The Environmental Protection Agency
(EPA or Agency) currently has procedures for implementing the
requirements of the National Environmental Policy Act of 1969
(NEPA). For EPA actions subject to NEPA, the Responsible Official
may determine that the proposed action does not individually or
cumulatively have a significant effect on the human environment and
may, therefore, be categorically excluded (CE, categorical
exclusion) from further NEPA review. If the proposed action is not
categorically excluded, the Responsible Official may prepare an
environmental assessment (EA) in order to determine whether to
prepare an environmental impact statement (EIS) or a finding of no
significant impact (FONSI). If necessary, the Responsible Official
must prepare an EIS if the proposed action will have a significant
effect on the human environment. For applicant-proposed actions,
the applicant may submit information to the Responsible Official
regarding the applicability of a CE and request a determination by
the Responsible Official. Unless the applicant-proposed action is
categorically excluded, the Responsible Official may gather the
information and prepare the NEPA document without assistance from
the applicant, or have the applicant prepare an environmental
information document (EID) or a draft EA and supporting documents
or implement a third-party agreement with the applicant generally
for preparation of an EIS. Applicants generally are grant
applicants applying to EPA for funding of special projects
identified in EPAs State and Tribal Assistance Grants (STAG)
account authorized by Congress through the Agencys annual
Appropriations Act, and permit applicants applying to EPA for
issuance of new source National Pollutant Discharge Elimination
System (NPDES) permits under Section 402 of the Clean Water Act.
The rule also includes the Agencys procedures for implementing
Executive Order 12114, Environmental Effects Abroad of Major
Federal Actions (E.O.). EPAs E.O. procedures further the purpose
of NEPA and provide that EPA may be guided by its NEPA procedures
to the extent they are applicable. For this Information Collection
Request (ICR), applicant-proposed projects subject to either NEPA
or E.O. 12114 (and that are not addressed in other EPA programs
ICRs) are addressed through the NEPA process.
See attached
justification.
EO: EO
12114 Name/Subject of EO: Environmental Effects Abroad of Major
Federal Actions
US Code:
41 USC 4321-4347 Name of Law: National Environmental Policy
Act
During the process of revising
the procedures for implementing NEPA, the Agency was made aware
that an existing ICR was not in place. The Agency would like to
request an ICR to cover the period of time between now and when the
amended rule is finalized. A regularly reviewed ICR will also be
submitted when the proposed rule is made final in the Federal
Register.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.