[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Proposed Rules]
[Pages 67305-67320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33457]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 989

RIN 0701-AA56


Environmental Impact Analysis Process (EIAP)

AGENCY: Department of the Air Force, Department of Defense.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force proposes to revise its 
instruction to improve the Air Force process for compliance with the 
National Environmental Policy Act (NEPA) and Executive Order 12114, 
Environmental Effects Abroad of Major Federal Actions. The revisions 
integrate environmental analysis and align environmental document 
approval levels with the Air Force decision-making process. It also 
expands Air Force environmental participants and responsibilities of 
the Environmental Planning Function (EPF) and the proponent of an 
action. The public is invited to submit comments on these changes to 
the point of contact listed below.

DATES: Comments must be received no later than February 23, 1998.

ADDRESSES: Comments should be submitted to HQ USAF/ILEVP, 1260 Air 
Force Pentagon, Washington, DC 20330-1260.

FOR FURTHER INFORMATION CONTACT:
Mr. Kenneth L. Reinertson or Mr. Jack C. Bush, (703) 695-8942.

SUPPLEMENTARY INFORMATION:

Discussion of Major Issues

    a. References to procurement publications that provide separate 
procedures for application of NEPA in the acquisition area are updated.
    b. References to office symbols are updated.
    c. Specific guidance is provided in section 989.3(c)(3) for 
application of NEPA to single manager acquisition programs, specifying, 
among other things, that the Air Force Acquisition Executive Office is 
the final approval authority for all system-related NEPA documents.

[[Page 67306]]

