[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)]
[Notices]
[Pages 61200-61214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21294]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2016-OS-0056]
National Environmental Policy Act Implementing Procedures
AGENCY: Defense Threat Reduction Agency/USSTRATCOM Center for Combating
Weapons of Mass Destruction, Department of Defense.
ACTION: Final guidance.
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SUMMARY: The Defense Threat Reduction Agency/USSTRATCOM Center for
Combating Weapons of Mass Destruction (DTRA/SCC-WMD or the Agency) is
issuing procedures to implement the National Environmental Policy Act
(NEPA), Executive Order (E.O.) 11514, and Council on Environmental
Quality (CEQ) regulations for implementing the procedural provisions of
NEPA.
DATES: This final guidance is effective on September 6, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Sherry Davis, Director,
Environment, Safety, and Occupational Health Department, at (703) 767-
7122 or by email at [email protected].
SUPPLEMENTARY INFORMATION: On Thursday, May 5, 2016 (81 FR 27107-
27122), the Department of Defense published proposed guidance titled
``National Environmental Policy Act Implementing Procedures'' for a 30-
day public comment period. The public-comment period ended on June 6,
2016. No public comments were received.
Further administrative edits were made to the final guidance.
References to ``J4/8C'' were changed to ``J4/8'', and references to the
Environment, Safety, and Occupational Health (ESOH) Team Web site were
removed throughout the final guidance.
DTRA/SCC-WMD is a combat support agency that counters weapons of
mass destruction (WMD). DTRA/SCC-WMD keeps WMD out of the hands of
terrorists and other enemies by locking down, monitoring, and
destroying weapons and weapons-related material, assists with plans and
responses to WMD events, and develops and delivers cutting-edge
technologies to assist with these endeavors.
As a Department of Defense (DoD) agency, the DTRA/SCC-WMD does not
own real property. Most agency actions typically occur on host military
service installations or ranges, or other Federal agency properties.
DTRA/SCC-WMD formerly relied upon host installation NEPA implementing
procedures, including categorical exclusions to address potential
environmental impacts of agency actions. With the issuance of CEQ
guidance ``Establishing, Applying, and Revising Categorical Exclusions
under the National Environmental Policy Act'' (Nov. 23, 2010) and after
consulting with CEQ and other similar DoD components, DTRA/SCC-WMD
determined the need to establish NEPA implementing procedures and
categorical exclusions specific to DTRA/SCC-WMD projects and actions.
The information assembled while developing categorical exclusions is
described in the ``DTRA/SCC-WMD Administrative Record for Supporting
Categorical Exclusions'' and is available on the DTRA/SCC-WMD Web site
at: http://www.dtra.mil/Home/NEPA.aspx.
The categorical exclusions describe the categories of actions that
DTRA/SCC-WMD determined to normally not individually or cumulatively
have significant impact on the environment. These and the other
implementing procedures will serve as the agency's guide for complying
with the requirements of NEPA for DTRA/SCC-WMD actions.
The text of the complete DTRA/SCC-WMD NEPA implementing procedures
can be found on the DTRA/SCC-WMD Web site at: http://www.dtra.mil/Home/NEPA.aspx and in this document.
Dated: August 31, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Table of Contents
1. Purpose
2. Applicability
3. Policy
4. Responsibilities
5. Environmental Planning & Analysis
(a) Record of Environmental Review
(b) Categorical Exclusion (CATEX)
(c) Environmental Assessment (EA)
(d) Finding of No Significant Impact (FONSI)
(e) Environmental Impact Statement (EIS)
(f) Record of Decision (ROD)
6. Mitigation and Monitoring
7. Subsequent Analyses
(a) Tiering and Programmatic Review
(b) Supplemental EAs/EISs
(c) Adoption of EAs/EISs
8. Actions on Host Installations/Actions
[[Page 61201]]
Abroad
(a) Actions on Host Installations
(b) Actions Occurring Abroad
9. Classified Actions
10. Administrative Record
11. Glossary
(a) Abbreviations and Acronyms
(b) Definitions
Appendix A: The NEPA Process
Appendix B: Categorical Exclusions (CATEXs)
Appendix C: Record of Environmental Consideration (REC)
Appendix D: Notice of Intent (NOI)
Appendix E: Notice of Availability (NOA)
Appendix F: Record of Decision (ROD)
Defense Threat Reduction Agency/USSTRATCOM Center for Combating Weapons
of Mass Destruction NEPA Implementing Procedures
1. Purpose
Pursuant to DTRA/SCC-WMD Instruction 4715.5, ``Environmental
Compliance'' (Aug. 22, 2014), this guide identifies requirements and
provides procedures for implementing the provisions of the National
Environmental Policy Act (NEPA) in accordance with Council on
Environmental Quality Regulations for Implementing the Procedural
Provisions of the National Environmental Policy Act, 40 CFR parts 1500-
1508, and E.O. 12114, ``Environmental Effects Abroad of Major Federal
Actions'' (Jan. 4, 1979). It supplements 40 CFR parts 1500-1508 and
E.O. 12114 by establishing policy, responsibilities, and procedures for
fully considering environmental consequences of proposed actions,
preparing necessary documentation for actions with the potential for
significant environmental impact, and demonstrating transparency in
decision-making.
DTRA/SCC-WMD does not own real property or undertake projects or
programs where actions are planned or funded by private applicants or
other non-Federal entities. Therefore, this guide does not include
provisions to account for such actions.
2. Applicability
The requirements and procedures of this guide apply to all entities
of DTRA/SCC-WMD and its executing agents.
3. Policy
It is DTRA/SCC-WMD policy to:
(a) Integrate environmental consideration into all Agency/Center
activities at the earliest possible planning stage, make decisions
considering environmental consequences, assess a range of reasonable
alternative actions, and take actions that protect, restore, and
enhance the environment.
(b) Prepare all necessary documentation required under NEPA and 40
CFR parts 1500-1508 whenever acting as the proponent or lead agency for
a proposed action that has the potential for significant environmental
impact.
(c) Serve as a cooperating agency for activities in which DTRA/SCC-
WMD participates but is not the proponent or lead agency and provide
full cooperation and necessary technical expertise and documentation to
the lead agency as requested.
(d) Use programmatic and tiered analyses, when possible, to
eliminate redundancies in future project/program analyses, effectively
evaluate cumulative environmental effects, and reduce mission delays.
(e) Periodically (at least every 7 years) review the effectiveness
of its NEPA procedures including responsibilities, implementing
procedures, and categorical exclusions (CATEXs), and when new
information or circumstances warrant, review the currency of existing
Programmatic Environmental Impact Statements (EISs) and Programmatic
Environmental Assessments (EAs).
(f) Involve the public in preparing and executing its NEPA
procedures, and publish NEPA implementing procedures, CATEXs, and other
relevant NEPA documentation as appropriate on the DTRA/SCC-WMD public
Web site.
(g) Prepare NEPA documentation and procedures that are written in
plain language so that decision-makers and the public can readily
understand them.
(h) To the fullest extent possible, integrate NEPA requirements
with other environmental review and consultation requirements
including, but not limited to, Clean Water Act, Clean Air Act,
Endangered Species Act, National Historic Preservation Act, Resource
Conservation and Recovery Act, and Comprehensive Environmental
Response, Compensation, and Liability Act.
(i) Eliminate duplication with State and local procedures by
providing for, as appropriate, joint planning processes and, where
appropriate, joint preparation of NEPA reviews (analyses and
documentation).
(j) Eliminate duplication with other Federal procedures by jointly
preparing NEPA reviews, or adopting other agencies' EAs and EISs, or
incorporating by reference material into an EA or EIS where
appropriate.
(k) Comply with host installation NEPA requirements in addition to
the requirements set forth in this guide. Equivalent host installation
documentation may be used to satisfy DTRA/SCC-WMD documentation
requirements.
4. Responsibilities
(a) Director, DTRA/SCC-WMD (J0)
The J0 has final approval and signature authority of EIS Records of
Decision (RODs) generated by DTRA/SCC-WMD or its contractors. This
authority may be delegated as deemed appropriate by the J0.
(b) Joint Director (JDIR), Acquisition, Finance, and Logistics (J4/8)
The JDIR, J4/8 monitors the effective implementation of these
procedures through the Director, Environment, Safety, and Occupational
Health (ESOH) Department (J4E) and hereby appoints the Director, J4E as
the principal Agency/Center advisor on NEPA-related requirements.
(c) Director, J4E
The Director, J4E as the principal Agency advisor on NEPA-related
requirements:
(1) Provides guidance to Project/Program Managers as necessary on
the requirements in this guide and maintains direct oversight of the
NEPA process.
(2) Reviews project proposals to determine NEPA applicability and
requirements, and provides qualified personnel to support Project/
Program Managers with NEPA compliance.
(3) Performs environmental compliance reviews of EISs/RODs, EAs/
Findings of No Significant Impact (FONSIs), and Records of
Environmental Consideration (RECs) generated by DTRA/SCC-WMD or its
contractors and provides initial approval by signature as the
compliance authority.
(4) When DTRA/SCC-WMD serves as a cooperating agency for activities
in which it participates but is not the proponent or lead, reviews and
approves NEPA documents as requested by the lead agency.
(5) Maintains an organized administrative record of all NEPA
documents generated by DTRA/SCC-WMD or its contractors, including
documentation supporting Agency/Center CATEXs.
(6) Represents DTRA/SCC-WMD in NEPA-related matters with external
organizations.
(7) Ensures required NEPA mitigation measures are documented in the
administrative record, performed, and monitored.
[[Page 61202]]
(d) Office of the General Counsel (J0GC)
The J0GC provides a legal review of EISs, RODs, EAs, and FONSIs
generated by DTRA/SCC-WMD or its contractors.
(e) Governmental and Public Affairs Office (J0XG)
The J0XG:
(1) Assists Project/Program Managers with engaging the public for
scoping meetings, accepting comments, providing adjudications, outreach
efforts, and other related interactions.
(2) Coordinates the public release of DTRA/SCC-WMD NEPA
documentation using various mediums including local newspapers, DTRA/
SCC-WMD's public Web sites, and the Federal Register (FR).
(3) Approves, signs, and publishes Notices of Intent (NOI) and
Notices of Availability (NOA).
