    (c) The ROD must state whether the selected alternative employs all 
practicable means to avoid, minimize, or mitigate environmental impacts 
and, if not, explain why. The MAJCOM prepares proposed RODs, formally 
staffs them to SAF/MIQ for verification of adequacy, and forwards them 
to the final decision-maker for signature.


Sec. 989.22  Mitigation.

    (a) When preparing EIAP documents, indicate clearly whether 
mitigation measures (40 CFR 1508.20) must be implemented for the 
alternative selected. Discuss mitigation measures in terms of ``will'' 
and ``would'' when such measures have already been incorporated into 
the proposal. Use terms like ``may'' and ``could'' when proposing or 
suggesting mitigation measures. Both the public and the Air Force 
community need to know what commitments are being considered and 
selected, and who will be responsible for implementing, funding, and 
monitoring the mitigation measures.
    (b) The proponent funds and implements mitigation measures in the 
mitigation plan that are approved by the decision-maker. Where 
possible, the proponent should include the cost of mitigation as a line 
item in the budget for a proposed project. The proponent must keep the 
EPF informed of the status of mitigation measures when the proponent 
implements the action. The EPF monitors the progress of mitigation 
implementation and reports its status to HQ USAF/CEV on a periodic 
basis. The EPF must also provide the results of relevant mitigation 
monitoring to the public upon request.
    (c) The proponent may ``mitigate to insignificance'' potentially 
significant environmental impacts found during preparation of an EA, in 
lieu of preparing an EIS. The FONSI for the EA must include these 
mitigation measures. EA/FONSI mitigation commitments are legally 
binding and must be carried out as the proponent implements the 
project. If, for any reason, the project proponent later abandons or 
revises in environmentally-adverse ways the mitigation commitments made 
in the FONSI, the proponent must prepare a supplemental EIAP document 
before continuing the project. If potentially significant environmental 
impacts would result from any project revisions, the proponent must 
prepare an EIS.
    (d) Mitigation plan. For each FONSI or ROD containing mitigation 
measures, the proponent publishes a plan specifically identifying each 
mitigation, discussing how the proponent will execute the mitigations, 
identifying who will fund and implement the mitigations, and stating 
when the proponent will complete the mitigation. The mitigations 
discussed in the FONSI should be limited to only those actions that 
mitigate a significant environmental impact to insignificance. Any 
other mitigation measures to which the proponent wants to commit itself 
should be discussed in the body of the EA. The mitigation plan will be 
forwarded to HQ USAF/CEV for review within 90 days from the date of 
signature of the FONSI or ROD.


Sec. 989.23  Public notification.

    Except as provided in Sec. 989.25, Classified actions, public 
notification is required for various aspects of the EIAP.
    (a) Activities that require public notification include:
    (1) The FONSI for an EA.
    (2) Preparation of an EIS (Notice of Intent).
    (3) Public scoping meetings.
    (4) Availability of the Draft EIS.
    (5) Public hearings on the Draft EIS (which may be included in the 
Notice of Availability for the Draft EIS).
    (6) Availability of the Final EIS.
    (7) The Record of Decision for an EIS and associated mitigations.
    (b) For actions of local concern, the list of possible notification 
methods in 40 CFR 1506.6(b)(3) is only illustrative.
    The EPF may use other equally effective means of notification as a 
substitute for any of the methods listed. Because many Air Force 
actions are of limited interest to persons or organizations outside the 
Air Force, the EPF may limit local notification to the single point of 
contact (E.O. 12372), local government representatives, and local news 
media. For all FONSI or EIS notices, if the news media fail to carry 
the story and, in the case of a FONSI, if the action requires that, 
after public notice of the FONSI, 30 days must pass before a decision 
or any action is permissible (see Sec. 989.15(f)), the public affairs 
officer must purchase an advertisement in the local newspaper(s) of 
general circulation (not ``legal'' newspapers or ``legal section'' of 
general newspapers).
    (c) For the purpose of EIAP, the EPF satisfies the requirement of 
local notification when it sends written notification to the state SPOC 
or other organization (date of letter of notification) or when the 
local media carries the story (date of story), whichever occurs first. 
Authority to approve the publication of notices in newspapers is 
delegated as specified in the Secretary of the Air Force Order 650.5. 
Operations and maintenance funds pay for the advertisements.


Sec. 989.24  Base closure and realignment.

    Base closure or realignment may entail special requirements for 
environmental analysis. The permanent base closure and realignment law, 
10 U.S.C. 2687, requires a report to Congress when an installation 
where at least 300 DoD civilian personnel are authorized to be employed 
is closed, or when a realignment reduces such an installation by at 
least 50 percent or 1,000 personnel, whichever is less. In addition, 
other base closure laws may be in effect during particular periods. 
Such non-permanent closure laws frequently contain provisions limiting 
the extent of environmental analysis required for actions taken under 
them. Such provisions may also add requirements for studies not 
necessarily required by NEPA. When dealing with base closure or 
realignment EIAP documents, MAJCOMs and HQ USAF offices should obtain 
legal advice on special congressional requirements. Consult with HQ 
USAF/XOO, the HQ USAF focal point for the realignment process, decision 
documents, and congressional requirements.


Sec. 989.25  Classified actions (40 CFR 1507.3(c)).

    (a) Classification of an action for national defense or foreign 
policy purposes does not relieve the requirement of complying with 
NEPA. In classified matters, the Air Force must prepare and make 
available normal NEPA environmental analysis documents to aid in the 
decision-making process; however, Air Force staff must prepare, 
safeguard and disseminate these documents according to established 
procedures for protecting classified documents. If an EIAP document 
must be classified, the Air Force may modify or eliminate associated 
requirements for public notice (including publication in the Federal 
Register) or public involvement in the EIAP. However, the Air Force 
should obtain comments on classified proposed actions or classified 
aspects of generally unclassified actions, from public agencies having 
jurisdiction by law or special expertise, to the extent that such 
review and comment is consistent with security requirements. Where 
feasible, the EPF may need to help appropriate personnel from those 
agencies obtain necessary security clearances to gain access to 
documents so they can comment on scoping or review the documents.
    (b) Where the proposed action is classified and ``unavailable'' to 
the public, the Air Force may keep the entire NEPA process classified 
and protected under the applicable procedures for the classification 
level pertinent to the particular information. At times (for example, 
during weapons system development and base closures and realignments), 
certain but not all aspects of NEPA documents may later be 
declassified. In those cases, the EPF should organize the EIAP 
documents, to the extent practicable, in a way that keeps the most 
sensitive classified information (which is not expected to be released 
at any early date) in a separate annex that can remain classified; and 
the rest of the EIAP documents, when declassified, will then be 
comprehensible as a unit and suitable for release to the public. Thus, 
the documents will reflect, as much as possible, the nature of the 
action and its environmental impacts, as well as Air Force compliance 
with NEPA requirements.
    (c) Where the proposed action is not classified, but certain 
aspects of it need to be protected by security classification, the EPF 
should tailor the EIAP for a proposed action to permit as normal a 
level of public involvement as possible, but also fully protect the 
classified part of the action and environmental analysis. In some 
instances, the EPF can do this by keeping the classified sections of 
the EIAP documents in a separate, classified annex.
    (d) For actions in paragraph (b) of this section, a NOI or NOA will 
not be published in the Federal Register until the proposed action is 
declassified. For actions in paragraph (c) of this section, the Federal 
Register will run an unclassified NOI which will advise the public that 
at some time in the future the Air Force may or will publicly release a 
declassified document.
    (e) The EPF similarly protects classified aspects of FONSIs, RODs, 
or other environmental documents that are part of the EIAP for a 
proposed action, such as by preparing separate classified annexes to 
unclassified documents, as necessary.
    (f) Whenever a proponent believes that EIAP documents should be 
kept classified, the EPF must make a report of the matter to SAF/MIQ, 
including proposed modifications of the normal EIAP to protect 
classified information. The EPF may make such submissions at whatever 
level of security classification needed to provide a comprehensive 
understanding of the issues. SAF/MIQ, with support from SAF/GC and 
other staff elements as necessary, makes final decisions on EIAP 
procedures for classified actions. Sec. 989.26 Occupational safety and 
health.
    Assess direct and indirect impacts of proposed actions on the 
safety and health of Air Force employees and others at a work site. 
Normally, compliance with Occupational Safety and Health Administration 
(OSHA) standards will mitigate hazards. The EIAP document does not need 
to specify such compliance procedures. However, the EIAP documents 
should discuss impacts that require a change in work practices to 
achieve an adequate level of health and safety.


