National Environmental Policy Act Implementation Procedures, 46410-46419 [2014-18730]
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OMB Number: 3045–0143.
Agency Number: None.
Affected Public: Institutions of higher
education that provide incentives for
AmeriCorps alumni such as matching
the AmeriCorps Education Award and
that request that their institution be
listed on the Segal AmeriCorps
Education Award Matching Program
section of the Corporation for National
and Community Service Web site.
Total Respondents: Two hundred
colleges and universities.
Frequency: Once every five years.
Average Time per Response: Average
30 minutes.
Estimated Total Burden Hours: 100
total hours.
Total Burden Cost (capital/startup):
None.
Total Burden Cost (operating/
maintenance): None.
Dated: August 4, 2014.
Ted Miller,
Chief of External Affairs.
[FR Doc. 2014–18776 Filed 8–7–14; 8:45 am]
BILLING CODE 6050–28–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2013–OS–0237]
Submission for OMB Review;
Comment Request
ACTION:
Notice.
The Department of Defense
has submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
DATES: Consideration will be given to all
comments received by September 8,
2014.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Fred
Licari, 571–372–0493.
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SUPPLEMENTARY INFORMATION:
Title, Associated Form and OMB
Number: Military OneSource Case
Management System (CMS)—Intake;
OMB Control Number 0704–XXXX.
Type of Request: New Collection.
Number of Respondents: 900,000.
Responses per Respondent: 1.
Annual Responses: 900,000.
Average Burden per Response: 3
minutes.
Annual Burden Hours: 45,000.
Needs and Uses: The information
collection requirement is necessary to
support the Military OneSource Case
Management System which will
document an individual’s eligibility;
identification of the caller’s inquiry or
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issue to provide a warm hand-off,
referral and/or requested information;
the development towards a final
solution and referral information.
Records may be used as a management
tool for statistical analysis, tracking,
reporting, and evaluating program
effectiveness and conducting research.
Information about individuals
indicating a threat to self or others will
be reported to the appropriate
authorities in accordance with DoD/
Military Branch of Service and
Component regulations and established
protocols.
Affected Public: Individuals or
households
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Ms. Jasmeet
Seehra.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms. Jasmeet Seehra at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503.
You may also submit comments,
identified by docket number and title,
by the following method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://www.
regulations.gov as they are received
without change, including any personal
identifiers or contact information.
DOD Clearance Officer: Ms. Patricia
Toppings.
Written requests for copies of the
information collection proposal should
be sent to Ms. Toppings at WHS/ESD
Information Management Division, 4800
Mark Center Drive, East Tower, Suite
02G09, Alexandria, VA 22350–3100.
Dated: August 5, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2014–18756 Filed 8–7–14; 8:45 am]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2014–OS–0062]
National Environmental Policy Act
Implementation Procedures
Missile Defense Agency,
Department of Defense.
ACTION: Final guidance.
AGENCY:
The Missile Defense Agency
(MDA or the Agency) is issuing
procedures to implement the National
Environmental Policy Act (NEPA),
Executive Order (E.O.) 11514, and
Council on Environmental Quality
(CEQ) regulations on implementing
NEPA.
SUMMARY:
This final guidance document is
effective August 8, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Eric Sorrells, Chief, Environmental
Management, at (256) 450–2677 or by
email at eric.sorrells@mda.mil.
SUPPLEMENTARY INFORMATION: MDA
published its proposed procedures to
implement the National Environmental
Policy Act (NEPA), Executive Order
(E.O.) 11514, and Council on
Environmental Quality (CEQ)
regulations on implementing NEPA
(Code of Federal Regulations (CFR) parts
1500–1508) in the Federal Register on
May 7, 2014 (79 FR 26213–26223). The
30-day public comment period closed
on June 6, 2014 and MDA did not
receive any public comments.
MDA is responsible for developing,
testing, and fielding an integrated,
layered, Ballistic Missile Defense
System (BMDS) to defend the United
States, its deployed forces, allies, and
friends against all ranges of enemy
ballistic missiles in all phases of flight.
Using complementary interceptors;
land-, sea-, air-, and space-based
sensors; and battle management,
command and control, and
communications systems, the planned
BMDS is intended to engage and negate
all classes and ranges of ballistic missile
threats.
MDA and its predecessor
organizations prepared several
programmatic BMDS National
Environmental Policy Act (NEPA)
documents to analyze the
environmental impacts of its actions. In
addition, MDA has prepared or been a
cooperating agency for over 70
environmental assessments (EAs) or
environmental impact statements (EISs)
for specific program activities. These
NEPA documents cover activities
including research and development,
site preparation and construction,
DATES:
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maintenance and sustainment,
manufacture of test articles (prototypes),
test and evaluation, fielding of missile
defense systems and components, and
the ultimate decommissioning and
disposal or transfer of BMDS
components and assets at many DoD
installations, other agency sites, and
industrial sites around the globe.
Additionally, MDA has carefully
considered over 200 records of
environmental consideration (RECs)/
records of categorical exclusion/Air
Force Form 813s documenting the use
of the respective military Service’s
Categorical Exclusions (CATEXs) for
minor actions occurring on host
installations or ranges.
As a DoD agency, the MDA does not
own real property. Because most MDA
actions typically occur on host military
service installations or ranges, or other
Federal agency properties, MDA has
historically relied upon our host
installation or Federal agency’s NEPA
implementation, including their
implementing procedures and CATEXs,
to address the environmental impacts of
MDA actions.
With the issuance of CEQ guidance
‘‘Establishing, Applying, and Revising
Categorical Exclusions under the
National Environmental Policy Act’’
(2010) and after consulting informally
with the CEQ, MDA determined the
need to establish NEPA implementing
procedures and CATEXs specific to
MDA projects and actions. The
information that MDA assembled while
developing our CATEXs is described in
the ‘‘Administrative Record for Missile
Defense Agency Proposed Categorical
Exclusions’’ and is available on the
MDA Web site at: https://
www.mda.mil//news/environmental_
reports.html.
MDA’s CATEXs describe the
categories of actions that the Agency
determined will not normally have a
potential significant effect, individually
or cumulatively on the human
environment; and together with these
implementing procedures will guide
MDA organizations in carrying out the
procedural requirements of NEPA.
The text of the complete final
Guidance document appears below.
Dated: August 4, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Table of Contents
MISSILE DEFENSE AGENCY NATIONAL
ENVIRONMENTAL POLICY ACT
PROCEDURES
Purpose
Scope
Policy
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Responsibilities
Public Involvement
Environmental Review Categories
Categorical Exclusions (CATEX)
Environmental Assessment (EA)
Finding of No Significant Impact (FONSI)
Environmental Impact Statement (EIS)
Scoping
Draft Environmental Impact Statement
(DEIS)
Final Environmental Impact Statement
(FEIS)
Record of Decision (ROD)
Memorandum for Record (MFR)
Administrative Record
Mitigation and Monitoring
Cumulative Impacts
Supplemental EAs or EISs
Cooperating Agencies
Adoption of EA or EIS
Incorporation by Reference
Tiering
Classified Actions
Actions Occurring on Host Installations or
Ranges
Appendix A—Abbreviations and
Acronyms
Appendix B—Categorical Exclusions
Appendix C—Record of Environmental
Consideration (REC)
The National Environmental Policy Act
Procedures for the Missile Defense
Agency
1. Purpose
These procedures implement the
provisions of the NEPA, 42 U.S.C. 4321
et seq. They adopt and supplement the
CEQ regulations implementing NEPA,
40 CFR parts 1500–1508, by establishing
policy, directing environmental
planning, and assigning responsibilities
in the MDA to prepare, review, and
approve environmental documents that
comply with NEPA.
2. Scope
The policies and responsibilities in
these procedures apply to activities
conducted by MDA and its executing
agents in the United States, its
possessions, and territories. The
potential environmental effects of MDA
proposed activities in foreign countries
and global commons will be considered
in accordance with Executive Order
12114, ‘‘Environmental Effects Abroad
of Major Federal Activities,’’ DoD
directives, host nation final governing
standards, overseas environmental
baseline guidance documents, status of
forces agreements, and other
international agreements.
3. Policy
(a) It is MDA policy regarding NEPA,
consistent with our mission and
regulations and the environmental laws
and regulations of the United States, to:
(1) Start the NEPA process at the earliest
possible time as an effective decision-
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making tool while evaluating a
proposed action; (2) develop and
carefully consider a range of reasonable
alternatives to achieve the proposed
actions; (3) write environmental
analyses in plain English; and (4) to the
maximum extent practical: (i) Include
pollution prevention alternatives, (ii)
consider sustainable transportation,
greenhouse gas emissions, and energy
choices, and (iii) ensure that, consistent
with other national policies and
national security requirements, we use
practical means and measures to
protect, restore, and enhance the quality
of the environment and mitigate adverse
consequences. MDA lacks projects or
programs where actions are planned by
private applicants or other non-Federal
entities. Therefore, these procedures do
not include the provision (as specified
at 40 CFR § 1501.2(d)) to account for
actions planned by private applicants or
other non-Federal entities.
(b) MDA will promote efficiency in its
NEPA process through: (1) Being aware
and involved with the MDA project
advocate (or MDA proponent) in the
NEPA process; (2) using programmatic
analyses and ‘‘tiering,’’ where
appropriate, to make sure that decisions
are made at the right levels, eliminating
repetitive discussion, considering
cumulative effects, and focusing on
issues that are important and
appropriate for discussion at each level;
(3) using scoping and public
involvement processes to ensure the
analysis of issues of interest to the
public and/or important to decision
making; (4) eliminating needless
paperwork by focusing documents on
the major environmental issues affecting
those decisions, including the use of
adoption or incorporation by reference
of previous, relevant NEPA analyses
prepared by other agencies; (5) early
integration of the NEPA process into all
aspects of MDA planning to prevent
disruption in decision making; (6)
partnering or coordinating with
agencies, organizations, and individuals
whose specialized expertise improves
the NEPA process; (7) clear and concise
communication of data, documentation,
and information; and (8) execution of
the NEPA compliance process within
the framework of the MDA’s
Environmental Management System.
(c) MDA will periodically (at least
every seven years) review the
effectiveness of its NEPA program and
these implementing procedures, the
appropriateness and usefulness of our
categorical exclusions (CATEXs), the
accuracy of predicted findings of no
significant impact, the effectiveness of
mitigation, the ramifications of actions
both individually and cumulatively, and
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the currency of the BMDS 2008
Programmatic Environmental Impact
Statement.
(d) MDA will post NEPA
implementing procedures, CATEXs, and
summary information on our use of
CATEXs for proposed actions on its
public Web site.
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4. Responsibilities
(a) The MDA Director has overall
authority to ensure MDA activities
comply with NEPA and has final
approval authority regarding EIS records
of decision (RODs).
(b) The Agency Environmental
Executive (EE) acts as the principal
MDA advisor on NEPA-related
requirements. The EE will: (1) Ensure
NEPA compliance of MDA activities in
accordance with MDA NEPA
implementing procedures and other
applicable NEPA guidance and
regulations; (2) coordinate with MDA
stakeholders for NEPA issues regarding
program/element activities; (3) provide
intra-agency and inter-agency liaison
and coordination on NEPA-related
matters; and (4) have signature authority
for EA findings of no significant impact
(FONSIs).