    d. More specific reference is provided in section 989.3(c)(4) as to 
who are key Air Force participants and to the need for an integrated 
team effort involving other federal agencies, state, Tribal, and local 
governments, and interested members of the public.
    e. More specific guidance is provided in section 989.3(d)(1) to 
ensure the EIAP is integrated early in the planning stages of an 
action.
    f. Specific guidance is provided in section 989.3(d)(4) to promote 
early internal scoping in order to determine what level of 
environmental analysis is performed.
    g. In section 989.3(e), the environmental planning function (EPF) 
is designated as the primary support to the proponent in EIAP actions. 
The EPF's responsibilities are specifically explained.
    h. Section 989.3(h) provides for increased participation of the 
public affairs office in the EIAP process.
    i. Throughout the instruction, whenever participation of state and 
local governments is provided for, Tribal governments have been added.
    j. In section 989.5(b), certain continuing internal reporting 
requirements regarding aircraft beddown and unit realignment actions 
are eliminated.
    k. In section 989.8(c), additional language notes that only in rare 
instances is the no-action alternative excused by law from analysis.
    l. In section 989.13(c), additional language notes the distinction, 
in cases of analysis abroad, between exemptions under DoDD 6050.7 and 
categorical exclusions (CATEXs). The exemptions are provided by 
Executive Order 12114. CATEXs are provided by the implementing agency.
    m. In section 989.14(d), additional guidance is provided to promote 
substantive but brief EIAP analyses so as to avoid unnecessary data and 
keep documents to a usable length.
    n. In section 989.14(k), hazardous waste disposal sites have been 
deleted from the list of actions normally requiring an EA.
    o. The provision for abbreviated EAs has been deleted. As noted 
above, analyses should be as lengthy as necessary but no more so; no 
provision for a special type of EA is necessary.
    p. In section 989.14(l), the proponent is now required to involve 
other interested federal agencies, state, Tribal, and local 
governments, and the public in preparing an EA.
    q. In section 989.15(e), requirements regarding public review of 
EAs and findings of no significant impact (FONSIs) are clarified to 
ensure the public understands that the FONSI has not been signed prior 
to public review.
    r. In section 989.15(e)(2), the list of instances when mandatory 30 
day public review of an EA and FONSI is required now includes those 
that would have a disproportionately high and adverse environmental 
effect on minority and low-income populations.
    s. In section 989.18(a), more detailed guidance is provided to 
improve the scoping process for environmental impact statements (EISs). 
The guidance provides for an early, continuing, iterative process 
involving other governmental entities, Congress, and the public in a 
more meaningful manner. It also provides for scoping to continue 
through preparation of the draft EIS.
    t. In section 989.18(b), specific provision is made to include 
minority and low-income populations in the scoping process.
    u. In section 989.19(c)(3), specific provision is made to include 
minority and low-income populations in the public review process of 
EISs.
    v. In section 989.27, the statement that compliance with OSHA 
standards will mitigate hazards has been deleted.
    w. A new Section 989.32 addresses aircraft noise data used in EIAP 
analysis.
    x. A new Section 989.33 requires compliance with E.O. 12898, 
Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations.
    y. In section 989.34(b), guidance is clarified regarding emergency 
situations and the need to still comply with NEPA. Compliance is still 
required, but emergency responses may take place while completing the 
EIAP.
    z. In section 989.35(b), authority is provided to utilize the 
internet to distribute documents and notices.
    aa. A new Section 989.36 is included to address waivers for unusual 
circumstances and to allow experimentation to help the EIAP process 
grow. These waivers can only be approved by the Air Force Secretariat.
    ab. The definition of ``scoping'' is changed to include affirmative 
efforts to communicate with other federal agencies, state, Tribal, and 
local governments, and the public.
    ac. In section A2.2.8, an additional example dealing with proposals 
having a significant adverse effect on minority and low-income 
populations is included in the list of examples where use of a 
categorical exclusion is likely to require additional analysis.
    ad. In section A2.3, categorical exclusion A2.3.10 is changed to 
include lead-based paint as an additional example.
    ae. In section A2.3, categorical exclusion A2.3.18 is changed to 
clarify that it does not apply in the case of a transfer to GSA.
    af. In section A2.3, categorical exclusion A2.3.26 is changed to 
refer to the Defense Environmental Restoration Program and RCRA 
Corrective Action sites in place of a generic reference. Additionally, 
the reference to the categorical exclusion not applying to the 
selection of a remedial action is eliminated.
    ag. In section A2.3, categorical exclusion A2.3.30 is changed by 
deleting the reference to separate evaluation for long term cleanup and 
remediation activities.
    ah. In section A2.3, categorical exclusion A2.3.31 is changed by 
restricting its use to non-repetitive situations. It also requires 
documentation of its use.
    ai. In section A2.3, categorical exclusion A2.3.36 is changed by 
adding an additional limitation of 3000 feet above ground level.
    aj. In section A3.1.3, flexibility is provided to public hearing 
formats by allowing experimentation with different formats than 
normally used, depending on the circumstances. Approval for deviations 
must be approved by the Air Force Secretariat.
    ak. In section A3.2.1.3, the public affairs office will now always 
purchase a public advertisement to advise public hearings.
    al. In section A3.6, responsibility for preparing and checking the 
transcript of a public hearing is shifted from the military trial judge 
to the EIS preparation team.
    am. The provision for organizing speakers by subject at a public 
hearing has been deleted.
    an. In addition to the above specific items, there have been 
numerous grammatical changes and minor clarifications made to the 
instruction.
    The Department of the Air Force has determined that this rule is 
not a major rule because it will not have an annual effect on the 
economy of $100 million or more. The Secretary of the Air Force has 
certified that this rule is exempt from the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, because this rule does 
not have a significant economic impact on small entities as defined by 
the Act, and does not impose any obligatory information requirements 
beyond internal Air Force use.

List of Subjects in 32 CFR Part 989

    Environmental protection, Environmental impact statements.


[[Page 67307]]


    For the reasons stated in the preamble, the United States Air Force 
proposes to revise 32 CFR part 989 as follows:

PART 989--ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)