Sec. 989.27  Airspace proposals.

    The DoD and the Federal Aviation Administration (FAA) have entered 
into a Memorandum of Understanding (MOU) that outlines various airspace 
responsibilities.
    (a) For purposes of compliance with NEPA, the DoD is the ``lead 
agency'' for all proposals initiated by DoD, with the FAA acting as the 
``cooperating agency.'' Where airspace proposals initiated by the FAA 
affect military use, the roles are reversed. The proponent's action 
officers (civil engineering and local airspace management) must ensure 
that the FAA is fully integrated into the airspace proposal and related 
EIAP from the very beginning and that the action officers review the 
FAA's responsibilities as a cooperating agency. The proponent's 
Airspace Manager develops the preliminary airspace proposal per 
appropriate FAA handbooks and the FAA-DoD MOU. The preliminary airspace 
proposal is the basis for initial dialogue between DoD and the FAA on 
the proposed action. A close working relationship between DoD and the 
FAA, through the FAA Regional Air Force Representative, greatly 
facilitates the airspace proposal process and helps resolve many NEPA 
issues during the EIAP.
    (b) In addition to serving as a cooperating agency pursuant to CEQ 
regulations, the FAA agrees to:
    (1) Provide to DoD information and technical expertise as it 
relates to the proposed action.
    (2) Provide FAA representation, as appropriate, at interagency 
meetings and at scoping and public hearings on the proposal.
    (3) Resolve or respond to environmental issues raised during the 
NEPA process concerning the regulation of non-participating aircraft 
outside the proposed Special Use Airspace (SUA).
    (4) Identify and evaluate the environmental impacts relating to the 
regulation of non-participating aircraft outside the proposed SUA if an 
EIS or EA is required.
    (5) Furnish DoD the names of organizations, agencies or individuals 
the FAA believes may be interested in the DoD proposal.
    (6) Notify DoD of FAA-proposed airspace actions and coordinate with 
DoD components that may be affected.
    (c) As lead agency, the military services have responsibility under 
this MOU to:
    (1) Notify the FAA of a DoD proposal for designation or 
modification of SUA at the earliest practicable time in the development 
of the proposal.
    (2) Notify the FAA and coordinate the proposed action with other 
DoD components at the earliest practicable time in the development of 
the proposal.
    (3) Identify and evaluate the environmental impacts of the proposed 
action and reasonable alternatives.
    (4) Integrate FAA's analysis of the environmental impacts with the 
DoD analysis of environmental impacts.


Sec. 989.28  Air quality.

    All EIAP documents must address applicable conformity requirements 
and the status of compliance. Conformity applicability analyses and 
determinations are separate and distinct requirements and should be 
documented separately.


Sec. 989.29  Pollution prevention.

    Section 6602(b) of the Pollution Prevention Act of 1990 established 
a national policy to prevent or reduce pollution at the source, 
whenever feasible. Pollution prevention approaches should be applied to 
all pollution-generating activities. The environmental document should 
analyze potential pollution that may result from the proposed action 
and alternatives and must incorporate pollution prevention measures 
whenever feasible. Where pollution cannot be prevented, the 
environmental analysis and proposed mitigation measures should include, 
wherever possible, recycling, energy recovery, treatment, and 
environmentally safe disposal actions (see AFI 32-7080)9.
---------------------------------------------------------------------------

    \9\See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.30  Special and emergency procedures.

    (a) Special procedures. During the EIAP, unique situations may 
arise that require different EIAP strategies other than those set forth 
in this part. These situations may warrant modification of the 
procedures in this part. EPFs should only consider procedural 
deviations when the resulting process would benefit the Air Force and 
still comply with NEPA and CEQ regulations. EPFs must forward all 
requests for procedural deviations to HQ USAF/CEV (or ANGRC/CEV) for 
review and approval by SAF/MIQ.
    (b) Emergency procedures (40 CFR 1506.11). Certain emergency 
situations may make it necessary to take immediate action having 
significant environmental impact, without observing all the provisions 
of the CEQ regulations or this part. If possible, promptly notify HQ 
USAF/CEV before undertaking emergency actions that would otherwise not 
comply with NEPA or this part. The notification requirement does not 
apply where emergency action must be taken without delay.


Sec. 989.31  Reporting requirements.

    (a) EAs, EISs, and mitigation measures will be tracked through the 
Work Information Management System-Environmental Subsystem (WIMS-ES), 
as required by AFI 32-7002, Environmental Information Management 
Systems10. ANGRC/CE will provide EIAP updates to HQ USAF/CEV 
through the WIMS-ES.
---------------------------------------------------------------------------

    \1\0See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------

    (b) All documentation will be disposed of according to AFI 37-
13811.
---------------------------------------------------------------------------

    \1\1See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.32  Definitions.