(c) The Chief, Environmental
Management will: (1) Educate and train
MDA staff to implement NEPA; (2)
coordinate with MDA’s EE to maintain
a record of the MDA’s environmental
activities and advance the national
environmental policy articulated in
NEPA, other Federal statutes,
regulations, and Executive Orders; (3)
prepare MDA NEPA reviews; (4) submit
Federal Register (FR) notices for draft
and final NEPA documents (as
appropriate); (5) represent the MDA in
NEPA-related matters with outside
groups; (6) ensure applicable NEPA
requirements are met on schedule
during planning for any MDA action; (7)
coordinate NEPA compliance actions at
the proposal stage with MDA
organizations; (8) ensure required NEPA
mitigation measures are performed; and
(9) ensure all documents being prepared
by MDA are properly cleared for public
release prior to the release or posting of
the documents on any publicly
accessible Web site or location.
5. Public Involvement
MDA will make diligent efforts to
involve the public in implementing its
NEPA procedures in accordance with 40
CFR 1501.4(b), 1506.6 and part 1503.
When developing a plan to include the
public and affected parties in the
environmental analysis process, MDA
will consider the following factors: (1)
The magnitude of the environmental
considerations associated with the
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proposed action; (2) the extent of
expected public interest; and (3) any
relevant questions of national concern.
6. Environmental Review Categories
A proposed action may fall into these
five broad categories for environmental
review:
(a) Exemption by law. To use an
exemption by law, the law must apply
to MDA and must prohibit, exempt, or
make impossible full compliance with
NEPA.
(b) Emergencies. If an emergency
requires MDA to take immediate actions
for national defense or security or to
protect life or property, the following
provisions apply. (1) The responsible
official may take actions necessary to
control the immediate impacts of the
emergency and are urgently needed to
mitigate harm to life, property, or
important natural or cultural resources.
When taking such actions, the
responsible official must take into
account the probable environmental
consequences of the emergency action
and mitigate foreseeable adverse
environmental effects to the extent
practical. (2) For emergency actions
other than those actions in paragraph
(b)(1), if the responsible official
responding to the emergency and the
Environmental Management Division
jointly conclude the emergency actions
qualify for a CATEX and do not involve
extraordinary circumstances that
prevent using a CATEX as defined in
these procedures, no further analysis is
required to comply with NEPA before
proceeding with emergency actions. The
Environmental Management Division
will prepare a Record of Environmental
Consideration (REC) to document this
conclusion. (3) If the responsible official
proposes emergency actions other than
those in paragraph (b)(1), and the
actions do not qualify for a CATEX but
will not likely have significant
environmental impacts, MDA will
document that determination in an
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) prepared in accordance with
these procedures. If the responsible
official determines that the proposed
emergency actions must be undertaken
before preparing an EA and FONSI, the
Chief, Environmental Management will
consult with the MDA EE about
alternative arrangements for NEPA
compliance. The EE may grant
emergency alternative arrangements that
meet the intent of NEPA, to the extent
possible. To the maximum extent
practical, these alternative arrangements
will ensure public notification and
involvement. They will focus on
minimizing the adverse environmental
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consequences of the MDA response
action and emergency. Any alternative
arrangements must be documented. The
Chief, Environmental Management will
inform the Council on Environmental
Quality (CEQ) of these arrangements at
the earliest opportunity. (4) If the
responsible official proposes emergency
actions other than those in paragraph
(b)(1) and those actions are likely to
have significant environmental impacts,
then the Chief, Environmental
Management must consult with CEQ
about alternative arrangements in
accordance with CEQ regulations at 40
CFR 1506.11 as soon as possible.
(c) Categorical Exclusions (CATEXs).
These are categories of Agency actions
(listed in Appendix B) that MDA has
determined do not individually or
cumulatively have a significant impact
on the human environment. MDA may
use CATEXs for a proposed action when
there are no extraordinary
circumstances that warrant further
analysis in an EA or EIS.
MDA will document designated
CATEXs in writing using a REC
(Appendix C). An MDA REC is a signed
statement submitted with project
documentation that concisely
documents that an MDA action has
received environmental review. The
REC briefly describes the proposed
action and time period, identifies the
MDA proponent and approving
official(s), addresses the use of
screening criteria, and demonstrates that
a review was conducted to ensure that
no extraordinary circumstances indicate
the need for further analysis.
Qualifications for a CATEX are
described later in this section.
(d) Environmental Assessment (EA).
Proposed MDA actions not covered in
the first three categories must be
analyzed to determine their potential
environmental effects. An EA is used to
determine whether to prepare an EIS or
a FONSI (40 CFR §§ 1501.4 and 1508.9);
however, MDA is not required to
prepare an EA if we have decided to
prepare an EIS. (See 40 CFR 1501.3(a)).
The requirements for the EA are
addressed later in these procedures.
(e) Environmental Impact Statement
(EIS). When a proposed action has the
potential for significant impacts or
when an EA cannot support a FONSI, an
EIS will be prepared (40 CFR 1501.4).
An EIS is initiated by the notice of
intent (NOI) and examines the potential
significant environmental effects of the
proposed action plus measures to
mitigate those impacts. This process
requires formal interaction with the
public, a formal scoping process,
specified timelines for public review of
the documentation, and incorporation of
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public comments as well as any
comments made by Federal, State, local,
and tribal agencies. Requirements for
the EIS are addressed later in these
procedures.
7. CATEX
(a) If the proposed action qualifies as
a CATEX and the screening criteria are
met, the action can proceed. Appendix
B lists MDA’s CATEXs. Appendix C
shows an MDA REC form to be used to
document designated CATEXs.
(b) MDA may use a CATEX only when
the following screening criteria are met:
(1) The proposed action is a Federal
action over which we have primary
responsibility and, as described in its
entirety, is covered by one or more
CATEXs listed in Appendix B; (2) the
proposed action does not involve any of
the extraordinary circumstances
described in paragraph (d) below; and
(3) the proposed action does not involve
using unproven technology that could
potentially result in unknown impacts.
(c) Applying a CATEX to an action
does not eliminate the need to meet
other statutory or regulatory
requirements including general
conformity, federally-listed threatened
or endangered species or their
designated critical habitat, historic and
cultural preservation, and safe drinking
water requirements or other applicable
Federal, state, or local regulatory
requirements.
(d) ‘‘Extraordinary circumstances’’
arise when a typically categoricallyexcluded action has the reasonable
likelihood to result in individually or
cumulatively significant impacts on
public health, safety, or the
environment, based on the specific
situation where the CATEX is applied.
Extraordinary circumstances that
preclude using a CATEX include: (1) A
reasonable likelihood the proposed
action would result in uncertain,
unique, or unknown environmental
risks, or is scientifically controversial;
(2) a reasonable likelihood the proposed
action would establish precedents or
commit MDA to future actions with
potential for significant impacts; (3) a
reasonable likelihood the proposed
action would threaten to violate Federal,
state, or local environmental laws; (4) a
reasonable likelihood the proposed
action would adversely affect
environmentally sensitive resources,
such as, but not limited to, Federallylisted threatened and endangered
species, their designated critical habitat,
wilderness areas, floodplains, wetlands,
aquifer recharge areas, coastal zones,
wild and scenic rivers, and significant
fish or wildlife habitat, unless the
impact was permitted, mitigated, or
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addressed through another
environmental review process, for
example, the Clean Water Act or Coastal
Zone Management Act; (5) a reasonable
likelihood the proposed action would
adversely affect known national natural
landmarks, or cultural or historic
resources, including, but not limited to,
property listed on or eligible for the
National Register of Historic Places,
unless the impact was permitted,
mitigated, or addressed through another
environmental review process, such as
the National Historic Preservation Act;
or (6) a reasonable likelihood of causing
an increase in surface transportation
congestion that would exceed capacity
of the supporting infrastructure or
otherwise cause significant impacts to
the human environment.
(e) MDA will review its CATEXs at
least every seven years to determine
whether modifications, additions, or
deletions are appropriate, based on our
experience and determination that
environmental impacts of certain
activities are not significant. If MDA
acquires new responsibilities through
legislation or administrative
restructuring, we may propose new or
modified CATEXs after gaining
sufficient experience with the new
activities to make a reasoned
determination that any resulting
environmental impacts are not
significant. MDA will submit
recommendations for modifications,
additions, or deletions to CEQ for
informal consultation and discussion.
8. Environmental Assessment (EA)
(a) An EA is a concise public
document agencies/services prepare to
inform decision makers and determine
if the proposed action has the potential
to significantly impact the environment
(which then would require the
preparation of an EIS). In cases when no
potentially significant impact is
expected, an agency/service documents
this determination with a FONSI. An EA
may be prepared at any time to help
agencies/services plan and make
decisions. Typical MDA actions
normally requiring an EA include: (1)
New construction of facilities that
involves more than five cumulative
acres of new surface disturbance; (2)
proposed actions that potentially result
in significant changes to established
land use; or (3) actions substantially
altering ongoing MDA operations which
could potentially lead directly,
indirectly, or cumulatively to
substantial environmental impacts.
(b) An EA is prepared to assess the
extent of potential environmental
impacts resulting from a proposed
action and alternatives, and to
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determine whether or not the impacts
are likely to be significant. The EA must
include, at a minimum, the following
information and analyses: (1) Purpose
and need for the proposed action or
activity; (2) description of the proposed
action; (3) brief discussion of the
alternatives considered, including the
‘‘no action’’ alternative and the
‘‘proposed action;’’ (4) brief discussion
of the affected environment and region
of influence; (5) analysis of the potential
environmental impacts of the proposed
action and alternatives; (6) list of
preparers, agencies and persons
consulted; and (7) references.
(c) The analysis of potential
environmental impacts (item (b)(5)
above) includes an assessment of the
direct, indirect, and cumulative impacts
that can reasonably be expected from
taking the proposed action or reasonable
alternatives. When there are direct or
indirect effects on an aspect of the
environment from the proposed action,
then MDA must also consider
cumulative effects. Cumulative effects
are impacts on the environment
resulting from the incremental impact of
the action when added to other past,
present, and reasonably foreseeable
future actions. Actions by Federal
agencies, non-Federal agencies and
private parties must be included when
considering cumulative effects, as
specified in 40 CFR 1508.7.
(d) The analysis for an EA leads to a
determination to either issue a FONSI or
a NOI to prepare an EIS.
(e) MDA should coordinate preparing
the EA with other agencies (e.g.,
Federal, state, local, or tribal
governments) when the action involves
resources they manage or protect. MDA
may invite agencies with jurisdiction by
law and with special expertise, to
participate as cooperating agencies (40
CFR 1501.6, 1508.5, 1508.15, and
1508.26). Factors for determining
whether to invite, decline, or end
cooperating agency status are in
Attachment 1 of the CEQ Memorandum
for Heads of Federal Agencies:
Cooperating Agencies in Implementing
the Procedural Requirements of the
National Environmental Policy Act
(January 30, 2002).
