September 7, 1972 INTER-AGENCY REVIEW OF DRAFT ENVIRONMENTAL STATEMENTS 1. Draft environmental statements are to be circulated to appropriate Federal, State, and local agencies. State and local agency review comments will be solicited from State, regional, and metropolitan clearinghouses. Federal agencies are those having jurisdiction by law or special expertise with respect to any environmental impact involved. 2. Careful attention should be given to the selection of agencies having jurisdiction by law or special expertise in an anticipated impact to avoid the unnecessary solicitation of agencies. Appendix II to CEQ's guidelines published in the April 23, 1971, Federal Register (copy attached) lists agencies with their respective areas of jurisdiction by law or special expertise. A majority of the areas are the concern of the Departments of Housing and Urban Development, the Interior, Agriculture, and the Environmental Protection Agency. 3. The Department of Housing and Urban Development (HUD) generally deals with urban aspects of historic and archeological sites, flood plains and watersheds, parks, forests, outdoor recreation, noise, congestion, low-income neighborhoods, and urban planning. Draft environmental statements in urban areas and all draft combination environmental/Section 4(f) statements should be furnished to HUD for comment. a. It is desirable to develop a written understanding with the regional office of HUD about which rural statements it wishes to review. HUD has delegated review of environmental statements to its regional offices. 4. The Department of the Interior has an interest in several environmental impact areas, including energy transmission, land use, historic and archeological sites, flood plains and watersheds, parks, forests, outdoor recreation, erosion, urban congestion, low-income neighborhoods, urban planning, rivers, canals, stream control, and wildlife. It may be advantageous to include the Department of the Interior in the mailing list for all draft environmental statements. 5. The Department of Agriculture is oriented towards rural matters. It has an interest in rural electrical energy transmission, toxins, pesticides, herbicides, land use, flood plains, watersheds, parks, forests, outdoor recreation, erosion, rivers, canals, stream control, and wildlife. Accordingly, it should be furnished draft statements on rural highway sections. 6. Appendix G (Refer to Paragraphs 2c, 2d, 6c and 6d) The Environmental Protection Agency (EPA) has jurisdiction by law or expertise in all major Federal actions significantly affecting the environment. The EPA should be furnished five copies of all draft statements. Comments should be solicited under both Section 102(2)(C) of the National Environmental Policy Act and Section 309 of the Clean Air Act of 1970. 7. The Department of the Army, Office of the Chief of Engineers (Corps of Engineers), is interested in land use and management (coastal areas and navigable waters), flood plains and watersheds, soil and plant life, transportation (harbors, channels, inlets, inland waterways, locks and dams, dredged spoil disposal), and water quality and pollution control. Early coordination is the best guide in determining if the Corps of Engineers has an interest in commenting on the highway section. This early coordination will establish which projects will subsequently require a Corps of Engineers permit. 8. Other agencies, that should be consulted and furnished a copy of the draft environmental statements for comment, will usually be identified during early coordination. 9. Other administrations within the Department of Transportation will need to be solicited for comment in some cases such as a proposed highway section with a bridge over navigable water that requires a permit from the Coast Guard. The administration from which comments are sought (preferably local offices) may be contacted directly by the HA. 10. In its letter asking an agency for comment on any anticipated environmental impacts for which the agency has jurisdiction by law or special expertise, it is suggested that the HA identify which impacts described in the statement the HA would specifically wish discussed. The Federal agency should be asked to comment on each alternative and, if it desires, state a preference and reasons therefor. When the HA places a time limit on the commenting period, the Federal agencies are to be advised at the time comments are solicited and should be informed that if no comments are received within that time period, the HA will assume that the review agency has no comments to offer. The HA should clearly indicate where responding agencies are to return their comments. September 7, 1972 Appendix G 7727 7724 COUNCIL ON ENVIRONMENTAL QUALITY STATEMENTS ON PROPOSED FEDERAL ACTIONS AFFECTING THE ENVIRONMENT Guidelines APPENDIX II-FEDERAL AGENCIES WITH JURISDICTION BY LAW OR SPECIAL