    (a) All definitions listed in the CEQ regulations, 40 CFR part 
1508, apply to this part. In addition, the following definitions apply:
    (1) Description of proposed action and alternatives (DOPAA). An Air 
Force document that is the framework for assessing the environmental 
impact of a proposal. It describes the purpose and need for the action, 
the alternatives to be considered, and the rationale used to arrive at 
the proposed action.
    (2) Environmental impact analysis process (EIAP). The Air Force 
program that implements the National Environmental Policy Act.
    (3) Finding of no practicable alternative (FONPA). Documentation in 
accordance with Executive Orders 11988 and 11990 that explains why 
there are no practicable alternatives to an action affecting a wetland 
or floodplain, based on appropriate EIAP analysis or other 
documentation.
    (4) Interdisciplinary. An approach to environmental analysis 
involving more than one discipline or branch of learning.
    (5) National Environmental Policy Act of 1969 (NEPA). The basic 
national charter to protect the environment that requires all federal 
agencies to consider environmental impacts when making decisions 
regarding proposed actions.
    (6) Pollution prevention. ``Source reduction,'' as defined under 
the Pollution Prevention Act, and other practices that reduce or 
eliminate pollutants through increased efficiency in the use of raw 
materials, energy, water, or other resources, or in the protection of 
natural resources by conservation.
    (7) Proponent. Any office, unit, or activity that initiates a 
proposed action.
    (8) Scoping. A public process for proposing alternatives to be 
addressed and for identifying the significant issues related to a 
proposed action.
    (9) United States. All states, commonwealths, District of Columbia, 
territories and possessions of the United States, and all waters and 
airspace subject to the territorial jurisdiction of the United States. 
The territories and possessions of the United States include the Virgin 
Islands, American Samoa, Wake Island, Midway Island, Guam, Palmyra 
Island, Johnston Atoll, Navassa Island, and Kingman Reef.
    (b) The following definitions apply only to proposed actions 
outside of the United States:
    (1) Environment. The natural and physical environment. It does not 
include social, economic, and other environments. Social and economic 
effects do not apply to any requirements for environmental analysis 
abroad.
    (2) Federal action. An action implemented or funded directly by the 
U.S. Government. It does not include:
    (i) Action in which the United States takes part in an advisory, 
information-gathering, representational, or diplomatic capacity and 
does not implement or fund the action.
    (ii) Action taken by a foreign government or in a foreign country 
in which the United States is a beneficiary of the action without 
implementing or funding the action.
    (iii) Action in which foreign governments use funds derived 
indirectly from United States funding.
    (3) Foreign nation. A geographic area (land, water, and airspace) 
outside of the United States that is under the jurisdiction of one or 
more foreign governments; an area under military occupation by the 
United States alone or jointly with any other foreign government; and 
any area that is the responsibility of an international organization of 
governments. ``Foreign nation'' includes contiguous zones and fisheries 
zones of foreign nations. ``Foreign government'' in this context 
includes governments (regardless of whether they are recognized by the 
United States), political factions, and organizations that exercise 
governmental power outside the United States.
    (4) Global commons. Geographic areas that are outside the 
jurisdiction of any nation, including the oceans outside territorial 
limits. Global commons do not include contiguous zones and fisheries 
zones of foreign nations. Antarctica, although part of the global 
commons, is covered by NEPA to the extent ordered by the courts and 
will generally be treated as though it were U.S. territory for purposes 
of NEPA evaluations.
    (5) Major action. An action of considerable importance that 
involves substantial amounts of time, money, and resources and affects 
the environment on a large geographic scale or has substantial 
environmental effects on a more limited geographical area. The action 
is substantially different from other previously analyzed and approved 
actions with which the action under consideration may be associated. 
Deployment of ships, aircraft, or other mobile military equipment is 
not a major action for purposes of this part. A major Air Force action 
is a major federal action implemented or funded directly by the Air 
Force and over which the Air Force exercises some control, or a major 
federal action for which the Air Force has been designated as the lead 
agency.
    (6) Protected global resource. Natural or ecological resources of 
global importance designated for protection by the President, or in the 
case of a resource protected by international agreement binding on the 
United States, by the Secretary of State.


Sec. 989.33  Categorical exclusions.

    (a) Proponent/EPF responsibility. Although a proposed action may 
qualify for a categorical exclusion from the requirements for 
environmental impact analysis under NEPA, this exclusion does not 
relieve the EPF or the proponent of responsibility for complying with 
all other environmental requirements related to the proposal, including 
requirements for permits, state regulatory agency review of plans, and 
so on.
    (b) Additional analysis. Circumstances may arise in which usually 
categorically excluded actions may have an environmental impact and, 
therefore, may generate a requirement for further environmental 
analysis. Examples of situations where such unique circumstances may be 
present include:
    (1) Actions of greater scope or size than generally experienced for 
a particular category of action.
    (2) Potential for degradation (even though slight) of already 
marginal or poor environmental conditions.
    (3) Initiating a degrading influence, activity, or effect in areas 
not already significantly modified from their natural condition.
    (4) Use of unproven technology.
    (5) Use of hazardous or toxic substances that may come in contact 
with the surrounding environment.
    (6) Presence of threatened or endangered species, archaeological 
remains, historical sites, or other protected resources.
    (7) Proposals adversely affecting areas of critical environmental 
concern, such as prime or unique agricultural lands, wetlands, coastal 
zones, wilderness areas, floodplains, or wild and scenic river areas.
    (c) CATEX list. Actions that are categorically excluded in the 
absence of unique circumstances are:
    (1) Routine procurement of goods and services.
    (2) Routine Commissary and Exchange operations.
    (3) Routine recreational and welfare activities.
    (4) Normal personnel, fiscal or budgeting, and administrative 
activities and decisions including those involving military and 
civilian personnel (for example, recruiting, processing, paying, and 
records keeping).
    (5) Preparing, revising, or adopting regulations, instructions, 
directives, or guidance documents that do not, themselves, result in an 
action being taken.
    (6) Preparing, revising, or adopting regulations, instructions, 
directives, or guidance documents that implement (without substantial 
change) the regulations, instructions, directives, or guidance 
documents from higher headquarters or other federal agencies with 
superior subject matter jurisdiction.
    (7) Continuation or resumption of pre-existing actions, where there 
is no substantial change in existing conditions or existing land uses 
and where the actions were originally evaluated in accordance with 
applicable law and regulations, and surrounding circumstances have not 
changed.
    (8) Performing interior and exterior construction within the 5-foot 
line of a building without changing the land use of the existing 
building, provided the structure is not eligible for, or listed in, the 
National Register of Historic Places.
    (9) Repairing and replacing real property installed equipment.
    (10) Routine facility maintenance and repair that does not involve 
disturbing significant quantities of hazardous materials such as 
asbestos.
    (11) Actions similar to other actions which have been determined to 
have an insignificant impact in a similar setting as established in an 
EIS or an EA resulting in a Finding of No Significant Impact. The EPF 
must document application of this CATEX on AF Form 813, specifically 
identifying the previous environmental document which provides the 
basis for this determination.
    (12) Installing, operating, modifying, and routinely repairing and 
replacing utility and communications systems, data processing cable, 
and similar electronic equipment that use existing rights of way, 
easements, distribution systems, or facilities.
    (13) Installing or modifying airfield operational equipment (such 
as runway visual range equipment, visual glide path systems, and remote 
transmitter or receiver facilities) on airfield property and usually 
accessible only to maintenance personnel.
    (14) Installing on previously developed land, equipment that does 
not substantially alter land use (i.e., land use of more than one 
acre). This includes outgrants to private lessees for similar 
construction. The EPF must document application of this CATEX on AF 
Form 813.
    (15) Laying-away or mothballing a production facility or adopting a 
reduced maintenance level at a closing installation when (i) agreement 
on any required historic preservation effort has been reached with the 
state historic preservation officer and the Advisory Council on 
Historic Preservation, and (ii) no degradation in the environmental 
restoration program will occur.
    (16) Acquiring land and ingrants (50 acres or less) for activities 
otherwise subject to CATEX. The EPF must document application of this 
CATEX on AF Form 813.
    (17) Transferring land, facilities, and personal property for which 
the General Services Administration (GSA) is the action agency. Such 
transfers are excluded only if there is no change in land use and GSA 
complies with its NEPA requirements.
    (18) Transferring administrative control of real property within 
the Air Force or to another military department or to another federal 
agency, including returning public domain lands to the Department of 
the Interior.
    (19) Granting easements, leases, licenses, rights of entry, and 
permits to use Air Force controlled property for activities that, if 
conducted by the Air Force, could be categorically excluded in 
accordance with this section. The EPF must document application of this 
CATEX on AF Form 813.
    (20) Converting in-house services to contract services.
    (21) Routine personnel decreases and increases, including workforce 
conversion to either on-base contractor operation or to military 
operation from contractor operation (excluding base closure and 
realignment actions which are subject to congressional reporting under 
10 U.S.C. 2687).
    (22) Routine, temporary movement of personnel, including 
deployments of personnel on a temporary duty (TDY) basis where existing 
facilities are used.
    (23) Personnel reductions resulting from workload adjustments, 
reduced personnel funding levels, skill imbalances, or other similar 
causes.
    (24) Study efforts that involve no commitment of resources other 
than personnel and funding allocations.
    (25) The analysis and assessment of the natural environment without 
altering it (inspections, audits, surveys, investigations). This CATEX 
includes the granting of any permits necessary for such surveys, 
provided that the technology or procedure involved is well understood 
and there are no adverse environmental impacts anticipated from it. The 
EPF must document application of this CATEX on AF Form 813.
    (26) Undertaking specific investigatory activities to support 
remedial action activities for purposes of cleanup of hazardous 
spillage or waste sites or contaminated groundwater or soil. These 
activities include soil borings and sampling, installation, and 
operation of test or monitoring wells. This CATEX applies to studies 
that assist in determining final cleanup actions when they are 
conducted in accordance with interagency agreements, administrative 
orders, or work plans previously agreed to by EPA or state regulators.