(f) MDA may request public
involvement in preparing the EA or
revising or supplementing the EA, or
choose to involve the public after the
EA is prepared. MDA may use scoping
but, would not publish the notice in the
FR unless the proposed action was of
national interest. MDA will select the
type and format for public involvement
to best support on-time and meaningful
public input and coordinate it with the
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host range/installation where
applicable.
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9. Finding of No Significant Impact
(FONSI)
(a) MDA will prepare a FONSI as
specified in 40 CFR 1508.13 to briefly
describe why a proposed action will not
have a significant effect on the
environment and thus will not require
an EIS.
(b) MDA will make the proposed final
EA and proposed FONSI available to the
affected public, organizations, and
individuals requesting them, and to
whomever we have reason to believe is
interested in the action through the
various methods outlined in 40 CFR
1506.6 as we deem appropriate. The
public, other Federal, tribal, and state
agencies and other government entities
will be given an opportunity to review
and comment on the proposed final EA
and unsigned FONSI. The time period
for public review will reflect the
magnitude of the proposed action and
its potential for controversy about
environmental effects. A 30-day public
review is normal, unless it is
unwarranted due to the limited scope of
the proposed action and/or lack of
potential controversy about
environmental effects. MDA will make
EAs and FONSIs available on our public
Web site and provide an electronic copy
upon request. When MDA determines
that it will enhance the opportunity for
public review, we will provide hard
copies to local public libraries or other
public depositories.
(c) After closure of the public review
period and considering the comments
received, the MDA Environmental
Executive will determine whether to
revise the EA, sign the FONSI, start
preparing an EIS, or modify or stop
considering the proposed action.
(d) MDA will make the final EA and
signed FONSI available on our public
Web site.
10. Environmental Impact Statement
(EIS)
(a) Classes of activities that normally
require an EIS (40 CFR 1501.4) are: (1)
Construction and operations of a major
new deployment site or test range, and
(2) development, testing and
employment of a major new missile
defense technology with unknown or
potentially significant effects on the
environment.
(b) A draft and final EIS will include:
(1) The purpose and need for the
proposed action and reasonable
alternatives (as specified in 40 CFR
1502.13); (2) reasonable alternatives,
including the preferred alternative and
no-action alternative and designation of
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the preferred alternative (as specified in
40 CFR 1502.14); (3) the environment
affected or created by the alternatives
(as specified in 40 CFR 1502.15); (4) the
probable environmental impacts from
alternatives including the proposed
action and measures (if any) to
minimize impacts (as specified in 40
CFR 1502.16); and (5) a list of the major
preparers of the EIS (as specified in 40
CFR 1502.17). EIS scope and detail
should be reasonably related to the
scope and the probable environmental
impacts of the proposed action and
alternative actions (40 CFR part 1502).
(c) Once MDA decides to prepare an
EIS, we will start scoping (as specified
in 40 CFR 1501.7). During scoping,
participants help identify the range of
actions, alternatives and impacts to
consider (40 CFR 1508.25). MDA will
invite affected agencies and interested
persons to help determine the
significant issues and alternatives to be
addressed. The scoping phase of the
NEPA process, as part of project
planning, will include identifying
aspects of the proposal that may have a
significant effect or involve controversy
concerning environmental effects.
Scoping will ensure the NEPA analyses
are useful for the decision maker.
(d) As soon as practical after deciding
to prepare an EIS and before scoping,
MDA will publish a notice of intent
(NOI) to prepare an EIS in the FR (as
specified in 40 CFR 1501.7). This NOI
(as specified in 40 CFR 1508.22) will
describe the purpose and need for the
proposed action, and any reasonable
alternatives and potential
environmental impacts associated with
the action that are available at this early
stage of the NEPA process. Those
impacts that tentatively are determined
not to be significant and not warrant
discussion in detail in the EIS may be
identified. If a public scoping meeting
will be held, the notice will state when
and where. The NOI will identify the
MDA point of contact who can supply
more information about the action and
to whom comments should be sent.
There will normally be a public input
period of 30 days from the date of
publication of the NOI in the FR to
allow other interested agencies and the
public an opportunity to review and
comment. Based on input received,
MDA will determine if any additions or
modifications to the schedule or scope
of the EIS are appropriate. MDA will
consider, in scoping the NEPA analysis
and developing a draft EIS, the extent to
which the greenhouse gas emissions
caused by a proposed action should be
estimated and evaluated.
(e) Analyzing potential environmental
impacts includes assessing the direct,
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indirect, and cumulative impacts that
can reasonably be expected from taking
the proposed action or reasonable
alternatives. When there are direct or
indirect effects on an aspect of the
environment, then MDA must also
consider cumulative effects. Cumulative
effects are impacts on the environment
resulting from the incremental impact of
the action when added to other past,
present, and reasonably foreseeable
future actions. Actions by Federal and
non-federal agencies and private parties
must be included when considering
cumulative effects (as specified in 40
CFR 1508.7).
(f) MDA should coordinate preparing
the EIS with other agencies when the
action involves resources they manage
or protect. MDA generally will invite
those agencies with jurisdiction by law
to participate as cooperating agencies.
MDA may also invite them if they lack
such jurisdiction, in addition to other
agencies with special expertise, as
cooperating agencies (40 CFR 1501.6
and 1508.5). Factors for determining
whether to invite, decline, or end
cooperating agency status are in
Attachment 1 of the CEQ Memorandum
for Heads of Federal Agencies:
Cooperating Agencies in Implementing
the Procedural Requirements of the
National Environmental Policy Act
(January 30, 2002).
10.1 Draft Environmental Impact
Statement (DEIS)
(a) MDA will prepare a draft
environmental impact statement (DEIS)
(as specified in 40 CFR 1502.9) in the
format recommended in the CEQ
regulations at 40 CFR 1502.10 unless
there is a compelling reason to use
another format.
(b) MDA will electronically file the
DEIS with the Environmental Protection
Agency (EPA) and request comments
from any Federal agency that has
jurisdiction by law, the public, native
American tribes, or other interested
Federal, state, and local agencies (as
specified in 40 CFR 1503.1). MDA will
provide a minimum of 45 days for
public comment on the DEIS. The
comment period will begin on the day
of publication of the EPA-issued Notice
of Availability (NOA) in the FR (40 CFR
1506.10).
10.2 Final Environmental Impact
Statements (FEIS)
After MDA internal approval, we will
circulate the final environmental impact
statement (FEIS) (as specified in 40 CFR
1502.19). MDA will transmit the FEIS to
every person, organization, or agency
from which we received substantive
comments on the draft and file the FEIS
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electronically with the EPA (40 CFR
1506.9).
11. Record of Decision (ROD)
(a) After filing the FEIS with the EPA,
a ROD will be prepared (as specified in
40 CFR 1505.2) unless MDA announces
that we are withdrawing the proposed
action.
(b) MDA will make the ROD available
on the MDA public Web site. MDA will
also make the ROD available to the
public through the various methods
outlined in 40 CFR 1506.6, as
appropriate.
(c) An action for which an EIS was
approved will not start until: (1) 30 days
after the EPA-issued notice of
availability (NOA) that the final EIS was
published in the FR; or (2) 90 days after
the DEIS NOA was published in the FR
by the EPA, whichever provides the
public with the most notice.
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12. Memorandum for Record (MFR)
When MDA reviews actions covered
in an existing EA or EIS that we
prepared, we may write a memorandum
for record (MFR) to document that
review. When MDA is a cooperating
agency in preparing an EIS, we may
adopt the lead agency’s EIS without
recirculating the EIS as a draft or as a
final EIS. MDA may do this when, after
an independent review, we conclude
and document in an MFR that the lead
agency adequately addressed the
adopting agency’s comments and
suggestions. Similarly, when MDA is a
cooperating agency in preparing an EA,
we may adopt the EA without
recirculating the EA when, after an
independent review, we conclude and
document in an MFR that the lead
agency adequately addressed the
adopting agency’s comments and
suggestions (CEQ Guidance
Memorandum for Heads of Federal
Department and Agencies: Improving
the Process for Preparing Efficient and
Timely Environmental Reviews under
the National Environmental Policy Act,
March 6, 2012; 40 CFR 1506.3).
13. Administrative Record
MDA must maintain the
administrative record for the
environmental analysis performed. The
administrative record must be retained
by MDA for seven years after
completing the action, unless the action
involves controversy concerning
environmental effects or is of a nature
that warrants keeping it longer. The
administrative record includes all
supporting documents and information
used to make the decision. This
administrative record should include,
but is not limited to: (1) Maps and or
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documents relevant to developing an EA
or EIS; (2) formal communication by a
consulting or coordinating agency
office; (3) studies and inventories of
affected environmental resources; (4)
correspondence with regulatory
agencies; (5) correspondence with and
comments from, private citizens, tribes,
local governments, and other
individuals and agencies contacted
during public involvement; and (6)
confirmation of publications and
transcripts of any public hearing. MDA
will prepare and maintain an index or
table of contents for the administrative
record.
14. Mitigation and Monitoring
(a) MDA will indicate whether
mitigation measures (as described in 40
CFR 1508.20) will be implemented for
the alternative selected in either the
FONSI or ROD, what commitments
MDA considered and selected, and who
will be responsible for implementing,
funding, and monitoring the mitigation
measures.
(b) Where possible and appropriate
because of amount, MDA will include
the cost of mitigation as a line item in
the budget for a proposed project. Upon
request, MDA will also make the results
of mitigation monitoring available to the
public.
(c) MDA may ‘‘mitigate to
insignificance’’ potentially significant
environmental impacts found during
preparation of an EA, instead of
preparing an EIS. The FONSI for the EA
will include these mitigation measures,
which will be carried out as the project
is implemented. If, for any reason, MDA
later abandons or does not meet the
mitigation commitments upon which
the FONSI relied, we will prepare a
supplemental environmental document
before continuing the project. If
potentially significant environmental
impacts might result from any project
revisions, MDA will prepare an EIS if
we used an EA for the decision to
proceed, or we will prepare a
supplemental EIS, if we used an EIS for
the decision to proceed.
15. Supplemental EAs or EISs
(a) MDA will prepare a supplement to
an EA or EIS in accordance with 40 CFR
1502.9(c), when there are substantial or
significant new circumstances or
information related to the proposed
action, or to the environmental concerns
of the proposed actions, which bear on
the proposed action or its impacts. MDA
may also prepare a supplement when
the purposes of NEPA will be furthered
by doing so.
(b) MDA prepares supplemental
documents following the same general
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46415
process as the original EA or EIS. No
new scoping is required for a
supplemental EIS; however, we may
choose to conduct scoping (40 CFR
1502.9(c)(4)).
(c) When a supplemental EA or EIS is
prepared, MDA will issue a new FONSI
or ROD as appropriate.
