[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8574]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 989
RIN 0701-AA36
Environmental Impact Analysis Process (EIAP)
AGENCY: Department of the Air Force, DoD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Air Force is proposing to revise its
regulations to update the Air Force process for National Environmental
Policy Act compliance. This revision provides policy and guidance for
consideration of environmental matters in the Air Force decision-making
process. The United States Air Force is proposing a revision to the
implementing procedures that apply to the Air Force decision-making
process. It implements the Council on Environmental Quality
Regulations. The public is invited to participate in this rulemaking by
submitting comments to the point of contact listed below.
DATES: Comments must be received no later than June 10, 1994.
ADDRESSES: Comments should be submitted to: HQ USAF/CEVP, 1260 Air
Force Pentagon, Washington, DC 20330-1260.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth L. Reinertson or Jack Bush
on (703) 695-8942.
SUPPLEMENTARY INFORMATION: The Department of the Air Force has
determined that this proposed rule is not a major rule because it will
not have an annual effect on the economy of $100 million or more. The
Secretary of the Air Force has certified that this rule is exempt from
the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612,
because this rule does not have a significant economic impact on small
entities as defined by the Act, and does not impose any obligatory
information requirements beyond internal Air Force use. This proposed
rule revises Air Force Regulation (AFR) 19-2, Environmental Impact
Analysis Process (EIAP), 10 August 1982.
List of Subjects in 32 CFR Part 989
Environmental Protection, Environmental Impact Statements.
Therefore, 32 CFR Part 989 is proposed to be revised to read as
follows:
SUBCHAPTER T--ENVIRONMENTAL PROTECTION
PART 989--ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)
Sec.
989.1 Purpose.
989.2 Concept.
989.3 Responsibilities.
989.4 Initial considerations.
989.5 Organizational relationships.
989.6 Budgeting and funding.
989.7 Requests from non-Air Force agencies or entities
989.8 Analysis of alternatives.
989.9 Lead and cooperating agency.
989.10 Tiering.
989.11 Combining EIAP with other documentation.
989.12 Air Force Form 813, Request for Environmental Impact
Analysis.
989.13 Categorical exclusion (CATEX).
989.14 Environmental assessment (EA).
989.15 Finding of no significant impact (FONSI).
989.16 Environmental impact statement (EIS).
989.17 Notice of intent (NOI).
989.18 Scoping.
989.19 Draft EIS.
989.20 Final EIS.
989.21 Record of decision (ROD).
989.22 Mitigation.
989.23 Public notification.
989.24 Base closure and realignment.
989.25 Classified actions.
989.26 Occupational safety and health.
989.27 Airspace proposals.
989.28 Air quality.
989.29 Pollution prevention.
989.30 Special emergency procedures.
989.31 Reporting requirements.
989.32 Definitions.
989.33 Categorical exclusions.
989.34 Environmental considerations--global commons.
989.35 Environmental considerations--foreign nations and protected
global resources.
989.36 Procedures for holding public hearings.
Authority: 10 U.S.C. 8013.
Sec. 989.1 Purpose.
The procedures in this part are essential to achieve and maintain
compliance with the National Environmental Policy Act of 1969 (NEPA)
(Pub. L. 91-190, 42 U.S.C. 4321-4347) and the Council on Environmental
Quality (CEQ) Regulations for Implementing the Procedural Provisions of
the NEPA (40 CFR parts 1500 through 1508, referred to as the ``CEQ
Regulations''). Further requirements are contained in 32 CFR part 188
(Department of Defense Directive (DoDD) 6050.1), Environmental Effects
in the United States of DoD Actions, and DoD Instruction (DoDI) 5000.2,
Defense Acquisition Management Policies and Procedures.1 To comply
with NEPA and complete the Environmental Impact Analysis Process
(EIAP), the CEQ regulations and this part must be used together. Air
Force activities in foreign countries will comply with this part and
Executive Order 12114, Environmental Effects Abroad of Major Federal
Actions, and 32 CFR part 187 (DoDD 6050.7), Environmental Effects
Abroad of Major DoD Actions.
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\1\Copies of the publication are available, at cost, from the
National Technical Information Service, U.S. Department of Commerce,
5285 Port Royal Road, Springfield, VA 22161.
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Sec. 989.2 Concept.
(a) This part provides a framework on how to comply with NEPA
according to Air Force Policy Directive (AFPD) 32-70, Environmental
Quality.2
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\2\See footnote 1 to Sec. 989.1.
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(b) Major Commands (MAJCOMs) provide additional implementing
guidance in their supplemental publications to this part. MAJCOM
supplements must identify the specific offices that have implementation
responsibility and include any guidance needed to comply with this
part. All references to MAJCOMs in this part include the Air National
Guard Readiness Center (ANGRC) and other agencies designated as
``MAJCOM equivalent'' by HQ USAF.
Sec. 989.3 Responsibilities.
(a) Office of the Secretary of the Air Force.
(1) The Assistant Secretary of the Air Force for Manpower, Reserve
Affairs, Installations and Environment (SAF/MI):
(i) Promulgates and oversees policy to ensure integration of
environmental considerations.
(ii) Determines the level of environmental analysis required for
especially important, visible, or controversial Air Force proposals and
approves selected Environmental Assessments (EAs) and Findings of No
Significant Impact (FONSIs).
(iii) Is the liaison on environmental matters with Federal agencies
and national-level public interest organizations.
(iv) Is the approval authority for all Environmental Impact
Statements (EISs) prepared for Air Force actions, whether classified or
unclassified.
(2) The General Counsel (SAF/GC):
(i) Provides final legal advice to SAF/MI, HQ USAF, and HQ USAF
Environmental Protection Committee (EPC) on NEPA questions.
(3) Office of Legislative Liaison (SAF/LL):
(i) Distributes draft and final EISs to congressional delegations.
(ii) Reviews and provides the Office of the Secretary of Defense
(OSD) with analyses of the Air Force position on proposed and enrolled
legislation and executive department testimony dealing with EIAP
issues.
(4) Office of Public Affairs (SAF/PA):
(i) Reviews environmental documents requiring Office of the
Secretary of the Air Force approval prior to public release.
(ii) Assists the environmental planning function and the Air Force
Legal Services Agency, Trial Judiciary Division (AFLSA/JAJT) in
planning and conducting public scoping meetings and hearings.
(iii) Ensures that public affairs aspects of all EIAP actions are
conducted in accordance with AFI 35-202, Environmental Community
Involvement3.
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\3\See footnote 1 to Sec. 989.1.
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(iv) The National Guard Bureau, Office of Public Affairs (NGB/PA)
will assume the responsibilities of SAF/PA for the EIAP involving the
National Guard Bureau, Air Directorate.
(b) Headquarters United States Air Force (HQ USAF). The Civil
Engineer (HQ USAF/CE) formulates and oversees execution of EIAP policy.
The National Guard Bureau Air Directorate (NGB/CF) oversees the EIAP
for Air National Guard actions.
(c) MAJCOMs, Air Force Reserve (AFRES), ANG, and Field Operating
Agencies (FOAs). These organizations establish procedures that comply
with this part wherever they are the host unit for preparing and using
required environmental documentation in making decisions about proposed
actions and programs within their commands.
(1) Air Force Center for Environmental Excellence (AFCEE). The
AFCEE Environmental Conservation and Planning Directorate (AFCEE/EC)
provides technical assistance to major commands and the Base Conversion
Agency.
(2) Air Force Regional Compliance Offices (RCOs). RCOs review other
agency environmental documents that may have an impact on the Air
Force. Requests for review of such documents should be directed to the
proper RCO (Atlanta, Dallas, or San Francisco) along with any relevant
comments. The RCO:
(i) Notifies the proponent, after receipt, that the RCO is the
single point of contact for the Air Force review of the document.
(ii) Requests comments from potentially affected installations,
MAJCOMs, the ANG, and HQ USAF, as required.
(iii) Consolidates comments into the Air Force official response
and submits the final response to the proponent.
(iv) Provides to HQ USAF, the appropriate MAJCOMs and installations
a copy of the final response and a complete set of all review comments.
(3) Headquarters Air Force Materiel Command (HQ AFMC). HQ AFMC is
responsible for applying EIAP to all proposed Air Force weapons systems
and modifications to existing systems. These documents may be used as a
basis for tiering documents in subsequent system beddown environmental
analyses (see Sec. 989.10). HQ AFMC ensures that:
(i) Environmental documents for acquisition of systems required for
Defense Acquisition Board (DAB) decisions are completed prior to DAB
milestone decisions.
(ii) Detailed guidance on the EIAP for acquisition programs,
contained in DoDI 5000.2, part 6, Section I; DoD Manual 5000.2-M, part
4, Section F (Integrated Program Summary)4; Air Force supplements,
is complied with or is followed. Analysis requirements in this part
apply where the Air Force is the sole acquisition agent or the lead
service for joint programs.
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\4\See footnote 1 to Sec. 989.1.
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(iii) EIAP studies involving real property, facilities, personnel,
and training to support acquisition programs are coordinated through
the HQ AFMC environmental planning function.
(d) Environmental Planning Function (EPF). The EPF is the
interdisciplinary staff, at any level of command, responsible for the
EIAP. The EPF:
(1) Assists the proponent in preparing a DOPAA and actively
supports the proponent during all phases of the EIAP.
(2) Evaluates proposed actions and completes Sections II and III of
AF Form 813, Request for Environmental Impact Analysis, subsequent to
submission by the proponent and determines whether a Categorical
Exclusion (CATEX) applies. The EPF responsible official signs the AF
Form 813 certification.
(3) Identifies and documents, with technical advice from the
bioenvironmental engineer and other staff members, environmental
quality standards that relate to the action under evaluation.
(4) Prepares environmental documents, or obtains technical
assistance through Air Force channels or contract support and adopts
the documents as official Air Force papers when completed and approved.
(5) Ensures the EIAP is conducted on base-and MAJCOM-level plans,
including contingency plans for the training, movement, and operations
of Air Force personnel and equipment.
(6) Prepares the Notice of Intent (NOI) to prepare an EIS with
assistance from the proponent and the Public Affairs Office.
(7) Prepares applicable portions of the Certificate of Compliance
for each military construction project according to AFI 32-10215.
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\5\See footnote 1 to Sec. 989.1.
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(e) Proponent. Each office, unit, or activity at any level that
initiates Air Force actions is responsible for:
(1) Notifying the EPF of a pending action and completing Section I
of the AF Form 813, including a Description of Proposed Action and
Alternatives (DOPAA), for submittal to the EPF.
(2) Identifying key decision points and coordinating with the EPF
on EIAP phasing to ensure that environmental documents are available to
the decision-maker before the final decision is made and ensuring that
activities associated with the proposal are not implemented until the
EIAP is complete.
(3) Integrating the EIAP into the planning stages of a proposed
program or action and, with the EPF, determining as early as possible
whether to prepare an EIS.
(4) Presenting the DOPAA to the EPC for review and comment.
(5) Coordinating with the EPF prior to organizing public or
interagency meetings which deal with EIAP elements of a proposed action
and involving persons or agencies outside the Air Force.
(6) Subsequent to the decision to prepare an EIS, assisting the EPF
and Public Affairs Office in preparing a draft NOI to prepare an EIS.
