[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Notices]
[Pages 2681-2683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-758]
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ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-8994-7]
Amended Environmental Impact Statement Filing System Guidance for
Implementing 40 CFR 1506.9 and 1506.10 of the Council on Environmental
Quality's Regulations Implementing the National Environmental Policy
Act
1. Introduction
On October 7, 1977, the Council of Environmental Quality (CEQ) and
the Environmental Protection Agency (EPA) signed a Memorandum of
Agreement (MOA) that allocated the responsibilities of the two agencies
for assuring the government-wide implementation of the National
Environmental Policy Act of 1969 (NEPA). Specifically, the MOA
transferred to EPA the administrative aspects of the environmental
impact statement (ElS) filing process. Within EPA, the Office of
Federal Activities has been designated the official recipient in EPA of
all EISs. These responsibilities have been codified in CEQ's NEPA
Implementing Regulations (40 CFR Parts 1500-1508), and are totally
separate from the substantive EPA reviews performed pursuant to both
NEPA and Section 309 of the Clean Air Act.
Under 40 CFR 1506.9, EPA can issue guidelines to implement its EIS
filing responsibilities. The purpose of the EPA Filing System
Guidelines is to provide guidance to Federal agencies on filing EISs,
including draft, final, and supplemental EISs. Information is provided
on: (1) Where to file EISs; (2) the number of copies required; (3) the
steps to follow when a Federal agency is adopting an EIS, or when an
EIS is withdrawn, delayed or reopened; (4) public review periods; (5)
issuance of notices of availability in the Federal Register; and (6)
retention of filed EISs. EPA's current EIS filing guidelines were
published in the Federal Register on March 7, 1989.
The guidelines published today update the previous guidelines,
modify the number and format of the EISs to be filed, and provide
specific guidelines for EIS filing during Continuity of Operations Plan
(COOP) events. Additionally, we are soliciting input from federal
agencies, other stakeholders, and the public on a series of questions
that will be used to make further modifications to the EIS filing
process in the future.
2. Purpose
Pursuant to 40 CFR 1506.9 and 1506.10, EPA is responsible for
administering the EIS filing process, and can issue guidelines to
implement those responsibilities. The process of EIS filing includes
the following: (1) Receiving and recording of the EISs, so that
information in them can be incorporated into EPA's computerized data
base; (2) establishing the beginning and ending dates for comment and
review periods for draft and final EISs, respectively; (3) publishing
these dates in a weekly Notice of Availability (NOA) in the Federal
Register; (4) retaining the EISs in a central repository; and (5)
determining whether time periods can be lengthened or shortened for
``compelling reasons of national policy.''
Under 40 CFR 1506.9, lead agencies are responsible for distributing
EISs, and for providing additional copies of already distributed EISs,
to the interested public for review. However, EPA will assist the
public and other Federal agencies by providing agency contacts on, and
information about, EISs.
3. Filing Draft, Final, and Supplemental EISs
Federal agencies are required to prepare EISs in accordance with 40
CFR part 1502, and to file the EISs with EPA as specified in 40 CFR
1506.9. Federal agencies file an EIS by providing EPA with four copies
of the complete EIS, including appendices. At least one copy of the
entire EIS must be a paper copy; the remaining three (3) copies can be
on appropriate electronic storage devices--e.g., compact discs (CDs),
USB flash drives, or memory cards. Please note that if a Federal agency
prepares an abbreviated Final EIS (as described in 40 CFR 1503.4(c)),
it should include copies of the Draft EIS when filing the Final EIS.
To file an EIS by using the U.S. Postal Service (including USPS
Express Mail), please use the following address:
U.S. Environmental Protection Agency, Office of Federal Activities, EIS
Filing Section, Mail Code 2252A, Ariel Rios Building (South Oval
Lobby), 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
To file an EIS in person or by commercial express service
(including Federal Express or UPS), please use the following address:
(If the documents are to be hand-delivered, you will need to ask
the security guards to phone our office at (202) 564-5400, so you can
be escorted to the EIS Filing Section.)
U.S. Environmental Protection Agency, Office of Federal Activities, EIS
Filing Section, Ariel Rios Building (South Oval Lobby), Room 7220, 1200
Pennsylvania Avenue, NW., Washington, DC 20004.