(f) Directorate JDIRs/Staff Office Chiefs/SCC-WMD Divisions
The Directorate JDIRS/Staff Office Chiefs/SCC-WMD Divisions:
(1) Integrate environmental considerations early in the planning
stages of all Directorate/Staff Office/SCC-WMD Division activities with
adequate time to ensure NEPA requirements can be met.
(2) Provide project proposals to the Director, J4E for any planned
DTRA/SCC-WMD activity with potential for environmental impact.
(3) Provide necessary funding to satisfy NEPA requirements for
Directorate/Staff Office/SCC-WMD Division activities subject to
compliance.
5. Environmental Planning & Analysis
(a) Record of Environmental Review
(1) A flowchart outlining the general NEPA process can be found in
Appendix A.
(2) As early in the planning process as possible, the Project/
Program Manager of a proposed action must provide to the J4E a project
proposal by completing the top section of a REC (found in Appendix C)
with information regarding the scope of the activity.
(3) A REC is used to document the environmental analysis for an
activity. The REC could indicate that a CATEX applies and there are no
extraordinary circumstances requiring further analysis; that the
activity is covered under a previous analysis (EA/EIS) and further
analysis is not required, or that additional analysis is needed (EA/
EIS).
(4) Based on conclusions of the initial environmental analysis,
additional analysis may be required. Project/Program Managers must also
comply with other applicable statutory or regulatory requirements set
out in DTRA/SCC-WMD Instruction 4715.5, including but not limited to
environmental permits, consultations, and approvals such as those
required for actions affecting federally-listed threatened or
endangered species or their designated critical habitat, historic and
cultural preservation, safe drinking water requirements, as well as
other applicable state, DoD, or local regulatory requirements.
(b) Categorical Exclusion (CATEX)
(1) A CATEX is a category of Agency/Center actions which have been
determined to normally not individually or cumulatively have
significant impact on the environment and therefore neither an EA nor
EIS is required. Project/Program Managers may use a CATEX for a
proposed action with approval from the J4E when there are no
extraordinary circumstances that warrant further analysis in an EA or
EIS. (i) A list of approved CATEXs can be found in Appendix B. DTRA/
SCC-WMD must not use a CATEX that is not listed in the appendix.
Proposals for additional CATEXs must be submitted to and approved by
the J4E and CEQ, be reviewed through a public comment period, and be
supported by appropriate substantiating documentation such as an EA/
FONSI, impact demonstration projects, or information from professional
staff, expert opinions, and scientific analyses. (ii) Extraordinary
circumstances are also listed in Appendix B following the list of
CATEXs.
(2) If a CATEX applies, the J4E will document use of the specific
CATEX on the REC, and the action may proceed. The REC should document
any determination and conclusion where the issue of whether an
extraordinary circumstance requires further review has been resolved.
This determination can be made using current information and expertise,
if available and adequate, or can be derived through conversation, as
long as the basis for the determination is included in the REC. Copies
of appropriate interagency correspondence can be attached to the REC.
Example conclusions regarding screening criteria are as follows: (i)
``U.S. Fish and Wildlife Service concurred in informal coordination
that endangered or threatened species will not be adversely affected.''
(ii) ``Corps of Engineers determined action is covered by nationwide
general permit.'' (iii) ``State Historic Preservation Officer concurred
with action.'' (iv) ``State Department of Natural Resources concurred
that no adverse effects to state sensitive species are expected.''
(3) If a CATEX does not apply, either by not including the proposed
action or due to extraordinary circumstances, and the action is not
covered under an existing document, then an EA or EIS must be prepared
unless the proposed action is not further considered.
(4) To use a CATEX, the proponent must satisfy the following three
screening conditions: (i) The action has not been segmented. Determine
that the proposed action has not been segmented to meet the definition
of a CATEX and fits within the category of actions described in the
CATEX. Segmentation can occur when an action is broken down into small
parts in order to avoid the appearance of significance of the total
action. An action can be too narrowly defined, minimizing potential
impacts in an effort to avoid a higher level of NEPA documentation. The
scope of an action must include the consideration of connected actions,
and the effects when applying extraordinary circumstances must consider
cumulative impacts. (ii) No exceptional circumstances exist. Determine
if the action involves extraordinary circumstances that would preclude
the use of a CATEX (see Appendix B). (iii) One CATEX encompasses the
proposed action. Identify a CATEX that encompasses the proposed action
(see Appendix B). If multiple CATEXs could be applicable, proceed when
it is clear that the entire proposed action is covered by one CATEX.
Any limitation in any potentially applicable CATEX should be considered
when determining whether it is appropriate to proceed without further
analysis in an EA or EIS.
(c) Environmental Assessment (EA)
(1) An EA is a concise public document used to provide sufficient
evidence and analysis for determining whether to prepare an EIS or
FONSI or to comply with NEPA when an EIS is not necessary.
(2) The EA must include, at a minimum, the following: (i) Cover
page, which identifies the proposed action and the geographic location.
(ii) Purpose and need for the proposed action or activity. (iii)
Description of the proposed action with sufficient detail in terms that
are understandable to readers that are not familiar with DTRA/SCC-WMD
activities. (iv) Discussion of alternative actions considered,
including the preferred action and a ``no action'' alternative. There
is no requirement for a specific number of alternatives or a specific
range of alternatives to be included in an EA. An EA may limit the
range of alternatives
[[Page 61203]]
to the proposed action and no action when there are no unresolved
conflicts concerning alternative uses of available resources. For
alternatives considered but eliminated from further study, the EA
should briefly explain why these were eliminated. (v) Description of
the affected environment. (vi) Analysis of the potential environmental
impacts of the proposed action and alternatives. The EA must discuss,
in comparative form, the reasonably foreseeable environmental impacts
of the proposed action, the no action alternative, and any other
reasonable alternatives necessary to address unresolved conflicts
concerning the alternative use of resources. The discussion of
environmental impacts must focus on substantive issues and provide
sufficient evidence and analysis to support a FONSI unless a
determination to prepare an EIS is made. (vii) Identification of any
permits, licenses, approvals, reviews, or applicable special purpose
laws. Although the NEPA process does not preclude separate compliance
with these other requirements, DTRA/SCC-WMD will integrate applicable
environmental review, consultation, and public involvement requirements
under special purpose laws and requirements into its NEPA planning and
documentation to reduce paperwork and delay. (viii) List of preparers,
agencies, and persons consulted. (ix) Signature of the preparer(s) and
the Director, J4E. (x) References and appendices. The appendices may
include: (A) References that support statements and conclusions in the
body of the EA, including methodologies used. Proper citations and,
when available, hyperlinks to reference materials should be provided;
(B) Evidence of coordination or required consultation with affected
Federal, state, tribal, and local officials and copies or a summary of
their comments or recommendations and the responses to such comments
and recommendations; and (C) A summary of public involvement, including
a summary of issues raised at any public hearing or public meeting.
(3) The analysis of potential environmental impacts (item
(c)(2)(vi) above) will include an assessment of the direct, indirect,
and cumulative impacts that can reasonably be expected from taking the
proposed action or alternatives, and the analysis should address
substantive comments raised by interested Federal agencies, non-Federal
agencies, and private parties. (i) When direct or indirect impacts
exist, the EA must consider cumulative impacts. Cumulative impacts are
impacts on the environment resulting from the incremental impact of the
action when added to other past, present, and reasonably foreseeable
future actions. (ii) Actions by Federal agencies, non-Federal agencies,
and private parties must be included when considering cumulative
impacts.
(4) DTRA/SCC-WMD must coordinate, as appropriate, preparation of
the EA with other agencies (Federal, state, local, or tribal
governments) when the action involves resources they manage or protect,
and will invite agencies with jurisdiction by law or with special
expertise to participate as cooperating agencies. (i) Agencies with
jurisdiction by law are those with the authority to grant permits for
implementing actions, approve or veto portions of the proposed action,
or finance a portion of the proposed action. Federal agencies with
jurisdiction by law must be a cooperating agency. Non-federal agencies
may be invited. (ii) Agencies with special expertise are those that
have the expertise needed to help meet a statutory responsibility, to
carry out in part the DTRA/SCC-WMD mission, or in the proposed actions'
relationship to the objectives of regional, state, or local land use
plans, policies, and controls. Federal and non-federal agencies may be
invited.
(5) DTRA/SCC-WMD must involve the public, to the extent
practicable, in preparing EAs. (i) The appropriate level of involvement
will vary based on the proposed action. A public scoping meeting, as
described in 40 CFR 1501.7, is not required for an EA but is optional.
Scoping can be particularly useful when an EA deals with uncertainty or
controversy regarding potential conflicts over the use of resources or
the environmental impacts of the proposed actions. The scoping process
can provide a transparent way to identify environmental issues,
focusing the analysis on the most pertinent issues and impacts. (ii) A
draft EA should be circulated for 30 days of public comment and, if
applicable, with the unsigned proposed FONSI, per paragraph (d)(7) of
the FONSI provisions below. The length of comment period may be
adjusted based on mission requirements.
(6) DTRA/SCC-WMD will use the conclusions of an EA to determine
whether to issue a FONSI or an NOI to prepare an EIS (found in Appendix
D).
(d) Finding of No Significant Impact (FONSI)
(1) A FONSI is a document that briefly presents the reasons why a
proposed action will not have a significant effect on the human
environment and for which an EIS therefore will not be prepared. It
must include the EA or a summary of it and note any other environmental
documents related to it.
(2) Mitigated FONSIs are appropriate where the J4E and Project/
Program Manager, or other decision-maker for the project/program
determine that mitigation measures can reduce potentially significant
adverse impacts below the level of significance. These mitigation
measures may be used to support a FONSI, provided that: (i) The
relevant areas of environmental concern are identified in the EA; (ii)
The EA supports the Agency's determination that the potential impacts,
including the impacts of any mitigation commitments, will be
insignificant; and (iii) The Agency has identified mitigation measures
that will be sufficient to reduce potential impacts below applicable
significance thresholds and has ensured commitments to implement these
measures.
