ML19350D216
| ML19350D216 | |
| Person / Time | |
|---|---|
| Site: | 05000514, 05000515 |
| Issue date: | 04/06/1981 |
| From: | Hastings W PORTLAND GENERAL ELECTRIC CO. |
| To: | Bowers E, Jordan W, Martin W Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8104140263 | |
| Download: ML19350D216 (7) | |
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Elizabeth S. Bowers, Ecq.
In n.ne r rim,n a Atomic Safety and Licensing Board U.
S. Nuclear Regulatory Commission
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Washington, D. C.
20555 j
Dr. Walter H. Jordan N
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881 West Outer Drive 6-USNRC Oak Ridge, Tennessee 37830 c
APR 101981
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Cffee of the Secretwy Dr. William E. Martin Docketini & Service Senior Ecologist Branch y
Battelle Memorial Institute Q
Columbus, Ohio 43201 QG In the Matter of PORTLAND GENERAL ELECTRIC COMPANY (Pebble Springs Nuclear Plant, Units 1 and 2, Docket Nos. 50-514 and 50-515)
Dear Members of the Board:
Counsel for the NRC Staff has furnished you a Stipulation relating to Mr. Marbet's contentions on site suitability.
On page 4 of the Stipulation, the Board will note that Applicants oppose the admission of Mr. Marbet's Proposed Contention AS-5.
The Board will further note that Applict.nts' argument opposing admission of this contention is to be submitted to you by April 15, 1981.
This letter constitutes the statement of Applicants' position.
10 CFR S2.714 requires that there be some basis for contentions raised by Intervenors.
As held by the Appeal Board in Duquesne Light Company (Beaver Valley Power Station, Unit 1), ALAB-109, 6 AEC 243 (1973), a contention must raise a genuine issue requiring resolution.
It is Applicants' position that Mr. Marbet's Contention AS-5 does not raise such an issue.
Resolution of Contention AS -S is irrelevant to this proceeding even if established by competent evidence.
1300 Willamette Center 121 S.W.F ' on S;reet, Portland, Oregon 97204 (503) 220 ' uw o
04140} &
Portimd General BedricConTxiny Elizabeth S. Bowers, Esq.
Dr. Walter H. Jordan Dr. William E. Martin April 6, 1981 Page 2 Proposed Contention AS-5 states the NRC Staff's treatment in its Supplemental Environmental Statement on alternative sites fails to meet the intent of the new regulations of the Council on Environmental Quality.
Assuming Mr. Marbet is able to establish in fact that this is the case, the question here is what relevance has this to this proceeding as these regulations specifically pro-vide they cre not applicable to this proceeding.
10 CFR S1506.12 of the regulations referred to by Mr. Marbet in Contention AS-5 provides in part:
"The effective date of these regulations is July 30, 1979, ***.
"(a)
- These regulations do not apply to an environmental impact statement or supplement if the draft statement was filed before the effective date of these regulations.
No com-pleted environmental documents need be redone by reason of these regulations.
Until these regulations are applicable, the Council's guidelines published in the Federal Register of August 1, 1973 shall continue to be applicable As noted above, it is the date of issuance of the draft environmental impact statement which determines whether 40 CPR S1500 applies or not.
The draft environmental impact statement on the Pebble Springs Nuclear Plant was issued in February of 1975.
Clearly then, the new Council on Environmental Quality regulations have no bearing on this matter unless as noted in 40 CFR S1506.12 an agency desires to implement the same at an earlier date.
The NRC's proposed regulations on implementing the new regulations of the Council on Environmental Quality indicate they would not be applied to Pebble Springs.
S21.12 of the new proposed regulations of the Nuclear Regulatory Commission (45 FR 13739 at page 13751) provides:
" (c)
The regulations in this subpart are not applicable to any supplement to a draft environmental impact statement, any final environmental impact statement or any supplement to a final environmental l
i
PDftllNulM ElodricW Elizabeth S.
Bowers, Esq.
Dr. Walter H. Jordan Dr. William E. Martin-April 6, 1981 Page 3 impact statement filed with the Environmental Protection Agency on or after July 30, 1979, if the draft environmental impact statement on the action to which the document relates was filed with the Environmental Protection Agency on or before July 29, 1979."
In conclusion, it is the filing date of the draft environmental impact statement under either the Council's or NRC's rules that is determinative.