Telephone inquiries can also be made to: (202) 564-1399 or (202)
564-7146.
EPA encourages Federal agencies to make their EISs available on the
internet. Those that do should send EPA a copy of the Web address
(i.e., URL) for the document. The appropriate information should be e-
mailed to: [email protected] concurrent with filing the EIS as
required above.
The EISs must be filed no earlier than they are transmitted to
commenting agencies and made available to the public (40 CFR 1506.9).
This will assure that the EIS is received by all interested parties by
the time EPA's NOA appears in the Federal Register, and, therefore,
allows for the full minimum comment and review periods.
If EPA receives a request to file an EIS and transmittal of that
EIS is not complete, it will not publish a NOA in the Federal Register
until assurances have been given that the transmittal process is
complete. Similarly, if EPA discovers that a filed EIS has not been
transmitted, EPA will issue a notice with the weekly Notices of
Availability retracting the EIS from public review of the EIS until the
transmittal process is completed. Once the agency has fulfilled the
requirements of 40 CFR 1506.9, and has completed the transmittal
process, EPA will reestablish the filing date and the minimum time
period, and will publish this information in the next NOA.
Requirements for circulation of EISs appear in 40 CFR 1502.19.
Please note that the four EISs submitted to the Office of Federal
Activities are only for filing purposes; agencies will need to send a
copy(s) of the EIS directly to the appropriate EPA Regional Office for
review and comment in accordance with EPA's responsibilities under
Section 309 of the Clean Air Act.
EPA must be notified (by letter or email) when a Federal agency
adopts an EIS in order to commence the appropriate comment or review
period. If a Federal agency chooses to adopt an EIS written by another
agency, and it was not a cooperating agency in the preparation of the
original EIS, the EIS must be re-circulated and filed with EPA
according to the requirements set forth in 40 CFR 1506.3(b). In turn,
EPA will publish a NOA in the Federal Register announcing that the
document will have an appropriate comment or review period. When an
agency adopts
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an EIS on which it served as a cooperating agency, the document does
not need to be circulated for public comment or review; it is not
necessary to file the EIS again with EPA. However, EPA should be
notified in order to ensure that the official EIS record is accurate.
EPA will publish an amended NOA in the Federal Register that states
that an adoption has occurred. This will not establish a comment
period, but will complete the public record.
EPA should also be notified of all situations where an agency has
decided to withdraw, delay, or reopen a review period on an EIS. All
such notices to EPA will be reflected in EPA's weekly Notices of
Availability published in the Federal Register. In the case of
reopening EIS review periods, the lead agency should notify EPA as to
what measures will be taken to ensure that the EIS is available to all
interested parties. This is especially important for EIS reviews that
are being reopened after a substantial amount of time has passed since
the original review period closed.
Once received by EPA, each EIS is stamped with an official filing
date and checked for completeness and compliance with 40 CFR 1502.10.
If the EIS is not ``complete'' (i.e., if the documents do not contain
the required components), EPA will contact the lead agency to obtain
the omitted information or to resolve any questions prior to publishing
the NOA in the Federal Register.
Agencies often publish (either in their EISs or individual notices
to the public) a date by which all comments on an EIS are to be
received; such actions are encouraged. However, agencies should ensure
that the date they use is based on the date of publication of the NOA
in the Federal Register. If the published date gives reviewers less
than the minimum review time computed by EPA, EPA will send the agency
contact a letter explaining how the review period is calculated and the
correct date by which comments are due back to the lead agency. This
letter also encourages agencies to notify all reviewers and interested
parties of the corrected review periods.
4. EIS Filing Procedure for COOP Events
In order to ensure official filing of EISs in the event of a COOP
event, when EISs cannot be physically delivered to EPA, Federal
agencies will need to send EPA a copy of the EIS cover sheet to the
email address identified above. In turn, EPA will use the cover sheet
information to publish the weekly EIS NOA in the Federal Register.
During the COOP event, filing agencies should not submit the four
copies of the EIS to the EPA. However, once the COOP event is over,
filing agencies will have 14 days to submit the four copies of all EISs
filed during the event to the EPA's Filing Section. If EPA does not
receive the four copies of the EIS filed during the COOP event within
14 days, it will publish a notice in the Federal Register retracting
the NOA for that EIS.
