MANUAL
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REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
\:
ENVIRONMENTAL PROTECTION AGENCY
Washington, 0. C. 20460
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ENVIRONMENTAL
PROTECTION
AGENCY ADDRESSEE
TRANSMITTAL 2
DATE March 1, 1975
REVIEW OF FEDERAL ACTIONS IMPACTING
THE ENVIRONMENT
1. PURPOSE. This Transmittal issues a revised Manual for providing
policies and procedures for reviewing and commenting on proposed
actions of Federal agencies which will have an impact on the
environment.
2. EXPLANATION OF CHANGE. To reflect current information, policy,
and procedures.
3. FILING INSTRUCTIONS. Post receipt of this Transmittal on the
checklist in front of the Manual, Review of Federal Actions Impacting
the Environment. Remove existing Manual (TN 16^0.1, 11-30-72) and
replace it with this Transmittal.
Alexander J. Greene
Acting Deputy Assistant Administrator
for Administration
DISTRIBUTION: Directives
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CHECKLIST OF EPA TRANSMITTALS
Review of Federal Actions Impacting the Environment
When kept current, this checklist permits the user to see at a glance which transmittals have been filed.
SERIES
NUMBER
/
DATE
V
INI-
TIAL
SERIES
NUMBER
DATE
INI-
TIAL
SERIES
N UMBER
DATE
INI-
TIAL
EPA Form 1315-4 (Rev. 7-73)
PREVIOUS EDITIONS ARE OBSOLETE.
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ENVIRONMENTAL PROTECTION AGENCY
CONTENTS OF CHAPTERS
REVIEW OF FEDERAL ACTIONS IMPACTING
THE ENVIRONMENT
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
CHAPTER CHAPTER
TITLES NUMBERS
POLICY AND RESPONSIBILITIES,
REVIEW AND COORDINATION OF
FEDERAL ACTIONS IMPACTING
THE ENVIRONMENT
PREPARATION,.APPROVAL AND
DISTRIBUTION OF COMMENTS
ON FEDERAL ACTIONS ,
APPENDIX A - INSTRUCTIONS FOR COMPLETING
SECTION 309 ACTIONS LOG
APPENDICES B-I - CONTROL NUMBER CODES
APPENDIX J - CHECKLIST FOR DISTRIBUTION
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 1 - POLICY AND RESPONSIBILITIES
TABLE OF CONTENTS
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
PARAGRAPH
TITLES
PARAGRAPH
NUMBERS
Purpose 1
Background 2
Policy Objective 3
Responsibilities 4
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 1
POLICY AND RESPONSIBILITIES
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
1. PURPOSE. This Manual establishes policies and
procedures for reviewing and commenting on proposed
actions of Federal agencies referred to the Environ-
mental Protection Agency and related environmental
impact statements prepared pursuant to the requirements
of the National Environmental Policy Act of 1969. Also
included in the Manual are provisions for: (a) reviewing
and commenting on other Federal actions pursuant to
Section 309 of the Clean Air Act, as amended;
(b) reviewing and commenting on environmental impact
statements of non-Federal organizations; and
(c) maintaining effective liaison with Federal agencies
which initiate actions subject to EPA review.
2. BACKGROUND.
a. Section 102(2)(C) of the National Environmental
Policy Act of 1969 (Public Law 91-190) requires that
all Federal agencies proposing legislation and other
major actions significantly affecting the quality of
the human environment prepare a detailed statement of
these environmental effects and consult with other
agencies having jurisdiction by law or special expertise
over such environmental considerations.
b. Section 309 of the Clean Air Act, as amended,
requires EPA to review and comment in writing on
the environmental impact of any matter, relating to
the duties and responsibilities granted pursuant to
the Act or other provisions of the authority of the
Administrator, contained in any: (1) legislation pro-
posed by a Federal department or agency, (2) newly
authorized Federal projects for construction and any
major Federal action, other than a project for con-
struction, to which Section 102(2) (C) of Public Law
91-190 applies; and (3) proposed regulations
published by any department or agency of the Federal
Government. Such written comment must be made public
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MANUAL
CHAPTER 1
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POLICY AND RESPONSIBILITIES
at the conclusion of any review. In the event such
legislation, action, or regulation is determined
to be unsatisfactory from the standpoint of public
health, welfare, or environmental quality, the determina-
tion will be published and the matter referred to the
Council on Environmental Quality.
c. The requirements set forth in paragraphs 2. a and 2.b
above are referred to throughout this Manual as the
"section 309 process." The section 309 process combines
the EPA review of proposed legislation and major Federal
actions which are the subject of environmental impact
statements under Section 102(2) (C) of Public Law 91-190
with EPA's Section 309(a)(2) review of newly authorized
Federal projects for construction and any major Federal
actions, other than a project for construction, which
are also subject to Section 102(2) (C) of Public Law
91-190 application. In addition, the section 309
process includes the EPA review of proposed Federal
agency legislation and regulations pursuant to
Sections 309(a)(1) and (3) which are not subject to
environmental impact statements but do result in environ-
mental impact. Finally, the section 309 process includes
the EPA review of newly authorized Federal projects
for construction and any major Federal action other
than a project for construction, which EPA, but not
the originating agency, believes pursuant to Section
309(a)(2) may require an environmental impact statement.
The resulting EPA comment on such an action falls
within the framework of the section 309 process. This
Manual sets forth an orderly section 309 process for
the review of these actions impacting the environment.
3. POLICY OBJECTIVE. EPA policy will be to use the
section 309 process in conjunction with EPA's other
authorities to:
a. Provide technical assistance to Federal, State,
regional and local governmental entities;
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CHAPTER 1
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MANUAL
REVIEW OF FEDERAL
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b. Assist the environmentally-related activities
of EPA and other Federal, State, regional, and local
entities; and
c. Assist Federal agencies in meeting the objectives
of the National Environmental Policy Act.
4. RESPONSIBILITIES.
a. Office of Federal Activities (OFA)
(1) Provides EIS policy guidance to Headquarters
and regional offices and coordinates with them to assure
that EPA responses on EIS's are consistent with policy and
reflect the total environmental responsibilities of EPA.
(2) Maintains overall coordination for review by
Headquarters and regional offices of EIS's submitted
to EPA by other Federal agencies.
(3) Coordinates clearance of Headquarters and
regional office comments on other agencies' EIS's.
(4) Coordinates the preparation of written comments
by Headquarters and regional offices on Federal actions,
other than EIS's, which are reviewed by EPA under the
section 309 process, and coordinates EPA's liaison
with other Federal agencies to identify actions which
should be reviewed.
(5) Acts as signatory office on EIS's and other
major Federal actions in accordance with the requirements
set forth in this Manual.
b. Principal Reviewer. A principal reviewer is an
EPA office whose duties entail the following:
(1) Review of EIS's prepared by other Federal
agencies which have been submitted to EPA for
review and comment and preparation of a formal EPA
response. In carrying out this responsibility, it
ensures the following:
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(a) Understanding of every comment included in
the formal EPA response;
(b) Verification of points made by associate
reviewers who comment;
(c) Determination of the relative importance
of EPA's comments including discarding those comments
of little significance, after discussion of such
comments with the associate reviewer;
(d) Determination of the most appropriate
categorization of the environmental impact of the
proposed action and/or the adequacy of the EIS;
(e) Organization of the comments so that they
provide strong substantiation of the rating assigned;
and
(f) Expression of all comments clearly and
concisely avoiding unnecessary repetition;
(2) Preparation of Section 309 comments, as
appropriate, on other Federal agency.actions relating to
the duties and responsibilities of the Administrator;
(3) Review of EIS's prepared by State, regional,
or local entities when appropriate;
(4) Obtaining comments from associate reviewers
whenever the effects of the action extend beyond the
technical expertise or geographical area of the
principal reviewer;
(5) Signing comments except where the
Administrator, Deputy Administrator, or Director, OFA,
is designated as signatory official under the Manual;
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(6) Distributing comments and, when appropriate,
initiates press releases and other public notifications
for clearance through Headquarters or regional Public
Affairs offices:
(7) Following up EPA comments on EIS's to
assure that EPA's comments are adequately considered
by the originating Federal agency;
(8) Providing pre-impact statement liaison to
other Federal, State, and local agencies regarding
the requirements of Public Law 91-190 and similar
State and local mandates; and
(9) Providing direct assistance to other
agencies relative to the preparation of individual
EIS's.
c. Associate Reviewer. An associate reviewer is
an EPA office whose duties entail the following:
(1) Upon request of the principal reviewer,
reviews EIS's and other Federal actions initiated by
other Federal agencies and submits comments to the
principal reviewer;
(2) Upon the request of the principal reviewer,
provides liaison or interaction with the agency which
initiated the EIS or other Federal action; and
(3) Recommends to the principal reviewer the
most appropriate categorization of the environmental
impact of the proposed action or the adequacy of the
EIS.
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 2 - REVIEW AND COORDINATION OF
FEDERAL ACTIONS IMPACTING
THE ENVIRONMENT
TABLE OF CONTENTS
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
PARAGRAPH „ PARAGRAPH
TITLES NUMBERS
Summary of Chapter 1
Pre-Draft Impact Statement Liaison 2
Providing Guidance to preparers
of Impact Statements 3
Determining Need for Impact
Statements 4
Routing of Impact Statements and
Other Federal Actions 5
Designating Principal Reviewers 6
Establishing Deadlines 7
Reporting and Control . 8
Coordinating Review With Other Offices.. 9
Post Impact Statement Follow-up 10
Figure 2-1. Request for Time
Extension (No Significant
Comments)
Figure 2-2. Request for Time Extension
(Significant Comments
Forthcoming)
Figure 2-3. Section 309 Actions Log
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 2
REVIEW AND COORDINATION OF FEDERAL
ACTIONS IMPACTING THE ENVIRONMENT
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
1. SUMMARY OF CHAPTER. This Chapter sets forth the
section 309 process relating to the review of
environmental impact statements (EIS's) from the
point where EPA effects liaison with other
agencies prior to issuance of an EIS to EPA's
establishing a project monitoring capability after
the final EIS is issued. Similarly, the chapter
sets forth the section 309 process for the review of
other agency actions which impact the environment
but do not require an EIS.