In the present proceeding that was February of 1975.
- Hence, under the Council on Environmental Quality's rules or under the present NRC rules or its neti proposed rules'as quoted above, it is totally irrelevant to this proceeding whether the Staff's first supplement complies or not.
As a consequence, there is no genuine issue to be resolved in this proceeding and as a matter of law Contention AS-5 must be stricken.
Copies of the applicable regulations are enclosed for the Board's consideration.
A copy of this letter is being sent to all parties.
Yours very truly, W
Rf Warren Hastrngs WH:dp Enclosure c:
All Parties 1
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8 13739 o
Propo' sed Rules
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Vol. 45. No. 43 Atonday. Atart.h 3,19ao Trns section of the FEDERAL. REGISTER agency, published a new Part 51 in crder, accommodation can be reached contains notices to the putAc of tre lo consolidate Commission policy and between NRC's independent regulatory proposed issuance of Mes and procedure for implementing sectic.n responsibilities and CEQ's objective of
,regutatons. The purposa of these notices 102(2)(C) of the National Environmental establishing uniform NEPA procedures" is so give interested persons an Policy Act of1D09, as amended (NF.PA).
and stating that "the Commission would
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- [opon in one place in the Commission's undertake to deyelop regulations to take f
Gnat re lations. Part St. which became account of CEQ s NEPA regulations e,
ef ective August 19,1974. was also voluntarily " subject to the following Intended to implement revised conditions:
NUCl. EAR REGULATORY Cuidelines of the Council on "1.The Commission reserves the right COMMISSION -
- Environmental Quality which were to esamine future interpretations or published in the Federal Register on changes to the regulations on a case.by.
10 CFR Parts 2,30,40,50,51,70,and August 1,1973 (38 FR 20550-205c2) and, case basis.
110 pertained to preparation of "2.The effect of some specific environmentalimpact statements under provisions of CEQ's NEPA regulations Environmental Protection Regulations for Domestic Licensing and Related NEPA. When the Nuclear Regulatory (e g.15G2.14(b).1502.22(b) and 1508.18)
Regulatory Functions and Related Commission was established on January on the Commission's regulatory 19.1975,it retained to CFR Part 51 as activities is unclear. (Sec SECY-7b305.
Conforming Amendments part of its ragulations.
available in the Commission's Public ActNcr. U.S. Nuclear Regulatory On May 24.1977, the President issued Document Room.) The Commission will Commission.
Executive Order 11991 (42 FR 20957-devote additional study to these matters ACYloN: Proposed rule.
20958. May 25,1977) which directed the before developing implementing Council on EDnnmentalQuality regulations.
SuuuAnt:The Nuclear Regulatory TCEQ) to issue regulations to the Federal "3. NRC reserves the right to prepare Commission (NRC)is considering escDdes io in@!cment all the procedural an independent environmental impact '
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revising Part 51 of its regulations to provisinns ' f NEPA.'Iri~tliis same ~
statement whenever it has jurisdiction o
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implement section 102(2) of the National ETecutiie Order, the President also over a particular activity even though it Environmental Policy Act of 1969, as amended (NEPA). in a manner which is directed Federal agencies to comply has not been designated as lead agency consistent with the NRC's domestic with regulations issued by CEQ "except for preparation of the statement.
where such compliance would be "4. NRC reserves the right to make a licensing and related regulatory authority and which reilects the inconsistent with statutory final decision on all matters within its requirements."
regulatory authority despite the Commission s policy to take account voluntarily, subject to certain in response to the President's provisions of 40 CFR Part 1504 which conditions, of the regulations of the directive, and after an extensive period proside procedures for predecision Couned on Environmental Quality of study, consultation and review which referrals to CEQ. should such implementing the procedural provisions included public hearings, issuance of procedures be employed by another of NEPA.
draft regulations and a two month agency with respect to an NRC action."
period for public review and comment.