16. Cooperating Agencies
When MDA is the lead agency (40
CFR 1501.5), we will invite Federal
agencies with jurisdiction by law to
serve as cooperating agencies. MDA may
invite Federal, tribal, state and local
agencies with special expertise to serve
as cooperating agencies. The roles of
lead and cooperating agencies are found
in 40 CFR 1501.5, 1501.6, and 1508.5,
and the definitions of jurisdiction by
law and special expertise are found at
40 CFR 1508.15 and 1508.5.
17. Adoption of EA or EIS
The MDA may adopt an EA or EIS, or
portion thereof, prepared by another
agency where the MDA proposed action
is substantially the same as the action
described in the EA, in accordance with
CEQ Guidance Memorandum for Heads
of Federal Departments and Agencies:
Improving the Process for Preparing
Efficient and Timely Environmental
Reviews under the National
Environmental Policy Act, March 6,
2012, or EIS, in accordance with 40 CFR
1506.3(b). MDA will independently
review the EA or EIS and determine
whether it is current, satisfies the
requirements of NEPA, and covers the
proposed action. If the actions covered
by the original NEPA analysis and the
MDA proposed action are substantially
the same, and MDA was not a
cooperating agency, then we will reissue
the EA or EIS as a final document and
prepare its own FONSI or ROD, as
appropriate.
18. Incorporation by Reference
MDA will incorporate material by
reference to reduce paperwork and bulk.
MDA will incorporate previous NEPA
analyses or relevant material in an EA
or EIS by citing and briefly describing
the material, and ensuring that any
material incorporated by reference will
be made reasonably available for
inspection by potentially interested
persons within the time allowed for
comment either in the EA, EIS, or on
our Web site as specified in 40 CFR
1502.21.
19. Tiering
MDA will use tiered environmental
documents to eliminate repetitive
discussions of the same issues and to
focus on those issues relating to specific
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MDA actions (40 CFR 1502.20 and
1508.28). If MDA adopts another
Federal agency’s environmental
document, we may also tier our
subsequent MDA environmental
documents from the adopted document.
20. Classified Actions
(a) Classification of an action for
national security does not relieve MDA
from the requirements of NEPA. MDA
will prepare, safeguard, and disseminate
NEPA documents in accordance with
MDA and DoD requirements for
classified information (i.e., MDA
Manual 5200.02–M ‘‘Information
Security Program,’’ DoD Manual
5200.01 ‘‘DoD Information Security
Program,’’ or current issuance).
(b) In accordance with DoD and MDA
Security Policy, NEPA documents that
include classified information/actions
will be written so that the classified
information/actions are included in
separate appendix(es) so that the
unclassified portions of the documents
can be made available to the public.
(c) When classified information is
such an integral part of the analysis of
a proposal that MDA cannot produce a
meaningful unclassified NEPA analysis,
the MDA proponent, in consultation
with the appropriate environmental
offices, will form a team to review the
classified NEPA analysis. This team will
include environmental professionals to
ensure the consideration of
environmental effects is consistent with
the letter and intent of NEPA, including
public participation requirements for
unclassified aspects.
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21. Actions Occurring on Host
Installations or Ranges
MDA as a tenant will work with the
host agency/service to fulfill MDA and
the host’s implementing regulations (or
procedures) and guidance in complying
with NEPA and related Executive
Orders. The specific requirements of the
agency/service making a decision
supported by the NEPA analysis and
documentation will apply. If multiple
agencies will use the NEPA analysis and
documentation, then the process
followed in developing it will comply
with the most stringent requirement in
the respective NEPA implementing
procedures and regulations.
Appendix A—Abbreviations and
Acronyms
ACM Asbestos-containing material
ANSI American National Standards
Institute
BMDS Ballistic Missile Defense System
CATEX Categorical Exclusion
CEQ Council on Environmental Quality
CFR Code of Federal Regulations
DEIS Draft Environmental Impact Statement
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DPF Facilities, Military Construction, &
Environmental Management Division
EA Environmental Assessment
EE Environmental Executive
EIS Environmental Impact Statement
E.O. Executive Order
EPA Environmental Protection Agency
FEIS Final Environmental Impact Statement
FR Federal Register
FONSI Finding of No Significant Impact
IEEE Institute of Electrical and Electronics
Engineers
LBP Lead-based paint
MDA Missile Defense Agency
MFR Memorandum for Record
NEPA National Environmental Policy Act
NOA Notice of Availability
NOI Notice of Intent
OSHA Occupational Safety and Health
Administration
PCB Polychlorinated biphenyl
RCRA Resource Conservation and Recovery
Act
REC Record of Environmental
Consideration
ROD Record of Decision
SPCC Spill Prevention, Control and
Countermeasure
U.S.C. United State Code
Appendix B—Categorical Exclusions
(CATEXs)
Actions categorically excluded in the
absence of extraordinary circumstances are
listed below.
CATEX List:
B–1. Normal personnel, fiscal or budgeting,
and administrative activities and decisions
including those involving military and
civilian personnel (for example, recruiting,
processing, paying, and recordkeeping).
B–2. Preparing, revising, or adopting
regulations, instructions, directives, or
guidance documents including those that
implement without substantial change the
regulations, instructions, directives, or
guidance documents from higher
headquarters or other Federal agencies.
B–3. Decreases, increases, relocation, and
realignment of personnel into existing
Federally-owned or commercially-leased
space that does not involve a substantial
change affecting the supporting infrastructure
or use of space (e.g., no increase in traffic
beyond the capacity of the supporting
network to accommodate such an increase).
B–4. Routine procurement of goods and
services conducted in accordance with
applicable procurement regulations,
Executive Orders, and policies to support
operations and infrastructure, including
routine utility services and contracts.
B–5. Administrative study efforts involving
no commitment of resources other than
personnel and funding allocations. If any of
these study efforts result in proposals for
further action, those proposals must be
considered separately by an appropriate
CATEX or NEPA analysis. Examples include,
but are not limited to: Studies to further
administrative, personnel-related,
architectural, engineering, safety, security,
siting, and facility audit activities.
B–6. Studies, monitoring, data and sample
collection, and information gathering that
involve no permanent physical change to the
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environment. If any of these activities result
in proposals for further action, those
proposals must be considered by an
appropriate CATEX or NEPA analysis.
Examples include, but are not limited to:
a. Surveys for threatened and endangered
species, wildlife and wildlife habitat, historic
properties and archeological sites; wetland
delineations; minimal water, air, waste,
material, and soil sampling (e.g., grab
samples).
b. Vulnerability, risk, and structural
integrity assessments of infrastructure.
c. Environmental Baseline Surveys or
Environmental Condition of Property
Surveys.
d. Topographical surveying and mapping
that does not require cutting and/or removal
of trees.
B–7. Sampling, well drilling and
installation, analytical testing, site
preparation, and minimally intrusive
physical testing. These activities could
involve minor clearing and grubbing or
movement of heavy equipment such as drill
rigs. If any of these actions result in
proposals for further actions, those proposals
must be considered by an appropriate
CATEX or NEPA analysis. Examples include,
but are not limited to:
a. Sampling for asbestos-containing
materials (ACMs), polychlorinated biphenyls
(PCBs), and lead-based paint (LBP).
b. Topographical surveys and surveys for
unexploded ordnance.
c. Minimally-intrusive geological,
geophysical surveys, geo-technical activities,
and seismic studies.
d. Minimally-intrusive sampling to
determine if hazardous wastes, contaminants,
pollutants, or special hazards are present.
e. Ground water monitoring wells,
subsurface soil sampling, and soil borings
(REC required).
B–8. Immediate response to the release or
discharge of oil or hazardous materials in
accordance with an approved Spill
Prevention, Control, and Countermeasure
(SPCC) Plan or Spill Contingency Plan, or
that is otherwise consistent with the
requirements of the EPA National
Contingency Plan.
B–9. Temporary use of transportable power
generators or operational support equipment
when located in a previously disturbed area
and when operated in compliance with
applicable regulatory requirements.
B–10. Routine movement, handling, use,
and distribution of materials, including
hazardous materials or wastes moved,
handled, or distributed in accordance with
applicable regulations, such as the Resource
Conservation and Recovery Act (RCRA),
Occupational Safety and Health
Administration (OSHA), and Hazardous
Materials Transportation Act (HMTA).
B–11. Routine movement of mobile test
assets (such as ships, aircraft, mobile sensors,
telemetry, etc.) for routine missile defense
test and evaluation; repair, overhaul or
maintenance; or home port reassignments
where no new support facilities are required.
B–12. Activities and operations to be
conducted in an existing non-historic
structure which are within the scope of and
are compatible with the present functional
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use of the building, will not cause a
substantial increase in waste discharged to
the environment, will not result in
substantially different waste discharges from
current or previous activities, and emissions
will remain within established permit limits,
if any.
B–13. Acquisition, installation,
modification, routine repair and replacement,
and operation of utility (e.g., water, sewer,
and electrical) and communication systems,
mobile antennas, data processing cable and
similar electronic equipment that use
existing rights-of-way, easements,
distribution systems, facilities, or previously
disturbed land (REC required).
B–14. Acquisition, installation or minor
relocation, operation and maintenance, or
evaluation of physical security devices or
controls to protect human or animal life and
to enhance the physical security of existing
critical assets in compliance with applicable
Federal, tribal, state and local requirements
to protect the environment. Examples
include, but are not limited to:
a. Motion detection systems.
b. Raptor electrocution prevention devices.
c. Lighting.
d. Remote video surveillance systems.
e. Access controls.
f. Physical barriers, fences, grating, on or
adjacent to existing facilities (REC required).
B–15. Maintenance of archaeological,
historical, and endangered or threatened
species avoidance markers, fencing, and
signs.
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B–16. Road or trail construction and repair
on existing rights-of-ways or in previously
disturbed areas which do not result in a
change in functional use. Runoff, erosion,
and sedimentation are controlled through
implementation of best management
practices (REC required).
B–17. Routine repair and maintenance of
buildings, vessels, aircraft, grounds, and
other facilities and equipment which do not
result in a change in functional use or a
significant impact on a historically
significant element or setting. Examples
include, but are not limited to: Repair of
roofs, doors, windows, or fixtures, localized
pest management, and minor erosion control
measures.
B–18. New construction or equipment
installation or alterations (interior and
exterior) to or construction of an addition to
an existing structure that is similar to
existing land use if the area to be disturbed
has no more than 5.0 cumulative acres of
new surface disturbance. The following
conditions must be met:
a. The structure and proposed use are
compatible with applicable Federal, tribal,
state, and local planning and zoning
standards.
b. The site and scale of construction or
improvement is consistent with those of
existing, adjacent, or nearby buildings.
c. The construction or improvement will
not result in uses that exceed existing
support infrastructure capacities (roads,
sewer, water, parking, etc.).
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46417
This does not include construction of
facilities for the transportation, distribution,
use, storage, treatment, and disposal of solid
waste or hazardous waste (REC required).
B–19. Demolition of non-historic buildings,
structures, or other improvements and
repairs that result in disposal of debris therefrom, or removal of a part thereof for
disposal, in accordance with applicable
regulations, including those regulations
applying to removal of ACM, PCBs, LBP, and
other special hazard items (REC required).