2. PRE-DRAFT IMPACT STATEMENT LIAISON.
a. Within the limits of their resources, EPA
reviewers (hereafter referred to as principal reviewers)
are urged to maintain general pre-draft EIS liaison
with their counterparts in other agencies. This
liaison is necessary for the principal reviewers to
be informed about the EIS's which are being prepared and
is intended to reduce the time required to review each
EIS. Priority should be given to pre-draft EIS liaison
on projects under construction, which are halted
to allow preparation of an EIS. Pre-draft EIS
liaison may consist of any of the following:
(1) Review of an applicant's environmental
report or pre-draft EIS prior to receiving an EIS;
(2) Review of negative declarations prepared
by Federal agencies;
(3) Attendance at Federal agency meetings
where the action is described and the EPA official
has the opportunity to assess the importance of the
action and to provide any input necessary to the
sponsoring agency to identify EPA areas that need
to be considered in the EIS;
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(4) Substantive discussions with Federal agency
officials responsible for a proposed action;
(5) Providing to Federal agency officials
background materials for use in developing an EIS;
(6) Review of former EPA (pre-draft EIS)
program files on a proposed action, e.g. review of a
watershed work plan or water resource project report
and the assessment of the extent to which the project
or EPA's views may have changed since any past review
was made; or
(7) Site visits, especially where a project
presents a significant potential for environmental
disruption of a valuable natural area or is likely to
be an environmentally unsatisfactory action.
3. PROVIDING GUIDANCE TO PREPARERS OF IMPACT STATEMENTS.
Within the limits of their resources,EPA offices may
provide guidance relative to the preparation of individual
EIS's by other agencies. This guidance shall be in
accordance with the limitations set forth in the
following guidelines:
a. Projects selected for providing guidance should
have high national priority, arouse wide public interest,
or present highly significant potential for environmental
damage, or be instances where EPA's early input can
result in substantial improvement in the proposed
action.
b. Guidance should be rendered only in those
areas where this Agency has expertise as related to
EPA's duties and responsibilities.
c. Guidance should be limited to ensuring that
the Federal agency requesting help:
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(1) Clearly recognizes and understands the
environmental impact of the proposed project and the
environmental laws and regulations which apply;
(2) Is fully aware of the alternatives for
ameliorating or solving environmental problems;
(3) Has examined all the reasonable alternatives
to the proposed project and has a full understanding
of the environmental consequences associated with the
alternatives; and /
(4) Will comply fully with the requirements
of Section 102(2) (C) of Public Law 91-190.
d. Federal agencies receiving such guidance shall be
instructed by EPA personnel that such assistance shall
not extend to actual drafting of any portion of the EIS.
e. In providing guidance, EPA personnel should
neither explicitly support nor reject any action that
the requesting agency proposes to describe in its EIS.
f. Prior to providing guidance, EPA personnel
must make clear that prospective comments will be made
on the EIS without constraint.
4. DETERMINING NEED FOR IMPACT STATEMENTS. Whenever a
Headquarters or regional office(hereafter referred
to as the "principal reviewer") ascertains, on the basis
of investigating a public inquiry, reviewing a negative
declaration, assessing conformance with environmental
standards, or other means, that a Federal agency has not
prepared an EIS on a major Federal action which could
result in a significant environmental impact, the
following procedures pertain.
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a. The principal reviewer will consult with the
Federal agency responsible for the major action to
explore the necessity for EIS preparation. Any oral
discussions with the agency by the principal reviewer
will be couched in terms of suggested action for the
Federal agency's consideration rather than as an EPA
determination under Section 309 that an EIS is required.
Contact with CEQ and the Federal agency headquarters
will be made by OFA upon request of the principal
reviewer.
b. If, after such consultation, the principal
reviewer determines that the requirements of Section
102(2) (C) of Public Law 91-190 are applicable, the
Federal agency responsible for the major action will be
apprised of EPA's assessment of the action and the
reasons why the agency should reevaluate its decision
not to prepare an EIS. Correspondence to the Federal
agency relating to EPA's independent determination
that an EIS is needed on an action shall be prepared
in accordance with paragraph 6.a of Chapter 3. If the
major action is currently the subject of court litigation,
the principal reviewer should use discretion in handling
this correspondence in such a manner as not to jeopardize
the legal position of the Federal agency involved.
c. If, after final consultation with EPA, the
responsible Federal agency maintains that the action
being considered is not a major Federal action in the
context of Section 102(2)(C) of Public Law 91-190,
the principal reviewer will initiate a Section 309 review
and prepare comments on the particular action in
accordance with paragraph 6.b.(2) of Chapter 3.
5. ROUTING OF IMPACT STATEMENTS AND OTHER FEDERAL ACTIONS,
Federal, State, and local agencies have been requested
to direct EIS's and other Federal actions, not the
subject of EIS's, to EPA as follows:
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REVIEW OF FEDERAL
ACTIONS IMPACTING
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Action
Legislation
Appropriations
Policy statements,
regulations, and procedures
Directed to
Office of Legislation
Office of Federal Activities
Office of Federal Activities
Major Federal actions which Office of Federal Activities
embody a high degree of
national controversy or
significance or pioneer
Agency policy, or
encompass more than one region.
Major Federal actions of a
regional nature
Water resources project
proposals
Section 10(Rivers and
Harbors Act) or Section 404
(FWPCA) permit actions
State and local impact
statements
Appropriate regional office
Appropriate regional office
Appropriate regional office.
Appropriate regional office
6. DESIGNATING PRINCIPAL REVIEWERS .
a. A regional office will automatically become the
principal reviewer for those EIS's or other Federal
actions it receives from Federal, State, and local
agencies, except where:
(1) The EIS or other Federal action pertains to
an action which is to take place in another region.
In such a case, the EIS or action should be forwarded
directly to the regional office where the action will
take place. This region will then become the principal
reviewer.
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(2) The EIS or other Federal action pertains
primarily to policy, regulations, or procedures
which do not have a geographical focus or overlap
several regions or to an action concerning areas in
which the regional office does not have adequate
technical expertise. In such cases, the EIS or other
Federal action shall be forwarded to the Office of
Federal Activities (OFA) which will make the
appropriate principal reviewer assignment.
(3) The EIS or other Federal action embodies a
high degree of national controversy or significance
or "pioneers" EPA policy. In such cases the EIS or
other Federal action should be forwarded directly to
OFA which will make the appropriate principal reviewer
assignment. A regional or Headquarters office may at
any time request that a particular EIS or other Federal
action be evaluated by OFA to determine who shall be
the principal reviewer.
b. The review of State and local EIS's will be
undertaken at the discretion of the Regional Administrator.
c. EIS's or other Federal actions-received by OFA
will be assigned to principal reviewers as described
below:
Subject or Area
Legislation
Appropriations
Policy statements,
regulations and major
procedures
Major Federal actions
which embody a high
degree of national
controversy or signi-
ficance or pioneer Agency
policy
Principal Review and
Comment Responsibilities
Office of Legislation
Office of Planning and
Management
Office of Federal Activities
or appropriately .designated
office
Office of Federal Activities
or other appropriately
designated office
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7. ESTABLISHING DEADLINES.
a. Federal Agency Draft Impact Statements. EPA
will respond to a draft EIS within 45 days of the
published date of receipt by the Council on Environmental
Quality (CEQ) unless the originating Federal agency
establishes a longer deadline for receiving comments or
a time extension is requested in writing. Weekly
listings of the official CEQ due dates shall be sent
to the regions and appropriate Headquarters offices
by OFA (see paragraph 8.b.(2) of this Chapter).
The principal reviewer will set internal EPA deadlines
to assure release of EPA comments within the allotted
time for EPA review. Problems of intra-regional
delays will be resolved by the Regional Administrator.
Problems of intra-EPA delays will be resolved by OFA.
If the principal reviewer determines EPA cannot meet
the 45-day deadline or the deadline imposed by the
originating Federal agency, an extension may be
requested in writing (aee Figure 2-1 or Figure 2-2).
Principal reviewers shall ensure that requests for
time extensions are submitted to originating agencies
in a timely manner, e.g. whenever possible at least
two weeks before the previous deadline established
by that agency for comments. To the maximum extent
practicable, requests for time extensions should be
limited to critical statements. The extension requested
will normally be for 15 days, although a longer exten-
sion may be requested if the principal reviewer
believes it is necessary. A copy of the letter request-
ing the extension will be forwarded concurrently to
the OFA Section 309 Data Coordinator.
b. Federal Agency Final Impact Statements. The
principal reviewer shall ensure that it is on the dis-
tribution list for final EIS's which shall be reviewed
in accordance with the procedures set forth in
Chapter 3, paragraph 4. Federal agencies will not
initiate administrative action for a minimum of
thirty (30) days from the date CEQ has received the
final EIS and the agency has made the final EIS availa-
ble to commenting entities except under certain
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emergency circumstances. The principal reviewer will
set internal deadlines to assure release of EPA
comments on final EIS's within thirty (30) days of the
date the EIS is received by EPA, including necessary
Headquarters review time if the comments will be
signed by the Administrator (see Chapter 3, paragraph
5.d.)« If this internally set due date falls after
the official CEQ due date (see paragraph 8.b. (2) of
this Chapter), the principal reviewer shall ensure
that CEQ and the originating agency are informed
of the due date established by EPA. The principal
reviewer may request an extension of time but must
realize that at this stage the originating agency is
seeking to initiate its action. For final EIS's rated
ER, EU, or 3 on the draft, OFA shall be notified as
early in the review process as possible of any intent
to comment in order to permit timely notification of
CEQ and the Headquarters of the originating agency that
EPA intends to comment on the final EIS. In addition,
OFA shall be notified of any time extensions granted to
EPA. The OFA staff is available to assist principal
reviewers in requesting time extensions through
Headquarters offices of other agencies.
c. Other Federal Agency Actions. For legislation
proposed by other Federal agencies, EPA will utilize the
legislative clearance process cited in OMB Bulletin
No. 72-6 to establish review deadlines for preparing
Section 309 comments. For regulations proposed by
other Federal agencies, EPA will ensure that review
deadlines are established to conform with the review
period specified by the originating agency in its pro-
posed regulations. In reviewing proposed legislation
or regulations, the principal reviewer will ensure
that all associate reviewers are apprised of the
review deadline. In cases where EPA determines that
an EIS should be prepared on a proposed action, but
the originating agency determines to the contrary
(see paragraph 4.c above), the preparation of written
comments shall be completed within 15 days from the
date EPA renders such determination.