Sec.
989.1  Purpose.
989.2  Concept.
989.3  Responsibilities.
989.4  Initial considerations.
989.5  Organizational relationships.
989.6  Budgeting and funding.
989.7  Requests from non-Air Force agencies or entities.
989.8  Analysis of alternatives.
989.9  Cooperation and adoption.
989.10  Tiering.
989.11  Combining EIAP with other documentation.
989.12  Air Force Form 813 Request for Environmental Impact 
Analysis.
989.13  Categorical exclusion.
989.14  Environmental assessment.
989.15  Finding of no significant impact.
989.16  Environmental impact statement.
989.17  Notice of intent.
989.18  Scoping.
989.19  Draft EIS.
989.20  Final EIS.
989.21  Record of decision (ROD).
989.22  Mitigation.
989.23  Contractor prepared documents.
989.24  Public notification.
989.25  Base closure and realignment.
989.26  Classifed actions (40 CFR 1507.3(c)).
989.27  Occupational safety and health.
989.28  Airspace and range proposals.
989.29  Force structure and unit move proposals.
989.30  Air quality.
989.31  Pollution prevention.
989.32  Noise.
989.33  Environmental justice.
989.34  Special and emergency procedures.
989.35  Reporting requirements.
989.36  Waivers.
989.37  Procedures for analysis abroad
989.38  Requirements for analysis abroad.

    Attachment 1 to Part 989--Gloassary of References, 
Abbreviations, Acronyms, and Terms.
    Attachment 2 to Part 989--Categorical Exclusions.
    Attachment 3 to Part 989--Procedures for Holding Public Hearings 
on Draft Environmental Impact Statements (EIS).

    Authority: 10 U.S.C. 8013.


Sec. 989.1  Purpose.

    (a) This part implements the Air Force Environmental Impact 
Analysis Process (EIAP) and provides procedures for environmental 
impact analysis both within the United States and abroad. Because the 
authority for, and rules governing, each aspect of the EIAP differ 
depending on whether the action takes place in the United States or 
outside the United States, this part provides largely separate 
procedures for each type of action. Consequently, the main body of this 
part deals primarily with environmental impact analysis under the 
authority of the National Environmental Policy Act of 1969 (NEPA) (Pub. 
L. 91-190, 42 United States Code (U.S.C.) 4321-4347), while the primary 
procedures for environmental impact analysis of actions outside the 
United States in accordance with Executive Order (E.O.) 12114, 
Environmental Effects Abroad of Major Federal Actions, are contained in 
Secs. 989.32 and 989.33.
    (b) The procedures in this part are essential to achieve and 
maintain compliance with NEPA and the Council on Environmental Quality 
(CEQ) Regulations for Implementing the Procedural Provisions of the 
NEPA (40 Code of Federal Regulations (CFR) Parts 1500-1508, referred to 
as the ``CEQ Regulations''). Further requirements are contained in the 
Department of Defense Directive (DoDD) 4715.1, Environmental Security, 
Department of Defense Instruction (DoDI) 4715.9, Environmental Planning 
and Analysis, DoDD 5000.1, Defense Acquisition, and Department of 
Defense 5000.2-R, Mandatory Procedures for Major Defense Acquisition 
Programs (MDAPs) and Major Automated Information Systems (MAIS) 
Acquisition Programs with Change 1.\1\ To comply with NEPA and complete 
the EIAP, the CEQ Regulations and this part must be used together.
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    \1\ Copies of the publications are available, at cost, from the 
National Technical Information Service, U.S. Department of Commerce, 
5285 Port Royal Road, Springfield, VA 22161.
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    (c) Air Force activities abroad will comply with this part, 
Executive Order 12114, and 32 CFR Part 187 (DoDD 6050.7, Environmental 
Effects Abroad of Major Department of Defense Actions, March 31, 1979). 
To comply with E.O. 12114 and complete the EIAP, the Executive Order, 
32 CFR part 187, and this part must be used together.
    (d) Attachment 1 is a glossary of references, abbreviations, 
acronyms, and terms. Refer to 40 CFR part 1508 for definitions of other 
terminology used in this part.


Sec. 989.2  Concept.

    (a) This part provides a framework on how to comply with NEPA and 
Executive Order 12114 according to Air Force Policy Directive (AFPD) 
32-70.\2\ The Air Force specific procedures and requirements in this 
part are intended to be used by Air Force decision makers to fully 
comply with NEPA and the EIAP.
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    \2\ See footnote 1 to Sec. 989.1.
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    (b) Major Commands (MAJCOM) provide additional implementing 
guidance in their supplemental publications to this part. MAJCOM 
supplements must identify the specific offices that have implementation 
responsibility and include any guidance needed to comply with this 
part. All references to MAJCOMs in this part include the Air National 
Guard Readiness Center (ANGRC) and other agencies designated as 
``MAJCOM equivalent'' by HQ USAF.