All NOIs must be forwarded to HQ USAF/CEV for review and publication in
the Federal Register.
(f) Environmental Protection Committee (EPC). The EPC helps
commanders assess, review and approve EIAP documents.
(g) Staff Judge Advocate (SJA). The Staff Judge Advocate:
(1) Advises the command-level proponent EPF and EPC on CATEX
determinations and the legal sufficiency of environmental documents.
(2) Advises the EPF during the scoping process of issues that
should be addressed in EISs and on procedures for the conduct of public
hearings.
(3) Coordinates the appointment of the independent hearing officer
with AFLSA/JAJT (or NGB/JA) and provides support for the hearing
officer in cases of public hearings on the draft EIS.
The proponent pays administrative and TDY costs. The hearing
officer presides at hearings and makes final decisions regarding
hearing procedures, with concurrence from AF/CEV (or ANGRC/CEV).
(4) Promptly refers all matters causing or likely to cause
substantial public controversy or litigation through channels to AFLSA/
JACE (or NGB/JA).
(h) Public Affairs Officer. This officer:
(1) Advises the EPF, the EPC, and the proponent on public affairs
implications of proposed actions and reviews environmental documents
for public affairs issues.
(2) Advises the EPF during the scoping process of issues that
should be addressed in the EIS.
(3) Prepares, coordinates, and distributes news releases related to
the proposal and associated EIAP documents.
(4) Notifies the media (television, radio, newspaper) and purchases
advertisements when newspapers will not run notices free of charge.
(5) For more comprehensive instructions about public affairs
activities in environmental matters, see AFI 35-2026.
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\6\See footnote 1 to Sec. 989.1.
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(i) Medical Service. The Medical Service, represented by the
bioenvironmental engineer, provides technical assistance to EPFs in the
areas of environmental health standards, environmental effects, and
environmental monitoring capabilities. The Air Force Armstrong
Laboratory, Occupational and Environmental Health Directorate, provides
additional technical support.
(j) Safety Office. The Safety Office provides technical assistance
to EPFs to ensure consideration of safety standards and requirements.
Sec. 989.4 Initial considerations.
Air Force personnel will:
(a) Consider and document environmental effects of proposed Air
Force actions through Environmental Assessments (EAs), Environmental
Impact Statements (EISs), Findings of No Significant Impact (FONSIs),
and Records of Decision. The Air Force also considers the AF Form 813,
the EIS Record of Decision (ROD), and documents prepared according to
Executive Order (E.O.) 12114 to be environmental documents.
(b) Evaluate proposed actions for possible categorical exclusion
(CATEX) from environmental impact analysis (Sec. 989.33). CATEXs may
apply to actions in the United States, its territories and possessions,
and abroad.
(c) Make environmental documents, comments, and responses,
including those of other federal, state, and local agencies and the
public, part of the record available for review and use at all levels
of decision-making.
(d) Ensure that alternatives considered by the decision-maker are
both reasonable and within the range of alternatives analyzed in the
environmental documents.
(e) Review the specific alternatives analyzed in the EIAP when
evaluating the proposal prior to decision-making.
(f) Pursue the objective of furthering foreign policy and national
security interests while at the same time considering important
environmental factors.
(g) Consider the environmental effects of actions that affect the
global commons.
(h) Carry out actions that affect the environment of a foreign
nation in a way that allows consideration of the environment, existing
international agreements, and the sovereignty of other nations
(Sec. 989.35).
(i) Determine whether any foreign government should be informed of
the availability of environmental documents. Formal arrangements with
foreign governments concerning environmental matters and communications
with foreign governments concerning environmental agreements will be
coordinated with the Department of State by SAF/MIQ through the
Assistant Secretary of Defense. This coordination requirement does not
apply to informal working-level communications and arrangements.
Sec. 989.5 Organizational relationships.
The host EPF manages the EIAP using an interdisciplinary team
approach. This is especially important for tenant-proposed actions,
because the host command is responsible for the EIAP for actions
related to the host command's installations.
(a) The host command prepares environmental documents internally or
directs the host base to prepare the environmental documents.
Environmental document preparation may be by contract (requiring the
tenant to fund the EIAP), or by the tenant unit. Regardless of the
preparation method, the host command will ensure the required
environmental analysis is accomplished. The host EPC must approve the
EIAP documents before a decision is made on the proposal and an action
is undertaken.
(b) For aircraft beddown and unit realignment actions, program
elements are identified in the Program Objective Memorandum. Subsequent
Program Change Requests must include AF Form 813. When a program for a
given year has sufficient support, HQ USAF/XOO notifies the host
command or NGB/XO to initiate the EIAP. For classified actions, MAJCOMs
and ANG begin reporting monthly EIAP status to HQ USAF/XO (copy to SAF/
MIQ and HQ USAF/CEV) while the proposal is still classified, and upon
declassification, to HQ USAF/CEV. MAJCOMs and ANG continue reporting
until the EIAP is complete for all projects.
(c) To ensure timely initiation of the EIAP, SAF/AQ forwards
information copies of all Mission Need Statements (MNSs) and System
Operational Requirements Documents (SORDs) to SAF/MIQ, HQ USAF/CEV (or
ANGRC/CEV), the Air Force Medical Operations Agency, Aerospace Medicine
Office (AFMOA/SG), and the affected MAJCOM EPFs.
(d) The MAJCOM of the scheduling unit managing affected airspace is
responsible for preparing and approving environmental analyses. The
scheduling unit's higher headquarters may choose whether to prepare the
environmental document, but is ultimately responsible for EIAP document
accomplishment and approval.
Sec. 989.6 Budgeting and funding.
Contract EIAP efforts are proponent MAJCOM responsibilities. For HQ
AFMC, the system program office or project office budgets and funds
EIAP efforts relating to research, development, testing, and evaluation
activities. Each year, the EPF budgets for the anticipated EIAP
workload based on reports of command proponents. If proponent offices
exceed the budget in a given year or identify unforeseen requirements,
the proponent offices must provide the remaining funding.
Sec. 989.7 Requests from non-Air Force agencies or entities.
Non-Air Force agencies or entities may request the Air Force to
undertake an action, such as issuing a permit or outleasing Air Force
property, that may ultimately benefit the requester or an agency other
than the Air Force. The EPF and other Air Force staff elements must
identify such requests and coordinate with the proponent of the non-Air
Force proposal, as well as with concerned state, local, and tribal
authorities.
(a) Air Force decisions on such proposals must take into
consideration the potential environmental impacts of the applicant's
proposed activity (as described in an Air Force environmental
document), insofar as the proposed action involves Air Force property
or programs, or requires Air Force approval.
(b) The Air Force may require the requester to prepare, at the
requester's expense, an analysis of environmental impacts (40 CFR
1506.5), or the requester may be required to pay for an EA or EIS to be
prepared by a contractor selected and supervised by the Air Force. The
EPF may permit requesters to submit draft EAs for their proposed
actions, except for actions described in Sec. 989.16(a) and (b), or for
actions the EPF has reason to believe will ultimately require an EIS.
In the latter case, the EPF has the responsibility to prepare the
environmental document. The fact that the requester has prepared
environmental documents at its own expense does not commit the Air
Force to allow or undertake the proposed action or its alternatives.
The requester is not entitled to any preference over other potential
parties with whom the Air Force might contract or make similar
arrangements.
(c) In no event is the requester who prepares or funds an
environmental analysis entitled to reimbursement from the Air Force.
When requesters prepare environmental documents outside the Air Force,
the Air Force must independently evaluate and approve the scope and
content of the environmental analyses before using the analyses to
fulfill EIAP requirements. Any outside environmental analysis must
evaluate reasonable alternatives as defined in Sec. 989.8.
Sec. 989.8 Analysis of alternatives.
The Air Force must analyze reasonable alternatives to the proposed
action and the ``no action'' alternative in all EAs and EISs, as fully
as the proposed action alternative.
(a) ``Reasonable'' alternatives are those that meet the underlying
purpose and need for the proposed action and that would cause a
reasonable person to inquire further before choosing a particular
course of action. Reasonable alternatives are not limited to those
directly within the power of the Air Force to implement.
They may involve another government agency or military service to
assist in the project or even to become the lead agency. The Air Force
must also consider reasonable alternatives raised during the scoping
process (see Sec. 989.18) or suggested by others, as well as
combinations of alternatives. The Air Force need not analyze highly
speculative alternatives, such as those requiring a major, unlikely
change in law or governmental policy. If the Air Force identifies a
large number of reasonable alternatives, it may limit alternatives
selected for detailed environmental analysis to a reasonable range or
to a reasonable number of examples covering the full spectrum of
alternatives.
(b) The Air Force may expressly eliminate alternatives from
detailed analysis, based on reasonable selection standards (for
example, operational, technical, or environmental standards suitable to
a particular project). Proponents may develop written selection
standards to firmly establish what is a ``reasonable'' alternative for
a particular project, but they must not so narrowly define these
standards that they unnecessarily limit consideration to the proposal
initially favored by proponents. This discussion of reasonable
alternatives applies equally to EAs and EISs.
(c) Except where excused by law, the Air Force must always consider
and assess the environmental impacts of the ``no action'' alternative.
``No action'' may mean either that current management practice will not
change or that the proposed action will not take place. If no action
would result in other predictable actions, those actions should be
discussed within the no action alternative section. The discussion of
the no action alternative and the other alternatives should be
comparable in detail to that of the proposed action.
Sec. 989.9 Lead and cooperating agency.
When the Air Force is a cooperating agency in the preparation of an
EIS, the Air Force reviews and approves principal environmental
documents within the EIAP as if they were prepared by the Air Force.
The Air Force executes a Record of Decision for its program decisions
that are based on an EIS for which the Air Force is a cooperating
agency. SAF/MIQ is the Air Force authority that approves all EISs,
whether the Air Force is the lead or a cooperating agency. The Air
Force may also be a lead or cooperating agency on an EA using similar
procedures, but the MAJCOM EPC retains approval authority unless
otherwise directed by HQ USAF. Before invoking provisions of 40 CFR
1501.5(e), the lowest authority level possible resolves disputes
concerning which agency is the lead or cooperating agency.
Sec. 989.10 Tiering.
The Air Force should use tiered (40 CFR 1502.20) environmental
documents, and environmental documents prepared by other agencies, to
eliminate repetitive discussions of the same issues and to focus on the
issues relating to specific actions. If the Air Force adopts another
federal agency's environmental document, subsequent Air Force
environmental documents may also be tiered.
Sec. 989.11 Combining EIAP with other documentation.
(a) The EPF combines environmental analysis with other related
documentation when practicable (40 CFR 1506.4) following the procedures
prescribed by the CEQ regulations and this part.
(b) The EPF must integrate comprehensive planning (AFI 32-
7062)7 with the requirements of NEPA and the EIAP. Prior to making
a decision to proceed, the EPF must analyze the environmental impacts
that could result from implementation of a proposal identified in the
comprehensive plan.
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\7\See footnote 1 to Sec. 989.1.
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Sec. 989.12 Air Force Form 813, Request for Environmental Impact
Analysis.
The Air Force uses AF Form 813 to document the need for
environmental analysis or for certain CATEX determinations for proposed
actions. The form helps narrow and focus the issues to potential
adverse environmental impacts. AF Form 813 must be retained with the EA
or EIS to record the focusing of environmental issues. The rationale
for not addressing environmental issues must also be recorded in the
EIAP document.