    (Note: This CATEX does not apply to the selection of the 
remedial action.)

    (27) Normal or routine basic and applied scientific research 
confined to the laboratory and in compliance with all applicable 
safety, environmental, and natural resource conservation laws.
    (28) Routine transporting of hazardous materials and wastes in 
accordance with applicable federal, state, interstate, and local laws.
    (29) Emergency handling and transporting of small quantities of 
chemical surety material or suspected chemical surety material, whether 
or not classified as hazardous or toxic waste, from a discovery site to 
a permitted storage, treatment, or disposal facility.
    (30) Immediate responses to the release or discharge of oil or 
hazardous materials in accordance with an approved Spill Prevention and 
Response Plan or Spill Contingency Plan or that are otherwise 
consistent with the requirements of the National Contingency Plan. 
(Long-term cleanup and remediation activities should be evaluated 
separately.)
    (31) Relocating a small number of aircraft to an installation with 
similar aircraft that does not result in an increase of total flying 
hours or the total number of aircraft operations, a change in flight 
tracks, or an increase in permanent personnel or logistics support 
requirements at the receiving installation.
    (32) Infrequent and temporary (for less than 30 days) increases in 
air operations up to 50 percent of the typical installation aircraft 
operation rate or increases of 50 operations a day, whichever is 
greater.
    (33) Flying activities that comply with the federal aviation 
regulations, that are dispersed over a wide area and that do not 
frequently (more than once a day) pass near the same ground points. 
(This CATEX does not cover regular activity on established routes or 
within special use airspace.)
    (34) Supersonic flying operations over land and above 30,000 feet 
mean sea level (MSL), or over water and above 10,000 feet MSL and more 
than 15 nautical miles from land.
    (35) Formal requests to the FAA, or host-nation equivalent agency, 
to establish or modify special use airspace (for example, restricted 
areas, warning areas, military operating areas) and military training 
routes for subsonic operations that have a base altitude of 3,000 feet 
above ground level or higher. The EPF must document application of this 
CATEX on AF Form 813, which must accompany the request to the FAA.
    (36) Adopting airfield approach, departure, and en route procedures 
that do not route air traffic over noise-sensitive areas, including 
residential neighborhoods or cultural, historical, and outdoor 
recreational areas. The EPF may categorically exclude such air traffic 
patterns at or greater than 3,000 feet above ground level regardless of 
underlying land use.
    (37) Participating in ``air shows'' and fly-overs by Air Force 
aircraft at non-Air Force public events after obtaining FAA 
coordination and approval.
    (38) Conducting Air Force ``open houses'' and similar events, 
including air shows, golf tournaments, home shows, and the like, where 
crowds gather at an Air Force installation, so long as crowd and 
traffic control, etc., have not in the past presented significant 
safety or environmental impacts.


Sec. 989.34  Environmental considerations--global commons.

