Procedures for Implementing the National Environmental Policy Act (NEPA) and Assessing the Environmental Effects Abroad of EPA Actions (Proposed Rule)

Forms and Documents

Document	Type	Status	Availability
2243ss02.doc	Supporting Statement A	Uploaded 2006-12-12	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
45292	Categorical Exclusion (CE) - for State/Local/Tribal Governments		Modified
45290	Environmental Impact Statement (EIS) - for State/Local/Tribal Governments		Modified
45287	Environmental Assessment (EA) - for State/Local/Tribal Governments		Modified
45285	Environmental Impact Statement (EIS) - for Businesses		Modified
45279	Environmental Assessment (EA) - for Businesses		Modified

ICR Details

OMB Control No: 2020-0033	ICR Reference No: 200612-2020-001
Status: Historical Inactive	Previous ICR Reference No: 200609-2020-001
Agency/Subagency: EPA/OECA	Agency Tracking No: 2243.02
Title: Procedures for Implementing the National Environmental Policy Act (NEPA) and Assessing the Environmental Effects Abroad of EPA Actions (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/30/2007
	Date Received in OIRA: 12/21/2006
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval of this information collection. Prior to the publication of the final rule, the agency must provide to OMB a summary of all comments pertaining to the information collection burden imposed by this rule and any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2007	36 Months From Approved	09/30/2007
Responses	313	0	313
Time Burden (Hours)	54,597	0	54,597
Cost Burden (Dollars)	9,550	0	9,550

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Abstract: The Environmental Protection Agency (EPA or Agency) is proposing to amend its 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 EPA’s State and Tribal Assistance Grants (STAG) account authorized by Congress through the Agency’s 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 proposed rule also includes minor, technical amendments to the Agency’s procedures for implementing Executive Order 12114, “Environmental Effects Abroad of Major Federal Actions” (E.O.). EPA’s 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.

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Authorizing Statute(s): 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
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2020-AA42	Proposed rulemaking	71 FR 76082	12/19/2006

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Environmental Assessment (EA) - for State/Local/Tribal Governments
Categorical Exclusion (CE) - for State/Local/Tribal Governments
Environmental Impact Statement (EIS) - for State/Local/Tribal Governments
Environmental Assessment (EA) - for Businesses
Environmental Impact Statement (EIS) - for Businesses

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $1,507,400

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/21/2006

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