B–20. Research, testing, and operations
conducted at existing facilities and plants or
laboratories (including contractor-operated
laboratories and plants) and in compliance
with all applicable safety, environmental,
and natural conservation laws. Examples
include, but are not limited to: Wind tunnels,
high-energy lasers, remote-sensing
instruments, vacuum chambers, high-altitude
simulator facilities, and propellant testing
facilities.
B–21. Routine installation and use of
radars, telemetry systems, communications
equipment, and other essentially similar
facilities and equipment within a launch
facility, mobile platform, military
installation, training area, or previously
disturbed area that conform to current
American National Standards Institute/
Institute of Electrical and Electronics
Engineers (ANSI/IEEE) guidelines for
maximum permissible exposure to
electromagnetic fields (REC required).
BILLING CODE 5001–06–P
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APPENDIXC
MISSILE DEFENSE AGENCY
RECORD OF ENVIRONMENTAL CONSIDERATION
MDAREC
Tracking Number:
INSTRUCTIONS: Top section to be completed by Proponent; continue on separate sheets as necessary.
Title of Proposed Action:
Purpose and Need for Action (identifi; decision to be made):
Description of Proposed Action and Alternative (vrovide sufficient detail (or evaluation ofthe total
action. including total acreage. clearing requirements. etc.):
Anticipated Start Date:
Duration of the Proposed Action:
Signature:
Proposed Action Proponent
Date:
To Be Completed by MDA Environmental Management
Environmental Analysis Determination.
MDA has determined the proposed action:
1.
0
Qualifies for a Categorical Exclusion (CATEX)- See Attachment 1, MDA
Environmental "Screening Checklist
CATEX#:
2.
0
Does not qualify for a CATEX: Further Environmental Analysis is required
List Applicable NEP A Documents:
Signature: _ _ _ _ _ _ _ _ _ _ _ __
MDA Environmental Officer
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Remarks:
Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Notices
46419
Attachment 1
MDA Environmental Screening
A CATEX excludes a proposed action from further NEP A analysis. Do not use a CATEX if any
of the following conditions are YES or UNKNOWN:
Description of the Reasonable Likelihood of the Proposed
Action's Effect
YES
NO
UNKNOWN
D
D
D
1. Significant impact on public health or safety?
D
D
D
2. Imposes uncertain, unique, or unknown environmental risks, or is
scientifically controversial?
D
D
D
3. Establishes precedents or makes decisions in principle for future
actions that have the potential for significant impacts?
D
D
D
4. Threatens a violation of Federal, state, or local environmental
laws?
5. Involves an action that, as determined in coordination with the
appropriate resource agency, may:
D
D
D
D
D
D
D
D
D
D
D
D
D
a) Have an adverse effect on Federally listed endangered/
threatened species or marine mammals or their designated
critical habitat?
D
b) Have an adverse effect on coral reefs or Federally designated
wilderness areas, wildlife refuges, marine sanctuaries, or
parklands?
D
c) Adversely affect the size, function, or biological value of
wetlands and is not covered by a nationwide or regional
permit?
D
d) Have an adverse effect on archaeological resources or
resources (including but not limited to ships, aircraft, vessels,
and equipment) listed or determined eligible for listing on the
National Register of Historic Places?
D
e) Result in an uncontrolled or unpermitted release of hazardous
substances or require a conformity determination under
standards of the Clean Air Act General Conformity Rule?
D
f) Have an adverse effect on water resources such as quality,
quantity, floodplains, buffer zones, surface water, or ground
water?
D
D
D
D
D
7. Causes an increase in transportation congestion that will exceed
capacity of the supporting infrastructure?
[FR Doc. 2014–18730 Filed 8–7–14; 8:45 am]
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D
6. Impacts other resources not addressed above (i.e., Installation
Resource Program, soils, geology, hazardous material/waste, or
land use)?
Agencies
[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Notices]
[Pages 46410-46419]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18730]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD-2014-OS-0062]
National Environmental Policy Act Implementation Procedures
AGENCY: Missile Defense Agency, Department of Defense.
ACTION: Final guidance.
-----------------------------------------------------------------------
SUMMARY: The Missile Defense Agency (MDA or the Agency) is issuing
procedures to implement the National Environmental Policy Act (NEPA),
Executive Order (E.O.) 11514, and Council on Environmental Quality
(CEQ) regulations on implementing NEPA.
DATES: This final guidance document is effective August 8, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Eric Sorrells, Chief,
Environmental Management, at (256) 450-2677 or by email at
eric.sorrells@mda.mil.
SUPPLEMENTARY INFORMATION: MDA published its proposed procedures to
implement the National Environmental Policy Act (NEPA), Executive Order
(E.O.) 11514, and Council on Environmental Quality (CEQ) regulations on
implementing NEPA (Code of Federal Regulations (CFR) parts 1500-1508)
in the Federal Register on May 7, 2014 (79 FR 26213-26223). The 30-day
public comment period closed on June 6, 2014 and MDA did not receive
any public comments.
MDA is responsible for developing, testing, and fielding an
integrated, layered, Ballistic Missile Defense System (BMDS) to defend
the United States, its deployed forces, allies, and friends against all
ranges of enemy ballistic missiles in all phases of flight. Using
complementary interceptors; land-, sea-, air-, and space-based sensors;
and battle management, command and control, and communications systems,
the planned BMDS is intended to engage and negate all classes and
ranges of ballistic missile threats.
MDA and its predecessor organizations prepared several programmatic
BMDS National Environmental Policy Act (NEPA) documents to analyze the
environmental impacts of its actions. In addition, MDA has prepared or
been a cooperating agency for over 70 environmental assessments (EAs)
or environmental impact statements (EISs) for specific program
activities. These NEPA documents cover activities including research
and development, site preparation and construction,
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maintenance and sustainment, manufacture of test articles (prototypes),
test and evaluation, fielding of missile defense systems and
components, and the ultimate decommissioning and disposal or transfer
of BMDS components and assets at many DoD installations, other agency
sites, and industrial sites around the globe. Additionally, MDA has
carefully considered over 200 records of environmental consideration
(RECs)/records of categorical exclusion/Air Force Form 813s documenting
the use of the respective military Service's Categorical Exclusions
(CATEXs) for minor actions occurring on host installations or ranges.
As a DoD agency, the MDA does not own real property. Because most
MDA actions typically occur on host military service installations or
ranges, or other Federal agency properties, MDA has historically relied
upon our host installation or Federal agency's NEPA implementation,
including their implementing procedures and CATEXs, to address the
environmental impacts of MDA actions.
With the issuance of CEQ guidance ``Establishing, Applying, and
Revising Categorical Exclusions under the National Environmental Policy
Act'' (2010) and after consulting informally with the CEQ, MDA
determined the need to establish NEPA implementing procedures and
CATEXs specific to MDA projects and actions. The information that MDA
assembled while developing our CATEXs is described in the
``Administrative Record for Missile Defense Agency Proposed Categorical
Exclusions'' and is available on the MDA Web site at: https://www.mda.mil//news/environmental_reports.html.
MDA's CATEXs describe the categories of actions that the Agency
determined will not normally have a potential significant effect,
individually or cumulatively on the human environment; and together
with these implementing procedures will guide MDA organizations in
carrying out the procedural requirements of NEPA.
The text of the complete final Guidance document appears below.
Dated: August 4, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Table of Contents
MISSILE DEFENSE AGENCY NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES
Purpose
Scope
Policy
Responsibilities
Public Involvement
Environmental Review Categories
Categorical Exclusions (CATEX)
Environmental Assessment (EA)
Finding of No Significant Impact (FONSI)
Environmental Impact Statement (EIS)
Scoping
Draft Environmental Impact Statement (DEIS)
Final Environmental Impact Statement (FEIS)
Record of Decision (ROD)
Memorandum for Record (MFR)
Administrative Record
Mitigation and Monitoring
Cumulative Impacts
Supplemental EAs or EISs
Cooperating Agencies
Adoption of EA or EIS
Incorporation by Reference
Tiering
Classified Actions
Actions Occurring on Host Installations or Ranges
Appendix A--Abbreviations and Acronyms
Appendix B--Categorical Exclusions
Appendix C--Record of Environmental Consideration (REC)
The National Environmental Policy Act Procedures for the Missile
Defense Agency
1. Purpose
These procedures implement the provisions of the NEPA, 42 U.S.C.
4321 et seq. They adopt and supplement the CEQ regulations implementing
NEPA, 40 CFR parts 1500-1508, by establishing policy, directing
environmental planning, and assigning responsibilities in the MDA to
prepare, review, and approve environmental documents that comply with
NEPA.
2. Scope
The policies and responsibilities in these procedures apply to
activities conducted by MDA and its executing agents in the United
States, its possessions, and territories. The potential environmental
effects of MDA proposed activities in foreign countries and global
commons will be considered in accordance with Executive Order 12114,
``Environmental Effects Abroad of Major Federal Activities,'' DoD
directives, host nation final governing standards, overseas
environmental baseline guidance documents, status of forces agreements,
and other international agreements.
3. Policy
(a) It is MDA policy regarding NEPA, consistent with our mission
and regulations and the environmental laws and regulations of the
United States, to: (1) Start the NEPA process at the earliest possible
time as an effective decision-making tool while evaluating a proposed
action; (2) develop and carefully consider a range of reasonable
alternatives to achieve the proposed actions; (3) write environmental
analyses in plain English; and (4) to the maximum extent practical: (i)
Include pollution prevention alternatives, (ii) consider sustainable
transportation, greenhouse gas emissions, and energy choices, and (iii)
ensure that, consistent with other national policies and national
security requirements, we use practical means and measures to protect,
restore, and enhance the quality of the environment and mitigate
adverse consequences. MDA lacks projects or programs where actions are
planned by private applicants or other non-Federal entities. Therefore,
these procedures do not include the provision (as specified at 40 CFR
Sec. 1501.2(d)) to account for actions planned by private applicants
or other non-Federal entities.
(b) MDA will promote efficiency in its NEPA process through: (1)
Being aware and involved with the MDA project advocate (or MDA
proponent) in the NEPA process; (2) using programmatic analyses and
``tiering,'' where appropriate, to make sure that decisions are made at
the right levels, eliminating repetitive discussion, considering
cumulative effects, and focusing on issues that are important and
appropriate for discussion at each level; (3) using scoping and public
involvement processes to ensure the analysis of issues of interest to
the public and/or important to decision making; (4) eliminating
needless paperwork by focusing documents on the major environmental
issues affecting those decisions, including the use of adoption or
incorporation by reference of previous, relevant NEPA analyses prepared
by other agencies; (5) early integration of the NEPA process into all
aspects of MDA planning to prevent disruption in decision making; (6)
partnering or coordinating with agencies, organizations, and
individuals whose specialized expertise improves the NEPA process; (7)
clear and concise communication of data, documentation, and
information; and (8) execution of the NEPA compliance process within
the framework of the MDA's Environmental Management System.
(c) MDA will periodically (at least every seven years) review the
effectiveness of its NEPA program and these implementing procedures,
the appropriateness and usefulness of our categorical exclusions
(CATEXs), the accuracy of predicted findings of no significant impact,
the effectiveness of mitigation, the ramifications of actions both
individually and cumulatively, and
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the currency of the BMDS 2008 Programmatic Environmental Impact
Statement.