(3) Mitigation that is used to support a mitigated FONSI must be
included as a condition of project approval. In these cases, if DTRA/
SCC-WMD's decision to act is not otherwise evidenced by a final
decision document such as a rule, license, or approval, the J4E and the
Project Manager or other decision-maker for the project/program must
document the decision in the conclusion of the FONSI. The decision must
identify those mitigation measures DTRA/SCC-WMD is adopting and
identify any monitoring and enforcement program applicable to such
measures (see Section 6: Mitigation and Monitoring).
(4) A FONSI or Mitigated FONSI must document, in plain writing, the
reasons why an action, not otherwise categorically excluded, would not
have a significant impact on the human environment. The FONSI documents
the basis for the determination that the proposed action would not have
significant environmental impacts and the decision to implement the
proposed action. The FONSI may be attached to an EA, or the EA and
FONSI may be combined into a single document. If the FONSI is attached
or combined with the EA, it need not repeat the discussion in the EA.
If the FONSI is not attached or combined with the EA, the FONSI must
include a summary of the EA and note any other environmental documents
related to it. The FONSI must: (i) Briefly describe the proposed
action, the purpose and need, and the alternatives considered
(including the no action alternative), and assess and document all
relevant matters necessary to support the conclusion that the proposed
action would not significantly affect the
[[Page 61204]]
quality of the human environment; (ii) Determine the proposed action's
consistency or inconsistency with community planning, and document the
basis for the determination; (iii) Present any mitigation measures that
are a condition of project approval. The FONSI should also reflect
coordination of mitigation commitments (including any applicable
monitoring program) with, and consent and commitment from, those
entities with the authority to implement specific mitigation measures
committed to in the FONSI; and (iv) Reflect compliance with all
applicable environmental requirements, including interagency and
intergovernmental coordination and consultation, public involvement,
and documentation requirements. Findings and determinations required
under special purpose laws and requirements, regulations, and orders,
if not made in the EA, must be included in the FONSI. (v) If the FONSI
is prepared following adoption of all or part of another agency's NEPA
document, the FONSI must identify the part(s) of the document being
adopted and include documentation of DTRA/SCC-WMD's independent
evaluation of the document.
(5) All FONSIs must include the following approval statement: After
careful and thorough consideration of the facts contained herein, the
undersigned finds that the proposed Federal action is consistent with
existing national environmental policies and objectives as set forth in
Section 101 of NEPA and other applicable environmental requirements and
will not significantly affect the quality of the human environment.
APPROVED:--------------------------------------------------------------
DATE:------------------------------------------------------------------
(6) Following preparation of the FONSI, the Project/Program Manager
reviews and signs the FONSI. Issuance of a FONSI signifies that DTRA/
SCC-WMD will not prepare an EIS and has completed the NEPA process for
the proposed action. Following the approval of a FONSI, the Project/
Program Manager may decide whether to take or approve the proposed
action. Mitigation measures that were made as a condition of approval
of the FONSI must be incorporated in the decision to implement the
action.
(7) The J0XG in coordination with the Project/Program Manager will
publish an NOA (found in Appendix E) with local media to open a 30-day
public comment period for the final draft EA and unsigned proposed
FONSI. For actions with national interest, J0XG shall also publish the
NOA in the FR. The length of comment period may be adjusted based on
mission requirements.
(8) After closure of the public comment period, the Project/Program
Manager in coordination with the J4E will adjudicate the comments
received and update the EA as necessary. The Project/Program Manager in
coordination with the J4E will decide to prepare an EIS, or terminate
the proposed action.
(9) Upon completing the adjudication, the final FONSI will be
signed by the J4E and Project/Program Manager or other decision-maker
for the project/program, and the action may proceed.
(10) The J0XG will make the final EA and signed FONSI available to
the public and post on DTRA/SCC-WMD's public Web site. (i) A copy of
the FONSI and EA should be sent to reviewing agencies and organizations
or individuals who made substantive comments or specifically requested
copies. (ii) When a project involves a resource protected under a
special purpose law or requirement, or other directive, the J0XG will
send a signed copy of the FONSI and the EA supporting it to the
agency(ies) with whom DTRA/SCC-WMD consulted to comply with the
applicable law or directive and to any party requesting copies of those
documents.
(e) Environmental Impact Statement (EIS)
(1) When a proposed action has the potential for significant
environmental impact or when an EA does not result in a FONSI, an EIS
will be prepared to examine the potential impacts of the proposed
action, reasonable alternatives, and measures to mitigate those
effects.
(2) Prior to preparing an EIS, the Project/Program Manager in
coordination with J0XG will publish an NOI (Appendix D) in the FR to
initiate preparation of the EIS. (i) The NOI includes an overview of
the proposed action, any reasonable alternatives being considered
(including no action), and known potential environmental impacts
associated with the action. If the NOI is also used to satisfy public
notice and comment requirements of other environmental requirements in
addition to NEPA that are applicable to the proposed action, the NOI
should include a statement to that effect with a reference to the
applicable laws, regulations, or Executive Orders. (ii) The NOI will
also identify a DTRA/SCC-WMD point of contact who can provide
additional information about the action and to whom comments should be
sent. (iii) There will be a public scoping period of 30 days from the
date of publication of the NOI in the FR to allow other interested
agencies and the public to provide input and comments. If a scoping
meeting is planned and sufficient information is available at the time
of the NOI, the NOI should also announce the meeting, including the
meeting time and location, and other appropriate information such as
availability of a scoping document.
(3) The Project/Program Manager must host a public EIS scoping
meeting to identify the range of actions, alternatives, and impacts to
consider for analysis. Scoping is a required part of the EIS process.
Scoping is an early and open process for determining the scope of
issues to be addressed in the EIS and identifying the significant
issues related to a proposed action. The Project/Program Manager shall
tailor the scoping processes to match the complexity of the proposal.
(i) DTRA/SCC-WMD representatives must include at a minimum the Project/
Program Manager, the J4E, and program subject matter experts. The
Project/Program Manager will also invite interested members of the
public and representatives from cooperating organizations, and may
include other participants as necessary. (ii) Scoping serves additional
purposes such as identifying those issues that do not require detailed
analysis or that have been covered by prior environmental review,
setting the temporal and geographic boundaries of the EIS, determining
reasonable alternatives, and identifying available technical
information. (iii) The Project/Program Manager with assistance from the
J4E must take the lead in the scoping process, inviting the
participation of potentially affected Federal, state, and local
agencies, any potentially affected tribes, and other interested persons
(including those who might oppose the proposed action).
(4) An EIS must include the following components presented in the
standard EIS format in accordance with 40 CFR parts 1500-1508: (i) A
cover page that includes: (A) A list of the responsible lead and
cooperating agencies (identifying the lead agency); (B) The title of
the proposed action together with the state(s) and county(ies) where
the action is located; (C) The name, address, and telephone number of
the responsible DTRA/SCC-WMD official; (D) The designation of the
statement as draft, final, or supplement; (E) A one paragraph abstract
of the EIS; and (F) For draft EISs, a statement that this EIS is
submitted for review pursuant to applicable public law requirements.
(ii)
[[Page 61205]]
An executive summary that adequately and accurately summarizes the EIS.
The summary describes the proposed action, stresses the major
conclusions, areas of controversy (including issues raised by agencies
and the public), and the issues to be resolved (including the choice
among alternatives). It also discusses major environmental
considerations and how these have been addressed, summarizes the
analysis of alternatives, and identifies the agency preferred
alternative. It discusses mitigation measures and any monitoring. (iii)
A table of contents that lists the chapters and exhibits (including
figures, maps, and tables) presented throughout the EIS. It will also
list any appendices, acronym list, glossary, references, and index.
(iv) A Purpose and Need section that briefly describes the underlying
purpose and need for the Federal action. It presents the problem being
addressed and describes what DTRA/SCC-WMD is trying to achieve with the
proposed action. It provides the parameters for defining a reasonable
range of alternatives to be considered. The purpose and need for the
proposed action must be clearly explained and stated in terms that are
understandable to individuals who are not familiar with DTRA/SCC-WMD
activities. Where appropriate, the responsible DTRA/SCC-WMD official
should initiate early coordination with cooperating agencies in
developing purpose and need. (v) An Alternatives section that includes
the proposed action. This section is the heart of the EIS. It presents
a comparative analysis of the no action alternative, the proposed
action, and other reasonable alternatives to fulfill the purpose and
need for the action, to sharply define the issues, and provide a clear
basis for choice among alternatives by the approving official. Whether
a proposed alternative is reasonable depends, in large part, upon the
extent to which it meets the purpose and need for the proposed action.
Reasonable alternatives not within the jurisdiction of the lead agency
should be considered. DTRA/SCC-WMD may include alternatives proposed by
the public or another agency. However, they must meet the basic
criteria for any alternative: It must be reasonable, feasible, and
achieve the project's purpose. The extent of active participation in
the NEPA process by the proponent of the alternative also bears on the
extent to which a preferred alternative deserves consideration. Charts,
graphs, and figures, if appropriate, may aid in understanding the
alternatives. To provide a clear basis of choice among the
alternatives, graphic or tabular presentation of the comparative impact
is recommended. This section also presents a brief discussion of
alternatives that were not considered for detailed analysis (e.g.,
because they do not meet the purpose and need for the proposed action).
