Environmental Impact Analysis Process (EIAP)

Federal RegisterApr 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.

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.

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.

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.

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.

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.

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.

(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).

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.

(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.

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.

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).

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

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.

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

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.

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.

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.

(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.

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.

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

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.

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.