ML17338B291
| ML17338B291 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Warren C COUNCIL ON ENVIRONMENTAL QUALITY |
| References | |
| FOIA-80-246 NUDOCS 7907250159 | |
| Download: ML17338B291 (4) | |
Text
~ 'gy.$ 'aaI'rCi,
<<>>xvc>>
, OF FICE OF THE CHAIRMAN UNITE D STATES NU AR REGULATORY COMV)ISSION WASHINGTON, O. C. 20555 May 31, 1979 ATTACHMENT STAFF NOTION 4/27/8 I
I
/
The Honorable Charles H. kiarren ChairITIan, Council on Environmental equality Executive Office of the President 722 Jackson
- Place, H.M.
'Washington, D.C.
20006 I
Dear Chairma Warren: ~a ~
The ComIission supports the objectives of Executive Order 11991 to make the environmental impact statement process more useful to decisionmakers and the public., to reduce paperwork and delay, and to focus on real environmental issues and alternatives.
Towards this end and to the extent possible and consistent with its substantive statutory responsi-bilities, the Conmission plans to carry out its responsibilities under the.National Environmental Policy Act, as
- amended, in a ranner consis ient with the procedures promulgated by the Council.
The November, 29, 1978 issue of the Federal Register in which the text of CEO's final NEPA regulations appeared contains a detailed account of the concerns and problems which the Council considered and addressed in preparing th'e regulations in effective form.
Although this statement is helpful in understanding some of the 'broad objectives and specific pro-visions of the Council's HEPA regulations, it does not provide guidance on how conflicts between CEg's HEPA requirements and HRC's responsibili-ties as an independent regulatory agency might best be resolved.
Me have concluded that a sound accomnodation can be reached between HRC's independent regulatory responsibilities and CEg's objective of establish-ing uniform hEPA procedures.
To achieve this goal,/the Conmission would undertake to develop regulations to take account of CEg's NEPA regulations voluntarily, subject to the following conditions:
1.
The Commission reserves'the right to examine future interpretations or changes to the regulations on a case-by-case basis.
2.
The effect of'ome specific provisions of CEg's HEPA regulations (e.g.,
1502.14(b).,
1502.22(b) and 1508.18) on the CoInmission's
'egulatory activities is unclear.
The Commission will devote additional study to these matters before developing implementing regulations.
0
~p>>
f I
3.
HRC reserves the right to prepare an independ nt environmental impact statement whenever it has jurisdiction over a particular activity even though it has not been designated as lead agency for preparation of the statement.
4.
hRC reserves the right to make a final decision on all matters t ithin its regulator y authority despite the provisions of 40 CFR Part 1S04 which provide procedures for predecision referrals'to
- CEg, should such procedures be employed by another agency with r spect to an HRC action.
It is the Cornission's present plan to develop implementing tlEPA regu-.
lations in accordance with the above, guidelines.
1~e would appreciate any comm ents which you may wish to make'concerning this approach.
The HRC staff has been instructed to consult with members of your staff throughout the drafting process.
Me have every confidence that this continuing dialogue will yield a set of irnple~enting regulations which the Council and the Cor~nission will.find mutually acceptable.
Sincerely,
.Ori@ ~~
Sic. eggy
~9oso~ P.. He:~ie
.Chairman
0 0~
I 4 +%'