Sec. 989.3  Responsibilities.

    (a) Office of the Secretary of the Air Force.
    (1) The Deputy Assistant Secretary of the Air Force for 
Environment, Safety and Occupational Health (SAF/MIQ):
    (i) Develops environmental planning policy and provides oversight 
of the EIAP program.
    (ii) Determines the level of environmental analysis required for 
especially important, visible, or controversial Air Force proposals and 
approves selected Environmental Assessments (EAs) and all Environmental 
Impact Statements (EISs) prepared for Air Force actions, whether 
classified or unclassified, except as specified in (c)(3) of this 
section.
    (iii) Is the liaison on environmental matters with Federal agencies 
and national-level public interest organizations.
    (iv) Ensures appropriate offices in the Office of the Secretary of 
Defense are kept informed on EIAP matters of Defense-wide interest.
    (2) The General Counsel (SAF/GC). Provides final legal advice to 
SAF/MI, HQ USAF, and HQ USAF Environment, Safety and Occupational 
Health Committee (ESOHC) on EIAP issues.
    (3) Office of Legislative Liaison (SAF/LL):
    (i) Assists with narrowing and defining key issues by arranging 
consultations with congressional delegations on potentially sensitive 
actions.
    (ii) Distributes draft and final EISs to congressional delegations.
    (iii) Reviews and provides the Office of the Secretary of Defense 
(OSD) with analyses of the Air Force position on proposed and enrolled 
legislation and executive department testimony dealing with EIAP 
issues.
    (4) Office of Public Affairs (SAF/PA):
    (i) Reviews and clears environmental documents in accordance with 
Air Force Instruction 35-205, Air Force Security and Policy Review,\3\ 
prior to public release.
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    \3\ See footnote 1 to Sec. 989.1.
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    (ii) Assists the environmental planning function and the Air Force 
Legal Services Agency, Trial Judiciary

[[Page 67308]]

Division (AFLSA/JAJT), in planning and conducting public scoping 
meetings and hearings.
    (iii) Ensures that public affairs aspects of all EIAP actions are 
conducted in accordance with this part and Air Force Instruction (AFI) 
35-202, Environmental Community Involvement\4\.
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    \4\ See footnote 1 to Sec. 989.1.
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    (iv) The National Guard Bureau, Office of Public Affairs (NGB-PA), 
will assume the responsibilities of SAF/PA for the EIAP involving the 
National Guard Bureau, Air Directorate.
    (b) Headquarters US Air Force (HQ USAF). The Civil Engineer (HQ 
USAF/ILE) is responsible for execution of the EIAP program. The 
National Guard Bureau Air Directorate (NGB-CF) oversees the EIAP for 
Air National Guard actions.
    (c) MAJCOMs, the Air National Guard, Field Operating Agencies 
(FOAs), and Single Manager Programs. These organizations establish 
procedures that comply with this part wherever they are the host unit 
for preparing and using required environmental documentation in making 
decisions about proposed actions and programs within their commands or 
areas of responsibility.
    (1) Air Force Center for Environmental Excellence (AFCEE). The 
AFCEE Environmental Conservation and Planning Directorate (AFCEE/EC) is 
available to provide technical assistance and has the capability to 
provide contract support to the proponent, EPF, and MAJCOMs in 
developing EIAP documents.
    (2) Air Force Regional Environmental Offices (REOs). REOs review 
non-Air Force environmental documents that may have an impact on the 
Air Force. Requests for review of such documents should be directed to 
the proper REO (Atlanta, Dallas, or San Francisco) along with any 
relevant comments. The REO:
    (i) Notifies the proponent, after receipt, that the REO is the 
single point of contact for the Air Force review of the document.
    (ii) Requests comments from potentially affected installations, 
MAJCOMs, the ANG, and HQ USAF, as appropriate.
    (iii) Consolidates comments into the Air Force official response 
and submits the final response to the proponent.
    (iv) Provides to HQ USAF/ILEVP and the appropriate MAJCOMs and 
installations a copy of the final response and a complete set of all 
review comments.
    (3) Single Manager Acquisition Programs (system-related NEPA). The 
proponent Single Manager (i.e., System Program Director, Materiel Group 
Managers, and Product Group Managers) for all programs, regardless of 
acquisition category, shall comply with DoD 5000.2-R.\5\ SAF/AQR, as 
the Air Force Acquisition Executive Office, is the final approval 
authority for all system-related NEPA documents. SAF/AQR is responsible 
for accomplishing appropriate Headquarters EPC/ESOHC review. The Single 
Manager will obtain appropriate Product Center EPC approval prior to 
forwarding necessary EIAP documents (i.e., NOIs and preliminary draft 
and final EAs and EISs) to SAF/AQR. The Single Manager will allow for 
concurrent review of EIAP documents by HQ AFMC/ILEV and the Operational 
Command (HQ ACC, HQ AMC, HQ AFSPC, etc.). The Single Manager is 
responsible for budgeting and funding EIAP efforts, including EIAP for 
research, development, testing, and evaluation activities.
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    \5\ See footnote 1 to Sec. 989.1.
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    (4) Key Air Force Environmental Participants. The EIAP must be 
approached as an integrated team effort including key participants 
within the Air Force and also involving outside federal agencies, 
state, Tribal, and local governments, interested outside parties, 
citizens groups, and the general public. Key Air Force participants may 
include the following functional areas, as well as others:

