| OCR Text |
Show /72fi NOTJCES department or agency of tho Federal Government. Such written comment shall be nuvio public at the conclusion of any such review. (b) In tho event the Administrator determines tnat any such legislation, action, or regulation Is unsatisfactory from the standpoint of public health or welfare or cuvlron-mcntnl quality, he r.hall publish his determination and the matter shall bo referred to the Council on Knvironmental Quality. (h) Accordingly, wherever an agency action related to air or water quality, noise abatement and control, pesticide regulation, solid waste disposal, radiation criteria and standards, or other provisions of the authority of the Administrator if the Environmental Protection Agency is involved, including his enforcement authority, Federal agencies are icquired to submit for review and comment by the Administrator in writing: (i) proposals for new Federal construction projects and other major Federal agency actions to which section 102(2) (C) of the National Environmental Policy Act applies and (ii) proposed legislation and. regulations, whether or not section 102(2) fC) of the National Environmental Policy Act applies. (Actions requiring review by the Administrator do not include litigation or enforcement proceedings.) The. Administrator's comments shall constitute his comments for the purposes of both section 309 of the Clean Air Act and section 102(2) (C) of the National Environmental Policy Act. A period of 45 days shall be allowed for Eiich review. The Administrator's written comment shall be furnished to the responsible Federal department or agency, to the Council on Environmental Quality and summarized in a notice published in the FEDERAJ. REGISTER. The public may obtain copies of such comment on request from the Environmental Protection Agency. 9. State and local review. Where no public hearing has been held on the pro-' posed action at which the appropriate Slate and local review has been invited, and where review of the environmental impact of the proposed action by State and local agencies authorized to develop and enforce environmental standards is relevant, such State and local review shall be provided as follows: (a) For direct Federal development projects and projects assisted under programs listed in Attachment D of the Office of Management and Budget Circular Ko. A-95, review of draft environmental 'statements by State and local governments will be through procedures set forth under Part 1 of Circular No. A-95. (b) Where these procedures arc not appropriate and where a proposed action lUfccts matters within their jurisdiction, review of the draft environmental statement on a proposed action by State and local agencies authorized to develop and .enforco environmental standards and their comments on the environmental impact of the proposed action may be obtained directly or by distributing the draft environmental statement to the appropriate State, regional and metropolitan clearinghouses unless tho Governor of tho Stato Involved has designated some other point for obtaining this review. 10. Use of statements in aqency review processes: distribution to Council on Environmental Quality; availability to public, (a) Agencies will need to identify at what stage or stages of a series of actions relating to a particular matter the environmental statement procedures of this directive will be applied. It will often be necessary to use the procedures both in the development of a national program and in the review of proposed projects within the national program. However, where a (grant-in-aid program does not entail prior approval by Federal agencies of specific projects the view of Federal. State, and local agencies in the legislative process may have to suffice. The principle to be applied is to obtain views of other agencies at the earliest feasible time in the development of program and project proposals. Care should be exercised so as not to duplicate the clearance process, but when actions being considered differ significantly from those that have already been reviewed pursuant to section 102(2) (C) of the Act an environmental statement should be provided. (b) Ten (10) copies of draft environmental statements (when prepared), ten (10) copies of all comments made thereon (to be forwarded to the Council by the entity making comment at the time comment is forwarded to the responsible agency), and ten (10) copies of the final text of environmental statements (together with all comments received thereon by the responsible agency from Federal, State, and local agencies and from private organizations and individuals) shall be supplied to the Council on Environmental Quality in the Executive Office of the President (this will serve.as making environmental statements available to the President). It is important that draft environmental statements be prepared nnd circulated for comment and furnished to the Council early enough in the acency review process before an action is taken In ordnr to permit meaningful consideration of the environmental issues involved. To the maximum extent practicable no administrative action (i.e., any proposed action to be taken by the agency other than agency proposals for legislation to Congress or agency reports on legislation) subject to section 102(2) (C) is to be taken sooner than ninety (90) days after a draft environmental statement has been circulated for comment, furnished to the Council and, except Where advance public disclosure will result in significantly increased costs of procurement to the Government, made available to the public pursuant to these guidelines; neither should such administrative action be taken sooner than thirty (30) days after the final text of an environmental statement (together with comments) has been made available to the Council and the public. If the final text of nn environmental statement is filed within ninety (90) days after a draft statement has been circulated for comment, furnished to the Council and made public pursuant to this section of these guidelines, the thirty (30* day period and ninety (90) day period may run concurrently to. the extent that they overlap. (c) With respect to recommendations or reports on proposals for legislation to which section 102(2) (C) applies, the final text of the environmental statement and comments thereon should be available to the Congress and to the public in support of the proposed legislation or report. In cases where the scheduling of congressional hearings on recommendations or reports on proposals for legislation Which the Federal agency has forwarded to the Congress does not allow adequate time for the completion of a final text of an environmental statement (together with comments', a draft environmental statement may be furnished to the Congress and made available to the public pending transmittal of the comments as received and the final text. (d) Where emergency circumstances make It necessary to take an action with significant environmental Impact without observing the provisions of these guidelines concerning minimum periods for agency review and advance availability of environmental statements, the Federal agency proposing to take the action should consult with the Council on Environmental Quality about alternative arrangements. Similarly, where there are overriding considerations of expense to the Government or impaired program effectiveness, the responsible agency should consult the Council concerning appropriate modifications of the minimum periods. (e) In accord with the policy of the National Environmental Policy Act and Executive Order 11514 agencies have a responsibility to develop procedures to insure the fullest practicable provision of timely public information and under- • standing of Federal plans and programs • with environmental impact in order to obtain the views of interested parties. These procedures shall include, whenever appropriate, provision for public hearings, and shall provide the public with relevant information, including information on alternative courses of action. Agencies which hold hearings on proposed administrative actions or legislation should make the draft environmental statement available to the public at least fifteen (15) days prior to the time of the relevant hearings except where the agency prepares the draft statement on the basis of a hearing subject to the Administrative Procedure Act and preceded by adequate public notice and information to identify the issues and obtain the comments provided for in sections G-9 of these guidelines. (f) The agency which prepared the environmental statement is responsible for making the statement and the comments received available to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C., sec. 552), without regard to the exclusion of interagency memoranda, when such FEDERAL REGISTER, VOL. 36, NO. 79-fRIDAY, APRIL 23, \97\ A-U |
