Federal Register: Council on Environmental Quality - Statements on Proposed Federal Actions Affecting the Environment - Guidelines [Excerpt]

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NOTICES 7725 should prepare an environmental state­ment if it is reasonable to anticipate a cumulatively significant impact on the, environment from Federal action. "Lead agency" refers to the Federal agency Which has primary authority for com­muting the Federal Government to a course of action with significant envi­ronmental impact. As necessary, the Council on Environmental Quality will assist in resolving questions of lead agency determination. (c) Section 10Kb) of the Act indicates the broad range of aspects of the en­vironment to be surveyed in any assess­ment of significant eifect. The Act also indicates that adverse significant effects include those that degrade the quality. of the environment, curtaii the range of beneficial uses of the environment, and serve short-term, to the disadvantage of long-term, environmental goals. Signifi­cant effects can also include actions which may have both beneficial and detrimental effects, even if, on balance, the agency believes that the effect will be beneficial. Significant adverse effects on the quality of the human environ­ment include both those that directly affect human beings and those that in­directly affect human beings through adverse effects on the environment. (d) Because of the Act's legislative history, environmental protective regu­latory activities concurred in or taken by the Environmental Protection Agency arc not deemed actions which require the preparation of environmental state­ments under section 102(2) (C) of the Act. 6. Content of environmental state­ment, (a) The following points are to be covered: (I) A description of the proposed action including information and tech­nical data adequate to permit a careful assessment of environmental impact by commenting agencies. Where relevant, maps should be provided. (ii) The probable impact of the pro­posed action on the environment, includ­ing impact on ecological systems such as wildlife, fish, and marine life. Both pri­mary and secondaiy significant conse­quences for the environment should be included in the analysis. For example, the implications, if any, of the action for population distribution or concentra­tion should be estimated and an assess­ment made of the effect of any possible change in population patterns upon the resource base, including land use, water, .and public services, of the area in question. (iii) Any probable adverse environ­mental effects which cannot be avoided' (such as water or air pollution, undesir­able land use patterns, damage to life systems, urban congestion, threats to health or other consequences adverse to the environmental goals set out in section 101(b) of the Act). (iv) Alternatives to the proposed action (section 102(2) (D) of the Act requires the responsible agency to "study, develop, and describe appropri­ate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alterna­tive uses of available resources"). A rig­orous exploration and objective evalua­tion of alternative actions that might avoid some or all of the adverse environ­mental effects is essential. Sufllcicnt analysis of such alternatives and their costs and Impact on the environment should accompany the proposed action through the arcency review process in order not to foreclose prematurely op­tions which might have less detrimental effects. (v> The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity. This in es­sence requires the agency to assess the action for cumulative and long-term effects from the perspective that each generation Is trustee of the environment for succeeding generations. (vi) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should It be implemented. This requires the agency to identify the extent to which the action curtails the range of benefi­cial uses of the environment. (vii) Where appropriate, a discussion of problems and objections raised by other Federal. State, and local agencies and by private organizations and indi­viduals in the review process and the disposition of the issues involved. (This section may be added at the end of the review process in the final text of the environmental statement.) (b) With respect to water quality as­pects of the proposed action which have been previously certified by the appro­priate State or interstate organization as-being in substantial compliance with ap­plicable water quality standards, the comment of the Environmental Protec­tion Agency should also be requested. (c) Each environmental statement should be prepared in accordance with the precept in section 102(2) (A) of the • Act that all agencies of the Federal Gov­ernment "utilize a systematic, interdis­ciplinary approach which will insure the* integrated use of the natural and social sciences and the environmental design arts In planning and decisionmaking which may have an impact on man's environment." (d) Where an agency follows a prac­tice of declining to favor an alternative until public hearings have been held on a proposed action, a draft environmental statement may be prepared and circu­lated indicating that two or more alter­natives are under consideration. (c) Appendix 1 prescribes the form of the summary sheet which should accom­pany each draft and final environmental statement. 7. Federal agencies to be consulted in connection with preparation of environ­mental statement. A Federal agency considering an action requiring an en­vironmental statement, on the basis of (i) a draft environmental str.tcmcnt for which it takes responsibility or (ID com­parable information followed by a hear­ing subject to the provisions of the Administrative Procedure Act, should consult with, and obtain the comment on the environmental impact of the action of, Federal anencics with Jurisdiction by law or special expertise with respect to any environmental Impact Involved. These Federal agencies Include com­ponents of (depending on the aspect or aspects of the environment): Advisory Council on Historic Preservation. Deportment of Ar^rtculturo. Department oC Commrrco. Department of Defense. Department of Health, Education, and Wel­fare. Department of Housing and Urban Develop­ment. Department of the Interior. Department of State. Department of Transportation. Atomic Knertry Commission. Federal Power Commls-slon. Environmental Protection Agency. Ofllce of Economic Opportunity. For actions specifically affecting the en­vironment of their geographic jurisdic­tions, the following Federal and Federal- State agencies are also to be consulted: Tennessee VnP.cy Authority. Appalachian Regional Commission. National Capital Planning Commission. Delaware. River Basin Commission. Susquehanna River Bnsln Commission. Agencies seeking comment should de­termine which one or more of the above listed agencies are appropriate to consult on the basis of the areas of expertise identified in Appendix 2 to these guide­lines. It is recommended (i) that the above listed departments and agencies establish contact points, which often are most appropriately regional olGces, for providing comments on the environ­mental statements and (li) that depart­ments from which comment is solicited coordinate and consolidate the comments of 'their component entities. The re­quirement in section 102(2) (C) to ob­tain comment from Federal agencies hav­ing jurisdiction or special expertise is in addition to any specific statutory obliga­tion of any Federal agency to coordinate or consult with any other Federal or State agency. Agencies seeking comment may establish time limits of not less than thirty (30) days for reply, after which it may be presumed, unless the agency consulted requests a specified ex­tension of time, that the apency con­sulted has no comment to make. Agen­cies seeking comment should endeavor to comply with requests for extensions of time of \ip to fifteen (15) days. 8. Interim EPA procedures jor imple­mentation of section 309 of the Clean Air Act, as amended, (a) Section 309 of the Clean Air Act, as amended, provides: Src. 303. (a) The- Administrator shall re­view nnd comment In writing on the environ­mental Impact of any matter relating to . dutle.'t nnd responsibilities cranfxl pursuant to this Act or otjier provisions of the author- • Ity of the Administrator, contnlned in any (1) legislation proposed by any Federal de­partment or agency, (3) ne-sly authorised Federal projects for construction and any major Federal agency action (other than a project for construction) to which section )02(2) (C) of Public Law 91-100 applies, and (3). proposed regulations published by any FEDERAL REGISTER, VOL 36, NO. 7*-fRIDAY, APRIL 2J, 1971 A-3