    (a) General information.
    (1) Purpose. This section covers the procedures for evaluating the 
environmental effects of major Air Force actions that may significantly 
affect the environment of the global commons. The focus is not on the 
place of the action but on the location of the affected environment. 
This section contains all the procedural requirements for evaluating 
environmental impacts of Air Force actions that affect the global 
commons.
    (2) Limitations on actions. Air Force proponents must meet the 
requirements of this section for proposed Air Force actions involving 
the global commons before taking any action that either does 
significant harm to the environment or limits the choice of reasonable 
alternatives.
    (3) Emergencies. If, under emergency circumstances, a proponent 
must take action that does significant harm to the environment without 
first meeting the requirements of this section, the Air Force must 
consult with the appropriate Assistant Secretary of Defense as soon as 
possible. This includes actions that must be taken to promote the 
national defense or security and that cannot be delayed, and actions 
necessary to protect life or property.
    (b) Environmental document requirements.
    (1) General information. When a proposed action is determined to be 
a major Air Force action significantly affecting the environment of the 
global commons, the EPF must prepare an EIS, as described in this 
paragraph, to inform the responsible decision-making official of 
pertinent environmental considerations. The EIS may be a specific EIS 
for the particular action, a generic EIS covering the entire class of 
similar actions, or a programmatic EIS.
    (2) Combining documents. The EPF may combine environmental 
documents with other federal agency documents to reduce duplication. If 
a current and acceptable EIS for a particular action already exists, 
regardless of which federal agency prepared it, a new EIS is not 
required by this part.
    (3) Collective statements. The EPF should consider using generic 
and programmatic EISs. Generic EISs may include actions with relevant 
similarities such as common timing, environmental effects, 
alternatives, methods of implementation, or subject matter.
    (4) Tiering. Consider tiering of EISs to eliminate repetitive 
discussions of the same issues and to focus on the issues ripe for 
discussion. Tiering covers general matters in broader EISs, followed by 
narrower statements or analyses that focus on discrete actions.
    (5) Environmental assessments (EAs). The purpose of an EA is to 
help determine whether an EIS is required for a particular action. The 
EA should:
    (i) Be concise but include enough information so the EPF can 
determine, first, whether the proposed action is major and, second, 
whether it significantly harms the environment of the global commons.
    (ii) Include consideration of the need for the proposed action, a 
description of the action and reasonable alternatives, and the 
environmental effects.
    (iii) Be available to the public (in the United States) on request 
unless there are security restrictions. The EPF is not required to 
distribute the EA for public comment.
    (iv) Go to HQ USAF/CEV for review of actions that are above MAJCOM 
approval authority.
    (v) Document a decision not to prepare an EIS.
    (c) Environmental Impact Statements (EISs).
    (1) General information. EISs must be concise and no longer than 
necessary to permit an informed consideration of the environmental 
effects on the global commons of the proposed action and the reasonable 
alternatives. If an action requiring an EIS also has effects on the 
environment of a foreign nation or on a resource designated as one of 
global importance, the EIS does not need to consider these effects. The 
procedures for considering these effects are in Sec. 989.35.
    (2) Draft EIS. The EPF prepares EISs in two stages. The first, or 
Draft EIS, should be complete enough to permit analysis and comment. 
The EPF sends proposed Draft EISs to AFCEE/EC for technical and 
functional review. After this review, the EPF makes a recommendation as 
to whether the proposed Draft EIS will be released as a Draft EIS. 
Prior to public release, security and policy approval must be obtained. 
If released as a Draft EIS, it is available to the public, within the 
United States, for comment. HQ USAF/CEV informs the Department of State 
and other interested federal agencies of the availability of the Draft 
EIS, and these agencies may comment on it.
    (3) Final EIS. The Final EIS considers, either individually or 
collectively, substantive comments received on the draft EIS. The Final 
EIS is available to the public in the United States.
    (4) Supplemental EIS. The EPF should add supplements to the Draft 
or Final EIS to cover substantial changes to the proposed action that 
are relevant to the environment of the global commons. The EPF should 
use supplements when significant new information or circumstances arise 
that bear on the proposed action or its environmental effects on the 
global commons. The EPF circulates supplemental EISs for comment unless 
the Assistant Secretary of Defense approves alternative procedures.
    (5) EIS content. The EIS includes:
    (i) Summary.
    (ii) Consideration of the purpose and need for the proposed action.
    (iii) A description of the proposed action and reasonable 
alternatives.
    (iv) The environmental effects of the proposed action and 
reasonable alternatives.
    (v) A brief description of the environment of the global commons 
affected by the proposed action and reasonable alternatives.
    (vi) Analysis, in comparative form, of the environmental effects on 
the global commons of the proposed action and reasonable alternatives.
    (vii) List of preparers.
    (viii) List of agencies, organizations, and persons to whom copies 
of the EIS are sent.
    (ix) Appendices.
    (6) Incomplete information. State clearly in the EIS why relevant 
information is missing, whether unavailable or scientifically 
uncertain.
    (d) Additional requirements and procedures.
    (1) Hearings. The Air Force does not require public hearings, but 
considers, in appropriate cases, holding or sponsoring public hearings. 
Consider the factors listed in this paragraph when deciding whether to 
hold public hearings. However, if one or more factors indicates that 
public hearings would not be substantially beneficial to the Air Force, 
the Air Force need not proceed. Factors to consider include:
    (i) Foreign relations sensitivities.
    (ii) Whether the hearings would infringe or appear to infringe the 
sovereign responsibilities of another government.
    (iii) Requirements of domestic and foreign government 
confidentiality.
    (iv) Requirements of national security.
    (v) Whether the hearings could produce meaningful information.
    (vi) Time considerations.
    (vii) Requirements for commercial confidentiality.
    (2) Decision. Attach relevant environmental documents developed 
under this section to the proposal for action allowing officials to 
consider the environmental effects of the action. One method for 
tracking and recording the review process is for the decision-maker to 
sign and date a copy of the EIS, indicating that the decision-maker has 
considered it in the decision-making process. Other recording methods 
are also acceptable.
    (3) Timing. The Air Force can make no decision on a proposed action 
until at least 90 days after the Draft EIS is released or 30 days after 
the Final EIS is released, whichever is later (in both cases dated from 
publication of notices in the Federal Register). The 90-day period and 
the 30-day period may run concurrently. The public comment period runs 
for not less than 45 days. The Assistant Secretary of Defense may 
reduce the 30-day, 45-day, and 90-day periods if there is a showing of 
probable important adverse effects on national security or foreign 
policy. Send any requests for extensions of public comment periods to 
HQ USAF/CEV.
    (4) Classified information. The Air Force safeguards EAs and EISs 
that cover classified proposals. Classified information is not released 
to the public. The Air Force may issue only unclassified portions of 
environmental documents to the public.


Sec. 989.35  Environmental considerations--foreign nations and 
protected global resources.