(d) MDA will post NEPA implementing procedures, CATEXs, and summary
information on our use of CATEXs for proposed actions on its public Web
site.
4. Responsibilities
(a) The MDA Director has overall authority to ensure MDA activities
comply with NEPA and has final approval authority regarding EIS records
of decision (RODs).
(b) The Agency Environmental Executive (EE) acts as the principal
MDA advisor on NEPA-related requirements. The EE will: (1) Ensure NEPA
compliance of MDA activities in accordance with MDA NEPA implementing
procedures and other applicable NEPA guidance and regulations; (2)
coordinate with MDA stakeholders for NEPA issues regarding program/
element activities; (3) provide intra-agency and inter-agency liaison
and coordination on NEPA-related matters; and (4) have signature
authority for EA findings of no significant impact (FONSIs).
(c) The Chief, Environmental Management will: (1) Educate and train
MDA staff to implement NEPA; (2) coordinate with MDA's EE to maintain a
record of the MDA's environmental activities and advance the national
environmental policy articulated in NEPA, other Federal statutes,
regulations, and Executive Orders; (3) prepare MDA NEPA reviews; (4)
submit Federal Register (FR) notices for draft and final NEPA documents
(as appropriate); (5) represent the MDA in NEPA-related matters with
outside groups; (6) ensure applicable NEPA requirements are met on
schedule during planning for any MDA action; (7) coordinate NEPA
compliance actions at the proposal stage with MDA organizations; (8)
ensure required NEPA mitigation measures are performed; and (9) ensure
all documents being prepared by MDA are properly cleared for public
release prior to the release or posting of the documents on any
publicly accessible Web site or location.
5. Public Involvement
MDA will make diligent efforts to involve the public in
implementing its NEPA procedures in accordance with 40 CFR 1501.4(b),
1506.6 and part 1503. When developing a plan to include the public and
affected parties in the environmental analysis process, MDA will
consider the following factors: (1) The magnitude of the environmental
considerations associated with the proposed action; (2) the extent of
expected public interest; and (3) any relevant questions of national
concern.
6. Environmental Review Categories
A proposed action may fall into these five broad categories for
environmental review:
(a) Exemption by law. To use an exemption by law, the law must
apply to MDA and must prohibit, exempt, or make impossible full
compliance with NEPA.
(b) Emergencies. If an emergency requires MDA to take immediate
actions for national defense or security or to protect life or
property, the following provisions apply. (1) The responsible official
may take actions necessary to control the immediate impacts of the
emergency and are urgently needed to mitigate harm to life, property,
or important natural or cultural resources. When taking such actions,
the responsible official must take into account the probable
environmental consequences of the emergency action and mitigate
foreseeable adverse environmental effects to the extent practical. (2)
For emergency actions other than those actions in paragraph (b)(1), if
the responsible official responding to the emergency and the
Environmental Management Division jointly conclude the emergency
actions qualify for a CATEX and do not involve extraordinary
circumstances that prevent using a CATEX as defined in these
procedures, no further analysis is required to comply with NEPA before
proceeding with emergency actions. The Environmental Management
Division will prepare a Record of Environmental Consideration (REC) to
document this conclusion. (3) If the responsible official proposes
emergency actions other than those in paragraph (b)(1), and the actions
do not qualify for a CATEX but will not likely have significant
environmental impacts, MDA will document that determination in an
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) prepared in accordance with these procedures. If the
responsible official determines that the proposed emergency actions
must be undertaken before preparing an EA and FONSI, the Chief,
Environmental Management will consult with the MDA EE about alternative
arrangements for NEPA compliance. The EE may grant emergency
alternative arrangements that meet the intent of NEPA, to the extent
possible. To the maximum extent practical, these alternative
arrangements will ensure public notification and involvement. They will
focus on minimizing the adverse environmental consequences of the MDA
response action and emergency. Any alternative arrangements must be
documented. The Chief, Environmental Management will inform the Council
on Environmental Quality (CEQ) of these arrangements at the earliest
opportunity. (4) If the responsible official proposes emergency actions
other than those in paragraph (b)(1) and those actions are likely to
have significant environmental impacts, then the Chief, Environmental
Management must consult with CEQ about alternative arrangements in
accordance with CEQ regulations at 40 CFR 1506.11 as soon as possible.
(c) Categorical Exclusions (CATEXs). These are categories of Agency
actions (listed in Appendix B) that MDA has determined do not
individually or cumulatively have a significant impact on the human
environment. MDA may use CATEXs for a proposed action when there are no
extraordinary circumstances that warrant further analysis in an EA or
EIS.
MDA will document designated CATEXs in writing using a REC
(Appendix C). An MDA REC is a signed statement submitted with project
documentation that concisely documents that an MDA action has received
environmental review. The REC briefly describes the proposed action and
time period, identifies the MDA proponent and approving official(s),
addresses the use of screening criteria, and demonstrates that a review
was conducted to ensure that no extraordinary circumstances indicate
the need for further analysis. Qualifications for a CATEX are described
later in this section.
(d) Environmental Assessment (EA). Proposed MDA actions not covered
in the first three categories must be analyzed to determine their
potential environmental effects. An EA is used to determine whether to
prepare an EIS or a FONSI (40 CFR Sec. Sec. 1501.4 and 1508.9);
however, MDA is not required to prepare an EA if we have decided to
prepare an EIS. (See 40 CFR 1501.3(a)). The requirements for the EA are
addressed later in these procedures.
(e) Environmental Impact Statement (EIS). When a proposed action
has the potential for significant impacts or when an EA cannot support
a FONSI, an EIS will be prepared (40 CFR 1501.4). An EIS is initiated
by the notice of intent (NOI) and examines the potential significant
environmental effects of the proposed action plus measures to mitigate
those impacts. This process requires formal interaction with the
public, a formal scoping process, specified timelines for public review
of the documentation, and incorporation of
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public comments as well as any comments made by Federal, State, local,
and tribal agencies. Requirements for the EIS are addressed later in
these procedures.
7. CATEX
(a) If the proposed action qualifies as a CATEX and the screening
criteria are met, the action can proceed. Appendix B lists MDA's
CATEXs. Appendix C shows an MDA REC form to be used to document
designated CATEXs.
(b) MDA may use a CATEX only when the following screening criteria
are met: (1) The proposed action is a Federal action over which we have
primary responsibility and, as described in its entirety, is covered by
one or more CATEXs listed in Appendix B; (2) the proposed action does
not involve any of the extraordinary circumstances described in
paragraph (d) below; and (3) the proposed action does not involve using
unproven technology that could potentially result in unknown impacts.
(c) Applying a CATEX to an action does not eliminate the need to
meet other statutory or regulatory requirements including general
conformity, federally-listed threatened or endangered species or their
designated critical habitat, historic and cultural preservation, and
safe drinking water requirements or other applicable Federal, state, or
local regulatory requirements.
(d) ``Extraordinary circumstances'' arise when a typically
categorically-excluded action has the reasonable likelihood to result
in individually or cumulatively significant impacts on public health,
safety, or the environment, based on the specific situation where the
CATEX is applied. Extraordinary circumstances that preclude using a
CATEX include: (1) A reasonable likelihood the proposed action would
result in uncertain, unique, or unknown environmental risks, or is
scientifically controversial; (2) a reasonable likelihood the proposed
action would establish precedents or commit MDA to future actions with
potential for significant impacts; (3) a reasonable likelihood the
proposed action would threaten to violate Federal, state, or local
environmental laws; (4) a reasonable likelihood the proposed action
would adversely affect environmentally sensitive resources, such as,
but not limited to, Federally-listed threatened and endangered species,
their designated critical habitat, wilderness areas, floodplains,
wetlands, aquifer recharge areas, coastal zones, wild and scenic
rivers, and significant fish or wildlife habitat, unless the impact was
permitted, mitigated, or addressed through another environmental review
process, for example, the Clean Water Act or Coastal Zone Management
Act; (5) a reasonable likelihood the proposed action would adversely
affect known national natural landmarks, or cultural or historic
resources, including, but not limited to, property listed on or
eligible for the National Register of Historic Places, unless the
impact was permitted, mitigated, or addressed through another
environmental review process, such as the National Historic
Preservation Act; or (6) a reasonable likelihood of causing an increase
in surface transportation congestion that would exceed capacity of the
supporting infrastructure or otherwise cause significant impacts to the
human environment.
(e) MDA will review its CATEXs at least every seven years to
determine whether modifications, additions, or deletions are
appropriate, based on our experience and determination that
environmental impacts of certain activities are not significant. If MDA
acquires new responsibilities through legislation or administrative
restructuring, we may propose new or modified CATEXs after gaining
sufficient experience with the new activities to make a reasoned
determination that any resulting environmental impacts are not
significant. MDA will submit recommendations for modifications,
additions, or deletions to CEQ for informal consultation and
discussion.
8. Environmental Assessment (EA)
(a) An EA is a concise public document agencies/services prepare to
inform decision makers and determine if the proposed action has the
potential to significantly impact the environment (which then would
require the preparation of an EIS). In cases when no potentially
significant impact is expected, an agency/service documents this
determination with a FONSI. An EA may be prepared at any time to help
agencies/services plan and make decisions. Typical MDA actions normally
requiring an EA include: (1) New construction of facilities that
involves more than five cumulative acres of new surface disturbance;
(2) proposed actions that potentially result in significant changes to
established land use; or (3) actions substantially altering ongoing MDA
operations which could potentially lead directly, indirectly, or
cumulatively to substantial environmental impacts.
(b) An EA is prepared to assess the extent of potential
environmental impacts resulting from a proposed action and
alternatives, and to determine whether or not the impacts are likely to
be significant. The EA must include, at a minimum, the following
information and analyses: (1) Purpose and need for the proposed action
or activity; (2) description of the proposed action; (3) brief
discussion of the alternatives considered, including the ``no action''
alternative and the ``proposed action;'' (4) brief discussion of the
affected environment and region of influence; (5) analysis of the
potential environmental impacts of the proposed action and
alternatives; (6) list of preparers, agencies and persons consulted;
and (7) references.
(c) The analysis of potential environmental impacts (item (b)(5)
above) includes an assessment of the direct, indirect, and cumulative
impacts that can reasonably be expected from taking the proposed action
or reasonable alternatives. When there are direct or indirect effects
on an aspect of the environment from the proposed action, then MDA must
also consider cumulative effects. Cumulative effects are impacts on the
environment resulting from the incremental impact of the action when
added to other past, present, and reasonably foreseeable future
actions. Actions by Federal agencies, non-Federal agencies and private
parties must be included when considering cumulative effects, as
specified in 40 CFR 1508.7.
(d) The analysis for an EA leads to a determination to either issue
a FONSI or a NOI to prepare an EIS.
(e) MDA should coordinate preparing the EA with other agencies
(e.g., Federal, state, local, or tribal governments) when the action
involves resources they manage or protect. MDA may invite agencies with
jurisdiction by law and with special expertise, to participate as
cooperating agencies (40 CFR 1501.6, 1508.5, 1508.15, and 1508.26).