Sec. 989.13 Categorical exclusion (CATEX).
(a) CATEXs apply to those classes of actions that do not
individually or cumulatively have potential for significant effect on
the environment and do not, therefore, require further environmental
analysis in an EA or an EIS. The list of Air Force-approved CATEXs is
in Sec. 989.33. Command supplements may not add CATEXs or expand the
scope of the CATEXs in Sec. 989.33.
(b) Characteristics of categories of actions that usually do not
require either an EIS or an EA (in the absence of extraordinary
circumstances) include:
(1) Minimal adverse effect on environmental quality.
(2) No significant change to existing environmental conditions.
(3) No significant cumulative environmental impact.
(4) Socioeconomic effects only.
(5) Similarity to actions previously assessed and found to have no
significant environmental impacts.
(c) CATEXs apply to actions in the United States and abroad.
General exemptions specific to foreign nations and protected global
resources are in Sec. 989.35. The EPF or other decision-maker forwards
requests for additional exemption determinations (see
Sec. 989.35(c)(2)) for actions that will have an impact on foreign
nations and protected global resources to HQ USAF/CEV with a
justification letter.
(d) Normally, any decision-making level may determine the
applicability of a CATEX and need not formally record the determination
on AF Form 813, except as noted in the CATEX list.
Sec. 989.14 Environmental assessment (EA).
(a) When a proposed action is one not usually requiring an EIS and
is not categorically excluded, the EPF must prepare an EA (40 CFR
1508.9). Every EA must lead to either a Finding of No Significant
Impact (FONSI), a decision to prepare an EIS, or no decision on the
proposal.
(b) Whenever a proposed action usually requires an EIS, the EPF
responsible for the EIAP may prepare an EA to definitively determine if
an EIS is required based on the analysis of environmental impacts.
Alternatively, the EPF may choose to bypass the EA and proceed with
preparation of an EIS.
(c) An EA is a written analysis which serves to:
(1) Provide analysis sufficient to determine whether to prepare an
EIS or FONSI.
(2) Aid the Air Force in complying with the NEPA when no EIS is
required.
(d) An EA discusses the need for the proposed action, reasonable
alternatives to the proposed action, the affected environment, the
environmental impacts of the proposed action and alternatives
(including the ``no action'' alternative), and a listing of agencies
and persons consulted during preparation.
(e) The format for the EA is the same as the EIS. The alternatives
section of an EA and an EIS are similar and should follow the
alternatives analysis guidance outlined in Sec. 989.8.
(f) The EPF should design the EA to facilitate rapidly transforming
the document into an EIS if the environmental analysis reveals a
significant impact.
(g) Certain EAs require SAF/MIQ approval because they involve
topics of special importance or interest. Unless directed otherwise by
SAF/MIQ, the EPF must forward the following types of EAs to SAF/MIQ
through HQ USAF/CEV (copy to AFCEE/EC for technical review), along with
an unsigned FONSI:
(1) EAs for actions where the Air Force has wetlands or floodplains
compliance responsibilities (E.O. 11988 and E.O. 11990). A Finding of
No Practicable Alternative (FONPA) must be submitted to HQ USAF/CEV
when the alternative selected is located in wetlands or floodplains,
and must discuss why no other practicable alternative exists to avoid
impacts. Refer to AFI 32-7064, Integrated Natural Resources
Management.8
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\8\See footnote 1 to Sec. 989.1.
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(2) System acquisition EAs.
(3) All EAs on non-Air Force agency proposals that require an Air
Force decision, such as use of Air Force property for highways and
joint-use proposals.
(4) EAs for actions that require the Air Force to make conformity
determinations pursuant to the Clean Air Act, as amended, and the
implementing rules. Conformity determinations are made by SAF/MIQ, see
Sec. 989.28.
(h) A few examples of actions that normally require preparation of
an EA (except as indicated in the CATEX list) include:
(1) Public land withdrawals of less than 5,000 acres.
(2) Minor mission realignments and aircraft beddowns.
(3) Building construction on base within developed areas.
(4) Minor modifications to Military Operating Areas (MOAs), air-to-
ground weapons ranges, and military training routes.
(5) Remediation of hazardous waste disposal sites.
(i) Abbreviated environmental assessment. In special circumstances,
when the potential environmental impacts of a proposed action are
clearly insignificant (as documented on AF Form 813) and none of the
CATEXs in Sec. 989.33 apply, the EPF can use an abbreviated EA to
assess the action. At a minimum, the abbreviated EA will consist of:
(1) AF Form 813 with attachments analyzing the proposed action and
alternatives.
(2) A concise description of the affected environment.
(3) A concise FONSI, signed by the installation or MAJCOM EPC
Chairperson (see Sec. 989.15).
(j) The Air Force should involve environmental agencies,
applicants, and the public in the preparation of EAs to the extent
practicable (40 CFR 1501.4(b)). The extent of involvement usually
coincides with the magnitude and complexity of the proposed action and
its potential environmental effect on the area. While the document is
in preparation, the EPF does not need to provide it to the general
public or to regulatory agencies, but may distribute it to potentially
interested individuals and agencies. For proposed actions described in
Sec. 989.15(f), consider whether the EIS scoping process described in
Sec. 989.18 would be appropriate.
Sec. 989.15 Finding of no significant impact (FONSI).
(a) The FONSI (40 CFR 1508.13) briefly describes why an action
would not have a significant effect on the environment and thus will
not be the subject of an EIS. The FONSI must summarize the EA or have
it attached and incorporated by reference, and must note any other
environmental documents related to the action.
(b) If the EA is not attached, the FONSI must include:
(1) Name of the action.
(2) Brief description of the action (including alternatives
considered and the chosen alternative).
(3) Brief discussion of anticipated environmental effects.
(4) Conclusions leading to the FONSI.
(5) All mitigation actions that will be adopted with implementation
of the proposal (see Sec. 989.22).
(c) Keep FONSIs as brief as possible. Most FONSIs should not exceed
two typewritten pages. Stand-alone FONSIs without an attached EA may be
longer.
(d) For actions of regional or local interest, disseminate the
FONSI according to Sec. 989.23. The MAJCOM and NGB are responsible for
release of FONSIs to regional offices of federal agencies, the state
single point of contact (SPOC), and state agencies concurrent with
local release by the installations.
(e) The EPF must provide the FONSI and complete EA to organizations
and individuals requesting them and to whomever the proponent or the
EPF has reason to believe are interested in the action. The EPF
provides copies of the documents without cost to organizations and
individuals requesting them, to the extent practicable. The FONSI
transmittal date (date of letter of transmittal) to the SPOC or other
interested party is the official notification date.
(1) The EPF must make the draft EA/FONSI available to the affected
public (40 CFR 1501.4(e)(1)), unless disclosure is precluded for
security classification reasons. Before making a final determination to
prepare an EIS, or before the FONSI is signed and the action is
implemented, the EPF must allow sufficient time to receive comments
from the public. The time period will reflect the magnitude of the
proposed action and its potential for controversy. The EPF considers
comments and incorporates them, where appropriate, into the EA as noted
in Sec. 989.19(d).
(2) As a rule, the same organizational level that prepares the EA
reviews and recommends the FONSI for approval by the EPC. MAJCOMs may
decide the level of EA approval and FONSI signature.
(3) Air Force staff must get permission to deviate from the
procedures outlined in this part from SAF/MIQ in accordance with
Sec. 989.30, Special and emergency procedures.
(f) In the following circumstances, the draft FONSI is made
available for public review for at least 30 days before a final
determination on EIS preparation is made or before FONSI approval and
implementing the action (40 CFR 1501.4(e)(2)):
(1) When the proposed action is, or is closely similar to, one that
usually requires preparation of an EIS (see Sec. 989.16).
(2) If it is an unusual case, a new kind of action, or a precedent-
setting case in terms of its potential environmental impacts.
(3) If the proposed action would be located in a floodplain or
wetland.
Sec. 989.16 Environmental impact statement (EIS).
(a) Certain classes of environmental impacts require preparation of
an EIS (40 CFR part 1502). These include, but are not limited to:
(1) Potential for significant degradation of the environment.
(2) Potential for significant threat or hazard to public health or
safety.
(3) High public controversy concerning the significance or nature
of the biophysical environmental impact of a proposed action.
(b) Certain other actions normally, but not always, require an EIS.
These include, but are not limited to:
(1) Public land withdrawals of over 5,000 acres (Engle Act, 43
U.S.C. 155-158).
(2) Establishment of new air-to-ground weapons ranges.
(3) Site selection of new airfields.
(4) Site selection of major installations.
(5) Development of major new weapons systems (at decision points
that involve demonstration, validation, production, deployment, and
area or site selection for deployment).
(6) Establishing or expanding supersonic training areas over land
below 30,000 feet MSL (mean sea level).
(7) Reuse and disposal of closing installations.
Sec. 989.17 Notice of intent (NOI).
The EPF must furnish to HQ USAF/CEV the NOI (40 CFR 1508.22)
describing the proposed action for publication in the Federal Register.
The EPF, through the host base public affairs office, will also provide
the NOI to newspapers and other media in the area potentially affected
by the proposed action. The EPF must provide copies of the notice to
the proper state SPOC (E.O. 12372) and must also distribute it to
requesting agencies, organizations, and individuals. The EPF must also
forward the completed DOPAA along with the draft NOI to HQ USAF for
review.
Sec. 989.18 Scoping.
After publication of the NOI for an EIS, the EPF must initiate the
public scoping process (40 CFR 1501.7) to determine the scope of issues
to be addressed and to help identify significant environmental issues
to be analyzed in depth. Methods of scoping range from soliciting
written comments to conducting public scoping meetings (see 40 CFR
1501.7 and 1506.6(e)). The purpose of this process is to de-emphasize
insignificant issues and focus the scope of the environmental analysis
on significant issues (40 CFR 1500.4(g)). The result of scoping is that
the proponent and EPF determine the range of actions, alternatives, and
impacts to be considered in the EIS (40 CFR 1508.25). The EPF must send
meeting plans for scoping meetings to AF/CEV (or ANGRC/CEV) for SAF/MIQ
concurrence no later than 30 days prior to the first scoping meeting.
Scoping meeting plans are similar in content to public hearing plans
(see Sec. 989.36).
Sec. 989.19 Draft EIS.
(a) The EPF prepares a Preliminary Draft EIS (PDEIS) (40 CFR
1502.9) based on the scope of issues decided on during the scoping
process. The format of the EIS must be in accordance with the format
recommended in the CEQ regulations (40 CFR 1502.10 and 1502.11). The
CEQ regulations indicate that EISs are normally fewer than 150 pages
(300 pages for proposals of unusual complexity). The EPF provides a
sufficient number of copies of the PDEIS to HQ USAF/CEV for HQ USAF EPC
review and AFCEE/EC for technical review.
(b) After the HQ USAF EPC review, the EPF makes any necessary
revisions to the PDEIS and forwards it to HQ USAF/CEV as a Draft EIS
for security and policy review. Once the Draft EIS is approved, HQ
USAF/CEV notifies the EPF to print sufficient copies of the Draft EIS
for distribution to congressional delegations and interested agencies.