The draft EIS must identify the preferred alternative or alternatives,
if one or more exists at the time the draft EIS is issued. The final
EIS must specifically and individually identify the preferred
alternative. Criteria other than those included in the affected
environment and environmental consequences sections of the EIS may be
applied to identify the preferred alternative. Although CEQ encourages
Federal agencies to identify the environmentally-preferred alternatives
in the EIS, the CEQ Regulations do not require that discussion until
the ROD. (vi) An affected environment section that describes the
environmental conditions of the potentially affected geographic area or
areas. The discussion of the affected environment should be no longer
than is necessary. It should include detailed discussion of only those
environmental impact categories affected by the proposed action or any
reasonable alternatives to demonstrate the likely impacts; data and
analyses should be presented in detail commensurate with the importance
of the impact. To ensure that this section emphasizes the important
aspects of the impacts on the environment, the discussion should
summarize and incorporate by reference information or analysis that is
reasonably available to the public. This section may include the
following, if appropriate: (A) Location map, vicinity map, project
layout plan, and photographs; (B) Existing and planned land uses and
zoning, including: industrial and commercial growth characteristics in
the affected vicinity; affected residential areas, schools, places of
outdoor assemblies of persons, churches, and hospitals; public parks,
wildlife and waterfowl refuges; federally listed or proposed candidate,
threatened, or endangered species or federally designated or proposed
critical habitat; wetlands; national and state forests; floodplains;
farmlands; coastal zones, coastal barriers, or coral reefs; recreation
areas; wilderness areas; wild and scenic rivers; Native American
cultural sites, and historic and archeological sites eligible for or
listed on the National Register of Historic Places; (C) State or local
jurisdictions affected by the proposed action or any reasonable
alternatives; (D) Population estimates and other relevant demographic
information for the affected environment, including a census map where
appropriate; and (E) Past, present, and reasonably foreseeable future
actions, whether Federal or non-Federal, including related or connected
actions to show the cumulative effects of these actions on the affected
environment. (vii) An environmental consequences section, which forms
the scientific and analytical basis for comparing the proposed action,
the no action alternative, and other alternatives retained for detailed
analysis. (A) The discussion of environmental consequences will include
the environmental impacts of the alternatives including the proposed
action; any adverse environmental impacts that cannot be avoided should
the proposed action or any of the reasonable alternatives be
implemented; the relationship between short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity; any irreversible or irretrievable commitments of
resources that would be involved in the proposed action or any
reasonable alternatives should they be implemented; and mitigation. It
must include considerations of direct, indirect, and cumulative impacts
and their significance and possible conflicts with the objectives of
Federal, regional, state, tribal, and local land use plans, policies,
and controls for the area concerned and other unresolved conflicts. To
avoid excessive length, the environmental consequences section may
incorporate by reference background data to support the impacts
analysis. 40 CFR 1502.22 sets forth requirements for addressing
situations in which information for assessing reasonably foreseeable
significant adverse impacts is incomplete or unavailable. (B) Specific
environmental impact categories must be discussed to the level of
detail necessary to support the comparisons of impacts of each
alternative retained for detailed analysis, including the no action
alternative. The section should include the information required to
demonstrate compliance with other applicable requirements and should
identify any permits, licenses, other approvals, or reviews that apply
to the proposed action or any reasonable alternatives, and indicate any
known problems with obtaining them. This section should also provide
the status of any interagency or intergovernmental consultation
required, for example, under the National Historic Preservation Act, 16
U.S.C. 470-470x-6, the Endangered Species Act, 16 U.S.C. 1531-1544, the
Coastal Zone
[[Page 61206]]
Management Act, 16 U.S.C. 1451-1466, the American Indian Religious
Freedom Act, 42 U.S.C. 1996, Executive Order 13084, Consultation and
Coordination with Indian Tribal Governments, 63 Federal Register 27655
(May 14, 1998), the Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287,
and the Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d. (viii)
An EIS must describe mitigation measures considered or planned to
minimize harm from the proposed action and reasonable alternatives. The
EIS must discuss mitigation in sufficient detail to disclose that the
environmental consequences have been fairly evaluated. Mitigation
incorporated into project design must be clearly described in the
proposed action and any reasonable alternatives. Environmental impacts
resulting from mitigation must be considered in the EIS, when
applicable. (A) The following types of mitigation measures should be
considered: design and construction actions to avoid or reduce impacts;
management actions that reduce impacts during operation of the
facility; and replacement, restoration (reuse, conservation,
preservation, etc.), and compensation measures. (B) Electronic data
collection, tracking, and analysis may be useful in the consideration
of appropriate mitigation measures. The DTRA/SCC-WMD ESOH Management
System may also be used for tracking and monitoring mitigation
commitments. (C) Mitigation and other conditions established in the
EIS, or during review of the EIS, and that are committed to in the ROD,
must be implemented by DTRA/SCC-WMD or another appropriate entity with
authority to implement the identified mitigation measures or other
conditions. DTRA/SCC-WMD ensures implementation of such mitigation
measures through special conditions, funding agreements, contract
specifications, directives, other review or implementation procedures,
and other appropriate follow-up actions in accordance with 40 CFR parts
1500-1508. (ix) The EIS must list the preparers of the NEPA document,
including the names, and qualifications (e.g., expertise experience,
professional disciplines) of DTRA/SCC-WMD staff that were primarily
responsible for preparing the EIS or significant background material,
and contractors who assisted in preparing the EIS or associated
environmental studies. (x) The EIS must contain a list of agencies,
organizations, and persons to whom copies of the EIS are sent. This
list is included for reference and to demonstrate that the EIS is being
circulated, and thus, that the public review process is being followed.
(xi) An index that reflects the key terms used throughout the EIS for
easy reference. The index must include page numbers for each reference.
(xii) An EIS must include appendices, if necessary. This section
consists of material that substantiates any analysis that is
fundamental to the EIS, but would substantially contribute to the
length of the EIS or detract from the document's readability, if
included in the body of the EIS. This section should contain
information about formal and informal consultation conducted and
related agreement documents prepared, pursuant to other special purpose
laws and requirements. (xiii) The Final EIS must assess and respond to
comments received on the draft EIS. (xiv) If applicable, the EIS may
include footnotes. Footnotes include the title, author, date of
document, and page(s) relied upon for sources used.
(5) An EIS may not include any final decisions regarding the
Agency/Center's course of action.
(6) The J4E must file the draft EIS with the United States
Environmental Protection Agency (EPA) through the e-NEPA electronic
filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. As part of the draft EIS filing process, the EPA will issue
an NOA in the FR to open a 45-day comment period for the public,
federally recognized tribes, or other interested Federal, state, and
local agencies. This starts the official comment period for the draft
EIS. The J0XG shall also publish an NOA (Appendix E) in a local daily
newspaper on the same day that EPA's NOA is published. DTRA/SCC-WMD
should send a press release to local media and, if the EIS is national
in scope, to national media outlets. DTRA/SCC-WMD must notify EPA if it
approves an extension of the public comment period so that EPA may
provide an update in its FR notice. (i) The draft EIS should be
available at local libraries or similar public depositories. Material
used in developing or referenced in the draft EIS must be available for
review at the appropriate DTRA/SCC-WMD office(s) or at a designated
location. Upon request, copies of the draft EIS must be made available
to the public without charge to the extent practical or at a reduced
charge, which is not more than the actual cost of reproducing copies.
The draft EIS may also be placed on the Internet and/or copies may be
made available in digital form. (ii) The J0XG should use the following
standard language in press releases and notices announcing the draft
EIS's availability for comment and any public meetings or hearing(s)
associated with the proposed project: DTRA/SCC-WMD encourages all
interested parties to provide comments concerning the scope and content
of the draft EIS. Comments should be as specific as possible and
address the analysis of potential environmental impacts and the
adequacy of the proposed action or merits of alternatives and the
mitigation being considered. Reviewers should organize their
participation so that it is meaningful and makes the agency aware of
the reviewer's interests and concerns using quotations and other
specific references to the text of the draft EIS and related documents.
Matters that could have been raised with specificity during the comment
period on the draft EIS may not be considered if they are raised for
the first time later in the decision process. This commenting procedure
is intended to ensure that substantive comments and concerns are made
available to DTRA/SCC-WMD in a timely manner so that DTRA/SCC-WMD has
an opportunity to address them. Before including your address, phone
number, email address, or other personal identifying information in
your comment, be advised that your entire comment--including your
personal identifying information--may be made publicly available at any
time. While you can ask us in your comment to withhold from public
review your personal identifying information, we cannot guarantee that
we will be able to do so.
(7) DTRA/SCC-WMD should hold public meetings or hearings on the
draft EIS, when appropriate. If DTRA/SCC-WMD conducts a public meeting
or hearing for the purpose of obtaining public comment on a draft EIS,
DTRA/SCC-WMD should ensure that the draft document is available for
public review at least 15 days before the event occurs. (i) The
Project/Program Manager must request comments on the draft EIS from
appropriate Federal, state, and local agencies and from tribes when the
impacts may be on a reservation or affect tribal interests. (ii) Draft
EISs must be coordinated with the appropriate regional offices of other
Federal agencies having jurisdiction by law or special expertise,
appropriate state and local agencies including cooperating agencies,
affected cities and counties, and others known to have an interest in
the action, and appropriate tribal governments when the impacts may
affect tribal interests.
(8) After closure of the comment period, the Project/Program
Manager and the J4E will adjudicate the comments received by
considering the
[[Page 61207]]
input or concern and documenting a response, update the EIS as
necessary, and complete an ROD (found in Appendix F) or terminate the
proposed action. (i) DTRA/SCC-WMD must take into consideration all
comments received on the draft EIS and comments recorded during public
meetings or hearings, and respond to the substantive comments in the
final EIS. All substantive comments received on the draft EIS (or
summaries where the comments are voluminous) must be attached to the
final EIS. Comments must be responded to in one or more of the
following ways: (A) Written into the text of the final EIS; (B) Stated
in an errata sheet attached to the final EIS; or (C) Included or
summarized and responded to in an attachment to the final EIS, and if
voluminous, may be compiled in a separate supplemental volume for
reference. (ii) DTRA/SCC-WMD may, subject to the conditions set forth
below, attach errata sheets to the draft EIS. If the modifications to
the draft EIS in response to comments are minor and are confined to
factual corrections or explanations of why the comments do not warrant
additional agency response, then only the comments, responses, and
errata sheets need to be circulated and the draft EIS and errata sheets
may be filed as the final EIS as set out in 40 CFR1503.4(c). Use of
errata sheets is subject to the condition that the errata sheets: (A)
Cite the sources, authorities, or reasons that support the position of
DTRA/SCC-WMD; and (B) If appropriate, indicate the circumstances that
would trigger agency reappraisal or further response.
(9) The cover page or summary of the final EIS or a draft EIS with
errata sheets in lieu of a final EIS must include the following
declaration language below. After careful and thorough consideration of
the information contained herein and following consideration of the
views of those Federal agencies having jurisdiction by law or special
expertise with respect to the environmental impacts described, the
undersigned finds that the proposed Federal action is consistent with
existing national environmental policies and objectives as set forth in
Section 101(a) of the National Environmental Policy Act of 1969.
(10) Other required environmental findings and conclusions must be
included in the summary, if not included in the body or at the end of
the EIS.
(11) The final EIS must be reviewed and approved by the Project/
Program Manager and the J4E prior to generating an ROD.