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8. REPORTING AND CONTROL.
a. Logs. OFA will maintain a central log of all
draft and final EIS's and other Federal actions
received from other Federal agencies for review and
comment. Principal reviewers shall submit, by close of
business on each Friday, Section 309 Actions Log (see
Figure 2-3) to the OFA Section 309 Data Coordinator.
In reporting the data, the weekly log shall be
divided into three sections. The first section shall
contain those EIS's or other Federal actions which
were received for review during the reporting period.
The second section shall contain those EIS's or other
Federal actions for which comments were forwarded
to the originating agency during the reporting period.
The third section shall contain those EIS's or other
Federal actions for which time extensions have been
granted during the reporting period. The log shall
reflect only those EIS's or actions for which the
principal reviewer is responsible. The associate
reviewer shall not report any data on its log. The
items on the Section 309 Actions Log shall be
completed in accordance with the instructions set forth
in Appendix A.
b. Reports. The following three reports will be
prepared by OFA to keep EPA officials informed on
EIS's and other Federal actions received for review
and comment and to aid in administering the Agency's
Section 309 process.
(1) Bi-Weekly List of Environmental Impact
Statements and Other Federal Actions Received by EPA.
This report will be generated bi-weekly within OFA and
will be distributed to the Deputy Administrator,
Assistant Administrators, Regional Administrators,
and Director, Office of Legislation. The report will
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include: (a) a listing of all EIS's or other Federal
actions received from another agency during the past
two weeks; (b) the EPA control number; (c) the date on
which EPA's comments are due; and (d) the principal
reviewer.
(2) Weekly Listing of Official CEQ Due Dates.
This report will be generated weekly by OFA and
distributed to the Regional Administrators and appropriate
Headquarters offices, upon request. The report will
include: (a) a listing of all EIS's received by CEQ
during the past week; (b) the official CEQ due date as
published in the Federal Register; and (c) geographical
location.
(3) Bi-Weekly Status Report on Overdue Comments.
This report will be generated bi-weekly within OFA and,
upon request, will be distributed to the Deputy
Administrator, Assistant Administrators, Regional
Administrators, and Director, Office of Legislation.
The report will include: (a) all EIS's for which EPA's
comments to the originating Federal agency are overdue;
and (c) summaries of the number of overdue comments for
which each EPA office is responsible.
9. COORDINATING REVIEW WITH OTHER OFFICES.
a. General. The principal reviewer will be responsi-
ble for obtaining views of other EPA offices. The
principal reviewer will direct major issues as soon
as they are identified to the responsible Assistant
Administrator or Regional Administrator, keeping OFA
informed. Program policy resides with the responsible
Assistant Administrator who will identify major issues
to the Administrator. Regional policy resides with
the responsible Regional Administrator who will bring
major issues to the Administrator's attention.
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b. Water Resource Projects. Water resource
projects should receive close scrutiny in view of EPA's
responsibility to review project reports as well as
associated EIS's. The principal reviewer will assure
that reviews of water resource project proposals and
associated impact statements are mutually supportive,
and that EPA comments on both the project proposal
and the EIS. The principal reviewer must also consider
any technical studies or water quality reviews which
may have been conducted previously by EPA on the
project. Particular attention should be focused
on the compatibility of water resources projects
with water quality plans.
c. Corps of Engineers Permitting and Other Direct
ActionsTEPA provides comments at the public
notice stage, where appropriate, including objections,
on public notices for Corps of Engineers' operations
and maintenance dredging projects and Corps permitting
actions pursuant to section 10 of the Rivers and
Harbors Act of 1899 and section 404 of the FWPCAA of
1972. The principal reviewer shall ensure that the
comments prepared by EPA on these Corps' actions at
the public notice stage are coordinated with the review
and comment on any EIS's prepared on these actions.
For a section 404 permitting action, the principal
reviewer shall also ensure that the need for EPA
enforcement action under the FWPCA (including a determi-
nation pursuant to section 404 (c) of unacceptable adverse
impact) is evaluated during the EIS review period.
10. POST-IMPACT STATEMENT FOLLOW-UP. After completion of
the reviews of an EIS, the principal reviewer is responsi-
ble for conducting post-EIS follow-up where EPA evaluates
the proposed action as reflected in the final EIS to
contain environmental reservations or to be environmentally
unsatisfactory or the final EIS to be unresponsive (see
paragraphs 4 and 5 of Chapter 3). The principal
TN 2 11 CHAP 2
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reviewer shall effect post-EIS liaison by preparing a
plan of action and submitting such plan to OFA for
Headquarters comment and coordination. The plan of
action shall provide an outline of the follow-up
activities the principal reviewer intends to initiate
to monitor whether the originating agency undertakes
actions which have been the subject of such EIS's
in an environmentally protective and sound manner.
In carrying out his post-EIS follow-up responsibilities,
the principal reviewer shall ensure that he coordinates
his activities with appropriate State and local
environmental protection officials and other EPA
officials (e.g. regional or State enforcement officials
for NPDES permitting, regional enforcement officials
for Section 404 enforcement, and regional air program
officials for transportation control strategy compliance
and State implementation plan requirements, etc.).
CHAP 2
PAR 10
12
TN 2
3-1-75
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CHAPTER 2 REVIEW OF FEDERAL
REVIEW AND COORDINATION OF FEDERAL ACTIONS IMPACTING
ACTIONS IMPACTING THE ENVIRONMENT THE ENVIRONMENT
Addressee
Dear
The Environmental Protection Agency has received
the environmental impact statement (Name)
on (Date) Although comments are due
to you from this Agency on (Date) , EPA regrets
that it will not be able to respond within that time.
We do not anticipate that our comments will
raise substantial environmental concerns. Our detailed
comments will be forthcoming by (Date—15 days late)
Sincerely yours,
(Principal Reviewer)
cc: Section 309 Data Coordinator
™ % Figure 2-1. Notice of Time Extension CHAP 2
3~1"75 (Suggested Format)
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REVIEW OF FEDERAL CHAPTER 2
ACTIONS IMPACTING REVIEW AND COORDINATION OF FEDERAL
THE ENVIRONMENT ACTIONS IMPACTING THE ENVIRONMENT
Addressee
Dear
The Environmental Protection Agency received the
nvironmental impact statement (Name)
on (Date) . Although comments are due from
this Agency on (Date) , EPA regrets that it will
not be able to respond by that date. We expect to
respond by (Date--l5 days late) , and we anticipate
that our comments will raise significant questions
as to the environmental impact of the proposed action,
especially with regard to (subject, e.g. water,
air, etc.)
Sincerely yours,
(Principal Reviewer)
cc: Section 309 Data Coordinator
CHAP 2 Figure 2-2. Notice of Time Extension ™ \
(Suggested Format) 3-1-75
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CHAPTER 2
REVIEW AND COORDINATION OF FEDERAL
ACTIONS IMPACTING THE ENVIRONMENT
REVIEW OF FEDERAL
ACTIONS IMPACTING
' THE ENVIRONMENT
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TN 2, Figure 2-3. Section 309
3"1~75 Actions Log CHAP 2
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MANUAL
ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 3. ~ PREPARATION, APPROVAL, AND DISTRI-
BUTION OF COMMENTS ON FEDERAL
ACTIONS THE ENVIRONMENT
TABLE OF CONTENTS
PARAGRAPH PARAGRAPH
TITLES NUMBERS
Content and Organization of EPA
Comments on Draft Impact Statements 1
Approving and Distributing
Comments on Draft Impact
Statements 2
Pre-Final Impact Statement
Consultation 3
Content and Organization
of EPA Comments on
Final Impact Statements 4
Approving and Distributing
Comments on Final Impact
Statements 5
Approving and Distributing
Comments on Other Section 309
Actions 6
Public Notice of Availability of EPA
Comments 7
Records 8
Figure 3-1. Notification of EPA's Classifi-
cation of Comments
Figure 3-2. Form for Submitting Summary
Paragraph for Federal Register
Figure 3-3. Form for Acknowledging No Comments
on Final EIS
TN 2 (3-1-75) i CHAP 3
ORIGINATOR: A-104
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ENVIRONMENTAL PROTECTION AGENCY
CHAPTER 3
PREPARATION, APPROVAL, AND DISTRIBUTION
OF COMMENTS ON FEDERAL ACTIONS
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
1. CONTENT AND ORGANIZATION OF EPA COMMENTS ON DRAFT
IMPACT STATEMENTS .
a. EPA's comments on environmental impact
statements (EIS's) should reflect the total environmental
responsibilities of EPA, especially in those
cases where the basic nature of the EIS indicates a
need for a coordinated multi-program response. EPA.
comments should strive to stimulate appropriate con-
sideration of primary and secondary environmental
effects by other Federal agencies in their decision-
making process. Comments should stress fundamental
environmental issues and should be of a constructive
nature, suggesting, where possible, not only what should
be improved, but also discussing alternatives warranting
consideration.
b. The review of the draft EIS should address both
the environmental impact of the action and the adequacy
of the information presented in the draft EIS. Comments
on the adequacy of the document are to assist the
originating agency in developing a comprehensive impact
analysis in the final EIS.
c. At the draft stage, comments shall be designated
by two notations: categories LO, ER, or EU, which
signify an evaluation of the environmental impact of
the proposed action; and categories 1, 2, or 3, which
signify an evaluation of the adequacy of the draft
EIS. (For example, a comment may be designated
LO-1, etc.) Explanations of the categories are as
follows:
(1) Environmental Impact of the Action.
(a) LO (Lack of Objections). EPA has no
objections to the proposed action as described in the
draft EIS or suggests only minor changes in the proposed
action.
TN 2 (3-1-75) 1 CHAP 3
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(b) ER (Environmental Reservations). EPA
has reservations concerning the environmental effects
of certain aspects of the proposed action as described
in the draft EIS. EPA believes that further study of
suggested alternatives or modifications is required
and has asked the originating Federal agency to reassess
these aspects.
(c) EU (Environmentally Unsatisfactory).