After congressional distribution, the EPF sends the Draft EIS to all
others on the distribution list. HQ USAF/CEV then files the document
with the Environmental Protection Agency (EPA) and provides a copy to
the Deputy Under Secretary of Defense for Environmental Security.
(c) Public review of draft EIS (40 CFR 1502.19).
(1) The public comment period for the Draft EIS is at least 45 days
from the publication date of the notice of availability of the Draft
EIS in the Federal Register. EPA publishes in the Federal Register,
each week, a notice of availability of EISs filed during the preceding
week. This public comment period may be extended an additional 15 days,
at the request of the EPF. If the Draft EIS is unusually long, the EPF
may distribute a summary to the public with an attached list of
locations (such as public libraries) where the entire Draft EIS may be
reviewed. The EPF must distribute the full Draft EIS to certain
entities, for example agencies with jurisdiction by law or agencies
with special expertise in evaluating the environmental impacts, and
anyone else requesting the entire Draft EIS (40 CFR 1502.19).
(2) The EPF holds public hearings on the Draft EIS according to the
procedures in 40 CFR 1506.6 (c) and (d). Hearings take place no sooner
than 15 days after the Federal Register notice of availability and at
least 15 days before the end of the comment period. Scheduling hearings
toward the end of the comment period is encouraged to allow the public
to obtain and more thoroughly review the Draft EIS. The EPF must
provide hearing plans to HQ USAF/CEV (or ANGRC/CEV) for SAF/MIQ
concurrence no later than 30 days prior to the first public hearing.
See Sec. 989.36 for public hearing procedures.
(d) Response to comments (40 CFR 1503.4). The EPF must incorporate
its responses to comments in the Final EIS by either modifying the text
or providing a written explanation in the comments section. The EPF may
group comments of a similar nature together to comprise a common
response and may also respond to individuals separately. Comments that
are not substantive, that merely oppose the proposal, that debate the
purpose or need for it, or that otherwise do not call for a response
that would enhance the environmental analysis, do not require a
specific response.
Sec. 989.20 Final EIS.
(a) If changes in the Draft EIS are minor or limited to factual
corrections and responses to comments, the proponent may, with the
prior approval of SAF/MIQ, prepare a document containing only Draft EIS
comments, Air Force responses, and errata sheets of changes staffed to
the HQ USAF EPC for coordination. However, the proponent must submit
the Draft EIS and all of the above documents, with a new cover sheet
indicating that it is a Final EIS (40 CFR 1503.4(c)), to HQ USAF/CEV
for filing with the EPA (40 CFR 1506.9). If more extensive
modifications are required, the EPF must prepare a Preliminary Final
EIS incorporating these modifications for coordination within the Air
Force. Regardless of which procedure is followed, the Final EIS must be
processed in the same way as the Draft EIS, except that the public need
not be invited to comment during the 30-day post-filing waiting period.
The EPF does not need to respond to public comments received during
this period.
(b) The EPF processes all necessary revisions or supplements to
EISs (40 CFR 1502.9) in the same way as the original draft and final
EIS, except that a new scoping process is not required.
Sec. 989.21 Record of decision (ROD).
(a) A ROD (40 CFR 1505.2) is a concise public document stating what
an agency's decision is on a specific action. The ROD may be integrated
into any other document required to implement the agency's decision. A
decision on a course of action may not be made until 30 days after
publication of the notice of availability of the Final EIS in the
Federal Register. EPA files notices of availability every Friday, and
only on Friday.
Typically, notices appear in the Federal Register four working days
after the EPA filing.
(b) The Air Force must announce the ROD to the affected public as
specified in Sec. 989.23, Public notification, except for classified
portions. The ROD should be concise and should explain the conclusion,
the reason for the selection, and the alternatives considered. The ROD
must identify the course of action (proposed action or an alternative)
that is considered environmentally preferable regardless of whether it
is the alternative selected for implementation. The ROD should
summarize all the major factors the agency weighed in making its
decision, including essential considerations of national policy.
(c) The ROD must state whether the selected alternative employs all
practicable means to avoid, minimize, or mitigate environmental impacts
and, if not, explain why. The MAJCOM prepares proposed RODs, formally
staffs them to SAF/MIQ for verification of adequacy, and forwards them
to the final decision-maker for signature.
Sec. 989.22 Mitigation.
(a) When preparing EIAP documents, indicate clearly whether
mitigation measures (40 CFR 1508.20) must be implemented for the
alternative selected. Discuss mitigation measures in terms of ``will''
and ``would'' when such measures have already been incorporated into
the proposal. Use terms like ``may'' and ``could'' when proposing or
suggesting mitigation measures. Both the public and the Air Force
community need to know what commitments are being considered and
selected, and who will be responsible for implementing, funding, and
monitoring the mitigation measures.
(b) The proponent funds and implements mitigation measures in the
mitigation plan that are approved by the decision-maker. Where
possible, the proponent should include the cost of mitigation as a line
item in the budget for a proposed project. The proponent must keep the
EPF informed of the status of mitigation measures when the proponent
implements the action. The EPF monitors the progress of mitigation
implementation and reports its status to HQ USAF/CEV on a periodic
basis. The EPF must also provide the results of relevant mitigation
monitoring to the public upon request.
(c) The proponent may ``mitigate to insignificance'' potentially
significant environmental impacts found during preparation of an EA, in
lieu of preparing an EIS. The FONSI for the EA must include these
mitigation measures. EA/FONSI mitigation commitments are legally
binding and must be carried out as the proponent implements the
project. If, for any reason, the project proponent later abandons or
revises in environmentally-adverse ways the mitigation commitments made
in the FONSI, the proponent must prepare a supplemental EIAP document
before continuing the project. If potentially significant environmental
impacts would result from any project revisions, the proponent must
prepare an EIS.
(d) Mitigation plan. For each FONSI or ROD containing mitigation
measures, the proponent publishes a plan specifically identifying each
mitigation, discussing how the proponent will execute the mitigations,
identifying who will fund and implement the mitigations, and stating
when the proponent will complete the mitigation. The mitigations
discussed in the FONSI should be limited to only those actions that
mitigate a significant environmental impact to insignificance. Any
other mitigation measures to which the proponent wants to commit itself
should be discussed in the body of the EA. The mitigation plan will be
forwarded to HQ USAF/CEV for review within 90 days from the date of
signature of the FONSI or ROD.
Sec. 989.23 Public notification.
Except as provided in Sec. 989.25, Classified actions, public
notification is required for various aspects of the EIAP.
(a) Activities that require public notification include:
(1) The FONSI for an EA.
(2) Preparation of an EIS (Notice of Intent).
(3) Public scoping meetings.
(4) Availability of the Draft EIS.
(5) Public hearings on the Draft EIS (which may be included in the
Notice of Availability for the Draft EIS).
(6) Availability of the Final EIS.
(7) The Record of Decision for an EIS and associated mitigations.
(b) For actions of local concern, the list of possible notification
methods in 40 CFR 1506.6(b)(3) is only illustrative.
The EPF may use other equally effective means of notification as a
substitute for any of the methods listed. Because many Air Force
actions are of limited interest to persons or organizations outside the
Air Force, the EPF may limit local notification to the single point of
contact (E.O. 12372), local government representatives, and local news
media. For all FONSI or EIS notices, if the news media fail to carry
the story and, in the case of a FONSI, if the action requires that,
after public notice of the FONSI, 30 days must pass before a decision
or any action is permissible (see Sec. 989.15(f)), the public affairs
officer must purchase an advertisement in the local newspaper(s) of
general circulation (not ``legal'' newspapers or ``legal section'' of
general newspapers).
(c) For the purpose of EIAP, the EPF satisfies the requirement of
local notification when it sends written notification to the state SPOC
or other organization (date of letter of notification) or when the
local media carries the story (date of story), whichever occurs first.
Authority to approve the publication of notices in newspapers is
delegated as specified in the Secretary of the Air Force Order 650.5.
Operations and maintenance funds pay for the advertisements.
Sec. 989.24 Base closure and realignment.
Base closure or realignment may entail special requirements for
environmental analysis. The permanent base closure and realignment law,
10 U.S.C. 2687, requires a report to Congress when an installation
where at least 300 DoD civilian personnel are authorized to be employed
is closed, or when a realignment reduces such an installation by at
least 50 percent or 1,000 personnel, whichever is less. In addition,
other base closure laws may be in effect during particular periods.
Such non-permanent closure laws frequently contain provisions limiting
the extent of environmental analysis required for actions taken under
them. Such provisions may also add requirements for studies not
necessarily required by NEPA. When dealing with base closure or
realignment EIAP documents, MAJCOMs and HQ USAF offices should obtain
legal advice on special congressional requirements. Consult with HQ
USAF/XOO, the HQ USAF focal point for the realignment process, decision
documents, and congressional requirements.
Sec. 989.25 Classified actions (40 CFR 1507.3(c)).
(a) Classification of an action for national defense or foreign
policy purposes does not relieve the requirement of complying with
NEPA. In classified matters, the Air Force must prepare and make
available normal NEPA environmental analysis documents to aid in the
decision-making process; however, Air Force staff must prepare,
safeguard and disseminate these documents according to established
procedures for protecting classified documents. If an EIAP document
must be classified, the Air Force may modify or eliminate associated
requirements for public notice (including publication in the Federal
Register) or public involvement in the EIAP. However, the Air Force
should obtain comments on classified proposed actions or classified
aspects of generally unclassified actions, from public agencies having
jurisdiction by law or special expertise, to the extent that such
review and comment is consistent with security requirements. Where
feasible, the EPF may need to help appropriate personnel from those
agencies obtain necessary security clearances to gain access to
documents so they can comment on scoping or review the documents.
(b) Where the proposed action is classified and ``unavailable'' to
the public, the Air Force may keep the entire NEPA process classified
and protected under the applicable procedures for the classification
level pertinent to the particular information. At times (for example,
during weapons system development and base closures and realignments),
certain but not all aspects of NEPA documents may later be
declassified. In those cases, the EPF should organize the EIAP
documents, to the extent practicable, in a way that keeps the most
sensitive classified information (which is not expected to be released
at any early date) in a separate annex that can remain classified; and
the rest of the EIAP documents, when declassified, will then be
comprehensible as a unit and suitable for release to the public. Thus,
the documents will reflect, as much as possible, the nature of the
action and its environmental impacts, as well as Air Force compliance
with NEPA requirements.
(c) Where the proposed action is not classified, but certain
aspects of it need to be protected by security classification, the EPF
should tailor the EIAP for a proposed action to permit as normal a
level of public involvement as possible, but also fully protect the
classified part of the action and environmental analysis. In some
instances, the EPF can do this by keeping the classified sections of
the EIAP documents in a separate, classified annex.
(d) For actions in paragraph (b) of this section, a NOI or NOA will
not be published in the Federal Register until the proposed action is
declassified. For actions in paragraph (c) of this section, the Federal
Register will run an unclassified NOI which will advise the public that
at some time in the future the Air Force may or will publicly release a
declassified document.
(e) The EPF similarly protects classified aspects of FONSIs, RODs,
or other environmental documents that are part of the EIAP for a
proposed action, such as by preparing separate classified annexes to
unclassified documents, as necessary.