    (a) General information. This section covers the procedures and 
requirements for informing United States Air Force officials of 
pertinent environmental considerations when officials are considering 
whether to authorize or approve major Air Force actions that may 
significantly affect the environment of a foreign nation or a protected 
global resource.
    (b) Actions covered. The requirements in this section apply only to 
the following actions:
    (1) When a host nation is not participating or otherwise involved 
in a major Air Force action, EIAP documentation is required only when 
that action may significantly affect the environment of the host 
nation. This category focuses on the geographical location of the 
environmental harm and not on the location of the action.
    (2) If a host nation is involved or otherwise participating in the 
action, EIAP documentation is required when:
    (i) The project or activity generates a product, emission, or 
effluent that is prohibited or strictly regulated by federal law in the 
United States because its toxic effects on the environment create a 
serious public health risk.
    (ii) A project or activity is prohibited or strictly regulated in 
the United States by federal law to protect the environment against 
radioactive substances.
    (3) EIAP documentation is required when major Air Force actions may 
significantly harm protected natural or ecological resources of global 
importance. The President of the United States designates protected 
global resources. In the case of a resource protected by international 
agreement binding on the United States, the Secretary of State 
designates the resource.
    (c) Exemptions. There are general exemptions from the requirements 
of this section. The Secretary of Defense has the authority to approve 
additional exemptions.
    (1) General exemptions. The following actions are exempt from the 
procedural and other requirements of this section:
    (i) Actions that the Air Force determines do not significantly 
affect the environment of a foreign nation that is not participating in 
the action, or that do not cause significant harm to a designated 
resource of global importance.
    (ii) Presidential actions. These include signing bills into law; 
signing treaties and other international agreements; issuing executive 
orders; issuing Presidential proclamations; and issuing Presidential 
decisions, instructions, and memoranda. Further exempted actions 
include those the Air Force takes to prepare or help prepare 
recommendations, advice, or information for the President on one of the 
actions by the President. Actions not included are actions the Air 
Force takes to implement or carry out these Presidential mandates.
    (iii) Actions of, or directed by, the President or a cabinet 
officer during the course of armed conflict. The term ``armed 
conflict'' refers to situations where Congress declares war or enacts a 
specific authorization for the use of armed forces; Congress prescribes 
a report under the War Powers Resolution; and the armed forces use 
weapons either defensively or offensively where hostilities have 
occurred or are expected to occur. This exemption applies as long as 
the armed conflict continues.
    (iv) Actions of, or directed by, the President or a cabinet officer 
involving the national security or national interest. The Assistant 
Secretary of Defense makes determinations in writing concerning the 
effects of Air Force actions on national security or national interest.
    (v) Secretary of Defense-directed actions involving intelligence 
components or under Executive Order 12036. Intelligence components 
include the Defense Intelligence Agency, the National Security Agency, 
the offices for the collection of specialized intelligence, the Office 
of Naval Intelligence, and the Air Force Office of Intelligence.
    (vi) Decisions and actions on arms transfers to foreign nations 
that come out of the Office of the Assistant Secretary of Defense, the 
Defense Security Assistance Agency, and the other responsible offices 
within DoD components. The term ``arms transfers'' includes the grant, 
loan, lease, exchange, or sale of defense articles or defense services 
to foreign governments or the guarantee of credit along with these 
transactions.
    (vii) Votes and other actions in international conferences and 
organizations. These include all decisions and actions of the United 
States concerning representation of its interests at international 
organizations and at multilateral conferences, negotiations, and 
meetings.
    (viii) Disaster and emergency relief actions.
    (ix) Actions involving export licenses, export permits, or export 
approvals, other than those relating to nuclear activities. These 
include Air Force advice to the Department of State about issuing 
munitions export licenses under the Arms Export Control Act; Air Force 
advice to the Department of Commerce regarding granting export licenses 
under the Export Administration Act; and direct DoD exports of defense 
articles and services to foreign governments and international 
organizations that are exempt from munitions export licenses under the 
Arms Export Control Act. The term ``export approvals'' does not include 
direct loans to finance exports.
    (x) Actions relating to nuclear activities and nuclear material, 
except actions that provide a foreign nation with a nuclear production 
or utilization facility (as defined in the Atomic Energy Act of 1954) 
or with a nuclear waste-management facility.
    (2) Additional exemptions. DoD may establish additional exemptions 
that apply only to DoD operations. There are two types of additional 
exemptions: case-by-case and class.
    (i) Case-by-case exemptions. Exemptions other than those specified 
above may arise because emergencies, national security considerations, 
exceptional foreign-policy requirements, or other special circumstances 
prevent, or are inconsistent with, preparing environmental 
documentation and taking other actions prescribed by this section. The 
following procedures apply for approving these exemptions.
    (A) Emergencies. This category includes actions that cannot be 
delayed, that must be taken to promote the national defense or 
security, and actions necessary for protecting life or property. The 
Secretary of the Air Force is authorized to approve emergency 
exemptions on a case-by-case basis. DoD must consult as soon as 
possible with the Department of State and the Council on Environmental 
Quality on emergency exemptions. The requirement to consult as soon as 
possible is not a requirement for prior consultation. The Secretary of 
the Air Force must make a report of the emergency action to the 
Assistant Secretary of Defense (Force Management and Personnel), who, 
with the Assistant Secretary of Defense (International Security 
Affairs), carry out the necessary consultations.
    (B) Other circumstances. National security considerations, 
exceptional foreign-policy requirements, and other special 
circumstances not identified in paragraph (c)(2)(i)(A) may prevent or 
be inconsistent with preparing environmental documentation. In these 
circumstances, the Secretary of the Air Force may exempt a particular 
action from the environmental documentation requirements of this 
section. The Secretary of the Air Force may make such an exemption only 
after obtaining prior approval from the Assistant Secretary of Defense, 
who must consult with the Department of State and other appropriate 
agencies before approving the exemption. The requirement for prior 
consultation is not a requirement for prior approval.
    (ii) Class exemption. Certain circumstances may warrant a class 
exemption for a group of related actions rather than a specific 
exemption. The Assistant Secretary of Defense (Force Management and 
Personnel) may establish class exemptions, but, along with the 
Assistant Secretary of Defense (International Security Affairs), must 
consult with the Department of State and other appropriate agencies 
before approving the exemption. The requirement for prior consultation 
is not a requirement for prior approval. The Secretary of the Air Force 
must submit requests for class exemptions to the Assistant Secretary of 
Defense after coordination with other interested DoD components.
    (d) Environmental document requirements. This section describes the 
procedures for preparing environmental studies or reviews, when 
required by this section, and the exceptions to the requirement to 
prepare environmental studies or reviews. If a current and acceptable 