EPA believes that the proposed action is unsatisfactory
because of its potentially harmful effect on the
environment. Furthermore, EPA believes that
the potential safeguards which might be utilized may
not adequately protect the environment from hazards
arising from this action. EPA recommends that
alternatives to the action be analyzed further (includ-
ing the possibility of no action at all).
(2) Adequacy of the EIS.
(a) Category 1 (Adequate). The draft EIS
adequately sets forth the environmental impact of the
proposed action as well as alternatives reasonably
available to the project or action.
(b) Category 2 (Insufficient Information).
EPA believes that the draft EIS does not contain
sufficient information to assess fully the environ-
mental impact of the proposed action. However/ from
the information submitted, EPA is able to make
a preliminary determination of the impact on the
environment. EPA has requested that the originator
provide the information that was not included in the
draft EIS.
(c) Category 3 (Inadequate). EPA believes
that the draft EIS does not adequately assess the
environmental impact of the proposed project or action,
or that the statement inadequately analyzes reasonably
available alternatives. EPA has requested more
information and analysis concerning the potential
environmental hazards and has asked that substantial
revision be made to the draft EIS.
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d. General criteria for the designation of
category EU or 3 are specified below. More
detailed criteria related to these categories for
"project specific" EIS's (i.e., highway projects,
airports, impoundments, etc.) are contained in guide-
lines established by the Office of Federal Activites
(OFA) and published elsewhere.
(1) General Criteria for Category EU. Listed
hereunder are criteria for the "environmentally
unsatisfactory" category (Category EU). Each criterion
will serve as a basis to satisfy the Administrator's
requirement to determine when a proposed project or
action is unsatisfactory from the standpoint of public
health or welfare or environmental quality.
(a) Where it is highly probable that a
violation of standards will occur.
1^ The applicable standards include
Federal, State, and local standards. Federally
promulgated standards include EPA developed environ-
mentally protective regulations or guidelines
(including but not limited to the informational guide-
lines under section 304 (e) of the Federal Water Pollu-
tion Control Act Amendments of 1972 relating to the
identification and evaluation of non-point sources of
pollutants, and under section 404(b) regarding disposal
of dredged or fill material in navigable waters,
including wetlands).
2_ There will be projects which as an
initial step do not violate standards, but inherently
create significant pollution problems in related areas.
If there is a demonstrable connection between the
initial project and future related developments which
create the likelihood of the violation of standards,
this may be a basis for the unsatisfactory determination,
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(b) Where the Federal agency violates its
own substantive environmental requirements which relate
to EPA's areas of jurisdiction or expertise, such as
sections 109 (i) and (j) of the Federal-Aid Highway Act
Amendments of 1970 conditioning approval of highway plans
and specifications upon a determination that noise and
air quality guidelines developed under these sections
are met.
(c) Where there is a violation of an EPA
policy declaration, for example the EPA policy regulat-
ing streamflow prepared pursuant to Section 102(b)(3)
of the Federal Water Pollution Control Amendments of 1972,
(d) Where there are no applicable standards
or where applicable standards will not be violated
but there is potential for significant environmental
degradation which could be mitigated by other feasible
alternatives (not including the no project alternative).
(e) Where there are no applicable standards
or where applicable standards will not be violated
but there is potential for severe environmental
degradation relating to EPA's areas of jurisdiction
or expertise.
(2) General Criteria for Category 3. An EIS
which meets one or more of the following conditions
shall be categorized as "inadequate" (category 3):
(a) The EIS contains insufficient information
to permit a reasonable review of project features
considered in the EIS, including failure to provide
information to permit an evaluation of primary effects
or significant secondary effects, which are covered
by EPA's standards, regulations, or policies.
(b) The EIS fails to consider adequately
important project features which EPA believes have a
significant impact on the environment. This situation
is most likely to occur where an initiating agency is
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attempting to cover a broad class of actions with an
EIS which may not be designed as an overview EIS.
If certain project components are not covered and the
agency's intent is not to prepare subsequent EIS's
on these aspects, the category 3 rating should point
out the features which will be required in subsequent
EIS's and define the types of information which should
be included in the subsequent EIS's. If subsequent EIS's
will not be prepared, then designated information
should be included in the existing EIS.
e. Rating Environmental Impact of a Category 3
Rating. If a draft EIS is assigned a category 3,
ordinarily no rating will be made on the environmental
impact of the proposed project or action, since a basis
does not generally exist on which to make such a determi-
nation. However, when there is a basis for assessing
the environmental impact of a proposed action (e.g.,
independent documents or on-site surveys), such a
rating may be established at the discretion of the
principal reviewer after consultation with OFA.
2. APPROVING AND DISTRIBUTING COMMENTS ON DRAFT
IMPACT STATEMENTS.
a. Categories LO, ER, 1, or 2. For draft EIS's
rated LO, ER, 1, or 2, the comments shall be signed
by the appropriate regional or Headquarters official
and the principal reviewer will make distribution of
EPA's comments in accordance with Appendix J.
b. Categories EU or 3.
(1) Draft EIS comments which the principal
reviewer is contemplating rating EU or 3 shall be
cleared by OFA prior to release. This review will be
effected by forwarding a copy of the proposed comments
to OFA who will then notify the principal reviewer by
telephone upon completion of the Headquarters review.
The principal reviewer shall ensure that OFA is
afforded at least five (5) days to conduct its review
of the proposed comments.
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ON FEDERAL ACTIONS
(2) If there is a disagreement between OFA
and the principal reviewer over the proposed rating
or the appropriate signatory official, the Deputy
Administrator shall determine the rating or the signatory
official. In the process of determining the rating for
an EIS, it may be useful to meet and consult with the
initiating agency to insure that EPA has not mis-
interpreted the issues associated with the EIS.
(3) If EPA comments are to be prepared for
the signature of the principal reviewer or OFA,
distribution will be made directly according to
Appendix J.
(4) If comments are to be prepared for the
signature of the Administrator or Deputy Administrator,
the principal reviewer will prepare an action memorandum
(see EPA Order 1320.2) describing the project, the
substance of the Agency's comments, and any issues
surrounding the project which should be included in
the proposed comment letter. The action memorandum
shall be forwarded to OFA for coordination.
(5) In every case where a draft statement has
been rated EU or 3, the Director, OFA, by letter shall
notify CEQ. In addition, the Director, OFA, by letter
shall notify the head of the originating agency,
when the principal reviewer has commented to a
regional office of the originating agency.
c. Transmittal of Agency Comments.
(1) Any correspondence transmitting comments
to the originating agency will include notification
of the categorization of EPA's comments. When the
alphanumeric code is used its meaning should be
explained (see Figure 3-1). When the principal
reviewer of a draft EIS rates EPA's comments as
LO-2, ER-1, ER-2, EU-1, EU-2, or 3, the Agency's
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comments will include a request for 5 copies (or a number
deemed necessary by the principal reviewer) of the final
EIS to be sent to EPA as soon as it is available. The
principal reviewer may wish to include a requested
distribution list for the final EIS with EPA's comments
in order to speed the final review process. When the
draft EIS is categorized LO-1, the comments will normally
include a request for only 1 copy of the final EIS.
The final EIS will be reviewed according to procedures
set forth in paragraph 4 of this Chapter. OFA will be
notified upon receipt of each final EIS in accordance
with the procedures set forth in paragraph 8.a of
Chapter 2.
(2) The principal reviewer will notify the
originating agency of the categorization of EPA's
comments before the comments are made available to
the public.
3. PREFINAL IMPACT STATEMENT CONSULTATION.
a. General. Efforts should be maintained to follow
up and work with agencies which have submitted draft
EIS's rated categories ER, EU, or 3, so that they are
improved at the final stage. At the request of the
principal reviewer, appropriate Agency personnel shall
meet with officials of the initiating agency to discuss
EPA's comments, to provide additional information, and
to recommend means to improve the proposed action and
supporting EIS. Meetings conducted at the Headquarters
level shall be coordinated by OFA. If an agency requests
an EPA position on a proposed final EIS, the principal
reviewer may acknowledge tentative concurrence or
nonconcurrence with the agency's response to EPA's
comments on the draft EIS. However, care should be taken
to avoid written statements that can be taken as an EPA
"endorsement" of an action or "objection" to an action
on nonenvironmental grounds. Issues which remain
TN 2 7 CHAP 3
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MANUAl CHAPTER 3
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PREPARATION, APPROVAL, AND
DISTRIBUTION OF COMMENTS
ON FEDERAL ACTIONS
unresolved during prefinal EIS consultation shall be
subject to the procedures utilized during review of the
final EIS (see paragraphs 4 and 5 of this Chapter).
b. Soil Conservation Service Watershed Projects.
Opportunities to affect the Soil Conservation Service's
decision making processes are greatest prior to the
issuance of the final EIS. Principal reviewers shall
follow up on comments on Soil Conservation Service draft
EIS's in order to seek project modifications prior to
the issuance of the final EIS.
c. Corps of Engineers' Section 10 and Section 404
Permits. Opportunities to affect the Corps of
Engineers decision making process are greatest prior to
the issuance of the final EIS. Followup on EPA's
comments on draft EIS's relating to permits under
consideration for issuance pursuant to Section 10 of the
Rivers and Harbors Act of 1899 and Section 404 of the
FWPCAA of 1972 is especially important because of the
Administrator's responsibility under Section 404(c).
Principal reviewers should assure that the final EIS
contains sufficient information to provide a basis for
the exercise of the Section 404(c) responsibility.
4. CONTENT AND ORGANIZATION OF EPA COMMENTS ON FINAL
IMPACT STATEMENTS.
a. General. For each draft EIS which was
rated category 2, 3, ER, or EU, the final EIS will be
reviewed to determine whether the statement substantially
resolves the problems surfaced by the draft EIS. The
principal reviewer will consult and coordinate, as
necessary, with other EPA offices (Headquarters and
regional) who reviewed the draft EIS. In reviewing
the final EIS, primary attention should be directed
to substantive issues related to assessing the
environmental impact of the proposed action.
