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