(f) Whenever a proponent believes that EIAP documents should be
kept classified, the EPF must make a report of the matter to SAF/MIQ,
including proposed modifications of the normal EIAP to protect
classified information. The EPF may make such submissions at whatever
level of security classification needed to provide a comprehensive
understanding of the issues. SAF/MIQ, with support from SAF/GC and
other staff elements as necessary, makes final decisions on EIAP
procedures for classified actions. Sec. 989.26 Occupational safety and
health.
Assess direct and indirect impacts of proposed actions on the
safety and health of Air Force employees and others at a work site.
Normally, compliance with Occupational Safety and Health Administration
(OSHA) standards will mitigate hazards. The EIAP document does not need
to specify such compliance procedures. However, the EIAP documents
should discuss impacts that require a change in work practices to
achieve an adequate level of health and safety.
Sec. 989.27 Airspace proposals.
The DoD and the Federal Aviation Administration (FAA) have entered
into a Memorandum of Understanding (MOU) that outlines various airspace
responsibilities.
(a) For purposes of compliance with NEPA, the DoD is the ``lead
agency'' for all proposals initiated by DoD, with the FAA acting as the
``cooperating agency.'' Where airspace proposals initiated by the FAA
affect military use, the roles are reversed. The proponent's action
officers (civil engineering and local airspace management) must ensure
that the FAA is fully integrated into the airspace proposal and related
EIAP from the very beginning and that the action officers review the
FAA's responsibilities as a cooperating agency. The proponent's
Airspace Manager develops the preliminary airspace proposal per
appropriate FAA handbooks and the FAA-DoD MOU. The preliminary airspace
proposal is the basis for initial dialogue between DoD and the FAA on
the proposed action. A close working relationship between DoD and the
FAA, through the FAA Regional Air Force Representative, greatly
facilitates the airspace proposal process and helps resolve many NEPA
issues during the EIAP.
(b) In addition to serving as a cooperating agency pursuant to CEQ
regulations, the FAA agrees to:
(1) Provide to DoD information and technical expertise as it
relates to the proposed action.
(2) Provide FAA representation, as appropriate, at interagency
meetings and at scoping and public hearings on the proposal.
(3) Resolve or respond to environmental issues raised during the
NEPA process concerning the regulation of non-participating aircraft
outside the proposed Special Use Airspace (SUA).
(4) Identify and evaluate the environmental impacts relating to the
regulation of non-participating aircraft outside the proposed SUA if an
EIS or EA is required.
(5) Furnish DoD the names of organizations, agencies or individuals
the FAA believes may be interested in the DoD proposal.
(6) Notify DoD of FAA-proposed airspace actions and coordinate with
DoD components that may be affected.
(c) As lead agency, the military services have responsibility under
this MOU to:
(1) Notify the FAA of a DoD proposal for designation or
modification of SUA at the earliest practicable time in the development
of the proposal.
(2) Notify the FAA and coordinate the proposed action with other
DoD components at the earliest practicable time in the development of
the proposal.
(3) Identify and evaluate the environmental impacts of the proposed
action and reasonable alternatives.
(4) Integrate FAA's analysis of the environmental impacts with the
DoD analysis of environmental impacts.
Sec. 989.28 Air quality.
All EIAP documents must address applicable conformity requirements
and the status of compliance. Conformity applicability analyses and
determinations are separate and distinct requirements and should be
documented separately.
Sec. 989.29 Pollution prevention.
Section 6602(b) of the Pollution Prevention Act of 1990 established
a national policy to prevent or reduce pollution at the source,
whenever feasible. Pollution prevention approaches should be applied to
all pollution-generating activities. The environmental document should
analyze potential pollution that may result from the proposed action
and alternatives and must incorporate pollution prevention measures
whenever feasible. Where pollution cannot be prevented, the
environmental analysis and proposed mitigation measures should include,
wherever possible, recycling, energy recovery, treatment, and
environmentally safe disposal actions (see AFI 32-7080)9.
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\9\See footnote 1 to Sec. 989.1.
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Sec. 989.30 Special and emergency procedures.
(a) Special procedures. During the EIAP, unique situations may
arise that require different EIAP strategies other than those set forth
in this part. These situations may warrant modification of the
procedures in this part. EPFs should only consider procedural
deviations when the resulting process would benefit the Air Force and
still comply with NEPA and CEQ regulations. EPFs must forward all
requests for procedural deviations to HQ USAF/CEV (or ANGRC/CEV) for
review and approval by SAF/MIQ.
(b) Emergency procedures (40 CFR 1506.11). Certain emergency
situations may make it necessary to take immediate action having
significant environmental impact, without observing all the provisions
of the CEQ regulations or this part. If possible, promptly notify HQ
USAF/CEV before undertaking emergency actions that would otherwise not
comply with NEPA or this part. The notification requirement does not
apply where emergency action must be taken without delay.
Sec. 989.31 Reporting requirements.
(a) EAs, EISs, and mitigation measures will be tracked through the
Work Information Management System-Environmental Subsystem (WIMS-ES),
as required by AFI 32-7002, Environmental Information Management
Systems10. ANGRC/CE will provide EIAP updates to HQ USAF/CEV
through the WIMS-ES.
---------------------------------------------------------------------------
\1\0See footnote 1 to Sec. 989.1.
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(b) All documentation will be disposed of according to AFI 37-
13811.
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\1\1See footnote 1 to Sec. 989.1.
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Sec. 989.32 Definitions.
(a) All definitions listed in the CEQ regulations, 40 CFR part
1508, apply to this part. In addition, the following definitions apply:
(1) Description of proposed action and alternatives (DOPAA). An Air
Force document that is the framework for assessing the environmental
impact of a proposal. It describes the purpose and need for the action,
the alternatives to be considered, and the rationale used to arrive at
the proposed action.
(2) Environmental impact analysis process (EIAP). The Air Force
program that implements the National Environmental Policy Act.
(3) Finding of no practicable alternative (FONPA). Documentation in
accordance with Executive Orders 11988 and 11990 that explains why
there are no practicable alternatives to an action affecting a wetland
or floodplain, based on appropriate EIAP analysis or other
documentation.
(4) Interdisciplinary. An approach to environmental analysis
involving more than one discipline or branch of learning.
(5) National Environmental Policy Act of 1969 (NEPA). The basic
national charter to protect the environment that requires all federal
agencies to consider environmental impacts when making decisions
regarding proposed actions.
(6) Pollution prevention. ``Source reduction,'' as defined under
the Pollution Prevention Act, and other practices that reduce or
eliminate pollutants through increased efficiency in the use of raw
materials, energy, water, or other resources, or in the protection of
natural resources by conservation.
(7) Proponent. Any office, unit, or activity that initiates a
proposed action.
(8) Scoping. A public process for proposing alternatives to be
addressed and for identifying the significant issues related to a
proposed action.
(9) United States. All states, commonwealths, District of Columbia,
territories and possessions of the United States, and all waters and
airspace subject to the territorial jurisdiction of the United States.
The territories and possessions of the United States include the Virgin
Islands, American Samoa, Wake Island, Midway Island, Guam, Palmyra
Island, Johnston Atoll, Navassa Island, and Kingman Reef.
(b) The following definitions apply only to proposed actions
outside of the United States:
(1) Environment. The natural and physical environment. It does not
include social, economic, and other environments. Social and economic
effects do not apply to any requirements for environmental analysis
abroad.
(2) Federal action. An action implemented or funded directly by the
U.S. Government. It does not include:
(i) Action in which the United States takes part in an advisory,
information-gathering, representational, or diplomatic capacity and
does not implement or fund the action.
(ii) Action taken by a foreign government or in a foreign country
in which the United States is a beneficiary of the action without
implementing or funding the action.
(iii) Action in which foreign governments use funds derived
indirectly from United States funding.
(3) Foreign nation. A geographic area (land, water, and airspace)
outside of the United States that is under the jurisdiction of one or
more foreign governments; an area under military occupation by the
United States alone or jointly with any other foreign government; and
any area that is the responsibility of an international organization of
governments. ``Foreign nation'' includes contiguous zones and fisheries
zones of foreign nations. ``Foreign government'' in this context
includes governments (regardless of whether they are recognized by the
United States), political factions, and organizations that exercise
governmental power outside the United States.
(4) Global commons. Geographic areas that are outside the
jurisdiction of any nation, including the oceans outside territorial
limits. Global commons do not include contiguous zones and fisheries
zones of foreign nations. Antarctica, although part of the global
commons, is covered by NEPA to the extent ordered by the courts and
will generally be treated as though it were U.S. territory for purposes
of NEPA evaluations.
(5) Major action. An action of considerable importance that
involves substantial amounts of time, money, and resources and affects
the environment on a large geographic scale or has substantial
environmental effects on a more limited geographical area. The action
is substantially different from other previously analyzed and approved
actions with which the action under consideration may be associated.
Deployment of ships, aircraft, or other mobile military equipment is
not a major action for purposes of this part. A major Air Force action
is a major federal action implemented or funded directly by the Air
Force and over which the Air Force exercises some control, or a major
federal action for which the Air Force has been designated as the lead
agency.
(6) Protected global resource. Natural or ecological resources of
global importance designated for protection by the President, or in the
case of a resource protected by international agreement binding on the
United States, by the Secretary of State.
Sec. 989.33 Categorical exclusions.
(a) Proponent/EPF responsibility. Although a proposed action may
qualify for a categorical exclusion from the requirements for
environmental impact analysis under NEPA, this exclusion does not
relieve the EPF or the proponent of responsibility for complying with
all other environmental requirements related to the proposal, including
requirements for permits, state regulatory agency review of plans, and
so on.
(b) Additional analysis. Circumstances may arise in which usually
categorically excluded actions may have an environmental impact and,
therefore, may generate a requirement for further environmental
analysis. Examples of situations where such unique circumstances may be
present include:
(1) Actions of greater scope or size than generally experienced for
a particular category of action.
(2) Potential for degradation (even though slight) of already
marginal or poor environmental conditions.
(3) Initiating a degrading influence, activity, or effect in areas
not already significantly modified from their natural condition.
(4) Use of unproven technology.
(5) Use of hazardous or toxic substances that may come in contact
with the surrounding environment.
(6) Presence of threatened or endangered species, archaeological
remains, historical sites, or other protected resources.
(7) Proposals adversely affecting areas of critical environmental
concern, such as prime or unique agricultural lands, wetlands, coastal
zones, wilderness areas, floodplains, or wild and scenic river areas.
(c) CATEX list. Actions that are categorically excluded in the
absence of unique circumstances are:
(1) Routine procurement of goods and services.
(2) Routine Commissary and Exchange operations.
(3) Routine recreational and welfare activities.
(4) Normal personnel, fiscal or budgeting, and administrative
activities and decisions including those involving military and
civilian personnel (for example, recruiting, processing, paying, and
records keeping).
(5) Preparing, revising, or adopting regulations, instructions,
directives, or guidance documents that do not, themselves, result in an
action being taken.
(6) Preparing, revising, or adopting regulations, instructions,
directives, or guidance documents that implement (without substantial
change) the regulations, instructions, directives, or guidance
documents from higher headquarters or other federal agencies with
superior subject matter jurisdiction.