Proponent
Civil Engineers/Environmental Planning Function
Staff Judge Advocate
Public Affairs
Medical Service (Bioenvironmental Engineer)
Safety Office
Range and Airspace Managers
Bases and Units
Plans and Programs
Logistics
Personnel
Legislative Liaison

    (d) Proponent. Each office, unit, or activity at any level that 
initiates Air Force actions is responsible for:
    (1) The EIAP and shall ensure integration of the EIAP during the 
initial planning stages of proposed actions so that planning and 
decisions reflect environmental values, delays are avoided later in the 
process, and potential conflicts are precluded.
    (2) Notifying the EPF of a pending action and completion Section I 
of AF Form 813. Prepare the Description Of Proposed Action and 
Alternatives (DOPAA) through an interdisciplinary team approach 
including the EPF and other key Air Force participants.
    (3) Identifying key decision points and coordinating with the EPF 
on EIAP phasing to ensure that environment documents are available to 
the decision-maker before the final decision is made and ensuring that, 
until the EIAP is complete, resources are not committed prejudicing the 
selection of alternatives nor actions taken having an adverse 
environmental impact or limiting the choice of reasonable alternatives.
    (4) Determining, with the EPF, as early as possible whether to 
prepare an EIS. The proponent and the EPF will conduct an early 
internal scoping process as part of the EIAP process. The internal 
scoping process should involve key Air Force environmental participants 
(See Sec. 989.3(c)(4)) and other Air Force offices as needed and 
conclude with preparation of a DOPAA. For complex or detailed EAs or 
EISs, an outside facilitator trained in EIAP may be used to focus and 
guide the discussion. Department of the Air Force personnel, rather 
than contractors, should generally be used to prepare the DOPAA.
    (5) Presenting the DOPAA to the EPC for review and comment.
    (6) Coordinating with the EPF, Public Affairs, and Staff Judge 
Advocate prior to organizing public or interagency meetings which deal 
with EIAP elements of a proposed action and involving persons or 
agencies outside the Air Force.
    (7) Subsequent to the decision to prepare an EIS, assisting the EPF 
and Public Affairs Office in preparing a draft Notice of Intent (NOI) 
to prepare an EIS. All NOIs must be forwarded through the MAJCOM EPF to 
HQ USAF/ILEV for review and publication in the Federal Register. 
Publication in the Federal Register is accomplished in accordance with 
AFI 37-120, Federal Register.\6\ (See Sec. 989.17.)
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    \6\ See footnote 1 of Sec. 989.1.
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    (8) Ensuring that proposed actions are implemented as described in 
the final EIAP decision documents.
    (e) Environmental Planning Function (EPF). At every level of 
command, the EPF is one of the key Air Force participants responsible 
for the EIAP. The EPF can be the environmental flight within a civil 
engineer squadron, a separate environmental management office at an 
installation, the ILEV at MAJCOMs, or an equivalent environmental 
function located with a program office. The EPF:
    (1) Supports the EIAP by bringing key participants in at the 
beginning of a proposed action and involving them throughout the EIAP. 
Key participants