In the paper to the Commission oAtt: Comment period expires May 2 the Council on Environmental Qual.ty (SECY-79-305 at p.12). NRC staff also 1981 published final regulations implementing identified several specific provis:ons of Acontssts:Allinterested persons wbb the procedural provisions of NEPA and the CEQ NEPA regulations (see SECY-desire to submit written comments or uncectiha!Jhescregulatiam Id 79-305. Enclosure DJ which could a
suggestions for consideration in become effective July 30.1979 (43 present problems if NRC were not connection with the proposed rule 55978-500nU'~6 ""LJ'978) The allowed flexibility in implementing should send them to the *ecretary of the reWiilins stated that the CoinLFs them. In that paper, the NRC staff Commission. U.S. Nuclear Regulatory current guidelines, as published in the informed the Commission that CEQ had Commis sion. Wa shington. D.C. 20555.
Federal Register on August 1.1973 been consulted informally about these Attention: Docketing and Service would remain in effect until that date.
provisions and that based on CEQ s Branch. Ccpies of all comments received Following publication November 29.
response to the NRC ataffs concems. it may be examined in the Commission's 1978. CEQ's NEPA regulations were did not appear that implementation of Public Document Rocm at 1717 H Street, closely studied by NRC staff. On May 1 these provisions would be difhcult.
NW., Wa shingt on. D.C.
1979. NRC staff submitted a paper to the In the opinion of the Commission. $c rom runTHen turonMATION CONTACT'.
Commission (SECY-79-305) informing proposed revision of to CFR Part 51 Jane R.Mapes. Assistant Regulations the Commission of the results of the p{u'Llished today for public comm
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Counsel. Office of the Executive legal staffs analysis of CEQ's NEPA p TJes a reasonable and sound ~
Director. U.S. Nuclear Regulatory regulations and requesting guidance. In accornrnoEtioFibeiseen NRCT Commission. Washington D.C. 20555 response, the Commission prepared a Tri!c'pTruTent rcgulatory responsibihties
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telephone:(301) 492-6005.
letter for the signature of the Chairman and CEQ's ' objective of establishing-~
supeLEMENT AnY INFORM ATION:On July which was sent to the Chairman of the u'ndorm NEPA prodedures. It also
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18,1974 (39 FR 26279). the Atomic Council on Environmental Quality on refldts a fec~og~nition of the Energy Commission, the Nuclear May 31.1979 expressing the Commission's role (in its licensing Regulatory Commission's predecessor Commission's view "that a sound capacity as opposed to its enforcement w
P00R ORIGINALS e
n-0 Feder:l Regist:r / V;l. 45, N;. 43 / hfond:y, hfarch 3,1980 / Proposed Rules 13751
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Federal Water Pollution Control Act i 51.14 Definitions.
which the Commission is responsible (FWPCA)" attached as Appendix A to (a) As used in this subpart:
that briefly states the reasons why an the "Second Efemorandum of (1)" Categorical Exclusion" means a action, not otherwise excluded. wi!! not Understanding Regarding category of actions which do not have a significant effect on the human Implementation of Certain NRC and individually or cumulatively have a environment and for which therefore an EPA Responsibilities" published in the significant effect on the human environmentalimpact statement will not Federal Register on December 31,1975 environment and which the Commission be prepared.
(40 FR G0115) and effective January 30, has found to have no such (Lct in (9)"NEPA" means the National accordar.cc with procedures set out in Environmental Policy Act of 1909. as 1978.
i 51.02. and for which therefore, neither amended (Pub. L 91-190. 83 Stat. 852, (d) Commission actions initiating or an enWonmmtal assessment not an 850, as amended by Pub. L 94-83,83 relating to administrative or judicial civil or criminal enforcement actions or environmental impact statement is Stat. 424,42 U.S.C. 4321. et seq.).
proceedings are not subject to section required.
(10)" Notice ofIntent" means a notice (2)" Cooperating Agency', means any that an environmental impact statement 102(2) of NEPA.These actions include Federal agency other than the NRC will be prepared and considered.
issuance of notices and orders pursuant which has junsdiction by law or special (b) The definitions in 40 CFR 1508.3, to Subpart B of Part 2 of this chapter, expertise with respect to any 1500.7.1508 8,1508.14.1500.15.1500.10 and metters covered by Part 100 of this env r nmentalimpact inv hed in a 1508.17,1508.18 (except insofar as chapter.
proposal (or a reasonable alternative) actions are defined to include failures to I 51.11 Retationship to other subparts, for legislation or other major Federal a c t ). 1508. 20.1508. 23. 150825, 150826.
IReserved) action significantly affecting the quality and 1508.27, will also be used in of the human environment.11y implementing section 102(2) of NEPA.