(12) The J4E will file the final EIS with the EPA through the e-
NEPA electronic filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. The EPA will issue an NOA for the final EIS in
the FR. The Project/Program Manager may request that the J0XG also
publish a more detailed availability notice in the FR, but the DTRA/
SCC-WMD notice cannot be substituted for the EPA FR notice. The final
EIS must be sent to: (i) The appropriate regional office of EPA; (ii)
Any relevant DoD officials; (iii) Each Federal, state, and local
agency, tribe, and private organization that made substantive comments
on the draft EIS and to individuals who requested a copy of the final
EIS or who made substantive comments on the draft EIS (one copy each);
(iv) DOE headquarters for projects having major energy-related
consequences (one copy); and (v) The appropriate state-designated
single point of contact (or specific agency contacts when states have
not designated a single contact point), unless otherwise designated by
the governor (adequate number of copies, which varies by state). (vi)
Additional copies must be sent to accessible locations to be made
available to the general public such as state, metropolitan, and local
public libraries to facilitate accessibility. The final EIS, comments
received, and supporting documents must be made available to the public
without charge to the fullest extent practical or at a reduced charge,
which is not more than the actual cost of reproducing copies, at
appropriate agency office(s) or at a designated location.
(13) DTRA/SCC-WMD must wait a minimum of 30 days after the EPA NOA
of the final EIS is published in the FR (and at least 90 days after
filing of the draft EIS) before making a decision on the proposed
action and issuing an ROD. The 30-day period provides time for the
decision-maker to consider the final EIS and other pertinent
information and make a decision; it is not for receiving public
comments unless DTRA/SCC-WMD requests comments on the final EIS. At the
conclusion of the 30-day waiting period, the J0 may issue the final
decision in an ROD and implementation of the selected action may begin.
(i) When DTRA/SCC-WMD is the lead Federal agency, the EPA, upon a
showing by another Federal agency of compelling reasons of national
policy, may extend prescribed periods up to 30 days, but no longer than
30 days without the permission of DTRA/SCC-WMD. The Project/Program
Manager may also extend the waiting period or request the EPA to reduce
this period for compelling reasons of national policy. The 90-day
waiting period after the NOA of the draft EIS cannot be altered by the
EPA. (ii) If DTRA/SCC-WMD unilaterally approves an overall extension of
a comment period, the EPA must be notified so that the EPA may provide
an update in its FR notice.
(14) Under certain circumstances, DTRA/SCC-WMD may choose to
terminate an EIS. This could occur, for example, when a proponent has
decided not to go forward with the action or it is determined to be no
longer needed. DTRA/SCC-WMD may also terminate an EIS and revert to an
EA if the environmental analysis shows that there would not be
significant impacts from the project. DTRA/SCC-WMD will provide notice
of the determination to no longer conduct an EIS that is issued in a
manner comparable to the publication and distribution used for the NOI
to prepare the EIS. The notice should cite the date of the original NOI
to prepare an EIS and state the reasons why DTRA/SCC-WMD has chosen to
terminate the EIS.
(f) Record of Decision (ROD)
(1) The ROD (Appendix F) will state DTRA/SCC-WMD's final decision
on which action will be taken. The ROD may be prepared after the time
periods outlined in the EIS section above. The Project/Program Manager
and the J4E must provide concurrence on the ROD before submitting to
the J0 for approval. Supplements to final EISs may be necessary (see
Section (7)(b) Supplemental EAs/EISs) and must be reviewed and approved
in the same manner as the original document, and a new draft ROD should
be prepared, circulated, and approved. (i) DTRA/SCC-WMD may select any
alternative within the range of alternatives analyzed in the final EIS.
The selected alternative may be an alternative other than the agency's
preferred alternative or the environmentally-preferred alternative. The
selected action may not be implemented until the J0 has approved and
signed the ROD. (ii) If DTRA/SCC-WMD selects an alternative other than
the preferred alternative in the final EIS that involves special
purpose laws and requirements, such as those related to Section 4(f)
land, federally listed endangered species, wetlands, or historic sites,
the Agency must first complete any required permit, evaluation,
consultation, or other approval requirement prior to taking the action.
(2) DTRA/SCC-WMD must provide public notice of availability of the
ROD
[[Page 61208]]
through appropriate means as required by 40 CFR 1506.6(b). Such means
may include publication in the FR, other media, and on the Internet,
although publication in the FR is only required for actions with
effects of national concern.
(3) The ROD must: (i) Present DTRA/SCC-WMD's decision on the
proposed action, and identify and discuss all factors, including any
essential considerations of national policy, that were balanced by the
Agency in making its decision and state how those considerations
entered into the decision; (ii) Identify all alternatives DTRA/SCC-WMD
considered and which alternative(s) is/are considered to be
environmentally-preferable. DTRA/SCC-WMD may discuss preferences among
alternatives based on relevant factors including economic and technical
considerations, and agency statutory missions; (iii) Identify any
mitigation measure(s) committed to as part of the decision and
summarize any applicable mitigation monitoring and enforcement program.
This must include any mitigation measure that was committed to as a
condition of the approval of the final EIS; (iv) State whether all
practicable means to avoid or minimize environmental harm from the
selected alternatives have been adopted, and if not, why; and (v)
Include any findings required by Executive Order, regulation, or
special purpose law or requirement (e.g., wetlands, Section 4(f),
etc.).
(4) As necessary, the ROD can be used to clarify and respond to
issues raised on the final EIS when those issues do not require
supplementation of the final EIS.
(5) If the ROD is prepared following adoption of all or part of
another agency's NEPA document (see Section (7)(c) Adoption of EAs/
EISs), the ROD must incorporate by reference the part(s) of the
document being adopted and include documentation of DTRA/SCC-WMD's
independent evaluation of the document.
(6) The ROD must be signed by the J0 or delegated authority and
posted with the EIS on the DTRA/SCC-WMD public Web site by the J0XG.
(7) The action must proceed no less than 30 days after the EPA has
published the NOA for the final EIS (see paragraph (5)(e)(13)).
6. Mitigation and Monitoring
(a) DTRA/SCC-WMD must indicate whether mitigation measures will be
implemented for the action selected in either a FONSI or ROD, the
commitments the Agency/Center considered and selected, and who will be
responsible for implementing, funding, and monitoring the mitigation
measures.
(b) If the J4E and the Project Manager or other decision-maker for
the project/program determine that a mitigation measure stipulated in a
FONSI has not been implemented or the implemented mitigation is failing
to mitigate environmental impacts as predicted, and as a result a
significant impact may occur, the J4E and the Project Manager or other
decision-maker for the project/program must initiate the EIS process by
issuing an NOI to prepare an EIS if there remains discretionary DTRA/
SCC-WMD action to be taken related to the project.
(c) When possible, the Project/Program Manager should include the
cost of mitigation as a line item in the budget for a proposed project/
program. DTRA/SCC-WMD ensures implementation of such mitigation
measures through memorandums of agreement, funding agreements, contract
specifications, directives, other review or implementation procedures,
and other appropriate follow-up actions.
(d) DTRA/SCC-WMD may ``mitigate to insignificance'' potentially
significant environmental impacts found during preparation of an EA
instead of preparing an EIS. The FONSI will include these mitigation
measures, which must be implemented simultaneously with the project/
program action (see Sections 5(d)(i)-(iii)).
(e) Mitigation includes: (1) Avoiding the impact altogether by not
taking a certain action or parts of an action. (2) Minimizing impacts
by limiting the degree or magnitude of the action and its
implementation. (3) Rectifying the impact by repairing, rehabilitating,
or restoring the affected environment. (4) Reducing or eliminating the
impact over time by preservation and maintenance operation during the
life of the action. (5) Compensating for the impact by replacing or
providing substitute resources or environments.
7. Subsequent Analyses
(a) Tiering and Programmatic Review
(1) A programmatic review may assist decision-makers and the public
in understanding the environmental impact from proposed broad federal
actions and activities. A programmatic EIS or EA may be prepared to
cover: (i) A broad group of related actions; or (ii) A program, policy,
plan, system, or national level proposal that may later lead to
individual actions, requiring subsequent NEPA analysis.
(2) A programmatic document is useful in analyzing the cumulative
impacts of a group of related actions and when the proposed actions are
adequately analyzed can serve as the NEPA review for those actions.
Programmatic documents may also be useful in providing the basis for
subsequent project-level specific environmental review. A programmatic
EIS or EA may contain a broader, less specific, analysis than is done
for a specific proposed project. If a programmatic EIS or EA is
prepared, DTRA/SCC-WMD will determine whether project-specific EISs or
EAs are needed for individual actions. Broad Federal actions analyzed
in a programmatic EIS or EA may be evaluated geographically,
generically, or by stage of technological development.
(3) The use of a programmatic EIS or EA, and subsequent preparation
of a project-specific EIS or EA is referred to as ``tiering'' the
environmental review. Tiering can also be used to sequence
environmental documents from the early stage of a proposed action
(e.g., need for the action and site selection) to a subsequent stage
(e.g., proposed construction) to help focus on issues that are ripe for
decision and exclude from consideration issues not yet ripe or already
decided. When this approach is used, DTRA/SCC-WMD must ensure that the
proposed action is not being segmented by describing the independent
utility of each stage. Programmatic and tiered EISs and EAs are subject
to the same preparation and processing requirements as other EISs and
EAs.
(4) When a programmatic EIS or EA has been prepared, any subsequent
EIS or EA for proposed projects within the scope of the programmatic
document only needs to incorporate it by reference by summarizing the
issues discussed in the programmatic document, providing access to the
programmatic EIS or EA, and concentrating the subsequent project-
specific EIS or EA on site-specific impacts not covered by the
programmatic document. The project-specific document must state how to
obtain a copy of the earlier programmatic document (i.e., a Web page or
contact person/office).
(b) Supplemental EAs/EISs
(1) Project/Program Managers must prepare a supplemental EA, draft
EIS, or final EIS if either of the following occurs: (i) There are
substantial changes to the proposed action that are relevant to
environmental concerns; or (ii) There are significant new circumstances
or information relevant to environmental concerns and bearing on the
proposed action or its impacts.