5. Notice in the Federal Register
EPA will prepare a weekly report of all EISs filed during the
preceding week for publication each Friday under a NOA in the Federal
Register. If the Friday is a Federal holiday the publication will be on
Thursday. At the time EPA sends its weekly report for publication in
the Federal Register, the report will also be sent to the CEQ. Amended
notices may be added to the NOA to include corrections, changes in time
periods of previously filed EISs, withdrawals of EISs by lead agencies,
and retraction of EISs by EPA.
6. Time Periods
The minimum time periods set forth in 40 CFR 1506.10 (b), (c), and
(d) are calculated from the date EPA publishes the NOA in the Federal
Register. Comment periods for draft EISs, draft supplements, and
revised draft EISs will end 45 calendar days after publication of the
NOA in the Federal Register; review periods for final EISs and final
supplements will end 30 calendar days after publication of the NOA in
the Federal Register. If a calculated time period would end on a non-
working day, the assigned time period will be the next working day
(i.e., time periods will not end on weekends or Federal holidays).
While these time periods are minimum time periods, a lead agency may
establish longer time periods. If the lead agency employs a longer time
period, it must notify EPA of the extended time period when either
filing the EIS or when the lead agency extends the time period.
It should be noted that 40 CFR 1506.10(b) allows for an exception
to the rules of timing. An exception may be made in the case of an
agency decision which is subject to a formal internal appeal. Agencies
should assure that EPA is informed so that the situation is accurately
reflected in the NOA.
Moreover, under 40 CFR 1506.10(d), EPA has the authority to both
extend and reduce the time periods on draft and final EISs based on a
demonstration of ``compelling reasons of national policy.'' A lead
agency request to EPA to reduce time periods or another Federal agency
(not the lead agency) request to formally extend a time period should
be submitted in writing to the Director, Office of Federal Activities,
and outline the reasons for the request. EPA will accept telephone
requests; however, agencies should follow up such requests in writing
so that the documentation supporting the decision is complete. A
meeting to discuss the consequences for the project and any decision to
change time periods may be necessary. For this reason, EPA asks that it
be made aware of any intent to submit requests of this type as early as
possible in the NEPA process. This is to prevent the possibility of the
time frame for the decision on the time period modification from
interfering with the lead agency's schedule for the EIS. EPA will
notify CEQ of any reduction or extension granted.
7. Retention
Filed EISs are retained in the EPA Office of Federal Activities for
a period of two years and are made available to office staff only.
After two years the EISs are sent to the National Records Center. After
a total of twenty (20) years the EISs are transferred to the National
Archives Records Administration (NARA).
8. Soliciting Comments on Future Updates of the EIS Filing Guidelines
In addition to the modifications to the filing guidelines outlined
herein, EPA is considering additional modifications that may lead to
the implementation of an electronic EIS filing process. With that in
mind, EPA is soliciting comments from Federal agencies, other
stakeholders and the public on the following questions.
For Federal Agencies
1. Does your agency make its Draft, Final, and Supplemental EISs
available for public review on the Internet?
2. If so, how long do the Draft, Final, and Supplemental EISs
remain available for review on the Internet?
3. In a related matter, does your agency mandate how long EISs must
be available for public review?
4. If so, how long is that period?
5. Also, does your agency mandate how long its EISs must be
retained as official agency records?
6. If so, how long is that period?
For Stakeholders and the Public
1. At some point in the future, CEQ and EPA may eliminate the
publication of weekly Notices of Availability for EISs in the Federal
Register in favor of a central repository on the Internet
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(possibly on EPA's Web site). Would you find this approach more or less
useful than the current process?
2. Do you foresee any problems/issues with reviewing EISs that are
made available only on the Internet?
3. In your opinion, how long should EISs remain accessible to the
public?
Please submit your responses to the above questions to: Robert
Hargrove, Director, NEPA Compliance Division, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW. (2252A), Washington,
DC 20460; or [email protected], by COB February 28, 2011.
Dated: January 11, 2011.
Susan E. Bromm,
Director, Office of Federal Activities.
[FR Doc. 2011-758 Filed 1-13-11; 8:45 am]
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