environmental document already exists for a particular action, 
regardless of which federal agency prepared it, this section does not 
require a new document.
    (1) There are two types of environmental documents that Air Force 
officials must use when considering the environmental effects of 
actions covered by this section:
    (i) Environmental studies: bilateral or multilateral environmental 
studies of the proposed action, prepared by the United States and one 
or more foreign nations or by an international body or organization of 
which the United States is a member or participant.
    (ii) Environmental reviews: concise reviews of the environmental 
issues of the proposed action, prepared unilaterally by the United 
States.
    (2) Forward all environmental studies to HQ USAF/CEV for 
coordination among appropriate federal agencies. HQ USAF/CEV reviews 
all environmental reviews for actions above the MAJCOM approval 
authority.
    (3) HQ USAF/CEV makes environmental studies and reviews available 
to the Department of State and other interested federal agencies, and, 
on request, to the United States public, according to paragraph (d)(4) 
of this section. HQ USAF/CEV may also inform interested foreign 
governments or furnish copies of the studies, according to paragraph 
(d)(4) of this section. HQ USAF/CEV does not need to distribute studies 
before preparing the final version of the document or before the 
proponent implements the action upon which the study or review is 
based.
    (4) The requirements regarding the preparation, content, and 
distribution of environmental studies and reviews in the international 
context must remain flexible. Air Force officials determine specific 
procedures on a case-by-case basis, and procedures may change if 
necessary to:
    (i) Allow the Air Force to act promptly. Considerations such as 
national security and foreign government involvement may require prompt 
action that takes precedence in the environmental review process.
    (ii) Avoid adverse impacts on relations between the United States 
and foreign governments and international organizations.
    (iii) Avoid infringement, or the appearance of infringement, of the 
sovereign responsibilities of another government. Exercise care in 
collecting information and preparing and distributing environmental 
documentation for actions in which another nation is involved or that 
affect the environment and resources of another nation. Unless the EIAP 
respects the sovereign authority of the involved nation, the nation may 
view the EIAP as an interference in its international affairs and its 
responsibility for evaluating environmental requirements.
    (iv) Ensure the following:
    (A) Requirements of governmental confidentiality. Protect sensitive 
foreign-affairs information and information obtained from another 
government with the understanding that the information would be 
protected from disclosure regardless of its classification.
    (B) National security requirements. Protect classified information 
and other national security interests.
    (C) Availability of meaningful information. Information on the 
environment of foreign nations may be unavailable, incomplete, or not 
susceptible to a meaningful evaluation, particularly where the affected 
foreign nation is not a participant in the analysis. These limitations 
may reduce or substantially change the usual content of the 
environmental study.
    (D) The extent of Air Force participation and its involvement in 
decision-making. As Air Force involvement and control in decision-
making decreases, the need for an in-depth environmental review and 
analysis diminishes.
    (E) International commerce, commercial confidentiality, 
competitive, and export-promotion factors. Protect domestic and 
foreign-trade secrets and confidential business information from 
disclosure. Export-promotion factors include not unnecessarily 
hindering United States exports.
    (e) Environmental studies.
    (1) General information.
    (i) An environmental study is an analysis of the likely 
environmental effects of the action being considered. It includes a 
review of the affected environment, significant actions to avoid 
environmental harm or otherwise improve the environment, and 
significant environmental considerations and actions by the other 
participating nations, bodies, or organizations.
    (ii) The environmental study is prepared as a cooperative task and 
consequently is used for actions that provide strictly regulated or 
prohibited products or projects to a foreign nation, as well as to 
actions that affect a protected global resource.
    (2) Whether to prepare an environmental study. HQ USAF/CEV decides 
whether a proposed action is one that would do significant harm to one 
of the environments covered by this section only after consulting with 
involved foreign governments or organizations. If decision-makers 
decide not to pursue an action, the file will record that decision and 
the names of the decision-makers who took part. If decision-makers 
decide to prepare a study, except as provided by this section, the 
proponents may not proceed with any proposed activity that would do 
significant harm to the environment pending the completion of the 
study.
    (3) Content of the study. The environmental study analyzes the 
environmental aspects of the proposed action for consideration in the 
decision-making process. The content of each study will vary to some 
degree because of the relative difficulty or ease of obtaining 
sensitive information from foreign governments and the differing 
availability of useful and understandable information. However, the 
study should consider the following:
    (i) A general review of the affected environment.
    (ii) The predicted environmental effects.
    (iii) Significant governmental actions regarding the proposed 
action to protect or improve the environment.
    (iv) Whether the affected foreign government or international 
organization made a specific decision not to act to protect or enhance 
the environment.
    (f) Environmental reviews.
    (1) General information.
    (i) An environmental review is a survey of the important 
environmental issues surrounding a proposed action. A review includes 
identifying these issues and reviewing any United States or foreign 
government analyses of the environmental effects of the proposed 
action.
    (ii) The proposing installation or MAJCOM usually prepares an 
environmental review either unilaterally or along with another federal 
agency. While an environmental review may apply to any of the actions 
previously identified, it is also uniquely suitable (because the United 
States unilaterally prepares it) for actions that affect the 
environment of a nation not involved in the action.
    (2) Whether to prepare an environmental review. Decision-makers 
must have enough information upon which to base a decision about 
whether the proposed action would do significant harm to the 
environments covered in this section. If officials make a negative 
decision, they must make a record of that decision and its basis. If 
they make a decision to prepare a review, then, except as provided by 
this section, the proponent may not take any action on the proposal 
that would do significant environmental harm before the review is 
complete.
    (3) Content of the review. An environmental review is a survey of 
the important environmental issues associated with the proposed action 
that are under Air Force consideration. It does not include all 
possible environmental issues, and it does not include the detailed 
evaluation required in an environmental impact statement under this 
section. Because no foreign government or international organization 
takes part in preparing the review, its content may be limited because 
of limited availability of information and foreign relations 
sensitivities. Additional environmental document requirements are 
listed in paragraph (d)(4) of this section. If practicable, the review 
should include the following:
    (i) A statement of the proposed action including its timetable, 
physical features, general operating plan, and other similar broad-
gauge descriptive factors.
    (ii) Identification of the important environmental issues involved.
    (iii) Identification of present or future Air Force mitigative 
actions that will decrease the impact on or improve the environment.
    (iv) A description of present or future government actions by any 
participating and affected foreign nations which will affect 
environmental considerations.


