[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Notices]
[Pages 40520-40521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6251]


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COUNCIL ON ENVIRONMENTAL QUALITY


Environmental Management Systems and the National Environmental 
Policy Act

AGENCY: Council on Environmental Quality.

ACTION:  Notice and Request for Comments.

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SUMMARY: The Council on Environmental Quality (CEQ) used an interagency 
work group to develop a guide to Federal agencies in aligning their 
Environmental Management Systems (EMS) with the National Environmental 
Policy Act (NEPA). CEQ invites comments on the proposed guide before 
publishing and distributing a final guide. The proposed guide, 
``Aligning the Complementary Processes of Environmental Management 
Systems and the National Environmental Policy Act'', is available at 
www.nepa.gov in the Current Developments section.

DATES: Written comments should be submitted on or before September 1, 
2006.

ADDRESSES: Hardcopies of the proposed guide can be requested from CEQ. 
Electronic or facsimile requests for a copy of the proposed guide and 
comments on the proposed guide are preferred because federal offices 
experience intermittent mail delays from security screening. Electronic 
requests and written comments can be sent to NEPA modernization (EMS-
NEPA) at [email protected]. Written requests and comments 
may be faxed to NEPA Modernization (EMS-NEPA) at (202) 456-0753. 
Written requests and comments may also be submitted to NEPA 
Modernization (EMS-NEPA), Attn: Associate Director for NEPA Oversight, 
722 Jackson Place NW, Washington DC 20503.

FOR FURTHER INFORMATION CONTACT: Horst Greczmiel at (202) 395-5750.

SUPPLEMENTARY INFORMATION: The Council on Environmental Quality (CEQ) 
established a National Environmental Policy Act (NEPA) Task Force and 
is now implementing recommendations designed to modernize the 
implementation of NEPA and make the NEPA process more effective and 
efficient. Additional information is available on the task force Web 
site at http://ceq.eh.doe.gov/ntf.
    A guide, ``Aligning the Complementary Processes of Environmental 
Management Systems and the National Environmental Policy Act'', was 
developed to assist agencies with linking the NEPA process with 
Environmental Management Systems (EMS) and CEQ requests public input 
and comments on the proposed guide available at www.NEPA.gov and from 
CEQ (see ADDRESSES).
    The guide will be provided to all Federal agencies to help Federal 
agencies recognize the complementary relationship of EMS and NEPA and 
to assist them in aligning EMS elements with the NEPA statement of 
policy in Section 101 and the analysis and decision processes of 
Section 102 and incorporating the EMS approach into the NEPA process 
when establishing, implementing, and maintaining their EMS. CEQ 
recognizes the benefits of aligning these complementary processes and 
encourages Federal agencies to do so where appropriate.
    The guide states that it is conceivable that a well constructed EMS 
can include all the elements of the NEPA process and serve as the basis 
for complying with NEPA requirements. CEQ specifically solicits public 
comment on this idea.
    The guide encourages the integration of EMS and NEPA as a means to 
bring substantial benefits to an agency's environmental performance and 
to further our national environmental policy. For example:

    Commitments and mitigation measures established in NEPA decision 
documents (e.g., Findings of No Significant Impact and Records of 
Decision) can be implemented, tracked and monitored through the EMS 
because the EMS provides a framework to improve environmental 
performance in ongoing day-to-day operations. The implementation, 
tracking and monitoring of commitments and mitigation measures can 
assist in training, internal auditing, identification of appropriate 
corrective actions and communication with interested parties.
    A major component of the NEPA process is communicating and 
involving the interested public. An EMS can provide numerous 
opportunities for communicating with the public and serve a major 
role in providing information about the proposal under consideration 
and thereby help focus the public involvement.

    The guide also describes specific ways EMS and NEPA processes can 
complement one another to improve how Federal agencies manage their 
impacts on the environment:
     The NEPA process generally approaches environmental 
management decisions on a case-by-case basis, and mainly focuses on 
identifying and mitigating ``significant'' environmental impacts. An 
EMS addresses the full range of ongoing activities (and products and 
services) the agency has decided to implement with the intent to 
continually improve environmental performance by minimizing the adverse 
effects of its environmental aspects.
     The identification of environmental aspects in the 
development of an EMS can build on the environmental aspects identified 
in a previous NEPA analysis of a facility, activity, program or policy. 
Conversely, a new NEPA analysis can consider the identified 
environmental aspects in an EMS when assessing potential environmental 
impacts of a proposed action. The EMS can provide a platform for using 
the information collected and analyses performed in the NEPA process on 
a going forward basis in the actual implementation of proposed actions.
     The performance measurements and monitoring conducted as 
part of an EMS may provide comparable and verifiable data to improve 
environmental impact predictions in an environmental assessment (EA) or 
environmental impact statement (EIS).
     An EMS provides a systematic framework for an agency to 
monitor and continually improve its environmental performance. Agencies 
with an EMS may be able to use data generated through their EMS to 
establish a record of environmental performance to support, for example 
(a) identifying categories of actions that normally require an EIS, (b) 
finding no significant impact when incorporated into an EA, which would 
preclude the need to prepare an EIS, or (c) establishing a categorical 
exclusion under NEPA which would reduce the need to prepare EAs. 
Further, where an EIS is needed, the EMS approach of keeping 
environmental data up-to-date should facilitate the preparation of an 
EIS.
     Where an EMS has established environmental objectives and 
targets relevant to resource areas subject to NEPA mitigation measures, 
the EMS can ensure implementation and performance of mitigation 
measures through applicable measurement and monitoring programs.
     An EMS can support the implementation of a NEPA ``adaptive 
management'' approach when there are uncertainties in the prediction of 
the impacts or outcome of project implementation, or the effectiveness 
of proposed mitigation. The adaptive management approach can provide

[[Page 40521]]

managers with the flexibility to make necessary corrections or 
adjustments in project implementation, possible without needing new or 
supplemental NEPA analyses.
    Public comments are requested on or before September 1, 2006.

    Dated: July 12, 2006.
James L. Connaughton,
Chairman, Council on Environmental Quality.
[FR Doc. 06-6251 Filed 7-14-06; 8:45 am]
BILLING CODE 3125-01-M