(7) Continuation or resumption of pre-existing actions, where there
is no substantial change in existing conditions or existing land uses
and where the actions were originally evaluated in accordance with
applicable law and regulations, and surrounding circumstances have not
changed.
(8) Performing interior and exterior construction within the 5-foot
line of a building without changing the land use of the existing
building, provided the structure is not eligible for, or listed in, the
National Register of Historic Places.
(9) Repairing and replacing real property installed equipment.
(10) Routine facility maintenance and repair that does not involve
disturbing significant quantities of hazardous materials such as
asbestos.
(11) Actions similar to other actions which have been determined to
have an insignificant impact in a similar setting as established in an
EIS or an EA resulting in a Finding of No Significant Impact. The EPF
must document application of this CATEX on AF Form 813, specifically
identifying the previous environmental document which provides the
basis for this determination.
(12) Installing, operating, modifying, and routinely repairing and
replacing utility and communications systems, data processing cable,
and similar electronic equipment that use existing rights of way,
easements, distribution systems, or facilities.
(13) Installing or modifying airfield operational equipment (such
as runway visual range equipment, visual glide path systems, and remote
transmitter or receiver facilities) on airfield property and usually
accessible only to maintenance personnel.
(14) Installing on previously developed land, equipment that does
not substantially alter land use (i.e., land use of more than one
acre). This includes outgrants to private lessees for similar
construction. The EPF must document application of this CATEX on AF
Form 813.
(15) Laying-away or mothballing a production facility or adopting a
reduced maintenance level at a closing installation when (i) agreement
on any required historic preservation effort has been reached with the
state historic preservation officer and the Advisory Council on
Historic Preservation, and (ii) no degradation in the environmental
restoration program will occur.
(16) Acquiring land and ingrants (50 acres or less) for activities
otherwise subject to CATEX. The EPF must document application of this
CATEX on AF Form 813.
(17) Transferring land, facilities, and personal property for which
the General Services Administration (GSA) is the action agency. Such
transfers are excluded only if there is no change in land use and GSA
complies with its NEPA requirements.
(18) Transferring administrative control of real property within
the Air Force or to another military department or to another federal
agency, including returning public domain lands to the Department of
the Interior.
(19) Granting easements, leases, licenses, rights of entry, and
permits to use Air Force controlled property for activities that, if
conducted by the Air Force, could be categorically excluded in
accordance with this section. The EPF must document application of this
CATEX on AF Form 813.
(20) Converting in-house services to contract services.
(21) Routine personnel decreases and increases, including workforce
conversion to either on-base contractor operation or to military
operation from contractor operation (excluding base closure and
realignment actions which are subject to congressional reporting under
10 U.S.C. 2687).
(22) Routine, temporary movement of personnel, including
deployments of personnel on a temporary duty (TDY) basis where existing
facilities are used.
(23) Personnel reductions resulting from workload adjustments,
reduced personnel funding levels, skill imbalances, or other similar
causes.
(24) Study efforts that involve no commitment of resources other
than personnel and funding allocations.
(25) The analysis and assessment of the natural environment without
altering it (inspections, audits, surveys, investigations). This CATEX
includes the granting of any permits necessary for such surveys,
provided that the technology or procedure involved is well understood
and there are no adverse environmental impacts anticipated from it. The
EPF must document application of this CATEX on AF Form 813.
(26) Undertaking specific investigatory activities to support
remedial action activities for purposes of cleanup of hazardous
spillage or waste sites or contaminated groundwater or soil. These
activities include soil borings and sampling, installation, and
operation of test or monitoring wells. This CATEX applies to studies
that assist in determining final cleanup actions when they are
conducted in accordance with interagency agreements, administrative
orders, or work plans previously agreed to by EPA or state regulators.
(Note: This CATEX does not apply to the selection of the
remedial action.)
(27) Normal or routine basic and applied scientific research
confined to the laboratory and in compliance with all applicable
safety, environmental, and natural resource conservation laws.
(28) Routine transporting of hazardous materials and wastes in
accordance with applicable federal, state, interstate, and local laws.
(29) Emergency handling and transporting of small quantities of
chemical surety material or suspected chemical surety material, whether
or not classified as hazardous or toxic waste, from a discovery site to
a permitted storage, treatment, or disposal facility.
(30) Immediate responses to the release or discharge of oil or
hazardous materials in accordance with an approved Spill Prevention and
Response Plan or Spill Contingency Plan or that are otherwise
consistent with the requirements of the National Contingency Plan.
(Long-term cleanup and remediation activities should be evaluated
separately.)
(31) Relocating a small number of aircraft to an installation with
similar aircraft that does not result in an increase of total flying
hours or the total number of aircraft operations, a change in flight
tracks, or an increase in permanent personnel or logistics support
requirements at the receiving installation.
(32) Infrequent and temporary (for less than 30 days) increases in
air operations up to 50 percent of the typical installation aircraft
operation rate or increases of 50 operations a day, whichever is
greater.
(33) Flying activities that comply with the federal aviation
regulations, that are dispersed over a wide area and that do not
frequently (more than once a day) pass near the same ground points.
(This CATEX does not cover regular activity on established routes or
within special use airspace.)
(34) Supersonic flying operations over land and above 30,000 feet
mean sea level (MSL), or over water and above 10,000 feet MSL and more
than 15 nautical miles from land.
(35) Formal requests to the FAA, or host-nation equivalent agency,
to establish or modify special use airspace (for example, restricted
areas, warning areas, military operating areas) and military training
routes for subsonic operations that have a base altitude of 3,000 feet
above ground level or higher. The EPF must document application of this
CATEX on AF Form 813, which must accompany the request to the FAA.
(36) Adopting airfield approach, departure, and en route procedures
that do not route air traffic over noise-sensitive areas, including
residential neighborhoods or cultural, historical, and outdoor
recreational areas. The EPF may categorically exclude such air traffic
patterns at or greater than 3,000 feet above ground level regardless of
underlying land use.
(37) Participating in ``air shows'' and fly-overs by Air Force
aircraft at non-Air Force public events after obtaining FAA
coordination and approval.
(38) Conducting Air Force ``open houses'' and similar events,
including air shows, golf tournaments, home shows, and the like, where
crowds gather at an Air Force installation, so long as crowd and
traffic control, etc., have not in the past presented significant
safety or environmental impacts.
Sec. 989.34 Environmental considerations--global commons.
(a) General information.
(1) Purpose. This section covers the procedures for evaluating the
environmental effects of major Air Force actions that may significantly
affect the environment of the global commons. The focus is not on the
place of the action but on the location of the affected environment.
This section contains all the procedural requirements for evaluating
environmental impacts of Air Force actions that affect the global
commons.
(2) Limitations on actions. Air Force proponents must meet the
requirements of this section for proposed Air Force actions involving
the global commons before taking any action that either does
significant harm to the environment or limits the choice of reasonable
alternatives.
(3) Emergencies. If, under emergency circumstances, a proponent
must take action that does significant harm to the environment without
first meeting the requirements of this section, the Air Force must
consult with the appropriate Assistant Secretary of Defense as soon as
possible. This includes actions that must be taken to promote the
national defense or security and that cannot be delayed, and actions
necessary to protect life or property.
(b) Environmental document requirements.
(1) General information. When a proposed action is determined to be
a major Air Force action significantly affecting the environment of the
global commons, the EPF must prepare an EIS, as described in this
paragraph, to inform the responsible decision-making official of
pertinent environmental considerations. The EIS may be a specific EIS
for the particular action, a generic EIS covering the entire class of
similar actions, or a programmatic EIS.
(2) Combining documents. The EPF may combine environmental
documents with other federal agency documents to reduce duplication. If
a current and acceptable EIS for a particular action already exists,
regardless of which federal agency prepared it, a new EIS is not
required by this part.
(3) Collective statements. The EPF should consider using generic
and programmatic EISs. Generic EISs may include actions with relevant
similarities such as common timing, environmental effects,
alternatives, methods of implementation, or subject matter.
(4) Tiering. Consider tiering of EISs to eliminate repetitive
discussions of the same issues and to focus on the issues ripe for
discussion. Tiering covers general matters in broader EISs, followed by
narrower statements or analyses that focus on discrete actions.
(5) Environmental assessments (EAs). The purpose of an EA is to
help determine whether an EIS is required for a particular action. The
EA should:
(i) Be concise but include enough information so the EPF can
determine, first, whether the proposed action is major and, second,
whether it significantly harms the environment of the global commons.
(ii) Include consideration of the need for the proposed action, a
description of the action and reasonable alternatives, and the
environmental effects.
(iii) Be available to the public (in the United States) on request
unless there are security restrictions. The EPF is not required to
distribute the EA for public comment.
(iv) Go to HQ USAF/CEV for review of actions that are above MAJCOM
approval authority.
(v) Document a decision not to prepare an EIS.
(c) Environmental Impact Statements (EISs).
(1) General information. EISs must be concise and no longer than
necessary to permit an informed consideration of the environmental
effects on the global commons of the proposed action and the reasonable
alternatives. If an action requiring an EIS also has effects on the
environment of a foreign nation or on a resource designated as one of
global importance, the EIS does not need to consider these effects. The
procedures for considering these effects are in Sec. 989.35.
(2) Draft EIS. The EPF prepares EISs in two stages. The first, or
Draft EIS, should be complete enough to permit analysis and comment.
The EPF sends proposed Draft EISs to AFCEE/EC for technical and
functional review. After this review, the EPF makes a recommendation as
to whether the proposed Draft EIS will be released as a Draft EIS.
Prior to public release, security and policy approval must be obtained.
If released as a Draft EIS, it is available to the public, within the
United States, for comment. HQ USAF/CEV informs the Department of State
and other interested federal agencies of the availability of the Draft
EIS, and these agencies may comment on it.
(3) Final EIS. The Final EIS considers, either individually or
collectively, substantive comments received on the draft EIS. The Final
EIS is available to the public in the United States.
(4) Supplemental EIS. The EPF should add supplements to the Draft
or Final EIS to cover substantial changes to the proposed action that
are relevant to the environment of the global commons. The EPF should
use supplements when significant new information or circumstances arise
that bear on the proposed action or its environmental effects on the
global commons. The EPF circulates supplemental EISs for comment unless
the Assistant Secretary of Defense approves alternative procedures.
(5) EIS content. The EIS includes:
(i) Summary.
(ii) Consideration of the purpose and need for the proposed action.
(iii) A description of the proposed action and reasonable
alternatives.
(iv) The environmental effects of the proposed action and
reasonable alternatives.
(v) A brief description of the environment of the global commons
affected by the proposed action and reasonable alternatives.
(vi) Analysis, in comparative form, of the environmental effects on
the global commons of the proposed action and reasonable alternatives.
(vii) List of preparers.
(viii) List of agencies, organizations, and persons to whom copies
of the EIS are sent.
(ix) Appendices.
(6) Incomplete information. State clearly in the EIS why relevant
information is missing, whether unavailable or scientifically
uncertain.
(d) Additional requirements and procedures.
(1) Hearings. The Air Force does not require public hearings, but
considers, in appropriate cases, holding or sponsoring public hearings.
Consider the factors listed in this paragraph when deciding whether to
hold public hearings. However, if one or more factors indicates that
public hearings would not be substantially beneficial to the Air Force,
the Air Force need not proceed. Factors to consider include:
(i) Foreign relations sensitivities.