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However, the principal reviewer shall also review
final EIS's where the Agency's draft EIS comments
were rated 2 or 3 to ensure that the originating
agency provides sufficient information for a compre-
hensive review of the final EIS. It is necessary that
the review of the final EIS be effected in an
expeditious manner to ensure that comments generated
by EPA be issued to meet the 30-day deadline
afforded before the initiating agency may take action on
the proposed project. As the result of the review of
the final EIS, the Agency may determine that the
comments fall in one of four areas:
Lack of Objections - The originating agency has
responded satisfactorily to EPA's comments on the
draft EIS and EPA expresses no objections to the
action as proposed. However, it should be emphasized
that this is not an approval or endorsement of the
agency's action by EPA.
Environmental Reservations - The environmental
impact of the proposed action is of sufficient magnitude
so that EPA has environmental reservations concerning
the project. EPA believes that further study of
suggested alternatives or modifications is required
and has asked the originating agency to reassess these
aspects.
Unresponsive Final Impact Statement - EPA has
determined that it is unable to assess the environmental
impact of the proposed action because the final EIS
has not responded to comments made by EPA on the draft
EIS or due to an inadequately prepared final EIS. Such
comments may also be offered if new environmental concerns
have been brought to the EPA's attention since the review
of the draft EIS and the originating agency does not
adequately evaluate these factors in the final EIS.
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Environmentally Unsatisfactory - EPA determines
that the proposed project or action is unsatisfactory
from the standpoint of public health, welfare, or
environmental quality, necessitating a referral of the
project to CEQ. In this respect, the project must
satisfy one or more of the analytical criteria set forth
in paragraph l.d.(1) of this Chapter.
Unlike the requirements for draft EIS, categorical
notations will not be utilized for final EIS's. Instead,
principal reviewers will rely wholly on narrative
explanations to describe the unresponsiveness of the
EIS or the environmental impact of the proposed action.
b. Section 309 Exclusion. The substantive review
of final EIS's by EPA is performed primarily to carry
out the Administrator's responsibility under section
309(b) to determine whether a proposed action is
unsatisfactory from the standpoint of public health,
welfare, or environmental quality and, therefore,
should be referred to CEQ. In the case of Federal
construction projects, the Agency's Section 309(a)(2)
review responsibility and the related authority under
Section 309(b) extends only to "newly authorized Federal
projects for construction" and does not include any con-
struction projects authorized by Congress prior to the
Clean Air Act Amendments dated December 31, 1970.
This distinction does not affect EPA's review of draft
EIS's, and the review of final EIS's for these
"existing" authorized projects for construction shall
be handled under the same procedures and analytical
criteria as for other final EIS's. The only difference
will be for final EIS comment letters which deem the
proposed project or action to be "environmentally
unsatisfactory." In these cases the final EIS comment
letter shall present EPA's substantive comments on
the project but omit any reference to Section 309 or to
a formal determination by the Administrator that the
action is environmentally unsatisfactory.
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5. APPROVING AND DISTRIBUTING COMMENTS ON FINAL
IMPACT STATEMENTS
a. No formal comments issued. If the principal
reviewer determines that EPA has no objections to the
proposed action or project from the standpoint of
public health, welfare, or environmental quality, but
no comments are submitted to the originating agency,
the principal reviewer shall prepare and transmit to
the Director, Office of Federal Activities, a short
memorandum recording his decision (see figure 3-3).
b. Lack of Objections. For those projects for
which the principal reviewer has no objections, the
principal reviewer may prepare and transmit comments
stating EPA's view to the originating agency. In any
case, where written comments are prepared, the principal
reviewer will provide to OFA a brief summary (not to
exceed one paragraph) for publication in the Federal
Register (see figure 3-2) and a copy of the comment
letter.The principal reviewer is encouraged to prepare
written comments to the originating agency when the
agency has made significant modifications or improve-
ments in his proposed action to satisfy the environ-
mental issues raised in the review process. However,
the principal reviewer shall not approve or endorse
any proposed project or action. EPA may also prepare
written comments where EPA has no objections but is aware
that other Federal or State agencies have expressed
strong concerns; in such cases, EPA shall defer to these
agencies in order to prevent EPA's expression of lack of
objections from being construed as "environmental
endorsement" of a proposed project or action. The
principal reviewer will distribute any comments sent to
the originating agency in accordance with Appendix J.
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c. Environmental Reservations. For those projects
for which the principal reviewer has environmental
reservations, the principal reviewer shall prepare
formal comments for transmittal to the originating
agency. In those instances where the principal
reviewer is a regional office, the comments shall be
cleared through OFA and submitted for signature to
the Regional Administrator. Clearance through OFA
shall be achieved by forwarding a copy of the comment
letter to OFA for review prior to signature by the
Regional Administrator. In those instances where
the principal reviewer is a Headquarters office, the
comments are signed by the Director, OFA. Where
comments are signed by the Regional Administrator, the
principal reviewer shall provide OFA a brief summary
(not to exceed one paragraph) for publication in the
Federal Register (see figure 3-2). The Director, OFA,
shall send a courtesy copy of the comment letter to CEQ.
In addition, the Director, OFA, by letter shall notify
the Head of the originating agency, when the principal
reviewer has commented to the regional office of the
originating agency. The principal reviewer shall
distribute the comments sent to the originating agency
in accordance with Appendix J.
d. Unresponsive Final Impact Statement. In those
instances where the principal reviewer has determined the
final EIS is unresponsive, the principal reviewer shall
prepare formal comments for transmittal to the originat-
ing agency. In those instances where the principal re-
viewer is a regional office, the comments shall be cleared
through OFA and submitted for signature to the Regional
Administrator. Clearance through OFA shall be
achieved by forwarding a copy of the comment letter
to OFA prior to signature by the Regional Administrator.
In those instances where the principal reviewer is a
Headquarters office, the comments shall be signed by
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the Director, OFA. Where the comments are signed by the
Regional Administrator, the principal reviewer shall
provide OFA a brief summary (not to exceed one paragraph)
for publication in the Federal Register (see figure 3-2).
The Director, OFA, shall notify CEQ by letter that EPA
was unable to assess the environmental impact of the
proposed project or action due to an unresponsive final
EIS. In addition, the Director, OFA, by letter shall
notify the Head of the originating agency, when the
principal reviewer has commented to the regional office
of the originating agency. The principal reviewer
shall distribute the comments sent to the originating
agency in accordance with Appendix J.
e. Environmentally Unsatisfactory. For those
projects determined by the principal reviewer
to be environmentally unsatisfactory, the principal
reviewer shall prepare formal comments for transmittal
to the originating agency. These comments shall
be prepared for the signature of the Administrator
and shall be coordinated through OFA. However,
before submitting such comments for the Administrator's
consideration, the principal reviewer should seek
to resolve outstanding issues on the.regional
or Headquarters staff level. Where appropriate,
the principal reviewer shall submit to the originating
agency an interim response indicating that EPA
is considering a section 309(b) referral. The
comments by the principal reviewer shall be accompanied
by: (1) a brief summary of the comments (not to
exceed one paragraph) for publication in the Federal
Register (see figure 3-2); (2) a letter to CEQ,
setting forth the basis for EPA's determination;
(3) an action memorandum to the Administrator
outlining the environmental issues and briefly
discussing the liaison with the originating agency
on these issues; and (4) a comment letter to the
TN 2 13 CHAP 3
3-1-75 PAR 5
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MANUAL
CHAPTER 3
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
PREPARATION, APPROVAL, AND
DISTRIBUTION OF COMMENTS
ON FEDERAL ACTIONS
originating agency. If the Administrator determines
that the proposed action is unsatisfactory from
the standpoint of public health, welfare, or environmental
quality, the comments shall be transmitted to
the originating agency and the matter shall be
referred to CEQ. OFA, at this time, will make
distribution of EPA's comments in accordance with
Appendix J and publish the summary of the comments
in the Federal Register.
f. Section 309 Exclusion. For those final
EIS's prepared on Federal construction projects
authorized prior to December 31, 1970, the signatory
authorities and distribution for comment letters
will remain the same as set forth in paragraphs 5.b
thru 5.e of this Chapter. It is emphasized, however,
that there shall be no reference to Section 309
or a formal determination pursuant to Section
309 (b). The authority for this Agency to engage
in preparing these comments is the National Environmental
Policy Act.
6. APPROVING AND DISTRIBUTING COMMENTS ON OTHER
SECTION 309 ACTIONS
a. Pursuant to paragraph 4.b of Chapter 2, EPA
may formally apprise another Federal agency of EPA's
independent determination of the need for an EIS on
the other agency's proposed action. Where the principal
reviewer is the regional office, the Regional
Administrator shall be the signatory official on the
comment letter. Upon transmitting such comments to the
agency, the principal reviewer shall forward to OFA
two copies of the comment letter and a brief summary of
the comments (not to exceed one paragraph) for
publication in the Federal Register. In those cases
where the principal reviewer is a Headquarters office,
the Director, OFA, shall be the signatory official.
CHAP 3 14 ™ 2
PAR 5 3-1-75
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MANUAL
CHAPTER 3
PREPARATION, APPROVAL, AND
DISTRIBUTION OF COMMENTS ON
FEDERAL ACTIONS
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
b. For proposed Federal agency regulations or
legislation or other Federal actions where the originating
agency does not prepare an EIS, if the principal
reviewer determines that it will have no objections to
a Federal agency action if the originating agency
accommodates suggested changes, it will prepare
comments to that agency setting forth EPA's position.
(1) For proposed regulations and proposed
legislation, the principal reviewer shall sign
EPA's comments. Upon transmitting such comments to
the originating agency, the principal reviewer shall
forward to OFA two copies of the comment letter and
a brief summary of the comments (not to exceed one
paragraph) for publication in the Federal Register.
(2) For other Federal actions (see paragraph 4.c
of Chapter 2), where the principal reviewer is
the regional office, the comments shall be cleared through
OFA and submitted for signature by the Regional
Administrator. Clearance through OFA shall be effected
by forwarding a copy of the comment letter to OFA for
review prior to signature by the Regional Administrator.
After signature by the Regional Administrator, the
principal reviewer shall make distribution of EPA's
comments in accordance with Appendix J and provide OFA
with a brief summary (not to exceed one paragraph) for
publication in the Federal Register. Where a
Headquarters office is principal reviewer, the Director,
OFA, shall be the signatory official.
c. If the principal reviewer determines that a
Federal agency action covered by this paragraph is
environmentally unsatisfactory and thereby satisfies
one of the criteria under paragraph l.d of this
Chapter, it will prepare EPA comments on the proposed
action and a draft letter to the Council on Environmental
Quality, for the signature of the Administrator,
setting forth EPA's objections to the proposed action.