I 51.12 Application of subpart to agreement with the Commission, a State Time schedules.
Proceedings.
or local agency of similar qualifications i 51.15 (a) Except as otherwise provided in or, when the effects are on a Consistent with the purposes of this section, the regulations in this reservation, an Indian Tribe may NEPA, the Administrative Procedure subpart shall apply to the fullest extent become a cooperating agency.
Act, il 51.100 and $1.101, and with other practicable to ongoing activities and (3) " Council" mea.ns the Council on essential considerations of national environmental dccuments begun before Environmental Quality established by policy:
(Effective date of NRC regs to be Title 11 of NEPA.
(a) The appropriate NRC staff director inserted.)
(4)" Environmental Assessment" or his designee may, and upon the means a concise public document for request of en applicant for a proposed (b) No environmental decyfnent which the Commission is responsible action or a petitioner for rulemaking completed on or before insert effective shall, establish a time schedule for all or that serves to:
date of NRC regsj need lredone and (i) Briefly provide sufficient evidence any constituent part of the NRC staff no notice of intent to prepare or notice and analysis for determining whether to NEPA process. To the maximum extent of availability of an environmental prepare en environmentalimpact practicable, the NRC staff will conduct document published on or before (insert statement or a finding of no : graficant its NEPA review in accordance with any eLetive date of NRC re s need be time schedule established under this ISP"C' republished by reason o ese (ii) Aid the Commission,i compliance section. Whenever the NRC staffis we WA wbn n envir nmental unable to ineet a time schedule (c) The runlstinns2n this subpart r-et t nr request e ap ropriate,
en ron ental pact s a r nt, envir mentalimpac s atement w, hen NRC staff director or his designee will any final environmentalimpact statement or any supplement to a final 5) fro'nm rtial document"
" " I*
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environmental impact statement filed includes the documents specified in E9"
".3
"' ' ^ " "
with *he Environmental Protection i 51.14(a)(4) (environmental E
Agency on or after july 30,1979. if the assessment). I 51.14(a)(6) draft environmental impact statement (ennronmentalimpact etatement)' nt body may establish a time schedule for on the action to which the document i 51,14(a)(8)(finding of no significa all r any part ofits actions pursuant to relates was filed with the Environmental' impact),5 51.14(a)(7)(environmental Protection Agency on or before July 29, report) and any supplements to or 1979.
comments upon those documents, and Preliminary Procedures I
E 0) * '*
Classification of Licensing and i 51.13 ' Emergencies.
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whenever emergency circumstances means a detailed written statement as make it necessary, the Commission may required by section 102(2)(C) of NEPA.
I 51.20 Crtteric for and identification of take an action with significant
[7] " Environmental report" means a licensing and regutatory actions requinng environmentalimpact without observing document submitted to the Commission environme ntalimpact statements, the provisions of these regulations.This by an applicant for a permit license, or (a) Licensing and regulatory actions exernption only applies to actions other form of permission, or an requiring an environmental impact necessary to control the immediate amen iment to or renewal of a permit, statement shall meet at least one of the impacts of the emergency.When an license or other form of permission, or following criteria:
emergency action covered by this by a petitioner for rulemaking. in order (1) The proposed action is a major section is taken, the Commission will to aid the Commission in complying Federal action significantly affecting the consult with the Council concerning with section 102(2) of NEPA.
quality of the human environment, appropriate alternetive NEPA (8)" Finding of No Significant Impact" (2) The proposed action involves a arrangements.
means a concise public documen r tter h th Corr s n in the o
V o
g 55978 RULES AND REGULATIONS
[3125-ObM]
fered over the scight which should be trane ous barkground data, in order to em.
accorded the Guidelines in evaluating phun the need to focus on real environ.
Title 40-Protectiory ef Environment agency compliance with the statute.
mental issues. and alternatives."
a CHAPTER V-COUNCIL ON
. The result has been an evolt.! ion of
)
- 2. SUWARY Or M AJolt INNoVAT!oNs IN inconsistent agency practices and in.
m her Ns
)
ENVIRONMENTAL QUALITY terpretations of the law. The lack of a uniform, government. wide approach Following this mandate in develop.
NATIONAL ENVIRONMENTAL POLICY to impicmenting NEPA has impeded ing the new regulations. se have kep; Federal coordination and made it in mind the threefold objective of less ACT-REGULATIONS snore difficult for those outside gov-paperwork, less delay, and better deci.
ernment to understand and participate sions' implemenlah.on of P ocedural in the environmental review process.
