[Federal Register Volume 77, Number 165 (Friday, August 24, 2012)]
[Notices]
[Pages 51530-51532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20914]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL9004-7]
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) How to file EISs; (2) the steps to follow when a Federal agency
is adopting an EIS, or when an EIS is withdrawn, delayed or reopened;
(3) public review periods; (4) issuance of notices of availability in
the Federal Register; and (5) retention of filed EISs.
The guidelines published today update the previous guidelines,
which were first published in the Federal Register on March 7, 1989.
These updated guidelines have been modified to incorporate changes
necessary to implement the e-NEPA electronic filing system.
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
[[Page 51531]]
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. As of October 1, 2012, Federal agencies file an EIS by
submitting the complete EIS, including appendices, to EPA through the
e-NEPA electronic filing system.
To sign up for e-NEPA, register for an account at: https://cdx.epa.gov/epa_home.asp
Select ``NEPA Electronic Filing System (e-NEPA)'' when prompted to
add a program. Inquiries can also be made to: (202) 564-7146 or (202)
564-0678 or by email to: [email protected].
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.
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
EIS submitted to the Office of Federal Activities through e-NEPA is
only for filing purposes.
EPA must be notified 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 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. Notifications can be
sent by email to: [email protected]. 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.
Notifications can be sent by email to: [email protected]. 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 assigned 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. 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.
5. 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 through e-NEPA or by email to: [email protected] 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
[[Page 51532]]
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. These
requests can be submitted by email to: [email protected]. 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.
6. Retention
Filed EISs are retained in the e-NEPA Filing system for two years.
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).
Please note that EPA maintains a Web site that will make available
copies of the filed EISs to the public. The retention schedule does not
affect the availability of these electronic copies.
Dated: August 21, 2012.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2012-20914 Filed 8-23-12; 8:45 am]
BILLING CODE 6560-50-P