The principal reviewer will also submit an action
memorandum to the Administrator explaining EPA's
position. The comments, the draft letter to the
TN z 15 CHAP 3
3-1-75 PAR 6
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MANUAL
CHAPTER 3
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
PREPARATION, APPROVAL, AND
DISTRIBUTION OF COMMENTS
ON FEDERAL ACTIONS
Council on Environmental Quality, and the action
memorandum will be sent to OFA for review and
forwarding action.
7. PUBLIC NOTICE OF AVAILABILITY OF EPA COMMENTS.
(a) To comply with Section 309 of the Clean Air
Act, as amended, the public will be notified of:
(1) The availability of comments for each EIS
or Federal agency action reviewed by EPA;
(2) The general nature of EPA's comments; and
(3) The EPA office from which EPA's comments
may be obtained in each case. (EPA comments signed
by a Regional Administrator will be available to the
public from the appropriate regional office. Comments
signed by an official at Headquarters will be available
to the public from the Office of Public Affairs.)
(b) These objectives will be achieved through the
use of the Federal Register notices and press releases.
Biweekly, a listing of all draft and final EIS's for which
EPA has developed written comments, will be released by
OFA for publication in the Federal Register. In addition,
a listing of final EIS's reviewed but not commented
upon will be published. To assist OFA in preparing the
notices and maintaining a central file, principal
reviewers shall submit to the OFA Section 309 Data
Coordinator the following information on the general
nature of EPA's comments:
(1) For draft and final EIS's, in accordance
with Chapter 2, paragraph 8.a, submit on the weekly log
the classification of comments.
(2) For final EIS's, when a formal comment
letter is sent to the originating agency, immediately
transmit a brief summary of the comments in accordance
with figure 3-2.
CHAP 3 16 TN 2
PAR 6 3-1-75
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MANUAL
CHAPTER 3
PREPARATION, APPROVAL AND
DISTRIBUTION OF COMMENTS ON
FEDERAL ACTIONS
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
(3) For final EIS's, when the final EIS is
reviewed but no formal comments are submitted to the
originating agency, submit a short memorandum for
the record in accordance with figure 3-3.
(4) For other Federal agency actions, where no
EIS is involved, but a formal comment letter is sent to
the originating agency, immediately transmit a brief
summary of the comments in accordance with figure 3-2.
(c) Monthly, OFA will combine previous Federal
Register notices prepared during the past month into
a single notice and forward it to the Council on
Environmental Quality for publication in the CEQ
"102 Monitor." This notice will contain information
identical to that published in the Federal Register.
The timing of the preparation of this notice shall be
coordinated with CEQ so that the notice published in the
"102 Monitor" will contain the most current informa-
tion on EPA comments. Copies of EPA comments will be
available to the news media and the general public
at the time the agency proposing the action has
received EPA comments.
8. RECORDS. The principal reviewer will maintain
a copy of each draft and final EIS he has reviewed,
his comments, and related correspondence in a file for
two years after date of the final EIS comment letter
(or the final EIS, if there is no comment letter on
the final EIS, or draft EIS comment letter, if a final
EIS is not issued). OFA will maintain a computer
listing of all EIS's.
TN 2 17 CHAP 3
3-1-75 PAR 7
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CHAPTER 3
PREPARATION, APPROVAL AND REVIEW OF FEDERAL
DISTRIBUTION OF COMMENTS ACTIONS IMPACTING
ON FEDERAL ACTIONS THE ENVIRONMENT
Addressee
Dear :
The Environmental Protection Agency's comments on
the draft environmental impact statement (Name)
dated , have been classified as
Category , specifically 2/ ___^_
. The classification and
the date of EPA's comments will be published in the
Federal Register in accordance with our responsibility
to inform the public of our views on proposed Federal
actions under Section 309 of the Clean Air Act.
Definitions of the categories are provided on the
attachment. Our procedure is to categorize our comments
on both the environmental consequences of the proposed
action and the adequacy of the impact statement at the
draft stage.
[Substantive Comments]
If you have any questions concerning our categoriza-
tion procedures, please let us know.
Sincerely yours,
(Principal Reviewer)
Attachment
I/As an alternative, the principal reviewer may include
the categorization in the comment letter itself. See
note below.
2/ Some categorizations contain more than one possible
comment (for example, LO may be either "no objections"
or indicative of only "minor changes" suggested). Where
this is the case, the principal reviewer should specify
the appropriate comment.
™ Figure 3-1. Notification of EPA's Classification
of Comments
Page 1 of 2
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CHAPTER 3
REVIEW OF FEDERAL PREPARATION, APPROVAL AND
ACTIONS IMPACTING DISTRIBUTION OF COMMENTS
THE ENVIRONMENT ON FEDERAL ACTIONS
Environmental Impact of the Action
LO—Lack of Objections
EPA has no objections to the proposed action as described
in the draft impact statement or suggests only minor
changes in the proposed action.
ER—Environmental Reservations
EPA has reservations concerning the environmental effects
of certain aspects of the proposed action. EPA believes
that further study of suggested alternatives or modifica-
tions is required and has asked the originating Federal
agency to reassess these aspects.
EU—Environmentally Unsatisfactory
EPA believes that the proposed action is unsatisfactory
because of its potentially harmful effect on the environ-
ment. Furthermore, the Agency believes that the potential
safeguards which might be utilized may not adequately pro-
tect the environment from hazards arising from this
action. The Agency recommends that alternatives to the
action be analyzed further (including the possibility
of no action at all).
Adequacy of the Impact Statement
Category 1—Adequate
The draft impact statement adequately sets forth the
environmental impact of the proposed project or action as
well as alternatives reasonably available to the project
or action.
Category 2—Insufficient information
EPA believes that the draft impact statement does not
contain sufficient information to assess fully the
environmental impact of the proposed project or action.
However, from the information submitted, the Agency is
able to make a preliminary determination of the impact
on the environment. EPA has requested that the originator
provide the information that was not included in the
draft statement.
Category 3—Inadequate
EPA believes that the draft impact statement does not
adequately assess the environmental impact of the pro-
posed project or action, or that the statement inadequately
analyzes reasonably available alternatives. The Agency has
requested more information and analysis concerning the
potential environmental hazards and has asked that sub-
stantial revision be made to the draft statement.
If a draft impact statement is assigned a Category 3,
ordinarily no rating will be made of the project or action,
since a basis does not generally exist on which to make
such a determination.
CHAP 3 Figure 3-1. Notification of EPA's Classification TN 2
of Comments 3-1-75
Page 2 of 2
-------
CHAPTER 3
PREPARATION, APPROVAL AND
DISTRIBUTION OF COMMENTS
ON FEDERAL ACTIONS
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
To be used when formal comments are issued to the
originating Agency on final EIS or other Federal
agency action.
SUBJECT: Summary Paragraph for Federal Register
Publication
FROM: (Region/Program Office)
TO: Section 309 Data Coordinator
Office of Federal Activities, A-104
Title of EIS or Other Federal Agency Action:
Control Number:
_Final Rating
(Computer Code)
(1,2,3,4) (if EIS)
Comment Letter Dated:
SUMMARY PARAGRAPH:
SIGNED BY:
(Principal Reviewer)
TN 2
Figure 3-2. Form for Submitting Summary Paragraph for
Federal Register
CHAP 3
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CHAPTER 3
PREPARATION, APPROVAL AND
DISTRIBUTION OF COMMENTS ™
ON FEDERAL ACTIONS - . . THE ENVIRONMENT _
To be used when no formal comments are issued to the
originating Agency.
MEMORANDUM DATE:
SUBJECT: (Title of EIS)
FROM: (Region/Program Office)
TO: Section 309 Data Coordinator
Office of Federal Activities, A-104
EIS Control Number: Final Rating: ]
/7 Draft EIS was rated LO-1. The final EIS is
therefore deemed adequate and no formal review
necessary.
/ / Draft EIS was rated . Review of the
final EIS has been completed and we have made
no formal comments to the originating Agency.
SIGNED BY:
(Person Reviewing
Final EIS)
iii «.
3-1-75 Figure 3-3. Form for Acknowledging No Comments on CHAP 3
Final EIS
-------
APPENDIX A MANUAL
INSTRUCTIONS FOR COMPLETING
SECTION 309 ACTIONS LOG
(See Figure 2-3)
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Item (1) Dates of Report
The dates shall be inclusive for the one week
reporting period. These dates must appear on the log
sheet to enable OFA to keep a chronological file of
weekly reports for each region.
Item (2) Office
The regional or Headquarters office shall be
identified.
Item (3) Control Number
Upon receipt of an EIS or action from the
initiating agency, the principal reviewer will assign
a control number. In cases where there is distribution
by an agency to more than one office, the offices
should coordinate the logging of the control number.
Normally, the principal reviewer will assign the
control number. Under this system each office shall
assign and keep track of the sequential numbers used in
each subject area so that the control numbers remain
unique for the office. For a final EIS, the same
control number shall be assigned as was assigned to the
draft EIS. However, the type of action should be
changed from "D" to "F."
The control number should be prepared in
accordance with the following format:
TN 2^A-l
3-1-75
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MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
APPENDIX A
INSTRUCTIONS FOR COMPLETING
SECTION 309 ACTIONS LOG
(See Figure 2-3)
AA-FFF.-CSSNM-
\T \TT
Action \ \ \
1 M \
Federal\ \
Agency \ \
\ \ \
Coder
Subject*
Sequential
Number!
Location
This number consists of:
(a) The type of action being entered
(See Appendix B);
(b) The agency submitting the action for
review (See Appendix C). The code
for the subagency which submitted the
EIS or action shall be utilized rather
than the agency code;
(c) The office responsible for providing the
control number (See Appendix D);
(d) The subject code of the action (See
Appendix E)•
(e) The sequential number of the action
within each subject code; and
(f) The State/Territory in which the proposed
action will take place. (See Appendix F).
