The Environmental Protection Agency
(EPA or Agency) is amending 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 final 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.
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
The burden is reduced by
decreasing the use of EA/FONSIs and increasing the use of CEs for
project documentation. For grant applicants, an EA will generally
cost $40 and take 260 hours to complete, while a CE costs
approximately $17 and uses 45 hours. The reduction in burden is
created by estimating that with this final rule, the use of a CE to
document a project will increase to 60% from 50%, and the use of an
EA will decrease from 50% to 40%. For more detail, please refer to
the Supporting Statement, Section 6(d).
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.
2243ss04.doc
Categorical Exclusion (CE) - for State/Local/Tribal Governments