(ii) Whether the hearings would infringe or appear to infringe the
sovereign responsibilities of another government.
(iii) Requirements of domestic and foreign government
confidentiality.
(iv) Requirements of national security.
(v) Whether the hearings could produce meaningful information.
(vi) Time considerations.
(vii) Requirements for commercial confidentiality.
(2) Decision. Attach relevant environmental documents developed
under this section to the proposal for action allowing officials to
consider the environmental effects of the action. One method for
tracking and recording the review process is for the decision-maker to
sign and date a copy of the EIS, indicating that the decision-maker has
considered it in the decision-making process. Other recording methods
are also acceptable.
(3) Timing. The Air Force can make no decision on a proposed action
until at least 90 days after the Draft EIS is released or 30 days after
the Final EIS is released, whichever is later (in both cases dated from
publication of notices in the Federal Register). The 90-day period and
the 30-day period may run concurrently. The public comment period runs
for not less than 45 days. The Assistant Secretary of Defense may
reduce the 30-day, 45-day, and 90-day periods if there is a showing of
probable important adverse effects on national security or foreign
policy. Send any requests for extensions of public comment periods to
HQ USAF/CEV.
(4) Classified information. The Air Force safeguards EAs and EISs
that cover classified proposals. Classified information is not released
to the public. The Air Force may issue only unclassified portions of
environmental documents to the public.
Sec. 989.35 Environmental considerations--foreign nations and
protected global resources.
(a) General information. This section covers the procedures and
requirements for informing United States Air Force officials of
pertinent environmental considerations when officials are considering
whether to authorize or approve major Air Force actions that may
significantly affect the environment of a foreign nation or a protected
global resource.
(b) Actions covered. The requirements in this section apply only to
the following actions:
(1) When a host nation is not participating or otherwise involved
in a major Air Force action, EIAP documentation is required only when
that action may significantly affect the environment of the host
nation. This category focuses on the geographical location of the
environmental harm and not on the location of the action.
(2) If a host nation is involved or otherwise participating in the
action, EIAP documentation is required when:
(i) The project or activity generates a product, emission, or
effluent that is prohibited or strictly regulated by federal law in the
United States because its toxic effects on the environment create a
serious public health risk.
(ii) A project or activity is prohibited or strictly regulated in
the United States by federal law to protect the environment against
radioactive substances.
(3) EIAP documentation is required when major Air Force actions may
significantly harm protected natural or ecological resources of global
importance. The President of the United States designates protected
global resources. In the case of a resource protected by international
agreement binding on the United States, the Secretary of State
designates the resource.
(c) Exemptions. There are general exemptions from the requirements
of this section. The Secretary of Defense has the authority to approve
additional exemptions.
(1) General exemptions. The following actions are exempt from the
procedural and other requirements of this section:
(i) Actions that the Air Force determines do not significantly
affect the environment of a foreign nation that is not participating in
the action, or that do not cause significant harm to a designated
resource of global importance.
(ii) Presidential actions. These include signing bills into law;
signing treaties and other international agreements; issuing executive
orders; issuing Presidential proclamations; and issuing Presidential
decisions, instructions, and memoranda. Further exempted actions
include those the Air Force takes to prepare or help prepare
recommendations, advice, or information for the President on one of the
actions by the President. Actions not included are actions the Air
Force takes to implement or carry out these Presidential mandates.
(iii) Actions of, or directed by, the President or a cabinet
officer during the course of armed conflict. The term ``armed
conflict'' refers to situations where Congress declares war or enacts a
specific authorization for the use of armed forces; Congress prescribes
a report under the War Powers Resolution; and the armed forces use
weapons either defensively or offensively where hostilities have
occurred or are expected to occur. This exemption applies as long as
the armed conflict continues.
(iv) Actions of, or directed by, the President or a cabinet officer
involving the national security or national interest. The Assistant
Secretary of Defense makes determinations in writing concerning the
effects of Air Force actions on national security or national interest.
(v) Secretary of Defense-directed actions involving intelligence
components or under Executive Order 12036. Intelligence components
include the Defense Intelligence Agency, the National Security Agency,
the offices for the collection of specialized intelligence, the Office
of Naval Intelligence, and the Air Force Office of Intelligence.
(vi) Decisions and actions on arms transfers to foreign nations
that come out of the Office of the Assistant Secretary of Defense, the
Defense Security Assistance Agency, and the other responsible offices
within DoD components. The term ``arms transfers'' includes the grant,
loan, lease, exchange, or sale of defense articles or defense services
to foreign governments or the guarantee of credit along with these
transactions.
(vii) Votes and other actions in international conferences and
organizations. These include all decisions and actions of the United
States concerning representation of its interests at international
organizations and at multilateral conferences, negotiations, and
meetings.
(viii) Disaster and emergency relief actions.
(ix) Actions involving export licenses, export permits, or export
approvals, other than those relating to nuclear activities. These
include Air Force advice to the Department of State about issuing
munitions export licenses under the Arms Export Control Act; Air Force
advice to the Department of Commerce regarding granting export licenses
under the Export Administration Act; and direct DoD exports of defense
articles and services to foreign governments and international
organizations that are exempt from munitions export licenses under the
Arms Export Control Act. The term ``export approvals'' does not include
direct loans to finance exports.
(x) Actions relating to nuclear activities and nuclear material,
except actions that provide a foreign nation with a nuclear production
or utilization facility (as defined in the Atomic Energy Act of 1954)
or with a nuclear waste-management facility.
(2) Additional exemptions. DoD may establish additional exemptions
that apply only to DoD operations. There are two types of additional
exemptions: case-by-case and class.
(i) Case-by-case exemptions. Exemptions other than those specified
above may arise because emergencies, national security considerations,
exceptional foreign-policy requirements, or other special circumstances
prevent, or are inconsistent with, preparing environmental
documentation and taking other actions prescribed by this section. The
following procedures apply for approving these exemptions.
(A) Emergencies. This category includes actions that cannot be
delayed, that must be taken to promote the national defense or
security, and actions necessary for protecting life or property. The
Secretary of the Air Force is authorized to approve emergency
exemptions on a case-by-case basis. DoD must consult as soon as
possible with the Department of State and the Council on Environmental
Quality on emergency exemptions. The requirement to consult as soon as
possible is not a requirement for prior consultation. The Secretary of
the Air Force must make a report of the emergency action to the
Assistant Secretary of Defense (Force Management and Personnel), who,
with the Assistant Secretary of Defense (International Security
Affairs), carry out the necessary consultations.
(B) Other circumstances. National security considerations,
exceptional foreign-policy requirements, and other special
circumstances not identified in paragraph (c)(2)(i)(A) may prevent or
be inconsistent with preparing environmental documentation. In these
circumstances, the Secretary of the Air Force may exempt a particular
action from the environmental documentation requirements of this
section. The Secretary of the Air Force may make such an exemption only
after obtaining prior approval from the Assistant Secretary of Defense,
who must consult with the Department of State and other appropriate
agencies before approving the exemption. The requirement for prior
consultation is not a requirement for prior approval.
(ii) Class exemption. Certain circumstances may warrant a class
exemption for a group of related actions rather than a specific
exemption. The Assistant Secretary of Defense (Force Management and
Personnel) may establish class exemptions, but, along with the
Assistant Secretary of Defense (International Security Affairs), must
consult with the Department of State and other appropriate agencies
before approving the exemption. The requirement for prior consultation
is not a requirement for prior approval. The Secretary of the Air Force
must submit requests for class exemptions to the Assistant Secretary of
Defense after coordination with other interested DoD components.
(d) Environmental document requirements. This section describes the
procedures for preparing environmental studies or reviews, when
required by this section, and the exceptions to the requirement to
prepare environmental studies or reviews. If a current and acceptable
environmental document already exists for a particular action,
regardless of which federal agency prepared it, this section does not
require a new document.
(1) There are two types of environmental documents that Air Force
officials must use when considering the environmental effects of
actions covered by this section:
(i) Environmental studies: bilateral or multilateral environmental
studies of the proposed action, prepared by the United States and one
or more foreign nations or by an international body or organization of
which the United States is a member or participant.
(ii) Environmental reviews: concise reviews of the environmental
issues of the proposed action, prepared unilaterally by the United
States.
(2) Forward all environmental studies to HQ USAF/CEV for
coordination among appropriate federal agencies. HQ USAF/CEV reviews
all environmental reviews for actions above the MAJCOM approval
authority.
(3) HQ USAF/CEV makes environmental studies and reviews available
to the Department of State and other interested federal agencies, and,
on request, to the United States public, according to paragraph (d)(4)
of this section. HQ USAF/CEV may also inform interested foreign
governments or furnish copies of the studies, according to paragraph
(d)(4) of this section. HQ USAF/CEV does not need to distribute studies
before preparing the final version of the document or before the
proponent implements the action upon which the study or review is
based.
(4) The requirements regarding the preparation, content, and
distribution of environmental studies and reviews in the international
context must remain flexible. Air Force officials determine specific
procedures on a case-by-case basis, and procedures may change if
necessary to:
(i) Allow the Air Force to act promptly. Considerations such as
national security and foreign government involvement may require prompt
action that takes precedence in the environmental review process.
(ii) Avoid adverse impacts on relations between the United States
and foreign governments and international organizations.
(iii) Avoid infringement, or the appearance of infringement, of the
sovereign responsibilities of another government. Exercise care in
collecting information and preparing and distributing environmental
documentation for actions in which another nation is involved or that
affect the environment and resources of another nation. Unless the EIAP
respects the sovereign authority of the involved nation, the nation may
view the EIAP as an interference in its international affairs and its
responsibility for evaluating environmental requirements.
(iv) Ensure the following:
(A) Requirements of governmental confidentiality. Protect sensitive
foreign-affairs information and information obtained from another
government with the understanding that the information would be
protected from disclosure regardless of its classification.
(B) National security requirements. Protect classified information
and other national security interests.
(C) Availability of meaningful information. Information on the
environment of foreign nations may be unavailable, incomplete, or not
susceptible to a meaningful evaluation, particularly where the affected
foreign nation is not a participant in the analysis. These limitations
may reduce or substantially change the usual content of the
environmental study.
(D) The extent of Air Force participation and its involvement in
decision-making. As Air Force involvement and control in decision-
making decreases, the need for an in-depth environmental review and
analysis diminishes.
(E) International commerce, commercial confidentiality,
competitive, and export-promotion factors. Protect domestic and
foreign-trade secrets and confidential business information from
disclosure. Export-promotion factors include not unnecessarily
hindering United States exports.
(e) Environmental studies.
(1) General information.
(i) An environmental study is an analysis of the likely
environmental effects of the action being considered. It includes a
review of the affected environment, significant actions to avoid
environmental harm or otherwise improve the environment, and
significant environmental considerations and actions by the other
participating nations, bodies, or organizations.
(ii) The environmental study is prepared as a cooperative task and
consequently is used for actions that provide strictly regulated or
prohibited products or projects to a foreign nation, as well as to
actions that affect a protected global resource.