Factors for determining whether to invite, decline, or end cooperating
agency status are in Attachment 1 of the CEQ Memorandum for Heads of
Federal Agencies: Cooperating Agencies in Implementing the Procedural
Requirements of the National Environmental Policy Act (January 30,
2002).
(f) MDA may request public involvement in preparing the EA or
revising or supplementing the EA, or choose to involve the public after
the EA is prepared. MDA may use scoping but, would not publish the
notice in the FR unless the proposed action was of national interest.
MDA will select the type and format for public involvement to best
support on-time and meaningful public input and coordinate it with the
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host range/installation where applicable.
9. Finding of No Significant Impact (FONSI)
(a) MDA will prepare a FONSI as specified in 40 CFR 1508.13 to
briefly describe why a proposed action will not have a significant
effect on the environment and thus will not require an EIS.
(b) MDA will make the proposed final EA and proposed FONSI
available to the affected public, organizations, and individuals
requesting them, and to whomever we have reason to believe is
interested in the action through the various methods outlined in 40 CFR
1506.6 as we deem appropriate. The public, other Federal, tribal, and
state agencies and other government entities will be given an
opportunity to review and comment on the proposed final EA and unsigned
FONSI. The time period for public review will reflect the magnitude of
the proposed action and its potential for controversy about
environmental effects. A 30-day public review is normal, unless it is
unwarranted due to the limited scope of the proposed action and/or lack
of potential controversy about environmental effects. MDA will make EAs
and FONSIs available on our public Web site and provide an electronic
copy upon request. When MDA determines that it will enhance the
opportunity for public review, we will provide hard copies to local
public libraries or other public depositories.
(c) After closure of the public review period and considering the
comments received, the MDA Environmental Executive will determine
whether to revise the EA, sign the FONSI, start preparing an EIS, or
modify or stop considering the proposed action.
(d) MDA will make the final EA and signed FONSI available on our
public Web site.
10. Environmental Impact Statement (EIS)
(a) Classes of activities that normally require an EIS (40 CFR
1501.4) are: (1) Construction and operations of a major new deployment
site or test range, and (2) development, testing and employment of a
major new missile defense technology with unknown or potentially
significant effects on the environment.
(b) A draft and final EIS will include: (1) The purpose and need
for the proposed action and reasonable alternatives (as specified in 40
CFR 1502.13); (2) reasonable alternatives, including the preferred
alternative and no-action alternative and designation of the preferred
alternative (as specified in 40 CFR 1502.14); (3) the environment
affected or created by the alternatives (as specified in 40 CFR
1502.15); (4) the probable environmental impacts from alternatives
including the proposed action and measures (if any) to minimize impacts
(as specified in 40 CFR 1502.16); and (5) a list of the major preparers
of the EIS (as specified in 40 CFR 1502.17). EIS scope and detail
should be reasonably related to the scope and the probable
environmental impacts of the proposed action and alternative actions
(40 CFR part 1502).
(c) Once MDA decides to prepare an EIS, we will start scoping (as
specified in 40 CFR 1501.7). During scoping, participants help identify
the range of actions, alternatives and impacts to consider (40 CFR
1508.25). MDA will invite affected agencies and interested persons to
help determine the significant issues and alternatives to be addressed.
The scoping phase of the NEPA process, as part of project planning,
will include identifying aspects of the proposal that may have a
significant effect or involve controversy concerning environmental
effects. Scoping will ensure the NEPA analyses are useful for the
decision maker.
(d) As soon as practical after deciding to prepare an EIS and
before scoping, MDA will publish a notice of intent (NOI) to prepare an
EIS in the FR (as specified in 40 CFR 1501.7). This NOI (as specified
in 40 CFR 1508.22) will describe the purpose and need for the proposed
action, and any reasonable alternatives and potential environmental
impacts associated with the action that are available at this early
stage of the NEPA process. Those impacts that tentatively are
determined not to be significant and not warrant discussion in detail
in the EIS may be identified. If a public scoping meeting will be held,
the notice will state when and where. The NOI will identify the MDA
point of contact who can supply more information about the action and
to whom comments should be sent. There will normally be a public input
period of 30 days from the date of publication of the NOI in the FR to
allow other interested agencies and the public an opportunity to review
and comment. Based on input received, MDA will determine if any
additions or modifications to the schedule or scope of the EIS are
appropriate. MDA will consider, in scoping the NEPA analysis and
developing a draft EIS, the extent to which the greenhouse gas
emissions caused by a proposed action should be estimated and
evaluated.
(e) Analyzing potential environmental impacts includes assessing
the direct, indirect, and cumulative impacts that can reasonably be
expected from taking the proposed action or reasonable alternatives.
When there are direct or indirect effects on an aspect of the
environment, then MDA must also consider cumulative effects. Cumulative
effects are impacts on the environment resulting from the incremental
impact of the action when added to other past, present, and reasonably
foreseeable future actions. Actions by Federal and non-federal agencies
and private parties must be included when considering cumulative
effects (as specified in 40 CFR 1508.7).
(f) MDA should coordinate preparing the EIS with other agencies
when the action involves resources they manage or protect. MDA
generally will invite those agencies with jurisdiction by law to
participate as cooperating agencies. MDA may also invite them if they
lack such jurisdiction, in addition to other agencies with special
expertise, as cooperating agencies (40 CFR 1501.6 and 1508.5). Factors
for determining whether to invite, decline, or end cooperating agency
status are in Attachment 1 of the CEQ Memorandum for Heads of Federal
Agencies: Cooperating Agencies in Implementing the Procedural
Requirements of the National Environmental Policy Act (January 30,
2002).
10.1 Draft Environmental Impact Statement (DEIS)
(a) MDA will prepare a draft environmental impact statement (DEIS)
(as specified in 40 CFR 1502.9) in the format recommended in the CEQ
regulations at 40 CFR 1502.10 unless there is a compelling reason to
use another format.
(b) MDA will electronically file the DEIS with the Environmental
Protection Agency (EPA) and request comments from any Federal agency
that has jurisdiction by law, the public, native American tribes, or
other interested Federal, state, and local agencies (as specified in 40
CFR 1503.1). MDA will provide a minimum of 45 days for public comment
on the DEIS. The comment period will begin on the day of publication of
the EPA-issued Notice of Availability (NOA) in the FR (40 CFR 1506.10).
10.2 Final Environmental Impact Statements (FEIS)
After MDA internal approval, we will circulate the final
environmental impact statement (FEIS) (as specified in 40 CFR 1502.19).
MDA will transmit the FEIS to every person, organization, or agency
from which we received substantive comments on the draft and file the
FEIS
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electronically with the EPA (40 CFR 1506.9).
11. Record of Decision (ROD)
(a) After filing the FEIS with the EPA, a ROD will be prepared (as
specified in 40 CFR 1505.2) unless MDA announces that we are
withdrawing the proposed action.
(b) MDA will make the ROD available on the MDA public Web site. MDA
will also make the ROD available to the public through the various
methods outlined in 40 CFR 1506.6, as appropriate.
(c) An action for which an EIS was approved will not start until:
(1) 30 days after the EPA-issued notice of availability (NOA) that the
final EIS was published in the FR; or (2) 90 days after the DEIS NOA
was published in the FR by the EPA, whichever provides the public with
the most notice.
12. Memorandum for Record (MFR)
When MDA reviews actions covered in an existing EA or EIS that we
prepared, we may write a memorandum for record (MFR) to document that
review. When MDA is a cooperating agency in preparing an EIS, we may
adopt the lead agency's EIS without recirculating the EIS as a draft or
as a final EIS. MDA may do this when, after an independent review, we
conclude and document in an MFR that the lead agency adequately
addressed the adopting agency's comments and suggestions. Similarly,
when MDA is a cooperating agency in preparing an EA, we may adopt the
EA without recirculating the EA when, after an independent review, we
conclude and document in an MFR that the lead agency adequately
addressed the adopting agency's comments and suggestions (CEQ Guidance
Memorandum for Heads of Federal Department and Agencies: Improving the
Process for Preparing Efficient and Timely Environmental Reviews under
the National Environmental Policy Act, March 6, 2012; 40 CFR 1506.3).
13. Administrative Record
MDA must maintain the administrative record for the environmental
analysis performed. The administrative record must be retained by MDA
for seven years after completing the action, unless the action involves
controversy concerning environmental effects or is of a nature that
warrants keeping it longer. The administrative record includes all
supporting documents and information used to make the decision. This
administrative record should include, but is not limited to: (1) Maps
and or documents relevant to developing an EA or EIS; (2) formal
communication by a consulting or coordinating agency office; (3)
studies and inventories of affected environmental resources; (4)
correspondence with regulatory agencies; (5) correspondence with and
comments from, private citizens, tribes, local governments, and other
individuals and agencies contacted during public involvement; and (6)
confirmation of publications and transcripts of any public hearing. MDA
will prepare and maintain an index or table of contents for the
administrative record.
14. Mitigation and Monitoring
(a) MDA will indicate whether mitigation measures (as described in
40 CFR 1508.20) will be implemented for the alternative selected in
either the FONSI or ROD, what commitments MDA considered and selected,
and who will be responsible for implementing, funding, and monitoring
the mitigation measures.
(b) Where possible and appropriate because of amount, MDA will
include the cost of mitigation as a line item in the budget for a
proposed project. Upon request, MDA will also make the results of
mitigation monitoring available to the public.
(c) MDA may ``mitigate to insignificance'' potentially significant
environmental impacts found during preparation of an EA, instead of
preparing an EIS. The FONSI for the EA will include these mitigation
measures, which will be carried out as the project is implemented. If,
for any reason, MDA later abandons or does not meet the mitigation
commitments upon which the FONSI relied, we will prepare a supplemental
environmental document before continuing the project. If potentially
significant environmental impacts might result from any project
revisions, MDA will prepare an EIS if we used an EA for the decision to
proceed, or we will prepare a supplemental EIS, if we used an EIS for
the decision to proceed.
15. Supplemental EAs or EISs
(a) MDA will prepare a supplement to an EA or EIS in accordance
with 40 CFR 1502.9(c), when there are substantial or significant new
circumstances or information related to the proposed action, or to the
environmental concerns of the proposed actions, which bear on the
proposed action or its impacts. MDA may also prepare a supplement when
the purposes of NEPA will be furthered by doing so.
(b) MDA prepares supplemental documents following the same general
process as the original EA or EIS. No new scoping is required for a
supplemental EIS; however, we may choose to conduct scoping (40 CFR
1502.9(c)(4)).
(c) When a supplemental EA or EIS is prepared, MDA will issue a new
FONSI or ROD as appropriate.
16. Cooperating Agencies
When MDA is the lead agency (40 CFR 1501.5), we will invite Federal
agencies with jurisdiction by law to serve as cooperating agencies. MDA
may invite Federal, tribal, state and local agencies with special
expertise to serve as cooperating agencies. The roles of lead and
cooperating agencies are found in 40 CFR 1501.5, 1501.6, and 1508.5,
and the definitions of jurisdiction by law and special expertise are
found at 40 CFR 1508.15 and 1508.5.