EXPERTISE TO COMMENT ON VARIOUS TYPES OF ENVIRONMENTAL IMPACTS AIR Air Quality and Air Pollution Control Department of Agriculture Forest Service (effects on vegetation). Department of Health, Education, and Welfare (Health aspects). Environmental Protection AgencyAir Pollution Control Office. Department of the Interior Bureau of Mines (fossil and gaseous fuel combustion). Bureau of Sport Fisheries and Wildlife (wildlife). Department of Transportation Assistant Secretary for Systems Development and Technology (auto emissions). Coast Guard (vessel emissions). Federal Aviation Administration (aircraft emissions). Weather Modification Department of Commerce Nationa! Oceanic and Atmospheric Ad ministration. Department of Defense Department of the Air Force. Department of the Interior Bureau of Reclamation. Department of Health, Education, and Wel fare (Health aspects). Department of the Interior Bureau of Sport Fisheries and Wildlife. Bureau of Reclamation. Transportation and Handling of Hazardous Materials Department of Commerce Maritime Administration. National Marine Fisheries Service. National Oceanic and Atmospheric Administration (impact on marine life). Department of Defense Armed Services Explosive Safety Board. Army Corps of Engineers (navigable waterways). Department of Health, Education, and Welfare Office of the Surgeon General (Health aspects). Department of Transportation Federal Highway Administration Bureau of Motor Carrier Safety. Coast Guard. LAND USE AND MANAGEMENT Coastal Areas: Wetlands, Estuaries, Waterfowl Refuges, and Beaches Department of Agriculture Forest Service. Department of Commerce National Marine Fisheries Service (impact on marine life). National Oceanic and Atmospheric Administration (impact on marine life). Department of Transportation Coast Guard (bridges, navigation). Department of Defense Army Corps of Engineers (beaches, dredge and fill permits. Refuse Act permits). Department of the Interior Bureau of Sport Fisheries and Wildlife. U.S. Geological Survey (coastal geology). Bureau of Outdoor Recreation (beaches). Department of Agriculture Soil Conservation Service (soll stability, hydrology). Environmental Protection Agency- Historic and Archeological Sites National Park Service. Advisory Council on Historic Preservation. FEDERAL REGISTER, VOL. 36, NO. 79-FRIDAY, APRIL 23, 1971 Appendix G September 7, 1972 7728 Department of Housing and Urban Development (urban areas). Flood Plains and Watersheds Department of Agriculture Agricultural Stabilization and Research Soul Conservation Service. Department of the Interior Bureau of Outdoor Recreation. Bureau of Sport Fisheries and Wildlife. U.S. Geological Survey. Department of Housing and Urban Development (urban areas). Department of Defense Army Corps of Engineers. Mineral Land Reclamation Appalachian Regional Commission. Forest Service. Department of the Interior Bureau of Mines. Bureau of Outdoor Recreation. Bureau of Sport Fisheries and Wildlife. Bureau of Land Management. Tennessee Valley Authority. Parks, Forests, and Outdoor Recreation Department of Agriculture- Boll Conservation Service. Bureau of Land Management. Bureau of Outdoor Recreation. Bureau of Sport Fisheries and Wildlife. Department of Defense Army Corps of Engineers. Department of Housing and Urban Development (urban areas), Soil and Plant Life. Sedimentation, Erosion and Hydrologic Conditions Department of Agriculture- Agricultural Research Service. Department of Defense Army Corps of Engineers (dredging, aquatic plants). Department of Commerce National Oceanic and Atmospheric Administration. Department of the Interior Bureau of Land Management. Bureau of Sport Fisheries and Wildlife. Bureau of Reclamation. NOISE Noise Control and Abatement Department of Health, Education, and Welfare (Health aspects). Department of Commerce National Bureau of Standards. Department of Transportation Assistant Secretary for Systems Development and Technology. Federal Aviation Administration (Office of Noise Abatement). Environmental Protection Agency (Office of Noise). Department of Housing and Urban Development (urban land use aspects, building materials standards). PHYSIOLOGICAL HEALTH AND HUMAN WELL BEING Chemical Contamination of Food Products Department of Agriculture Consumer and Marketing Service. NOTICES Department of Health, Education, and Welfare (Health aspects). Environmental Protection Agency- Food Additives and Food Sanitation Department of Health, Education, and Welfare (Health aspects). Environmental Protection Agency Office of Pesticides (economic poisons, eg., pesticide residues). Department of Agriculture Consumer Marketing Service (meat and poultry products). Microbiological Contamination Department of Health, Education, and Welfare (Health aspects). Radiation and Radiological Health Department of Commerce National Bureau of Standards. Atomic Energy Commission. Environmental