(2) Whether to prepare an environmental study. HQ USAF/CEV decides
whether a proposed action is one that would do significant harm to one
of the environments covered by this section only after consulting with
involved foreign governments or organizations. If decision-makers
decide not to pursue an action, the file will record that decision and
the names of the decision-makers who took part. If decision-makers
decide to prepare a study, except as provided by this section, the
proponents may not proceed with any proposed activity that would do
significant harm to the environment pending the completion of the
study.
(3) Content of the study. The environmental study analyzes the
environmental aspects of the proposed action for consideration in the
decision-making process. The content of each study will vary to some
degree because of the relative difficulty or ease of obtaining
sensitive information from foreign governments and the differing
availability of useful and understandable information. However, the
study should consider the following:
(i) A general review of the affected environment.
(ii) The predicted environmental effects.
(iii) Significant governmental actions regarding the proposed
action to protect or improve the environment.
(iv) Whether the affected foreign government or international
organization made a specific decision not to act to protect or enhance
the environment.
(f) Environmental reviews.
(1) General information.
(i) An environmental review is a survey of the important
environmental issues surrounding a proposed action. A review includes
identifying these issues and reviewing any United States or foreign
government analyses of the environmental effects of the proposed
action.
(ii) The proposing installation or MAJCOM usually prepares an
environmental review either unilaterally or along with another federal
agency. While an environmental review may apply to any of the actions
previously identified, it is also uniquely suitable (because the United
States unilaterally prepares it) for actions that affect the
environment of a nation not involved in the action.
(2) Whether to prepare an environmental review. Decision-makers
must have enough information upon which to base a decision about
whether the proposed action would do significant harm to the
environments covered in this section. If officials make a negative
decision, they must make a record of that decision and its basis. If
they make a decision to prepare a review, then, except as provided by
this section, the proponent may not take any action on the proposal
that would do significant environmental harm before the review is
complete.
(3) Content of the review. An environmental review is a survey of
the important environmental issues associated with the proposed action
that are under Air Force consideration. It does not include all
possible environmental issues, and it does not include the detailed
evaluation required in an environmental impact statement under this
section. Because no foreign government or international organization
takes part in preparing the review, its content may be limited because
of limited availability of information and foreign relations
sensitivities. Additional environmental document requirements are
listed in paragraph (d)(4) of this section. If practicable, the review
should include the following:
(i) A statement of the proposed action including its timetable,
physical features, general operating plan, and other similar broad-
gauge descriptive factors.
(ii) Identification of the important environmental issues involved.
(iii) Identification of present or future Air Force mitigative
actions that will decrease the impact on or improve the environment.
(iv) A description of present or future government actions by any
participating and affected foreign nations which will affect
environmental considerations.
Sec. 989.36 Procedures for holding public hearings.
(a) General information.
(1) The Air Force solicits the views of the public and special
interest groups and, in appropriate cases, holds public hearings on the
Draft EIS.
(2) The Office of the Judge Advocate General, through the Air Force
Legal Services Agency/Trial Judiciary Division (AFLSA/JAJT) and its
field organization, is responsible for conducting public hearings.
(3) The proponent EPF establishes the date and location, arranges
for hiring the court reporter, funds temporary duty costs for the
hearing officer, makes logistical arrangements (for example, publishing
notices, arranging for press coverage, obtaining tables and chairs,
etc.), and forwards the transcripts of the hearings to AFLSA/JAJT.
(b) Notice of hearing (40 CFR 1506.6).
(1) Public affairs officers:
(i) Announce public hearings and assemble a mailing list of
individuals to be invited.
(ii) Distribute announcements of a hearing to all interested
individuals and agencies, including the print and electronic media.
(iii) Under certain circumstances, purchase an advertisement
announcing the time and place of the hearing as well as other pertinent
particulars.
(iv) Distribute the notice in a timely manner so it will reach
recipients or be published at least 15 days before the hearing date.
Distribute notices fewer than 15 days before the hearing date when you
have substantial justification and if the justification for a shortened
notice period appears in the notice.
(2) If an action has effects of national concern, publish notices
in the Federal Register and mail notices to national organizations that
have an interest in the matter.
(i) Because of the longer lead time required by the Federal
Register, send out notices for publication in the Federal Register to
arrive at HQ USAF/CEV no later than 30 days before the hearing date.
(3) The notice should include:
(i) Date, time, place, and subject of the hearing.
(ii) A description of the general format of the hearing.
(iii) The name and telephone number of a person to contact for more
information.
(iv) The request that speakers submit (in writing or by return
call) their intention to participate, with an indication of which
environmental impact (or impacts) they wish to address.
(v) Any limitation on the length of oral statements.
(vi) A suggestion that speakers submit statements of considerable
length in writing.
(vii) A summary of the proposed action.
(viii) The offices or location where the Draft EIS and any
appendices are available for examination.
(c) Availability of the draft EIS to the public. The EPF makes
copies of the Draft EIS available to the public at an Air Force
installation or other suitable place in the vicinity of the proposed
action and public hearing.
(d) Place of the hearing. The EPF arranges to hold the hearing at a
time and place and in an area readily accessible to military and
civilian organizations and individuals interested in the proposed
action. Generally, the EPF should arrange to hold the hearing in an
off-base civilian facility, which is more accessible to the public.
(e) Hearing officer.
(1) The AFLSA/JAJT selects a judge advocate, who is a military
judge with experience in conducting public meetings, to preside over
hearings. The hearing officer does not need to have personal knowledge
of the project, other than familiarity with the Draft EIS. In no event
should the hearing officer be the Staff Judge Advocate of the proponent
command, have participated personally in the development of the
project, or have rendered legal advice or assistance with respect to it
(or be expected to do so in the future). The principal qualification of
the hearing officer should be the ability to conduct a hearing as an
impartial participant. (2) The primary duties of the hearing officer
are to make sure that the hearing is orderly, is recorded, and that
interested parties have a reasonable opportunity to speak. The
presiding officer should direct the speakers' attention to the purpose
of the hearing, which is to consider the environmental impacts of the
proposed project. Each speaker should have a time limit to provide
maximum public input to the decision-maker.
(f) Record of the hearing. The hearing officer must make sure a
verbatim transcribed record of the hearing is prepared, including all
stated positions, all questions, and all responses. The hearing officer
should append all written submissions that parties provide to the
hearing officer during the hearing to the record as attachments. The
hearing officer should also append a list of persons who spoke at the
hearing and submitted written comments and a list of the organizations
or interests they represent with addresses. The hearing officer must
make sure a verbatim transcript of the hearing is provided to the EPF
for inclusion as an appendix to the Final EIS. The officer should also
ensure that all persons who request a copy of the transcript get a copy
when it is completed. Copying charges are determined according to 40
CFR 1506.6(f).
(g) Hearing format. Use the format outlined in this paragraph as a
general guideline for conducting a hearing. Hearing officers should
tailor the format to meet the hearing objectives. These objectives
provide information to the public, record opinions of interested
persons on environmental impacts of the proposed action, and set out
alternatives for improving the EIS and for later consideration.
(1) Organizing speakers by subject. If time and circumstances
permit, the hearing officer should group speakers by subject matter.
For example, all persons wishing to address water quality issues should
make their presentations one after the other so the EIS preparation
team can review the transcript and make summaries from it more easily.
(2) Record of attendees. The hearing officer should make a list of
all persons who wish to speak at the hearing to help the hearing
officer in calling on these individuals, to ensure an accurate
transcript of the hearing, and to enable the officer to send a copy of
the Final EIS (4 CFR 1502.19) to any person, organization, or agency
that provided substantive comments at the hearing. The hearing officer
should assign assistants to the entrance of the hearing room to provide
cards on which individuals can voluntarily write their names,
addresses, telephone numbers, organizations they represent, and titles;
whether they desire to make a statement at the hearing; and what
environmental area(s) they wish to address. The hearing officer can
then use the cards to call on individuals who desire to make
statements. However, the hearing officer will not deny entry to the
hearing or the right to speak to people who decline to submit this
information on cards.
3. Introductory remarks. The hearing officer should first introduce
himself or herself and the EIS preparation team. Then the hearing
officer should make a brief statement on the purpose of the hearing and
give the general ground rules on how it will be conducted. This is the
proper time to welcome any dignitaries who are present. The hearing
officer should explain that he or she does not make any recommendation
or decision on whether the proposed project should be continued,
modified, or abandoned or how the EIS should be prepared.
(4) Explanation of the proposed action. The Air Force EIS
preparation team representative should next explain the proposed
action, the alternatives, the potential environmental consequences, and
the EIAP.
(5) Questions by attendees. After the EIS team representative
explains the proposed action, alternatives, and consequences, the
hearing officer should give attendees a chance to ask questions to
clarify points they may not have understood. The hearing officer may
have to reply in writing, at a later date, to some of the questions.
While the Air Force EIS preparation team should be as responsive as
possible in answering questions about the proposal, they should not
become involved in debate with questioners over the merits of the
proposed action. Cross-examination of speakers, either those of the Air
Force or the public, is not of an informal hearing. If necessary, the
hearing officer may limit questioning or conduct portions of the
hearing to ensure proper lines of inquiry. However, the hearing officer
should include all questions in the hearing record.
(6) Statement of attendees. The hearing officer must give the
persons attending the hearing a chance to present oral or written
statements. The hearing officer should be sure the recorder has the
name and address of each person who submits an oral or written
statement. The officer should also permit the attendees to submit
written statements within a reasonable time, usually two weeks,
following the hearing. The officer should allot a reasonable length of
time at the hearing for receiving oral statements. The officer may
waive any announced time limit at his or her discretion. The hearing
officer may allow those who have not previously indicated a desire to
speak to identify themselves and be recognized only after those who
have previously indicated their intentions to speak have spoken.
(7) Ending or extending a hearing. The hearing officer has the
power to end the hearing if the hearing becomes disorderly, if the
speakers become repetitive, or for other good cause. In any such case,
the hearing officer must make a statement for the record on the reasons
for terminating the hearing. The hearing officer may also extend the
hearing beyond the originally announced date and time. The officer
should announce the extension to a later date or time during the
hearing and prior to the hearing if possible.
(h) Adjourning the hearing. After all persons have had a chance to
speak, when the hearing has culled a representative view of public
opinion, or when the time set for the hearing and any reasonable
extension of time has ended, the hearing officer adjourns the hearing.
In certain circumstances (for example, if the hearing officer believes
it is likely that some participants will introduce new and relevant
information), the hearing officer may justify scheduling an additional,
separate hearing session. If the hearing officer makes the decision to
hold another hearing while presiding over the original hearing he or
she should announce that another public hearing will be scheduled or is
under consideration. The officer gives notice of a decision to continue
these hearings in essentially the same way he or she announced the
original hearing, time permitting. The Public Affairs officer provides
the required public notices and directs notices to interested parties
in coordination with the hearing officer. Because of lead time
constraints, SAF/MIQ may waive Federal Register notice requirements or
advertisements in local publications. At the conclusion of the hearing,
the hearing officer should inform the attendees of the deadline
(usually two weeks) to submit additional written remarks in the hearing
record. The officer should also notify attendees of the deadline for
the commenting period of the Draft EIS.
Patsy J. Conner,
Air Force Federal Register Liaison Officer.
[FR Doc. 94-8574 Filed 4-8-94; 8:45 am]
BILLING CODE 3910-01-P
