[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Notices]
[Pages 20848-20849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7950]


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COUNCIL ON ENVIRONMENTAL QUALITY


The National Environmental Policy Act and Environmental 
Management Systems

AGENCY: Council on Environmental Quality.

ACTION: Notice of availability, Guide for Aligning National 
Environmental Policy Act processes with Environmental Management 
Systems.

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SUMMARY: The Council on Environmental Quality (CEQ) is publishing 
``Aligning National Environmental Policy Act Processes with 
Environmental Management Systems--A Guide for NEPA and EMS 
Practitioners'' to assist Federal agencies in aligning their National 
Environmental Policy Act (NEPA) processes with their Environmental 
Management Systems (EMSs). CEQ used an interagency work group to 
develop the guide and finalized it after considering public comments. 
The final guide is available from CEQ and at http://www.NEPA.gov.

ADDRESSES: Copies of the guide can be requested from CEQ. Electronic or 
facsimile requests for a copy of the guide are preferred because 
federal offices experience intermittent mail delays caused by security 
screening. Send electronic requests to NEPA Modernization (EMS-NEPA) at 
<a href="/cdn-cgi/l/email-protection#472f2835343318203522243d2a2e222b072422366922283769202831"><span class="__cf_email__" data-cfemail="40282f3233341f273225233a2d29252c002325316e252f306e272f36">[email protected]</span></a>. Fax written requests to NEPA 
Modernization (EMS-NEPA) at (202) 456-0753. Written requests may also 
be submitted to NEPA Modernization (EMS-NEPA), Attn: Associate Director 
for NEPA Oversight, 722 Jackson Place, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Horst Greczmiel at (202) 395-5750.

SUPPLEMENTARY INFORMATION: The Council on Environmental Quality (CEQ) 
established a National Environmental Policy Act (NEPA) Task Force and 
is implementing recommendations to modernize the implementation of NEPA 
and make the NEPA process more effective and efficient. Additional 
information is available on the task force Web site at http://ceq.eh.doe.gov/ntf.
    A proposed guide was developed to assist agencies with linking the 
NEPA process with Environmental Management Systems (EMS). CEQ requested 
public input and comments on the proposed guide, 71 FR 40520, Jul 17, 
2006. All comments received are available at http://ceq.eh.doe.gov/ntf/implementation.html.
    The final guide is being provided to Federal agencies to help them 
recognize the complementary relationship of EMS and NEPA and assist in 
aligning EMS elements with NEPA when establishing, implementing, and 
maintaining their EMS. The guide encourages the integration of EMS and 
NEPA as a means to bring substantial benefits to an agency's 
environmental performance and further our national environmental 
policy. For example:

    Commitments and mitigation measures established in NEPA decision 
documents (e.g., Findings of No Significant Impact and Records of 
Decision) can be tracked and monitored through the EMS. The EMS 
provides a framework to improve environmental performance in ongoing 
day-to-day operations through EMS ``operational controls.'' The 
tracking and monitoring of commitments and mitigation measures can 
contribute to training, internal auditing, and identification of 
appropriate corrective actions.
    A major component of the NEPA process is communicating and 
involving the interested public about a proposed action. An EMS can 
provide numerous opportunities for communicating with the public, 
and by providing information about the proposal under consideration, 
help focus public involvement.

    The guide assumes that the reader has a basic understanding of both 
the NEPA analysis and document preparation processes and the basic 
elements of an EMS. A reference list was added to provide readers the 
opportunity to increase their understanding of NEPA and EMS. In 
addition to editorial revisions, the guide was also revised 
substantively.
    CEQ specifically solicited public comment on the idea presented in 
the draft that a well constructed EMS can include the elements of the 
NEPA process and serve as the basis for complying with NEPA 
requirements. Numerous commenters interpreted this statement to mean 
that an EMS could replace the NEPA process, or took issue with such an 
approach. The final guide distinguishes between the typical NEPA 
process focus on proposed actions, and the typical EMS focus on ongoing 
activities and products and services. It states that NEPA and EMS are 
not functionally equivalent, but complementary. The guide highlights 
the complementary elements of NEPA and EMS and presents the conclusion 
that an EMS can provide a framework for an agency to better meet its 
NEPA responsibilities.
    Several commenters raised the concern that the requirements of NEPA 
are more extensive than those found in a typical EMS. The final guide 
uses public involvement as an example to emphasize that an EMS has to 
include the more rigorous NEPA requirements if the EMS will provide the 
mechanism to support and meet the NEPA process requirements.
    The guide describes specific ways EMS and NEPA processes can 
complement one another to improve how Federal agencies manage their 
impacts on the environment:
    <bullet> Identification of environmental aspects in the development 
of an EMS can build on the environmental aspects identified in a 
previous NEPA analysis of a facility, activity, program, or policy. 
Conversely, a new NEPA analysis can consider the identified 
environmental aspects in an EMS when assessing potential environmental 
impacts of a proposed action. The EMS can provide a platform to use the 
information collected and analyses performed in the NEPA process on a 
going forward basis during implementation of proposed actions.

[[Page 20849]]

    <bullet> Performance measurements and monitoring conducted as part 
of an EMS can provide comparable and verifiable data to improve 
environmental impact predictions in future NEPA analyses and documents.
    <bullet> An EMS provides a systematic framework for an agency to 
monitor and continually improve its environmental performance. Agencies 
with an EMS may be able to use the data it generates to establish a 
record of environmental performance to support, for example: (a) 
Identifying categories of actions that normally require an 
Environmental Impact Statement (EIS); (b) finding no significant impact 
when performance practices are incorporated into a proposed action 
(which would conclude the Environmental Assessment (EA) process without 
the need to prepare an EIS); or (c) determining that a category of 
actions does not have individual or cumulative significant impacts and 
should properly be established as a categorical exclusion which would 
reduce the need to prepare either an EA or an EIS. Further, when a NEPA 
analysis is needed, the EMS approach of keeping environmental data up-
to-date should facilitate the preparation of the NEPA documents.
    <bullet> When an EMS has established environmental objectives and 
targets relevant to resource areas subject to NEPA mitigation measures, 
the EMS can ensure implementation and performance of mitigation 
measures through applicable measurement and monitoring programs.
    CEQ recognizes the benefits of aligning these complementary 
processes and encourages Federal agencies to do so where appropriate.

    Dated: April 5, 2007.
James L. Connaughton,
Chairman, Council on Environmental Quality.
 [FR Doc. E7-7950 Filed 4-25-07; 8:45 am]
BILLING CODE 3125-W7-P


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