[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Proposed Rules]
[Pages 6008-6010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2350]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 6
[EPA-HQ-OECA-2009-0006; FRL-8766-1]
RIN 2020-AA48
Procedures for Implementing the National Environmental Policy Act
and Assessing the Environmental Effects Abroad of EPA Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to correct its rule entitled ``Procedures for
Implementing the National Environmental Policy Act and Assessing the
Effects Abroad of EPA Actions,'' which was published September 19,
2007. Since the final rule became effective on October 19, 2007, EPA
has received inquiries about some minor inconsistencies and ambiguities
in the final rule. This action involves four minor, technical
corrections to the rule to address those issues. The first correction
expands the definition of ``applicants'' to include those who request
EPA approvals. The second change clarifies that a categorical exclusion
includes vacant land. The third change corrects the text to indicate
that the number of extraordinary circumstances is ten. The last change
expands Subpart C to apply to EPA approvals as well as permits and
assistance grants. In the ``Rules and Regulations'' section of this
Federal Register, we have made these four changes as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule.
DATES: Any comments must be received by March 6, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-HQ-
[[Page 6009]]
OECA-2009-0006], by mail to by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-564-0072, Attention: Robert Hargrove.
Mail: EPA-HQ-OECA-2009-0006, Environmental Protection
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket
and Information Center, Mailcode: 2201T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
Hand Delivery: Public Reading Room, Room B102, Enforcement
and Compliance Docket and Information Center, EPA West Building, 1301
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Hargrove; NEPA Compliance
Division; Office of Federal Activities (Mailcode 2252A), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 564-7157; fax number: (202)-564-0072; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION: This preamble is organized according to the
following outline:
I. General Information
A. Why Is EPA Publishing a Proposed Rule?
B. Does This Rule Apply to Me?
C. Statutory Authority
D. Background
II. EPA's Action
III. Statutory and Executive Order Reviews
I. General Information
A. Why Is EPA Publishing a Proposed Rule?
EPA is proposing to take action on ``Procedures for Implementing
the National Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions.'' We have published a direct final rule
which includes only four minor corrections to these procedures in the
``Rules and Regulations'' section of this Federal Register because we
view this as a non-controversial action and anticipate no adverse
comment.
B. Does This Rule Apply to Me?
Those subject to this rule include EPA employees who must comply
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4347), and certain grant and permit applicants who must submit
environmental information documentation to EPA for their proposed
projects.
C. Statutory Authority
NEPA establishes the federal government's national policy for
protection of the environment. The Council on Environmental Quality's
(CEQ's) Regulations at 40 CFR parts 1500 through 1508 establish
procedures for implementing this national policy. The CEQ's Regulations
(40 CFR 1505.1) require federal agencies to adopt and, as needed,
revise their own NEPA implementing procedures to supplement the CEQ
Regulations and to ensure their decision-making processes are
consistent with NEPA.
D. Background
On September 19, 2007 (72 FR 53652), EPA published a final rule
amending its regulations for implementing NEPA and Executive Order
12114, ``Environmental Effects Abroad of Major Federal Actions.'' The
Agency amended its NEPA implementing procedures by: (1) Consolidating
and standardizing the procedural provisions and requirements of the
Agency's environmental review process under NEPA; (2) clarifying the
general procedures associated with categorical exclusions,
consolidating the categories of actions subject to categorical
exclusion, amending existing and adding new categorical exclusions, and
consolidating and amending existing and adding new extraordinary
circumstances; (3) consolidating and amending the listing of actions
that generally require an environmental impact statement; (4)
clarifying the procedural requirements for consideration of applicable
environmental review laws and executive orders; and (5) incorporating
other proposed revisions consistent with CEQ Regulations. The final
rule supplements and is used in conjunction with the CEQ NEPA
Regulations. 40 CFR part 6 also includes EPA's procedures, ``Assessing
the Environmental Effects Abroad of EPA Actions,'' that implement
Executive Order 12114, ``Environmental Effects Abroad of Major Federal
Actions'' (see 46 FR 3364). The final rule included minor, technical
amendments to EPA's procedures for implementing the Order.
II. EPA's Action
Following the publication of the final rule, four minor errors were
discovered. Through this proposed rule, the Agency is correcting these
errors. The first correction is a minor expansion of the definition of
``applicant,'' found at 40 CFR 6.102(b)(2). The revised definition now
includes those who request EPA approval in addition to those who
request financial assistance or who are applying to EPA for a permit.
The next correction involves the categorical exclusion (CE) found at 40
CFR 6.204(a)(2)(vi). That CE allows for the acquisition, transfer,
lease, disposition or closure of existing permanent structures, land,
equipment, materials, or personal property as long as a number of
provisions are met. The CE is being corrected to include vacant land
because the acquisition of vacant land meets the required provisions.
The third correction is to 40 CFR 6.204(f)(2)(ii), which states that
there are 14 extraordinary circumstances. The final rule, however,
contains only ten extraordinary circumstances. The last correction is
to 40 CFR 6.300(a), which is being expanded to apply to those who are
requesting other EPA approvals. Accordingly, EPA is correcting these
minor errors through this proposed rule. EPA anticipates no adverse
comments to these minor technical changes, and has therefore published
this action as a direct final rule in the ``Rules and Regulations''
section of this Federal Register. Any parties interested in commenting
must do so at this time. If we receive no adverse comment, we will not
take further action on this proposed rule. If we receive adverse
comment, we will withdraw the direct final rule and it will not take
effect. We would address all public comments in any subsequent final
rule based on this proposed rule.
III. Statutory and Executive Order Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely makes technical corrections to a recently finalized rule, and
does not impose any additional requirements. This rule does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This action contains
no Federal mandates under the provisions of Title II of the Unfunded
Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State,
local, or tribal governments or the private sector. Therefore, this
action is not subject to the requirements of sections 202 or 205 of the
UMRA. Because this rule does not impose any additional enforceable
duty,
[[Page 6010]]
it does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
This action also does not have federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus, Executive Order 13132 does not apply to this rule.
This action merely makes technical corrections to a recently-finalized
rule and does not alter the relationship or the distribution of power
and responsibilities.
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 97249, November 9, 2000). Thus, Executive Order 13175 does not apply
to this action. EPA interprets Executive Order 13045 ``Protection of
Children from Environmental Health and Safety Risks'' (62 FR 19885,
April 23, 1997) as applying only to those regulatory actions that
concern health or safety risks, such that the analysis required under
section 5-501 of the EO has the potential to influence the regulation.
This action is not subject to EO 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866. This action does not involve technical
standards. Therefore, EPA did not consider the use of any voluntary
consensus standards. The requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action merely makes technical corrections to a
recently-finalized rule, and these corrections have no effect on
minority or low-income populations.
List of Subjects in 40 CFR Part 6
Environmental protection, Environmental assessments, Environmental
impact statements, Environmental protection reporting, Foreign
relations, Grant programs--environmental protection, Reporting and
recordkeeping requirements.
Dated: January 15, 2009.
Stephen L. Johnson,
Administrator.
[FR Doc. E9-2350 Filed 2-3-09; 8:45 am]
BILLING CODE 6560-50-P