The following are examples of how the control
numbers are derived:
A-2
TN 2
3-1-75
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APPENDIX A
INSTRUCTIONS FOR COMPLETING
SECTION 309 ACTIONS LOG
(See Figure 2-3)
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Example 1: The Federal Highway Administration submits a
draft EIS for a proposed road construction
project located in Pennsylvania to Region III
on or about July 2, 1974. This is the first
road construction EIS received by Region III
since the new coding system was initiated.
Control Number = D-FHW-D40001-PA
Example 2; The Corps of Engineers submits a draft EIS
for a proposed dam construction (flood control)
project in Louisiana to Region VI on or about
September 1, 1974. This is the sixth flood
control EIS received by Region VI since
July 1, 1974.
Control Number = D-COE-G36006-LA
Example 3; For the example shown in Example 1, the
Federal Highway Administration files a final
EIS with Region III for the proposed road
construction project on July 1, 1975.
The EIS control number, for this EIS should
be the same as the number shown in Example 1,
except the "D" for draft EIS should be
changed to an "F" for the final EIS.
Control Number = F-FHW-D40001-PA
Item (4) Date of EIS
The date recorded on the EIS or action itself
shall be identified here.
Item (5) Date Recorded
The actual date the EIS or action was
received by the principal reviewer shall be shown here.
TN 2
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A-3
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MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
APPENDIX A
INSTRUCTIONS FOR COMPLETING
SECTION 309 ACTIONS LOG
(See Figure 2-3)
Item (6) Title of Statement
The full title of the EIS or action as shown
on the statement itself shall be included. This shall
include the county in which the action is located.
No abbreviations shall be used. There must be a full
and accurate title to report to the Federal Register.
No preliminary or State EIS's shall be included since
they are not recorded in the computer.
Item (7) Due Date
The date the comments are due shall be
recorded only when the official CEQ date has been
received or a longer review time has been granted by
the originating agency. Otherwise, this record
will be completed by OFA. A report of all overdue
comments is taken from this column (see item (10)
"Remarks").
Item (8) Date of Comments
The date the comments were signed and sent
out of the principal reviewer's office shall be
recorded here.
Item (9) Codes
This column shall be used to show:
(a) The classification of draft EIS
comments (see Appendix G) forwarded
by a principal reviewer to the
originating agency.
(b) The computer codes of final EIS comments
(see Appendix H) forwarded by a
principal reviewer to the originating
agency.
A-4
TN 2
3-1-75
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MANUAL
APPENDIX A
INSTRUCTIONS FOR COMPLETING
SECTION 309 ACTIONS LOG
(See Figure 2-3)
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
(c) For draft EIS's, the applicable code
from Appendix I which indicates the type
of pre-draft EIS liaison upon receipt
of the draft EIS (e.g.^when entered
under the first section of the log).
Item (10) Remarks
(a) For received EIS's where the due date has
been recorded, the principal reviewer
shall indicate whether it was derived
from the official CEQ due date or as
the result of an extended review time
granted by the originating agency.
(b) Any information deemed necessary for
clarification of a particular problem
shall be indicated.
TN 2 A_5
3-1-75
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APPENDIX B
ACTION TYPE CODES
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Action Type
Federal action
No EIS
Federal action with
Negative Declaration
Major Federal action with
Draft EIS
Major Federal action with
Final EIS
Federal Agency NEPA
Guidelines
Proposed Legislation
No EIS
Proposed Legislation with
Draft EIS
Proposed Legislation with
Final EIS
Proposed Regulations
No EIS
Proposed Regulations with
Draft EIS
Proposed Regulations with
Final EIS
Preliminary Proposed Regulations
Supplemental (Revised) Draft EIS
Supplemental (Revised) Final EIS
Code
A
N
D
LD
LF
RD
RF
PR
DS
FS
TN 2
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APPENDIX C
AGENCY CODES
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
CODE
ACH
ACT
AID
DOA
ASC
AFH
AFS
REA
SCS
ABM
ARE
ARC
AOC
AEC
CIA
CAB
CSC
DOC
EDA
MAR
NOA
NTR
CPR
FCR
NER
OWR
ORC
PNR
UGL
UMR
CPS
CCR
CAS
CLC
CEQ
CIE
DOD
AGENCY
ADVISORY COUNCIL ON HISTORIC PRESERVATION
ACTION
AGENCY FOR INTERNATIONAL DEVELOPMENT
AGRICULTURE, DEPARTMENT OF
AGRICULTURE STABILIZATION & CONSERVATION
SERVICE
FARMERS' HOME ADMINISTRATION
FOREST SERVICE
RURAL ELECTRIFICATION ADMINISTRATION
SOIL CONSERVATION SERVICE
AMERICAN BATTLE MONUMENTS COMMISSION
AMERICAN REVOLUTION BICENTENNIAL COMMISSION
APPALACHIAN REGIONAL COMMISSION
ARCHITECT OF THE CAPITOL
ATOMIC ENERGY COMMISSION (Superseded by
ERD and NRC)
CENTRAL INTELLIGENCE AGENCY
CIVIL AERONAUTICS BOARD
CIVIL SERVICE COMMISSION
COMMERCE, DEPARTMENT OF
ECONOMIC DEVELOPMENT ADMINISTRATION
MARITIME ADMINISTRATION
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
NATIONAL TERRAIN RESOURCES REVIEW
COMMISSION
COASTAL PLAINS REGIONAL COMMISSION
FOUR CORNERS REGIONAL COMMISSION
NEW ENGLAND REGIONAL COMMISSION
OLD WEST REGIONAL COMMISSION
OZARKS REGIONAL COMMISSION
PACIFIC NORTHWEST REGIONAL COMMISSION
UPPER GREAT LAKES REGIONAL COMMISSION
UPPER MISSISSIPPI RIVER BASIN COMMISSION
CONSUMER PRODUCT SAFETY COMMISSION
COMMISSION ON CIVIL RIGHTS
COST ACCOUNTING STANDARDS BOARD
COST OF LIVING COUNCIL
COUNCIL ON ENVIRONMENTAL QUALITY
COUNCIL ON INTERNATIONAL ECONOMIC POLICY
DEFENSE, DEPARTMENT OF
TN 2
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C-l
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MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
APPENDIX C
AGENCY CODES
CODE
DCP
DCA
DIA
DMA
DMA
DSA
JCS
UAF
USA
COE
USN
DRB
DCG
RLA
ERD
EEO
EIB
FCA
FCC
FDI
FEA
FHL
FJC
FLR
FMC
MCS
FPC
FPR
FRS
SAC
FTS
GAO
GSA
GPO
HEW
AGENCY
DEFENSE CIVIL PREPAREDNESS AGENCY
DEFENSE COMMUNICATIONS AGENCY
DEFENSE INTELLIGENCE AGENCY
DEFENSE MAPPING AGENCY
DEFENSE NUCLEAR AGENCY
DEFENSE SUPPLY AGENCY
JOINT CHIEFS OF STAFF
U.S. AIR FORCE
U.S. ARMY
CORPS OF ENGINEERS
U.S. NAVY
DELAWARE RIVER BASIN COMMISSION
DISTRICT OF COLUMBIA GOVERNMENT
DISTRICT OF COLUMBIA REDEVELOPMENT
LAND AGENCY
ENERGY RESEARCH & DEVELOPMENT ADMINISTRATION
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EXPORT-IMPORT BANK
FARM CREDIT ADMINISTRATION
FEDERAL COMMUNICATIONS COMMISSION
FEDERAL DEPOSIT INSURANCE CORPORATION
.FEDERAL ENERGY ADMINISTRATION
FEDERAL HOME LOAN BANK BOARD
FEDERAL JUDICIAL CENTER
FEDERAL LABOR RELATIONS BOARD
FEDERAL MARITIME COMMISSION
FEDERAL MEDIATION AND CONCILIATION SERVICE
FEDERAL POWER COMMISSION
FEDERAL PROPERTY REVIEW BOARD
FEDERAL RESERVE SYSTEM
FEDERAL SAFETY ADVISORY COUNCIL
FEDERAL TRADE COMMISSION
GENERAL ACCOUNTING OFFICE
GENERAL SERVICES ADMINISTRATION
GOVERNMENT PRINTING OFFICE
HEALTH, EDUCATION, AND WELFARE, DEPARTMENT OF
C-2
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APPENDIX C
AGENCY CODES
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
CODE
FDA
HSM
NIH
OEH
PHS
HUD
FHA
DAA
IND
DOI
BIA
BLM
IBM
BOR
IBR
SFW
MES
NPS
OCR
OWT
IGS
IAF
IBW
ICC
JPA
JUS
LAB
OSH
LOG
NAS
NCH
NCP
NCU
FAH
LRB
NMB
AGENCY
FOOD AND DRUG ADMINISTRATION
HEALTH SERVICE AND MENTAL HEALTH
ADMINISTRATION
NATIONAL INSTITUTE OF HEALTH
OFFICE OF EDUCATION
PUBLIC HEALTH SERVICE
HOUSING AND URBAN DEVELOPMENT, DEPARTMENT OF
FEDERAL HOUSING ADMINISTRATION
FEDERAL DISASTER ASSISTANCE ADMINISTRATION
INDIAN CLAIMS COMMISSION
INTERIOR, DEPARTMENT OF
BUREAU OF INDIAN AFFAIRS
BUREAU OF LAND MANAGEMENT
BUREAU OF MINES
BUREAU OF OUTDOOR RECREATION
BUREAU OF RECLAMATION
FISH AND WILDLIFE SERVICE
MINING ENFORCEMENT AND SAFETY
ADMINISTRATION
NATIONAL PARK SERVICE
OFFICE OF COAL RESEARCH
OFFICE OF WATER RESEARCH AND TECHNOLOGY
U.S. GEOLOGICAL SURVEY
INTERAMERICAN FOUNDATION
INTERNATIONAL BOUNDARY AND WATER COMMISSION
INTERSTATE COMMERCE COMMISSION
JOINT FEDERAL-STATE LAND USE PLANNING
COMMISSION FOR ALASKA
JUSTICE, DEPARTMENT OF
LABOR, DEPARTMENT OF
OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
LIBRARY OF CONGRESS
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
NATIONAL CAPITAL HOUSING AUTHORITY
NATIONAL CAPITAL PLANNING COMMISSION
NATIONAL CREDIT UNION ADMINISTRATION
NATIONAL FOUNDATION ON ARTS AND HUMANITIES
NATIONAL LABOR RELATIONS BOARD
NATIONAL MEDIATION BOARD
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MANUAL
APPENDIX C
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
AGENCY CODES
CODE AGENCY
NSF NATIONAL SCIENCE FOUNDATION
NSC NATIONAL SECURITY COUNCIL
NTS NATIONAL TRANSPORTATION SAFETY BOARD
NVC NATIONAL VISITORS CENTER ADVISORY
COMMISSION
NRC NUCLEAR REGULATORY COMMISSION
OEO OFFICE OF ECONOMIC OPPORTUNITY
OTA OFFICE OF TECHNOLOGY ASSESSMENT
ORB OHIO RIVER BASIN COMMISSION
PNW PACIFIC NORTHWEST RIVER BASIN COMMISSION
PCC PANAMA CANAL COMPANY
PAD PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
PRC POSTAL RATE COMMISSION
UPS POSTAL SERVICE, U.S.