[[Page 61209]]
(2) Significant information is information that paints a
dramatically different picture of impacts compared to the description
of impacts in the EA or EIS. DTRA/SCC-WMD may also prepare supplements
when the purposes of NEPA will be furthered by doing so.
(3) Supplemental documents must be prepared following the same
general process as the original EA or EIS addressing the new
circumstances, information, or actions and incorporating by reference
and summary the original EA or EIS. No new scoping is required for a
supplemental EIS, but may be conducted at the discretion of the
Project/Program Manager or the Director, J4E.
(4) When a supplemental EA or EIS is completed, a new FONSI or ROD
must be issued and made available to the public.
(c) Adoption of EAs/EISs
(1) DTRA/SCC-WMD may adopt in whole or in part, another Federal
agency's draft or final EA, the EA portion of another agency's EA/
FONSI, or EIS in accordance with 40 CFR 1506.3 and CEQ Guidance,
``Improving the Process for Preparing Efficient and Timely
Environmental Reviews under the National Environmental Policy Act,''
March 6, 2012, where DTRA/SCC-WMD's proposed action is substantially
the same as the action described in the existing EA or EIS. When
another agency's NEPA document does not adequately address DTRA/SCC-
WMD's proposed action or meet the applicable standards in the CEQ
Regulations and these implementing procedures, then DTRA/SCC-WMD cannot
adopt the EA or EIS and should consider which portions of that EA or
EIS can be incorporated by reference.
(2) The Project/Program Manager and J4E will independently review
the EA or EIS and determine whether it is current, satisfies the
requirements of NEPA, and covers the proposed action. In adopting all
or part of another agency's NEPA document, DTRA/SCC-WMD takes full
responsibility for the scope and content that addresses the relevant
DTRA/SCC-WMD action(s).
(3) If the actions covered by the original NEPA analysis and the
DTRA/SCC-WMD proposed action are substantially the same, DTRA/SCC-WMD
may reissue the EA or EIS as a final document and prepare its own FONSI
or ROD. The EA or EIS will be recirculated and a public comment period
will be provided per Section 5(e) above. When DTRA/SCC-WMD adopts an EA
or EIS where it has acted as a cooperating agency and its comments and
suggestions have been satisfied by the lead agency in the original
document, then coordination with the public is not required.
8. Actions on Host Installations/Actions Abroad
(a) Actions on Host Installations
DTRA/SCC-WMD must comply with the host installation NEPA
implementing regulations, procedures, and guidance in addition to those
set forth in this guide, and all environmental compliance actions must
be coordinated with the appropriate host installation point of contact.
Equivalent host installation documentation may be used to satisfy DTRA/
SCC-WMD documentation requirements when signed and approved by DTRA/
SCC-WMD and maintained in its administrative record.
(b) Actions Occurring Abroad
(1) Executive Order 12114 is based on the authority vested in the
President by the Constitution and the laws of the United States. The
objective of the Executive Order is to further foreign policy and
national security interests while at the same time taking into
consideration important environmental concerns. DTRA/SCC-WMD acts with
care in the global commons because the stewardship of these areas is
shared by all the nations of the world. DTRA/SCC-WMD will take account
of environmental considerations when it acts in the global commons in
accordance with these procedures.
(2) DTRA/SCC-WMD also acts with care within the jurisdiction of a
foreign nation. Treaty obligations and the sovereignty of other nations
must be respected, and restraint must be exercised in applying United
States laws within foreign nations unless the Congress has expressly
provided otherwise. DTRA/SCC-WMD will take account of environmental
considerations in accordance with these procedures when it acts in a
foreign nation.
(3) Foreign policy considerations require coordination with the
Department of State on communications with foreign governments
concerning environmental agreements and other formal arrangements with
foreign governments concerning environmental matters. Informal working-
level communications and arrangements are not included in this
coordination requirement. Consultation with the Department of State
also is required in connection with the utilization of additional
exemptions from these procedures.
(4) Executive Order 12114, implemented by these procedures,
prescribes the exclusive and complete procedural measures and other
actions to be taken by DTRA/SCC-WMD to further the purpose of the
National Environmental Policy Act with respect to the environment
outside the United States. As such, actions with potential for
significant environmental impact occurring abroad or in the global
commons outside the jurisdiction of any nation (e.g., the ocean or
Antarctica) are subject to the environmental analysis procedures set
forth in this Guide with the exception of hosting public meetings.
Project/Program Managers may choose to host public meetings in
consideration of the following factors: (i) Foreign relations
sensitivities. (ii) Whether the hearings would be an infringement or
create the appearance of infringement on the sovereign responsibilities
of another government. (iii) Requirements of domestic and foreign
governmental confidentiality. (iv) Requirements of national security.
(v) Whether meaningful information could be obtained through hearings;
(vi) Time considerations. (vii) Requirements for commercial
confidentiality.
(5) Consideration will be given to whether any foreign government
should be informed of the availability of environmental documents.
Communications with foreign governments concerning environmental
agreements and other formal arrangements with foreign governments
concerning environmental matters must be coordinated by the J0XG with
the Department of State through the Assistant Secretary of Defense
(International Security Affairs).
9. Classified Actions
(a) Classification of an action for national security does not
relieve DTRA/SCC-WMD from the requirements of NEPA. DTRA/SCC-WMD will
prepare, safeguard, and disseminate NEPA documents in accordance with
DoD requirements for classified information.
(b) Classified information in NEPA documents will be written in a
separate appendix from unclassified information so that the
unclassified portions of the documents can be made available to the
public.
(c) When classified information is an integral part of the analysis
so that a meaningful unclassified NEPA analysis cannot be produced, the
Project/Program Manager in coordination with the J4E will form a team
to review the classified NEPA analysis. This team will include
environmental professionals and subject matter experts who will
[[Page 61210]]
ensure the consideration of environmental effects is consistent with
the intent of NEPA, including public participation requirements for
unclassified portions.
10. Administrative Record
(a) The J4E will maintain an administrative record for each
environmental analysis performed and an administrative record to
support these implementing procedures.
(b) The administrative record for a proposed action must be
retained for 7 years after completing the action, unless the action
involves controversy concerning environmental effects or is of a nature
that warrants keeping it longer as determined by the J4E.
(c) The administrative records maintained will include, but are not
limited to: (1) All supporting documentation used to generate DTRA/SCC-
WMD's NEPA implementing procedures and CATEXs. (2) All supporting
documentation and information used to make a decision for Agency
actions with potential for significant environmental impact. (3) Maps
and other documents relevant to developing an EA or EIS. (4) Formal
communication by a consulting, coordinating, or cooperating agency. (5)
Studies and inventories of affected environmental resources. (6)
Correspondence with regulatory agencies, private citizens, tribes,
State or local governments, and other individuals and agencies
contacted during public involvement.
11. Glossary
(a) Abbreviations and Acronyms
CATEX Categorical Exclusion
CEQ Council on Environmental Quality
DoD Department of Defense
DTRA/SCC-WMD Defense Threat Reduction Agency and United States
Strategic Command Center for Combating Weapons of Mass Destruction
EA Environmental Assessment
EIS Environmental Impact Statement
EPA Environmental Protection Agency
ESOH Environment, Safety, and Occupational Health
FIRS Federal Information Relay Service
FONSI Finding of No Significant Impact
FR Federal Register
JO Director, DTRA/SCC-WMD
JOGC Office of the General Counsel
JOXG Governmental and Public Affairs Office
J4/8 Acquisition, Finance, and Logistics Directorate
J4E Environment, Safety, and Occupational Health Department
JDIR Joint Director
NEPA National Environmental Policy Act
NOA Notice of Availability
NOI Notice of Intent
REC Record of Environmental Consideration
ROD Record of Decision
TDD telecommunication devices for the deaf
(b) Definitions
Unless otherwise noted, these terms and their definitions are for
the purpose of this NEPA Procedures Guide. The definitions in 40 CFR
parts 1500-1508 control in the event of any inconsistency or
difference.
CATEX. A CATEX is defined at 40 CFR 1508.4 as a category of actions
which do not individually or cumulatively have a significant effect on
the human environment and which have been found to have no such effect
in Federal agency NEPA implementing procedures and, therefore, neither
an EA nor an EIS is required. This Guide provides for extraordinary
circumstances in which an action that is normally categorically
excluded may have a significant effect and therefore merit further
analysis in an EA or EIS.
Cooperating agency. A cooperating agency, defined at 40 CFR 1508.5,
is any Federal agency or State, tribal, or local governmental entity
which has jurisdiction by law or special expertise with respect to any
environmental impact involved in a proposed action or a reasonable
alternative. The selection and responsibilities of a cooperating agency
are described at 40 CFR 1501.6.
EA. An EA, defined at 40 CFR 1508.9, is a concise public document
for which a Federal agency is responsible that serves to: (1) Briefly
provide sufficient evidence and analysis for determining whether to
prepare an EIS or a FONSI; and (2) aid an agency's compliance with NEPA
when no environmental impact is necessary. An EA includes an evaluation
of whether a project's potential environmental impacts may be
significant. Includes an evaluation of the No Action Alternative and
other alternatives to the proposed project, and results in either a
FONSI or an NOI.
EIS. An EIS, defined at 40 CFR 1508.11, is a detailed written
evaluation of the potential environmental impacts and socioeconomic
impacts of a proposed action (project), including an evaluation of the
No Action Alternative and other alternatives to the proposed project.
The EIS identifies mitigation measures needed to address adverse
environmental impacts.
Environmental planning. The process of identifying and considering
environmental factors that impact on, or are impacted by, planned DoD
activities and operations.
FONSI. A FONSI, defined at 40 CFR 1508.13, is a document briefly
presenting the reasons why the proposed action, based on the EA
findings, will not have a significant effect on the human environment
and therefore an EIS is not required.
Impact. Any change to the environment wholly or partially resulting
from an organization's activities, products, or services. Impact is
synonymous with effect as defined at 40 CFR 1508.7 and 8.
NEPA. The National Environmental Policy Act (NEPA) [42 U.S.C. 4321
et seq.] establishes national environmental policy and goals for the
protection, maintenance, and enhancement of the environment and
provides a process for implementing these goals within Federal
agencies. NEPA also established the Council on Environmental Quality.
NOA. A notice of availability is a document notifying the public
and other government agencies that an EA or an EIS is available for
review.