17. Adoption of EA or EIS
The MDA may adopt an EA or EIS, or portion thereof, prepared by
another agency where the MDA proposed action is substantially the same
as the action described in the EA, in accordance with CEQ Guidance
Memorandum for Heads of Federal Departments and Agencies: Improving the
Process for Preparing Efficient and Timely Environmental Reviews under
the National Environmental Policy Act, March 6, 2012, or EIS, in
accordance with 40 CFR 1506.3(b). MDA will independently review the EA
or EIS and determine whether it is current, satisfies the requirements
of NEPA, and covers the proposed action. If the actions covered by the
original NEPA analysis and the MDA proposed action are substantially
the same, and MDA was not a cooperating agency, then we will reissue
the EA or EIS as a final document and prepare its own FONSI or ROD, as
appropriate.
18. Incorporation by Reference
MDA will incorporate material by reference to reduce paperwork and
bulk. MDA will incorporate previous NEPA analyses or relevant material
in an EA or EIS by citing and briefly describing the material, and
ensuring that any material incorporated by reference will be made
reasonably available for inspection by potentially interested persons
within the time allowed for comment either in the EA, EIS, or on our
Web site as specified in 40 CFR 1502.21.
19. Tiering
MDA will use tiered environmental documents to eliminate repetitive
discussions of the same issues and to focus on those issues relating to
specific
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MDA actions (40 CFR 1502.20 and 1508.28). If MDA adopts another Federal
agency's environmental document, we may also tier our subsequent MDA
environmental documents from the adopted document.
20. Classified Actions
(a) Classification of an action for national security does not
relieve MDA from the requirements of NEPA. MDA will prepare, safeguard,
and disseminate NEPA documents in accordance with MDA and DoD
requirements for classified information (i.e., MDA Manual 5200.02-M
``Information Security Program,'' DoD Manual 5200.01 ``DoD Information
Security Program,'' or current issuance).
(b) In accordance with DoD and MDA Security Policy, NEPA documents
that include classified information/actions will be written so that the
classified information/actions are included in separate appendix(es) so
that the unclassified portions of the documents can be made available
to the public.
(c) When classified information is such an integral part of the
analysis of a proposal that MDA cannot produce a meaningful
unclassified NEPA analysis, the MDA proponent, in consultation with the
appropriate environmental offices, will form a team to review the
classified NEPA analysis. This team will include environmental
professionals to ensure the consideration of environmental effects is
consistent with the letter and intent of NEPA, including public
participation requirements for unclassified aspects.
21. Actions Occurring on Host Installations or Ranges
MDA as a tenant will work with the host agency/service to fulfill
MDA and the host's implementing regulations (or procedures) and
guidance in complying with NEPA and related Executive Orders. The
specific requirements of the agency/service making a decision supported
by the NEPA analysis and documentation will apply. If multiple agencies
will use the NEPA analysis and documentation, then the process followed
in developing it will comply with the most stringent requirement in the
respective NEPA implementing procedures and regulations.
Appendix A--Abbreviations and Acronyms
ACM Asbestos-containing material
ANSI American National Standards Institute
BMDS Ballistic Missile Defense System
CATEX Categorical Exclusion
CEQ Council on Environmental Quality
CFR Code of Federal Regulations
DEIS Draft Environmental Impact Statement
DPF Facilities, Military Construction, & Environmental Management
Division
EA Environmental Assessment
EE Environmental Executive
EIS Environmental Impact Statement
E.O. Executive Order
EPA Environmental Protection Agency
FEIS Final Environmental Impact Statement
FR Federal Register
FONSI Finding of No Significant Impact
IEEE Institute of Electrical and Electronics Engineers
LBP Lead-based paint
MDA Missile Defense Agency
MFR Memorandum for Record
NEPA National Environmental Policy Act
NOA Notice of Availability
NOI Notice of Intent
OSHA Occupational Safety and Health Administration
PCB Polychlorinated biphenyl
RCRA Resource Conservation and Recovery Act
REC Record of Environmental Consideration
ROD Record of Decision
SPCC Spill Prevention, Control and Countermeasure
U.S.C. United State Code
Appendix B--Categorical Exclusions (CATEXs)
Actions categorically excluded in the absence of extraordinary
circumstances are listed below.
CATEX List:
B-1. Normal personnel, fiscal or budgeting, and administrative
activities and decisions including those involving military and
civilian personnel (for example, recruiting, processing, paying, and
recordkeeping).
B-2. Preparing, revising, or adopting regulations, instructions,
directives, or guidance documents including those that implement
without substantial change the regulations, instructions,
directives, or guidance documents from higher headquarters or other
Federal agencies.
B-3. Decreases, increases, relocation, and realignment of
personnel into existing Federally-owned or commercially-leased space
that does not involve a substantial change affecting the supporting
infrastructure or use of space (e.g., no increase in traffic beyond
the capacity of the supporting network to accommodate such an
increase).
B-4. Routine procurement of goods and services conducted in
accordance with applicable procurement regulations, Executive
Orders, and policies to support operations and infrastructure,
including routine utility services and contracts.
B-5. Administrative study efforts involving no commitment of
resources other than personnel and funding allocations. If any of
these study efforts result in proposals for further action, those
proposals must be considered separately by an appropriate CATEX or
NEPA analysis. Examples include, but are not limited to: Studies to
further administrative, personnel-related, architectural,
engineering, safety, security, siting, and facility audit
activities.
B-6. Studies, monitoring, data and sample collection, and
information gathering that involve no permanent physical change to
the environment. If any of these activities result in proposals for
further action, those proposals must be considered by an appropriate
CATEX or NEPA analysis. Examples include, but are not limited to:
a. Surveys for threatened and endangered species, wildlife and
wildlife habitat, historic properties and archeological sites;
wetland delineations; minimal water, air, waste, material, and soil
sampling (e.g., grab samples).
b. Vulnerability, risk, and structural integrity assessments of
infrastructure.
c. Environmental Baseline Surveys or Environmental Condition of
Property Surveys.
d. Topographical surveying and mapping that does not require
cutting and/or removal of trees.
B-7. Sampling, well drilling and installation, analytical
testing, site preparation, and minimally intrusive physical testing.
These activities could involve minor clearing and grubbing or
movement of heavy equipment such as drill rigs. If any of these
actions result in proposals for further actions, those proposals
must be considered by an appropriate CATEX or NEPA analysis.
Examples include, but are not limited to:
a. Sampling for asbestos-containing materials (ACMs),
polychlorinated biphenyls (PCBs), and lead-based paint (LBP).
b. Topographical surveys and surveys for unexploded ordnance.
c. Minimally-intrusive geological, geophysical surveys, geo-
technical activities, and seismic studies.
d. Minimally-intrusive sampling to determine if hazardous
wastes, contaminants, pollutants, or special hazards are present.
e. Ground water monitoring wells, subsurface soil sampling, and
soil borings (REC required).
B-8. Immediate response to the release or discharge of oil or
hazardous materials in accordance with an approved Spill Prevention,
Control, and Countermeasure (SPCC) Plan or Spill Contingency Plan,
or that is otherwise consistent with the requirements of the EPA
National Contingency Plan.
B-9. Temporary use of transportable power generators or
operational support equipment when located in a previously disturbed
area and when operated in compliance with applicable regulatory
requirements.
B-10. Routine movement, handling, use, and distribution of
materials, including hazardous materials or wastes moved, handled,
or distributed in accordance with applicable regulations, such as
the Resource Conservation and Recovery Act (RCRA), Occupational
Safety and Health Administration (OSHA), and Hazardous Materials
Transportation Act (HMTA).
B-11. Routine movement of mobile test assets (such as ships,
aircraft, mobile sensors, telemetry, etc.) for routine missile
defense test and evaluation; repair, overhaul or maintenance; or
home port reassignments where no new support facilities are
required.
B-12. Activities and operations to be conducted in an existing
non-historic structure which are within the scope of and are
compatible with the present functional
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use of the building, will not cause a substantial increase in waste
discharged to the environment, will not result in substantially
different waste discharges from current or previous activities, and
emissions will remain within established permit limits, if any.
B-13. Acquisition, installation, modification, routine repair
and replacement, and operation of utility (e.g., water, sewer, and
electrical) and communication systems, mobile antennas, data
processing cable and similar electronic equipment that use existing
rights-of-way, easements, distribution systems, facilities, or
previously disturbed land (REC required).
B-14. Acquisition, installation or minor relocation, operation
and maintenance, or evaluation of physical security devices or
controls to protect human or animal life and to enhance the physical
security of existing critical assets in compliance with applicable
Federal, tribal, state and local requirements to protect the
environment. Examples include, but are not limited to:
a. Motion detection systems.
b. Raptor electrocution prevention devices.
c. Lighting.
d. Remote video surveillance systems.
e. Access controls.
f. Physical barriers, fences, grating, on or adjacent to
existing facilities (REC required).
B-15. Maintenance of archaeological, historical, and endangered
or threatened species avoidance markers, fencing, and signs.
B-16. Road or trail construction and repair on existing rights-
of-ways or in previously disturbed areas which do not result in a
change in functional use. Runoff, erosion, and sedimentation are
controlled through implementation of best management practices (REC
required).
B-17. Routine repair and maintenance of buildings, vessels,
aircraft, grounds, and other facilities and equipment which do not
result in a change in functional use or a significant impact on a
historically significant element or setting. Examples include, but
are not limited to: Repair of roofs, doors, windows, or fixtures,
localized pest management, and minor erosion control measures.
B-18. New construction or equipment installation or alterations
(interior and exterior) to or construction of an addition to an
existing structure that is similar to existing land use if the area
to be disturbed has no more than 5.0 cumulative acres of new surface
disturbance. The following conditions must be met:
a. The structure and proposed use are compatible with applicable
Federal, tribal, state, and local planning and zoning standards.
b. The site and scale of construction or improvement is
consistent with those of existing, adjacent, or nearby buildings.
c. The construction or improvement will not result in uses that
exceed existing support infrastructure capacities (roads, sewer,
water, parking, etc.).
This does not include construction of facilities for the
transportation, distribution, use, storage, treatment, and disposal
of solid waste or hazardous waste (REC required).
B-19. Demolition of non-historic buildings, structures, or other
improvements and repairs that result in disposal of debris there-
from, or removal of a part thereof for disposal, in accordance with
applicable regulations, including those regulations applying to
removal of ACM, PCBs, LBP, and other special hazard items (REC
required).
B-20. Research, testing, and operations conducted at existing
facilities and plants or laboratories (including contractor-operated
laboratories and plants) and in compliance with all applicable
safety, environmental, and natural conservation laws. Examples
include, but are not limited to: Wind tunnels, high-energy lasers,
remote-sensing instruments, vacuum chambers, high-altitude simulator
facilities, and propellant testing facilities.
B-21. Routine installation and use of radars, telemetry systems,
communications equipment, and other essentially similar facilities
and equipment within a launch facility, mobile platform, military
installation, training area, or previously disturbed area that
conform to current American National Standards Institute/Institute
of Electrical and Electronics Engineers (ANSI/IEEE) guidelines for
maximum permissible exposure to electromagnetic fields (REC
required).
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