Protection AgencyOffice of Radiation. Department of the Interior Bureau of Mines (uranium mines) Sanitation and Waste Systems Department of Health, Education, and Welfare (Health aspects). Department of Defense Army Corps of Engineers. Environmental Protection Agency- Water Quality Office. U.S. Coast Guard (ship sanitation). Department of the Interior Bureau of Mines (mineral waste and recycling, mine acid wastes, urban solid wastes). Bureau of Land Management (solid wastes on public lands). Office of Saline Water (demineralizatio!! of liquid wastes). Shellfish Sanitation Department of Commerce National Marine Fisheries Service. National Oceanic and Atmospheric Administration. Department of Health, Education, and Wel- TRANSPORTATION Air Quality Environmental Protection Agency- Bureau of Outdoor Recreation. National Oceanic and Atmospheric Administration (meteorological conditions). Water Quality Environmental Protection Agency- Department of the Interior Bureau of Sport Fisheries and Wildlife. Department of Commerce National Oceanic and Atmospheric Administration (impact on marine life and ocean monitoring). Department of Defense Army Corps of Engineers. Department of TransportationCoast Guard. FEDERAL REGISTER, VOL. 36, NO. 79-FRIDAY, APRIL 23, 1971 September 7, 1972 Appendix G Department of the Interior-- Bureau of Reclamation. ureau of Sport Fisheries and Wildlife. Department of TransportationCoast Guard. WILDLIFE Environmental Protection Agency. Boil Conservation Service. Bureau of Sport Fisheries and Wildlife. Bureau of Land Management. Bureau of Outdoor Recreation. FEDERAL AGENCY OFFICES FOR RECEIVING AND COORDINATING COMMENTS UPON ENVIRONMENTAL IMPACT STATEMENTS ADVISORY COUNCIL ON HISTORIC PRESERVATION Robert Garvey, Executive Director, Suite 618, 801 19th Street NW, Washington, DC 20006, 343-8607. DEPARTMENT OF AGRICULTURE Dr. T. C. Byerly, Office of the Secretary, Washington, D.C., 20350, 388-7803. APPALACHIAN REGIONAL COMMISSION Orville H. Lerch, Alternate Federal Co-Chairman, 1666 Connecticut Avenue NW., Washington, DC 20235, 967-4103. DEPARTMENT OF THE ARMY (CORPS OF Col. J. B. Newman, Executive Director of Civil Works, Office of the Chief of Engineer, Washington, D.C. 0314, 693-7168. ATOMIC ENERGY COMMISSION For nonregulatory matters: Joseph J. DiNunno, Director, Office of Environmental Affairs, Washington, D.C. 20545, 973-5391. For regulatory matters: Christopher L. Henderson, Assistant Director for Regulation, Washington, D.C. 20545, 973-7531. DEPARTMENT OF COMMERCE Dr. Sydney R. Galler, Deputy Assistant Secretary for Environmental Affairs, Washington, D.C. 20230, 967-4335. DEPARTMENT OF DEFENSE Dr. Louis M. Rousselot, Assistant Secretary for Defense (Health and Environment), Room 3E:72, The Pentagon, Washington, DC 20301, 697-2111. DELAWARE RIVER BASIN COMMISSION W. Brinton Whitall, Secretary, Post Ofce Box 360, Trenton, NJ 08603, 609-883-9500. NOTICES ENVIRONMENTAL PATAION AGENCY Charles Fabrikant, Director of Impact Statements Office, 1626 Kreet NW, Washington, DC 20460, 632-7719. FEDERAL POWER COMMISSION Frederick H. Warren, Commission's Advisor on Environmental Quality, 441 G Street NW., Washington, DC 20426, 386-6084. GENERAL SERVICES ADMINISTRATION Rod Kreger, Deputy Administrator, General Roger O. Egeberg, Assistant Secretary for Charles Orlebeke, Deputy Under Secretary, 451 Seventh Street SW., Washington, DC 20410, 755-6960. Alternate contact: George Wright, Office of the Deputy Under Secretary, 755-8192. Contact the Deputy Under Secretary with regard to environmental impacts of legislation, policy statements, program regulations and procedures, and precedent-making proj. ect decisions. For all other HUD consultation, contact the HUD Regional Administrator in whose jurisdiction the project lies, as follows: James J. Barry, Regional Administrator I, Attention: Environmental Clearance Officer, Room 405, John F. Kennedy Federal Building, Boston, MA 02203, 617-223-4066. S. William Green, Regional Administrator II, Attention: Environmental Clearance OfAcer, 26 Federal Plaza, New York, NY 10007, 212-264-8068. Warren P. Phelan, Regional Administrator Edward H. Baxter, Regional Administrator 7729 DEPARTMENT OF THE INTERIOR Jack O. Horton. Deputy Assistant Secretary for Programs, Washington, D.C. 20240, 3436181. NATIONAL CAPITAL PLANNING COMMISSION Charles H. Conrad, Executive Director, Washington, D.C. 20576, 382-1163. OFFICE OF ECONOMIC OPPORTUNITY Frank Carlucci, Director, 1200 19th Street, NW., Washington, DC 20506, 254-6000. SUSQUEHANA RIVER BASIN COMMISSION Alan J. Summerville, Water Resources Coordinator, Department of Environmental Resources, 105 South Once Building, Harrisburg, PA. 17120, 717-787-2315. TENNESSEE VALLEY AUTHORITY Dr. Francis Gartrell, Director of Environmental Research and Development, 720 Edney Building, Chattanooga, TN 37401, 615-755-2002. DEPARTMENT OF TRANSPORTATION Herbert F. DeSimone, Assistant