NOI. A notice of intent, as defined at 40 CFR 1508.22, is a notice
that an EIS will be prepared and considered. This notice includes a
description of the proposed action and possible alternatives, a
description of the agency's proposed scoping process, and the name and
address of an agency representative who can answer questions about the
proposed action and the EIS.
Proponent. The organization that exercises primary management
responsibility for a proposed action or activity.
REC. Document stating that the proposed action (project) does not
require further NEPA documentation.
Appendix A: The NEPA Process
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Appendix B: Categorical Exclusions (CATEXS)
This Appendix includes categorical exclusions (CATEXs) and
extraordinary circumstances for DTRA/SCC-WMD activities.
Actions categorically excluded in the absence of extraordinary
circumstances are:
1. Normal personnel, fiscal or budgeting, and administrative
activities and decisions, including those involving military and
civilian personnel (for example, recruiting, processing, data
collection, conducting surveys, payroll, and record keeping).
2. Preparing, revising, or adopting regulations, instructions,
directives, or guidance documents, including those that implement
without substantial change to the
[[Page 61212]]
regulations, instructions, directives, or guidance documents from
higher headquarters or other Federal agencies.
3. Decreases, increases, relocation, and realignment of
personnel into existing Federally-owned or commercially-leased space
that does not involve a substantial change affecting the supporting
infrastructure or use of space (e.g., no increase in traffic beyond
the capacity of the supporting network to accommodate such an
increase).
4. Routine procurement of goods and services conducted in
accordance with applicable procurement regulations and green
purchasing requirements including office supplies, equipment, mobile
assets, and utility services for routine administration, operation,
and maintenance.
5. Administrative study efforts involving no commitment of
resources other than personnel and funding allocations. If any of
these study efforts result in proposals for further action, those
proposals must be considered separately by an appropriate CATEX or
NEPA analysis. Examples include, but are not limited to: Studies and
surveys conducted to further administrative, personnel-related,
architectural, engineering, safety, security, siting, and facility
audit activities.
6. Studies, monitoring, data and sample collection, and
information gathering that involve no permanent physical change to
the environment. If any of these activities result in proposals for
further action, those proposals must be considered by an appropriate
CATEX or NEPA analysis. Examples include, but are not limited to:
Surveys for threatened and endangered species, wildlife and wildlife
habitat, historic properties, and archeological sites; wetland
delineations; minimal water, air, waste; material and soil sampling
(e.g., grab samples). Environmental Baseline Surveys or
Environmental Condition of Property Surveys. Topographical surveying
and mapping that does not require cutting and/or removal of trees.
7. Sampling, borehole drilling, well drilling and installation,
analytical testing, site preparation, and minimally intrusive
physical testing. These activities could involve minor clearing,
grubbing, or movement of heavy equipment such as drill rigs. If any
of these actions result in proposals for further actions, those
proposals must be considered by an appropriate CATEX or NEPA
analysis. Examples include, but are not limited to: Sampling for
asbestos-containing materials, polychlorinated biphenyls, and lead-
based paint. Topographical surveys and surveys for unexploded
ordnance. Minimally-intrusive (no more than 25 square feet of
disturbed surface area) geological, geophysical surveys, geo-
technical activities, and seismic studies. Minimally-intrusive
sampling to determine if hazardous wastes, contaminants, pollutants,
or special hazards are present. Ground water monitoring wells,
subsurface soil sampling, and soil borings.
8. Immediate responses to the release or discharge of oil or
hazardous materials in accordance with an approved Spill Prevention,
Control and Countermeasure Plan or Spill Contingency Plan, or that
is otherwise consistent with the requirements of the EPA National
Contingency Plan.
9. Temporary use of transportable power generators or
operational support equipment when located in a previously disturbed
area and when operated in compliance with applicable regulatory
requirements.
10. Routine movement, handling, use, and distribution of
materials, including hazardous materials or wastes that are moved,
handled, or distributed in accordance with applicable regulations,
such as Resource Conservation and Recovery Act, National Oil and
Hazardous Substance Pollution Contingency Plan, Occupational Safety
and Health Act, and Hazardous Materials Transportation Act.
11. Routine movement of mobile test assets (such as instrument
trailers, cameras, portable antennas, etc.) for routine test and
evaluation, for repair, overhaul, or maintenance where no new
support facilities are required.
12. Activities and operations to be conducted in an existing
non-historic structure which are within the scope of and are
compatible with the present functional use of the building, will not
result in a substantial increase in waste discharged to the
environment, will not result in substantially different waste
discharges from current or previous activities, and emissions will
remain within established permit limits, if any.
13. Acquisition, installation, modification, routine repair and
replacement, and operation of utility (e.g., water, sewer, and
electrical) and communication systems, mobile antennas, data
processing cable, and similar electronic equipment that use existing
rights-of-way, easements, distribution systems, facilities, or
previously disturbed land.
14. Acquisition, installation, or minor relocation, operation
and maintenance or evaluation of physical security devices or
controls to protect human or animal life and to enhance the physical
security of existing critical assets in compliance with applicable
Federal, tribal, state, and local requirements to protect the
environment. Examples include, but are not limited to: Motion
detection systems. Lighting. Remote video surveillance systems.
Access controls. Physical barriers, fences, grating, on or adjacent
to existing facilities.
15. Installation and maintenance of archaeological, historical,
and endangered or threatened species avoidance markers, fencing, and
signs.
16. Road or trail construction and repair on existing rights-of-
ways or in previously disturbed areas which do not result in a
change in functional use. Runoff, erosion, and sedimentation
controlled through implementation of best management practices.
17. Routine repair and maintenance of buildings, grounds, and
other facilities and equipment which do not result in a change in
functional use or a significant impact on a historically significant
element or setting. Examples include, but are not limited to: Repair
of roofs, doors, windows, or fixtures, localized pest management,
and minor erosion control measures.
18. New construction or equipment installation or alterations
(interior and exterior) to or construction of an addition to an
existing structure that is similar to existing land use if the area
to be disturbed has no more than five cumulative acres of new
surface disturbance.
19. Demolition of non-historic buildings, structures, or other
improvements and repairs that result in disposal of debris there-
from, or removal of a part thereof for disposal, in accordance with
applicable regulations, including those regulations applying to
removal of asbestos containing materials, polychlorinated biphenyls,
lead-based paint, and other special hazard items.
20. Research, testing, and operations conducted at existing
facilities (including contractor-operated laboratories and plants)
and in compliance with all applicable safety, environmental, and
natural conservation laws (because of these controls, these types of
activities have little potential for significant environmental
impacts). Examples include, but are not limited to: Nuclear weapons
effects simulators, weapons performance measurement, wind tunnels,
high energy lasers, remote sensing instruments, vacuum chambers,
high altitude simulator facilities, and propellant testing
facilities.
21. Routine installation and use of radars, cameras,
communications equipment, and other essentially similar facilities
and equipment within a launch facility, mobile platform, military
installation, training area, or previously disturbed area that
conform to current American National Standards Institute/Institute
of Electrical and Electronics Engineers guidelines, Federal
Communications Commission Radio Frequency Exposure Limits 1.1310,
and Electric and Magnetic Fields Exposure Directive 99/519/EC for
maximum permissible exposure to electromagnetic fields.
22. Routine law and order activities performed by military
personnel, military police, or other security personnel, including
physical plant protection and security.
Extraordinary circumstances that preclude the use of a CATEX
are:
1. A reasonable likelihood of significant impact on public
health or safety.
2. A reasonable likelihood of significant environmental effects
(direct, indirect, and cumulative).
3. A reasonable likelihood of involving effects on the
environment that involve risks that are highly uncertain, unique, or
are scientifically controversial.
4. A reasonable likelihood of violating any Executive Order, or
Federal, state, or local law or requirements imposed for the
protection of the environment.
5. A reasonable likelihood of adversely affecting
``environmentally sensitive'' resources, unless the impact has been
resolved through another environmental process (e.g., Coastal Zone
Management Act, National Historic Preservation Act, Clean Water Act,
etc.) a CATEX cannot be used. Environmentally sensitive resources
include: a. Proposed federally listed, threatened, or endangered
species or their designated critical habitats. b. Properties listed
or
[[Page 61213]]
eligible for listing on the National Register of Historic Places. c.
Areas having special designation or recognition such as prime or
unique agricultural lands; coastal zones; designated wilderness or
wilderness study areas; wild and scenic rivers; National Historic
Landmarks (designated by the Secretary of the Interior);
floodplains; wetlands; sole source aquifers (potential sources of
drinking water); National Wildlife Refuges; National Parks; areas of
critical environmental concern; or other areas of high environmental
sensitivity. d. Cultural, scientific or historic resources.
6. A reasonable likelihood of dividing or disrupting an
established community or planned development, or is inconsistent
with existing community goals or plans.
7. A reasonable likelihood of causing an increase in surface
transportation congestion that will decrease the level of service
below acceptable levels.
8. A reasonable likelihood of adversely impacting air quality or
violating federal, state, local or tribal air quality standards
under the Clean Air Act Amendments of 1990.
9. A reasonable likelihood of adversely impacting water quality,
sole source aquifers, public water supply systems or state, local,
or tribal water quality standards established under the Clean Water
Act and the Safe Drinking Water Act.
10. A reasonable likelihood of effects on the quality of the
environment that are highly controversial on environmental grounds.
The term ``controversial'' means a substantial dispute exists as to
the size, nature, or effect of the proposed action rather than to
the existence of opposition to a proposed action, the effect of
which is relatively undisputed.
11. A reasonable likelihood of a disproportionately high and
adverse effect on low income or minority populations (see Executive
Order 12898).
12. Limit access to and ceremonial use of Indian sacred sites on
Federal lands by Indian religious practitioners or significantly
adversely affect the physical integrity of such sacred sites (see
Executive Order 13007).
13. Contribute to the introduction, continued existence, or
spread of noxious weeds or non-native invasive species known to
occur in the area or actions that may promote the introduction,
growth, or expansion of the range of such species (Federal Noxious
Weed Control Act and Executive Order 13112).
14. A greater scope or size than is normal for this category of
action.
15. A reasonable likelihood of degrading already existing poor
environmental conditions. Also, initiation of a degrading influence,
activity, or effect in areas not already significantly modified from
their natural condition.