Sec. 989.36  Procedures for holding public hearings.

    (a) General information.
    (1) The Air Force solicits the views of the public and special 
interest groups and, in appropriate cases, holds public hearings on the 
Draft EIS.
    (2) The Office of the Judge Advocate General, through the Air Force 
Legal Services Agency/Trial Judiciary Division (AFLSA/JAJT) and its 
field organization, is responsible for conducting public hearings.
    (3) The proponent EPF establishes the date and location, arranges 
for hiring the court reporter, funds temporary duty costs for the 
hearing officer, makes logistical arrangements (for example, publishing 
notices, arranging for press coverage, obtaining tables and chairs, 
etc.), and forwards the transcripts of the hearings to AFLSA/JAJT.
    (b) Notice of hearing (40 CFR 1506.6).
    (1) Public affairs officers:
    (i) Announce public hearings and assemble a mailing list of 
individuals to be invited.
    (ii) Distribute announcements of a hearing to all interested 
individuals and agencies, including the print and electronic media.
    (iii) Under certain circumstances, purchase an advertisement 
announcing the time and place of the hearing as well as other pertinent 
particulars.
    (iv) Distribute the notice in a timely manner so it will reach 
recipients or be published at least 15 days before the hearing date. 
Distribute notices fewer than 15 days before the hearing date when you 
have substantial justification and if the justification for a shortened 
notice period appears in the notice.
    (2) If an action has effects of national concern, publish notices 
in the Federal Register and mail notices to national organizations that 
have an interest in the matter.
    (i) Because of the longer lead time required by the Federal 
Register, send out notices for publication in the Federal Register to 
arrive at HQ USAF/CEV no later than 30 days before the hearing date.
    (3) The notice should include:
    (i) Date, time, place, and subject of the hearing.
    (ii) A description of the general format of the hearing.
    (iii) The name and telephone number of a person to contact for more 
information.
    (iv) The request that speakers submit (in writing or by return 
call) their intention to participate, with an indication of which 
environmental impact (or impacts) they wish to address.
    (v) Any limitation on the length of oral statements.
    (vi) A suggestion that speakers submit statements of considerable 
length in writing.
    (vii) A summary of the proposed action.
    (viii) The offices or location where the Draft EIS and any 
appendices are available for examination.
    (c) Availability of the draft EIS to the public. The EPF makes 
copies of the Draft EIS available to the public at an Air Force 
installation or other suitable place in the vicinity of the proposed 
action and public hearing.
    (d) Place of the hearing. The EPF arranges to hold the hearing at a 
time and place and in an area readily accessible to military and 
civilian organizations and individuals interested in the proposed 
action. Generally, the EPF should arrange to hold the hearing in an 
off-base civilian facility, which is more accessible to the public.
    (e) Hearing officer.
    (1) The AFLSA/JAJT selects a judge advocate, who is a military 
judge with experience in conducting public meetings, to preside over 
hearings. The hearing officer does not need to have personal knowledge 
of the project, other than familiarity with the Draft EIS. In no event 
should the hearing officer be the Staff Judge Advocate of the proponent 
command, have participated personally in the development of the 
project, or have rendered legal advice or assistance with respect to it 
(or be expected to do so in the future). The principal qualification of 
the hearing officer should be the ability to conduct a hearing as an 
impartial participant. (2) The primary duties of the hearing officer 
are to make sure that the hearing is orderly, is recorded, and that 
interested parties have a reasonable opportunity to speak. The 
presiding officer should direct the speakers' attention to the purpose 
of the hearing, which is to consider the environmental impacts of the 
proposed project. Each speaker should have a time limit to provide 
maximum public input to the decision-maker.
    (f) Record of the hearing. The hearing officer must make sure a 
verbatim transcribed record of the hearing is prepared, including all 
stated positions, all questions, and all responses. The hearing officer 
should append all written submissions that parties provide to the 
hearing officer during the hearing to the record as attachments. The 
hearing officer should also append a list of persons who spoke at the 
hearing and submitted written comments and a list of the organizations 
or interests they represent with addresses. The hearing officer must 
make sure a verbatim transcript of the hearing is provided to the EPF 
for inclusion as an appendix to the Final EIS. The officer should also 
ensure that all persons who request a copy of the transcript get a copy 
when it is completed. Copying charges are determined according to 40 
CFR 1506.6(f).
    (g) Hearing format. Use the format outlined in this paragraph as a 
general guideline for conducting a hearing. Hearing officers should 
tailor the format to meet the hearing objectives. These objectives 
provide information to the public, record opinions of interested 
persons on environmental impacts of the proposed action, and set out 
alternatives for improving the EIS and for later consideration.
    (1) Organizing speakers by subject. If time and circumstances 
permit, the hearing officer should group speakers by subject matter. 
For example, all persons wishing to address water quality issues should 
make their presentations one after the other so the EIS preparation 
team can review the transcript and make summaries from it more easily.
    (2) Record of attendees. The hearing officer should make a list of 
all persons who wish to speak at the hearing to help the hearing 
officer in calling on these individuals, to ensure an accurate 
transcript of the hearing, and to enable the officer to send a copy of 
the Final EIS (4 CFR 1502.19) to any person, organization, or agency 
that provided substantive comments at the hearing. The hearing officer 
should assign assistants to the entrance of the hearing room to provide 
cards on which individuals can voluntarily write their names, 
addresses, telephone numbers, organizations they represent, and titles; 
whether they desire to make a statement at the hearing; and what 
environmental area(s) they wish to address. The hearing officer can 
then use the cards to call on individuals who desire to make 
statements. However, the hearing officer will not deny entry to the 
hearing or the right to speak to people who decline to submit this 
information on cards.
    3. Introductory remarks. The hearing officer should first introduce 
himself or herself and the EIS preparation team. Then the hearing 
officer should make a brief statement on the purpose of the hearing and 
give the general ground rules on how it will be conducted. This is the 
proper time to welcome any dignitaries who are present. The hearing 
officer should explain that he or she does not make any recommendation 
or decision on whether the proposed project should be continued, 
modified, or abandoned or how the EIS should be prepared.
    (4) Explanation of the proposed action. The Air Force EIS 
preparation team representative should next explain the proposed 
action, the alternatives, the potential environmental consequences, and 
the EIAP.
    (5) Questions by attendees. After the EIS team representative 
explains the proposed action, alternatives, and consequences, the 
hearing officer should give attendees a chance to ask questions to 
clarify points they may not have understood. The hearing officer may 
have to reply in writing, at a later date, to some of the questions. 
While the Air Force EIS preparation team should be as responsive as 
possible in answering questions about the proposal, they should not 
become involved in debate with questioners over the merits of the 
proposed action. Cross-examination of speakers, either those of the Air 
Force or the public, is not of an informal hearing. If necessary, the 
hearing officer may limit questioning or conduct portions of the 
hearing to ensure proper lines of inquiry. However, the hearing officer 
should include all questions in the hearing record.
    (6) Statement of attendees. The hearing officer must give the 
persons attending the hearing a chance to present oral or written 
statements. The hearing officer should be sure the recorder has the 
name and address of each person who submits an oral or written 
statement. The officer should also permit the attendees to submit 
written statements within a reasonable time, usually two weeks, 
following the hearing. The officer should allot a reasonable length of 
time at the hearing for receiving oral statements. The officer may 
waive any announced time limit at his or her discretion. The hearing 
officer may allow those who have not previously indicated a desire to 
speak to identify themselves and be recognized only after those who 
have previously indicated their intentions to speak have spoken.
    (7) Ending or extending a hearing. The hearing officer has the 
power to end the hearing if the hearing becomes disorderly, if the 
speakers become repetitive, or for other good cause. In any such case, 
the hearing officer must make a statement for the record on the reasons 
for terminating the hearing. The hearing officer may also extend the 
hearing beyond the originally announced date and time. The officer 
should announce the extension to a later date or time during the 
hearing and prior to the hearing if possible.
    (h) Adjourning the hearing. After all persons have had a chance to 
speak, when the hearing has culled a representative view of public 
opinion, or when the time set for the hearing and any reasonable 
extension of time has ended, the hearing officer adjourns the hearing. 
In certain circumstances (for example, if the hearing officer believes 
it is likely that some participants will introduce new and relevant 
information), the hearing officer may justify scheduling an additional, 
separate hearing session. If the hearing officer makes the decision to 
hold another hearing while presiding over the original hearing he or 
she should announce that another public hearing will be scheduled or is 
under consideration. The officer gives notice of a decision to continue 
these hearings in essentially the same way he or she announced the 
original hearing, time permitting. The Public Affairs officer provides 
the required public notices and directs notices to interested parties 
in coordination with the hearing officer. Because of lead time 
constraints, SAF/MIQ may waive Federal Register notice requirements or 
advertisements in local publications. At the conclusion of the hearing, 
the hearing officer should inform the attendees of the deadline 
(usually two weeks) to submit additional written remarks in the hearing 
record. The officer should also notify attendees of the deadline for 
the commenting period of the Draft EIS.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 94-8574 Filed 4-8-94; 8:45 am]
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