Provisions It has also caused unnecessary dupli.
A. REDUCING PArt.RWung cati n. delay and paperw rk.
These regulations reduce paperwork AGENCY: Council on Environmental Quality. Exective Office of the Prest.
E **#*
Or 1151.the d ines e e dent.
^UI
' #'8"I"'
fined to Subsection (C) of Section
- D
- P"*
' ' '4 "I" * '" I' ACTION: Final regulations.
102(2) of NEPA-the requirement for g[c,
SUMMARY
- These final regulations = ""Vironmer tal impact statements. The
- 1. Reducing the length of enriron.
establish uniform procedures for im-~
.usdelines did not address Section mental impact statements. Agencies plementing the procedural provisions 102(21s other important provisions for are directed to write concise EIss of the National Environmental Policy agency planning and decisionmakine.:
({ 1502.2(c)). shich normally shall be Act.The regulations would accomplish Consequently, the environmental less than 150 pages, or, for L.roposals
+
three principal aims: to reduce paper.
Impact statement hu tended t of unusual scope or complexity. 300 become an end in itself rather than a work, to reduce delays, and to produce pages () 1502.7) better decisions. The regulations were means to making better decisions. En-AaNing reef afternalit es issued in draf t form in 43 FR 25230- vironmental impact statements have
,g often failed to establish the link be.
25247 (June 9.1978) for public review tween shat is learned through the and comment and reflect changes g
g made as a result of this process.
NEl A process and how thi in f orma-2.14,
. ); to e proc <,ss 3
tion can contribute to decisions which trent peripheral rnatters briefly EFFECTIVE DATE: July 30 1979.
further national environmental poll-(See exceptions listed in i 1506.12.)
cies and goals.
(f 1502.2(tm; and to avoid accumulat.
FOR FURT11ER INFORMATION To correct thece problems, the Presi, ing masses of background data shich CONTACT:
dent issued Exceutive Order 11991 on tend to obscure the important issues May 24.1977 directing the Council to
( $1 1502.1.1502.15).
Nicholas C. Yost. Oeneral Cour.scl.
Issue the regulations. The Fxecutive 111. Using an cady scoping" process a
Council on Environmental Quality. Order was based on the President's to determine tch a t the importa nt Executive Office of the President. Constitutional and statutory authori. tssues are. A new " scoping" procedure 122 Jackson Place NW., Washington, ty, includmg NEPA. the Environmen. is established to assist agencies in de.
D.C. 20006 (telephone number 202-tal Quahty Improvement Act. and Sec.
ciding what the central issues are, how 633-1032 or 202 295 5750).
tion 309 of the Clean Air Act The long the EIS shall be, and how the re.
SUPPLEMENTARY INFORM ATION: President has a constitutional duty to sponsibility for the EIS will be allo.
insure that the laws are f aithfully ex.
cated among the lead agency and co.
1.PUneost ecuted (U.S. Const arL II. sec. 3).
operating agencies (f 1501.7). The We are publishing these final regula. which may be delegated to appropri. scoping process is to be gin as early in
- tions to implement the procedural pro.
ate officials. (Title 3 U.S.C.. Sec. 301).
the NEPA process as possible-In most visions of the National Environmental In signing Executive Order 11991, the cases, shortly af ter the decision to pre.
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Policy Act. Their purpose is to provide President delegated this authority to pare an EIS-and shall be integrated all Federal agencies with efficient, unj.
the agency created by NEPA. the with other planning.
. form procedures for translating the Council on Environmental Quality.
iv. Using plain language. The regula.
law into practical action. We expect In accordance with this directive, tions strongly advocate writing in the new regulations to accomplish the Council's regulations are binding plain language (l 1502.8).
three principal aims: To reduce paner. on all Federal agencies, replace nnm-
- v. Follotcing a clearformat The reg.
work, to reduce delays, and at the seventy differer. - us agency regu.
ulations recommend a standard j
same time to produce better decisions lations, and provide uniform standards format intended to eliminate repet.
g which further the national policy to applicable throughout the Federal itive discussion stress the major con.
protect and enhance the quahty of the government for conducting environ-clusions. highiicht the areas of contro.
h mental reviews. The regulations also versy, and focus on the lasues to be re.
f uman environment.