16. A precedent (or makes decisions in principle) for future or
subsequent actions that have a reasonable likelihood of having a
future significant effect.
17. Introduction or employment of unproven technology.
18. A reasonable likelihood of (i) releases of petroleum, oils,
and lubricants (except from a properly functioning engine or
vehicle) or reportable releases of hazardous or toxic substances as
specified in 40 CFR part 302, Designation, Reportable Quantities,
and Notification); (ii) application of pesticides and herbicides;
(iii) or where the proposed action results in the requirement to
develop or amend a Spill Prevention, Control, or Countermeasures
Plan.
Appendix C: Record of Environmental Consideration (REC)
DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
RECORD OF ENVIRONMENTAL CONSIDERATION
DATE OF REQUEST:-------------------------------------------------------
PROJECT/PROGRAM MANAGER:-----------------------------------------------
PHONE NUMBER:----------------------------------------------------------
EMAIL:-----------------------------------------------------------------
ORGANIZATION ADDRESS:
-----------------------------------------------------------------------
-----------------------------------------------------------------------
-----------------------------------------------------------------------
PROJECT TITLE:---------------------------------------------------------
PROPOSED PROJECT START DATE:-------------------------------------------
END DATE:--------------------------------------------------------------
A. PURPOSE AND NEED FOR ACTION:
B. PROJECT SPECIFIC DETAILS (PROPOSED LOCATION, etc.):
C: LIST OF PREVIOUS NEPA DOCUMENTATION (EA/EIS) FOR THIS OR SIMILAR
ACTIVITY
PRINT NAME-------------------------------------------------------------
SIGNED-----------------------------------------------------------------
[Name of Project/Program Manager]
DATE-------------------------------------------------------------------
J4E ENVIRONMENTAL REVIEW ACTION NOT SUBJECT TO NEPA REQUIREMENTS-------
PROPOSED ACTION QUALIFIES FOR CATEGORICAL EXCLUSION (CATEX) #----------
PROPOSED ACTION DOES NOT INVOLVE EXTRAORDINARY CIRCUMSTANCES THAT MERIT
REVIEW IN AN EA OR EIS (IDENTIFY ANY ENVIRONMENTAL PROCESS THAT HAS
RESOLVED AN IMPACT ARISING FROM AN EXTRAORDINARY CIRCUMSTANCE)---------
PROPOSED ACTION IS COVERED UNDER EXISTING ENVIRONMENTAL DOCUMENTATION
(SPECIFY DOCUMENT AND SECTIONS)----------------------------------------
FURTHER ANALYSIS IS REQUIRED-------------------------------------------
REMARKS:---------------------------------------------------------------
PRINT NAME-------------------------------------------------------------
SIGNED-----------------------------------------------------------------
DATE-------------------------------------------------------------------
Director, Environment, Safety, and Occupational Health Department
DTRA/SCC-WMD
8725 John J. Kingman Rd.
Ft. Belvoir, VA 22060
Appendix D: Notice of Intent (NOI)
DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
[Name of Office; Location; Short Title or Subject of the Notice]
ACTION: Notice of intent to prepare an environmental impact
statement.
SUMMARY: [Briefly describe the nature and scope of the proposed
action. Do not put legal citations or background information in the
SUMMARY section; these belong in the SUPPLEMENTARY INFORMATION
section.]
DATES: Comments concerning the scope of the analysis must be
received by [insert date 30 days from date of publication in the
Federal Register].
The draft environmental impact statement is expected [insert
estimated month and year] and the final environmental impact
statement is expected [insert estimated month and year.]
ADDRESSES: Send written comments to [insert address]. Comments may
also be sent via email to [insert email address], or via facsimile
to [insert fax number]. [In this section, you also may put
additional addresses, locations of meetings, etc. Do not put more
than four addresses in this section. If there are more than four
pertinent addresses, create a heading for them under the
SUPPLEMENTARY INFORMATION section of the notice.]
It is important that reviewers provide their comments at such
times and in such a way that they are useful to the Agency's
preparation of the EIS. Therefore, comments should be provided prior
to the close of the comment period and should clearly articulate the
reviewer's concerns and contentions.
Comments received in response to this solicitation, including
names and addresses of those who comment, will be part of the public
record for this proposed action. Comments submitted anonymously will
be accepted and considered.
FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact
information you wish to use, such as telephone number and email
address].
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
[Describe why DTRA/SCC-WMD is proposing the action: Why here?
Why now?]
Proposed Action
[Describe the proposed action. Consider who, what, how, where,
and when.]
Possible Alternatives
[Include only if any have been identified (delete heading if not
used or request input on any alternatives considered reasonable--
including technically and economically feasible--that will meet the
purpose and need).]
Lead and Cooperating Agencies
[Include only if there are other agencies to list as joint lead
agencies and/or cooperating agencies (delete heading if not used).]
Responsible Official
[Provide the title and address of the official(s) responsible
for the proposed action. Use of the responsible official's name is
optional.]
Nature of Decision To Be Made
[Describe the framework or scope of the decision(s) to be made
by the responsible official(s).]
[[Page 61214]]
Preliminary Issues
[Include only if any have been identified (delete heading if not
used). To the extent practicable, resolve internal issues before
proposing the action.]
Permits or Licenses Required
[Include only if any have been identified (delete heading if not
used).]
Addresses
[Include only if all addresses could not be included in the
SUMMARY (delete heading if not used).]
Scoping Process
This notice of intent initiates the scoping process, which
guides the development of the environmental impact statement.
[Describe any other public comment opportunities, including whether,
when, and where any scoping meetings will be held. Describe any
additional information related to the scoping process and nature of
comments being sought.]
-----------------------------------------------------------------------
[Name]
-----------------------------------------------------------------------
Date
Chief, Governmental and Public Affairs Office
DTRA/SCC-WMD
Appendix E: Notice of Availability (NOA)
DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
AGENCY: [Office name], DTRA/SCC-WMD, Department of Defense
ACTION: Notice of Availability of the [Draft EA, Final EA and FONSI,
Draft EIS, Final EIS, or ROD]
SUMMARY: DTRA/SCC-WMD announces the availability of the [insert type
of NEPA document] for a proposed project in [insert location].
DATES: [As applicable, list dates of public scoping meetings,
deadlines for comments, etc.]
ADDRESSES: [As applicable, list addresses for public scoping
meetings, availability of the document, etc.] The [insert Draft EIS,
Final EIS, ROD as appropriate] is also available at [insert project
Web site.]
FOR FURTHER INFORMATION CONTACT: [insert name(s) and contact
information you wish to use, such as telephone number and email
address.]
SUPPLEMENTARY INFORMATION: Effective [Date], the DTRA/SCC-WMD
assumed environmental responsibilities for this project. DTRA/SCC-
WMD as the agency responsible for the National Environmental Policy
Act (NEPA) review has, in cooperation with [insert cooperating
agencies], prepared a [insert type of NEPA document] on a proposal
for [insert brief description of action] in [location]. [Provide
additional details regarding the proposed action, description of the
proposed alternatives, length of project, and any anticipated
federal approvals, such as permits].
Issued on: [Date signed]
-----------------------------------------------------------------------
[Name]
Chief, Governmental and Public Affairs Office
DTRA/SCC-WMD
Appendix F: Record of Decision (ROD)
RECORD OF DECISION
[Project Name]
DEFENSE THREAT REDUCTION AGENCY/UNITED STATES STRATEGIC COMMAND CENTER
FOR COMBATING WEAPONS OF MASS DESTRUCTION (DTRA/SCC-WMD)
[Project Location]
[County, State]
Decision
Based on my review of the Environmental Impact Statement (EIS),
I have decided to implement Alternative [X], which [insert
description of selected alternative. Include any permits, licenses,
grants, or authorizations needed to implement the decision. Also
include any mitigation and monitoring actions related to the
decision.]
Background
[Provide a brief description of the purpose and need for
action.]
Decision Rationale
[Describe the reasons for the decision. Specifically, discuss
the following:
How the selected action/alternative best meets the purpose and
need and why other alternatives were not selected.
How significant issues and environmental impacts were considered
and taken into account.
Any factors other than environmental effects considered in
making the decision.
Discuss how the above factors influenced the decision (are some
more important than others?)
State whether all practical means to avoid or minimize
environmental harm from the selected alternative have been adopted
and if not, why not.]
The [Project Name] EIS documents the analysis and conclusions
upon which this decision is based.
Public Involvement
A notice of intent to prepare an EIS was published in the
Federal Register on [date] ([Cite Federal Register volume and
beginning page number (i.e. 73 FR 43084]). People were invited to
review and comment on the proposal through [insert public notice
methods and dates such as mailings, news releases, phone calls,
etc.]. The EIS lists agencies, organizations, and people who
received copies on page [X].
The following issues were identified from scoping comments and
were used to determine the scope of the analysis. [Briefly describe
the significant issues used in the analysis]. A full description of
issues significant to the proposed action appears in the EIS on page
[X].
A draft EIS was published for review and comment on [date of
publication of EPA's notice of availability in the Federal
Register].
Alternatives Considered
In addition to the selected alternative, I considered [X] other
alternatives, which are discussed below. A more detailed comparison
of these alternatives can be found in the EIS on pages [X-X].
Alternative 1--[insert a brief description of the alternative;
identify which is considered to be environmentally-preferable.]
Alternative 2--[insert a brief description of the alternative]
[Repeat for each alternative.]
Mitigation
[State (a) which mitigation measures have been adopted; (b)
whether all practicable means to avoid or minimize have been
adopted, and if not why they were not; and (c) whether monitoring
and enforcement programs are adopted, and if so summarize them.]
Implementation Date
[Describe the expected date(s) of implementation].
Contact
For additional information concerning this decision, contact:
[contact name, title, office, mailing address, phone number, and
email]
Concurrence:
-----------------------------------------------------------------------
[Name]
Project/Program Manager
-----------------------------------------------------------------------
Date
-----------------------------------------------------------------------
Director, J4E
-----------------------------------------------------------------------
Date
Approval:
-----------------------------------------------------------------------
Director, DTRA/SCC-WMD
-----------------------------------------------------------------------
Date
[FR Doc. 2016-21294 Filed 9-2-16; 8:45 am]
BILLING CODE 5001-06-P