SEC SECURITIES AND EXCHANGE COMMISSION
SSS SELECTIVE SERVICE SYSTEM
SBA SMALL BUSINESS ADMINISTRATION
SMI SMITHSONIAN INSTITUTION
STA. STATE, DEPARTMENT OF
SLS . ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SRB SUSQUEHANNA RIVER BASIN COMMISSION
TFC TARIFF COMMISSION, U.S.
TVA TENNESSEE VALLEY AUTHORITY
DOT TRANSPORTATION, DEPARTMENT OF
CGD COAST GUARD, U.S.
FAA FEDERAL AVIATION ADMINISTRATION
FHW FEDERAL HIGHWAY ADMINISTRATION
FRA FEDERAL RAILROAD ADMINISTRATION
UMT URBAN MASS TRANSPORTATION ADMINISTRATION
TRE TREASURY, DEPARTMENT OF THE
ACD U.S. ARMS CONTROL AND DISARMAMENT AGENCY
UIA U.S. INFORMATION AGENCY
RWA U.S. RAILWAY ASSOCIATION
VAD VETERANS ADMINISTRATION
WRC WATER RESOURCES COUNCIL
C-4 TN TN 2
3-1-75
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MA
APPENDIX D REVIEW 0
ACTIONS
CODING DESIGNATOR THE ENV
NUAL
F FEDERAL
IMPACTING
IRONMENT
OFFICE CODE
Headquarters A
Region
Region
Region
Region
Region
Region
Region
Region
Region
Region
I B
II C
III D
IV E
V F
VI G
VII H
VIII J
IX K
X L
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APPENDIX E
CONTROL NUMBERS—SUBJECT CODE
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Energy
(KJ001-00999
AEC Nuclear Development
(e.g. fuel, reactors)
Mining
Natural Gas & Oil:
drilling & exploration
transportation, pipeline, storage
Power:
hydroelectric
nuclear (e.g. AEC, TVA)
fossil
transmission
other
Military & Space
10000-.L9999
Defense Systems
Military Installations
Space Programs
Water Supply, Waste Disposal and Pollution
Control Systems
20000-28999
Hazardous and Toxic Substance Disposal
Munition Disposal
Radioactive Waste Disposal
Pesticides and Herbicides Disposal
Sewage Treatment & Sewerage Facilities
Solid Waste Management
Industrial Wastewater Facilities; Mine
Pollution Control
Air Pollution Control
Municipal and Industrial Water Supply
Systems (except multi-purpose
impoundments)
00001-00999
p_1000-0_1999
02000-02999
03000-03999
05000-05_999
06000-06_999
07000-OJ7999
08000-0£999
09000-09999
10000-10999
13^000-1^999
12000-12999
20000-
2JJJOO-
22000-
23000-
2TOOO-
25000-
26000-
•2_0_999
•2^999
22999
•23999
•2T999
•25999
•26999
27000-27999
2TOOO-28"999
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MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
APPENDIX E
CONTROL NUMBERS--SUBJECT CODE
Water Resource Development
30000-39999
Beach Erosion, Hurricane Protection
Irrigation, Desalination of Return
Flows, Agricultural Water Supply
Navigation
Multi-purpose Impoundments
Dredge and Fill
Watershed Protection & Flood Control
Drainage
Other Water Projects
Transportation
40000-54999
Roads
Bridg^ Permits
Airports
Aircraft, Ships & Vehicles
Railroads
Mass Transit
Land Use
6_0_000-69999
Land Acquisition or Disposal
Parks, Recreation Areas,
Wilderness Areas, National Seashores
Wildlife Refuges, Fish Hatcheries
Forestry and Range Management
Mining (non-energy)
Special Development
(Expos, Bicentennials, Olympics, etc.)
Other
80000-99999
Buildings, Federally Licensed or
Assisted (including production
facilities)
Buildings for Federal Use
Pesticides, Herbicides Use
Weather Modification and Methodology
Research & Development (not
already covered)
3_0000-30999
31000-3T999
32000-
34000-
35000-
TeTooo-
38000-
39000-
40000-
50000-
51000-
57000-
53000-
54000-
•33999
34_999
•35999
•17999
•38999
•39999
•49999
51T999
•5T999
•BT999
•53999
•54999
60000-6£999
6^000-6^3999
6_4_000-6£999
65000-66999
67000-68999
69000-69999
80000-80999
81000-81999
82000-82999
F3000-fT999
84000-84999
E-2
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APPENDIX E
CONTROL NUMBERS--SUBJECT CODE
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Housing, New Communities
Regulatory Activities (not already
covered)
Procurement (not already covered)
Noise Control
Urban Programs (not already covered)
Wetlands, Estuary and Ocean Use
Miscellaneous
85_000-85999
86000-86999
87^000-
88000-
83000-
90000-
91000-
•87999
88999
8J999
90999
•99999
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APPENDIX F
CONTROL NUMBERS--STATE/TERRITORY CODE
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Region I
Maine ME
New Hampshire NH
Vermont VT
Massachusetts MA
Connecticut CT
Rhode Island RI
Region II
New York NY
New Jersey NJ
Puerto Rico PR
Virgin Islands VI
Region III
Pennsylvania PA
Maryland MD
Delaware DE
West Virginia WV
Virginia VA
District of DC
Columbia
Region IV
Kentucky KY
North Carolina NC
South Carolina SC
Georgia GA
Florida FL
Alabama AL
Tennessee TN
Mississippi MS
Canal Zone CZ
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MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
APPENDIX F
CONTROL NUMBERS—STATE/TERRITORY CODE
Region X
Washington
Oregon
Idaho
Alaska
WA
OR
ID
AK
Region V
Michigan MI
Wisconsin WI
Illinois IL
Indiana IN
Ohio OH
Minnesota MN
Region VI
New Mexico NM
Oklahoma OK
Arkansas AR
Texas TX
Louisiana LA
Region VII
Nebraska NB
Iowa IA
Kansas KS
Missouri MO
Region VIII
Montana MT
North Dakota ND
South Dakota SD
Wyoming WY
Utah UT
Colorado CO
Region IX
California CA
Nevada NV
Arizona AZ
Hawaii HI
American Samoa AS
Guam GU
Trust Territory TT
of the Pacific
Islands
Wake Island WK
Projects with multi-state or unidentified location — 00
p
*
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APPENDIX G
DRAFT COMMENT CODES
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Comment
LO-1
LO-2
3
ER-1
ER-2
ER-3
EU-1
EU-2
Code
L01
L02
3
ER1
ER2
ER3
EU1
EU2
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APPENDIX H
FINAL COMMENT CODES
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
No Comment 1
Comments Sent to Agency/No 2
Objections Expressed
Environmental Reservations 3
Comments Referred to Agency
Environmentally Unsatisfactory 4
Comments Referred to CEQ
Unresponsive Final Impact Statement 5
Environmental Reservations Comments 6
where Section 309 Exclusion
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APPENDIX I
CODES FOR PRE-EIS LIAISON ACTIVITY
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Code - Definition
A - No pre-EIS liaison of any kind on this project,
Codes B, C, D, E, or F indicate one, but only one,
form of pre-EIS liaison activity for this project.
B - Review of an applicant's environmental report
or pre-draft EIS prior to receiving an EIS, if
such review is substantive and adequate to
identify areas of particular concern to EPA
and if areas of concern where the preliminary
analyses are deficient are pointed out to the
sponsoring Federal agency;
C - Attendance at Federal agency meetings where the
action is described and the EPA official has
the opportunity to assess the importance of the
action and to provide an input necessary to the
sponsoring agency to identify EPA areas that
need to be considered in the EIS;
D •» Substantive discussion with Federal agency of
a proposed action;
E - Providing to the Federal agency background
materials for use in developing an EIS, to the
extent that this assistance is related to a
specific EIS;
F *- Review of former EPA (pre-EIS) program files
on a proposed action, specifically, review of
a watershed work plan or water resources
project report, and assessment of the extent to
which the project or EPA's views may have
changed since the original review was made.
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MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
APPENDIX I
CODES FOR PRE-EIS LIAISON ACTIVITY
Codes G through R indicate more than one form of
pre-EIS liaison for this project.
G
H
J
K
L
M
N
P
Q
R
B + C
B + D
B + E
B + F
C + D
C + E
C + F
D + E
D + F
E + F
Codes S, T, or U indicate more than two forms of
pre-EIS liaison for this project.
S - 3 forms
T - 4 forms
U - 5 forms
1-2
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APPENDIX J
CHECKLIST FOR PRINCIPAL REVIEWER
DISTRIBUTION OF AGENCY COMMENTS ON
IMPACT STATEMENTS
MANUAL
REVIEW OF FEDERAL
ACTIONS IMPACTING
THE ENVIRONMENT
Addressee
Agency submitting statement
Council on Environmental Quality
Attn: Editor "102 Monitor"
Public Affairs Division of
appropriate regional office
(if principal reviewer is
a regional office)
(include control number)
EPA offices which served as
associate reviewers
Office of Federal Activities
Attn: Section 309 Data
Coordinator
Office of Water Planning and
Standards
Attn: Planning and Standards
Branch
Appropriate State Agencies
Number of Copies
Original and one copy
5 Copies
1 Copy
1 Copy to each Head-
quarters office
3 Copies to each
regional office
2 Copies
1 Copy (for water
resources projects
only)
1 Copy each
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