The Council on Environmental establish formal guidance from the solved (i 1502.10).
J Quality is responsbile for overseeing Council on the requirements of NEPA vi. Requiring summartes of entaron.
.]
Federal efforts to comp!v with the Na.
for use by the courts in interpreting mentat impact statements. The regula.
tional Environmental Policy Act this law. The regulations address all tions are intended to make the docu-("NEPA"). In 1970, the Council issued nine subdivistoru of Section 102(2) of ment more usable by more people h
Guldelines for the preparation of envi. the Art rather than just the EIS pro-(i 1502.12 L With some exceptions, a ronmental Impact statements (EISs) nision covered by the Guidelines. Pi-summary may be circulated in lieu of 1"
under Executive Order 11514 (1970).
nally, as mandated by President the environmental impact statement lf The 1973 revised Guidelines are now Carter's Executive Order, the regula-the latter is unusually long (i 1502.19).
in effect. Although the Council con.
tions are vil. Ehminating duplicc! ion. Under
... desicned to make the enuronmen-the regu!ations Federal agencies may ceived of the Guidelines as non discre.
tionary standards for agency dccts:on. tal Impact statement more useful to deep prepare EISs jomtly with State and making. some agencies viewed them as stonmakers and the purbc; and to reduce local units of government %hich have advisory only. Similarly. courts dif.
paperwork and the accumulation of e x-
"little NEPA" requirement.s (! 1506.2).
f EDER AL ttGl51ER. VOt. 43. NO 23o-WEDNESDAY, NOVEM8tt 29.1978
..A t
i P00R ORIGINAL
?
9 gM.
11 E" '
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..N
..'.o
- 50002 RULES AND REGULATIONS e
e5.t
- (2)Th71:gisativ? stLtement shall be under i 1505.2 by a Federal acency p.riod of time it shall notify the Coun.
Ei prepared in the sam? minner as a until the taler of the following dates:
cet draft statement. but shall be consid-(1) Nlncly (90) days af ter pubbra-cred the " detailed 3tatement" required tion of the notice described abmc in i l'M 11 Eme rgencie.
by statute; Procidt t That shen any paragraph (a) of this section for a Wrie r e emergency circumst ances of the following con titions exist both draf t environmental irnpact staternent. make it ne cc.uary to take an action the draft and fina. environmental (2) Thirty (30) days af ter pubiiration wit h signihr ant cruironmental impact Impact statement on the legislative of the notice de.=cribed abme in para.
without obscrsing the prousions of proposal shall be prepas *d and circu. graph (a) of this section for a final en.
these regulations. the Federal agency
,, lated as provided by (s 1503.1 and-vironmental impact staternent. An ex.
takhig the at tion shouhl consult with 1506.10.
ception to the rules on timing may be the Council about alternathe arrar.ge-(1) A Congressional Committee with made in the case of an agency derision ments. Arencies and the Council will jurisdiction over the proposal has a which is subject to a formal internal firmt such arrangements to actions
- rule requiring both draft and final en.
appeal. Some agencies have a formally ra &ssary to control the Immediate im-vironmental impact statements.
established appeal proce.ss w hich pacts of the emergency. Other actions til) The proposal results from a allows other agencies or the public to reinain subject to NEPA review.
study process required by statute take appeals on a decision and make I
"I". "I'*
-(such as those required by the Wild their views known. af ter pubhcation of and Scenic Rivers Act (16 U.S.C.1271 the final environmental impact state.
The ef fect!yg.,date of these regula.
v.
et esa.) and the Wilderness Act (16 ment. In such ca.scs. where a real op.
' tiEOuly 30.19,7fGicept tiiat for U.S.C.1131 et seq.)
portunity exists to alter the decision, agencies %at adminLster prograrns (111) legislative approval is sought the decision may be rnade and record. that qualify under sec.102(2 H D) of for Federal or federally assisted con-ed at the same time the environmentaj the Act or under sec.104th) of the struction or other projects which the impact statement is published. This llousing and Community Development agency recommends be located at spe-means that the period fcr arpeal of Act of 1974 an additional four months cific geographic locations. For propos-als requiring an environmental impact the decision and the 30 day period pre-shall be allowed for the State or local statement for the acquisition of space scribed in paragraph (b)(2) of this sec.
anncies to adopt their implement.ing-goceduryes -
.by the General Scrylces Administra-ti n may run concurrently. In such
. tion a draft statement shall accompa-cases the environmental impact state-g g
ment shall explain the timing and the] documents begun b fo e t 8
ny the Prospectus or the 11(b) Report g
pubile s right of appeal. An neeney en of Dullding Project Surveys to the e r e
Congress, and a final statement shall gaged in rulemaking under the Admin i be completed before site acquisition.