Secretary for Environment and Urban Systems, Washington, D.C. 20590, 426-4563. DEPARTMENT OF TREASURY Richard E. 81ltor, Assistant Director, Office of Tax Analysis, Washington, D.C. 20220, 964-2797. DEPARTMENT OF STATE Christian Herter, Jr., Special Assistant to the Secretary for Environmental Affairs, Washington, D.C. 20520, 632-7964. [FR Doc.71-5705 Filed 4-22-71;8:50 am] Richard L. Morgan, Regional Administrator Harry T. Morley, Jr., Regional Administrator Oscar P. Pederson, Regional Administrator Appendix H September 7, 1972 Selections from PPM 20-8, dated January 14, 1969, for use with the National Environmental Policy Act guidelines: 5. COORDINATION a. When a State highway department begins considering the development or improvement of a traffic corridor in a particular area, it shall solicit the views of that State's resources, recreation, and planning agencies, and of those Federal agencies and local public officials and agencies, and public advisory groups which the State highway department knows or believes might be interested in or affected by the development or improvement. 6. HEARING REQUIREMENTS a. Both a corridor public hearing and a design public hearing must be held, or an opportunity afforded for those hearings, with respect to each Federal-aid highway project that: (1) Is on a new location; or (2) Would have a substantially different social, economic or environmental effect; or (3) Would essentially change the layout or function of connecting roads or streets. However, with respect to secondary road programs, two hearings are not required on a project covered by paragraph 6(a)(1) or (2) unless it will carry an average of 750 vehicles a day in the year following its completion. b. A single combined corridor and highway, design public hearing must be held, or the opportunity for such a hearing afforded, on all other projects before route location approval, except as provided in paragraph 6. c. below. c. Hearings are not required for those projects that are solely for such improvements, as resurfacing, widening existing lanes, adding auxiliary lanes, replacing existing grade separation structures, installing traffic ccn. trol devices or similar improvements, unless the project: (1) Requires the acquisition of addi !tional right-of-way; or (2) Would have an adverse effect upon abutting real property; or (3) Would change the layout or function of connecting roads or streets or of the facility being improved. 7. OPPORTUNITY FOR PUBLIC HEARINGS a. A State may satisfy the requirements for a public hearing by (1) holding a public hearing, or (2) publishing two notices of opportunity for public hearing and holding a public hearing if any written requests for such a hearing are received. The procedure for. requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the date of publication of the first notice of opportunity for public hearing, and no less than 14 days after the date of publication of the second notice of opportunity for public hearing. 8. PUBLIC HEARING PROCEDURES 8. Notice of public hearing: (1) When a public hearing is to be held a notice of public hearing shail be published at least twice in a newspaper having general circulation in the vicinity of the proposed undertaking. The notice should also be published in any newspaper having a substantial circulation in the area concerned; such as foreign language newspapers and local community newspapers. The first of the required publications shall be from 30 to 40 days before the date of the hearing, and the second shall be from 5 to 12 days before the date of the hearing. The timing of additional publications is optional. (2) In addition to publishing a formal notice of public hearing, the State highway department shall mail copies of the notice to appropriate news media, the State's resource, recreation, and planning agencies, and appropriate representatives of the Departments of Interior and Housing and Urban Development. The State highway department shall also mail copies to other federal agencies, and local public officials, public advisory groups and agencies who have requested notice of hearing and other groups or agencies who, by nature of their function, interest, or responsibility the highway department knows or believes might be interested in or affected by the proposal. (3) Each notice of public hearing shall specify the date, time, and place of the hearing and shall contain a description of the proposal. To promote public understanding, the inclusion of a map or other drawing as part of the notice is encouraged. The notice of public hearing shall specify that maps, drawings, and other pertinent information developed by the State highway department and written views received as a result of the coordination outlined in Paragraph 5, a will be available for public inspection and copying and shall specify where this information is available, |