1strative Procedures Act or other staty dat e. T,lme Wula _om_p,not appjy M0fCMCUCO_f_._
(lvl The agency decides to prepare ute for the purpose of protecting the. ["
g'. p *h -
draf t and final statements public health or safety, may wane the..-
4^DI (c) Comments on the legislative time period in paragraph (bH 2) of this -"
statement shall be given to the Icad section and publish a decision on the N " ICC"I* b "8 No compleEd envi-s agency which shall forward them final rule simultaneously with pubhca.
ronmental documents need be redone along with its own responses to the tion of the notice of the availabihty of by reasons of these regulations. Until Congressional committees with juris. the final environmental impact state.
g tons are a; Icab!c. t m t as described in paragraph (a) of diction.
For aAL Hrctstr a of August 1.1973, shall e ntinue to be applicable. In l 1506.9 Fihng requirements.
(c) If the final environn ental impact Environmental impact st atements statement is filed within ninety (90) cases where these regulations are ap-pl cable the guidelines are superseded together with comments and responses days after a draft environmental llowever, nothing shall prevent an shall be filed with the Environmental impact statement is filed with the En.
agency from proceedmg under these Protection Agency, attention Office of vironmental Protection Agency, the regulations at an earlier time Federal Activities ( A.104 ).
401 M minimum thirty (30) day period and
%) NEPA shall continue to tie ~a'ppli-
, Street SW., Washington. D C. 20460. the minimum ninety (90) day period cable to actions be gun before January Statements shall be filed with EPA no may run concurrently. Ilowever, sub' l.1970, to the fullest extent possibic" carlier than they are also trusmitted ject to paragraph (d) of this section to commenting agencies and made agencies shall allow not less than 45 l
. available to the public. EPA shall de.
days for comments on draft st ate-PART 1507-AGENCY COMPLIANCE liver one copy of each statement to inents.
l the Council, which shall satisfy the re.
(d) The lead agency may extend pre-sec.
quirement of availabihty to the Presi. scribed periods. The Environmerual 1507.1 Compnance.
dent. EPA may issue guidehnes to Protection Agency may upon a show-15072 Auency capa:Ahty to Comply agencies to implement its responsibilt Ing by the lead agency of compelling 1501 3 Agency Procedures.
l Ittes ttnder this section and i 1506.10 reasons of national policy reduce the Armomy: N F:PA. the Environmental below..
prescribed periods and may upon a Quahty Irn prm ement Act af 1970, as showing by any other Federal agency amenited (42 U S C. 4371 et seal. Section i
I 1506.10 Timing of agency action.
of compelling reuons of national W M the Cean Air Act. u amended 142 (a) The Environmental Protection policy also extend prescribed periods.
[ntot O
nd n c
n r Agency shall pub!!sh a notice in the but only af ter consultation with the men'al Quahty O.f arch S.1970 as amended FraraAL HrcisTr.n each week of the en.
lead agency. (Also sec ! 1507.3rd ).)
t,y f aecutisc order 11H1. M ay 24.19773.
Vironmental impact statements filed Failure to file timely comments shall during the preceding week. The mini. not be a sufficient reason for extend-I la07 3 Cam plia nce-
- mum time periods set forth in this sec.
ing a period. If the lead agency does All agencies of the Federal Govern-tion section shall be calculated from not concur with the extension of time, ment shall comply with these regula.
the date of pubhcation of this notice. EPA may not extend it for more than tmns. It is the intent of these rc;;ula-(b) No decision on the proposed 30 days. When the Environmental Pro-tmns to allow each arency flexibihty action shall be made or recorded tcction Agency reduces or extends any in adapting its unplementing proce-FlotR AL REGt5f tl, VOL 43. NO. 733-WEDNESDAY, P40VEMelt 29, 1978 b
P00R OR GlNM
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