[[Page 67309]]

play an important role in defining and focusing key issues at the 
initial stage.
    (2) At the request of the proponent, prepares environmental 
documents using an interdisciplinary approach, or obtains technical 
assistance through Air Force channels on contract support. Assists the 
proponent in obtaining review of environmental documents.
    (3) Assists the proponent in preparing a (DOPAA) and actively 
supports the proponent during all phases of the EIAP.
    (4) Evaluates proposed actions and completes Section II and III of 
AF Form 813, Request for Environmental Impact Analysis, subsequent to 
submission by the proponent and determines whether a Categorical 
Exclusion (CATEX) applies. The responsible EPF member signs the AF Form 
813 certification.
    (5) Identifies and documents, with technical advice from the 
Bioenvironmental Engineer and other staff members, environmental 
quality standards that relate to the action under evaluation.
    (6) Supports the proponent in preparing environmental documents, or 
obtains technical assistance through Air Force channels or contract 
support and adopts the documents as official Air Force papers when 
completed and approved.
    (7) Ensures the EIAP is conducted on base-level and MAJCOM-level 
plans, including contingency plans for the training, movement, and 
operations of Air Force personnel and equipment.
    (8) Prepares the Notice of Intent (NOI) to prepare an EIS with 
assistance from the proponent and the Public Affairs Office.
    (9) Prepares applicable portions of the Certificate of Compliance 
for each military construction project according to AFI 32-1021, 
Planning and Programming of Facility Construction Projects.\7\
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    \7\ See footnote 1 to Sec. 989.1.
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    (10) Submits one hard copy and one electronic copy of the final EA/
Finding Of No Significant Impact (FONSI) and EIS/Record of Decision 
(ROD) to the Defense Technical Information Center.
    (f) Environmental Protection Committee (EPC). The EPC helps 
commanders assess, review and approve EIAP documents in accordance with 
AFI 32-7005, Environmental Protection Committee.\8\
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    \8\ See footnote 1 to Sec. 989.1.
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    (g) Staff Judge Advocate (SJA). The Staff Judge Advocate:
    (1) Advises the proponent, EPF, and EPC on CATEX determinations and 
the legal sufficiency of environmental documents.
    (2) Advises the EPF during the scoping process of issues that 
should be addressed in EIS's and on procedures for the conduct of 
public hearings.
    (3) Coordinates the appointment of the independent hearing officer 
with AFLSA/JAJT and provides support for the hearing officer in cases 
of public hearings on the draft EIS. The proponent pays administrative 
and Temporary Duty (TDY) costs. The hearing officer presides at 
hearings and makes final decisions regarding hearing procedures.
    (4) Promptly refers all matters causing or likely to cause 
substantial public controversy or litigation through channels to AFLSA/
JACE (or NGB-JA).
    (h) Public Affairs Officer. This officer:
    (1) Advises the EPF, the EPC, and the proponent on public affairs 
activities on proposed actions and reviews environmental documents for 
public involvement issues;
    (2) Advises the EPF of issues and competing interests that should 
be addressed in the EIS or EA.
    (3) Assists in preparation of and attends public meetings or media 
sessions on environmental issues.
    (4) Prepares, coordinates, and distributes news releases and other 
public information materials related to the proposal and associated 
EIAP documents.
    (5) Notifies the media (television, radio, newspaper) and purchases 
advertisements when newspapers will not run notices free of charge. The 
EPF will fund the required advertisements.
    (6) Determines and ensures Security Review requirements are met for 
all information proposed for public release.
    (7) For more comprehensive instructions about public affairs 
activities in environmental matters, see AFI 35-202.\9\
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    \9\ See footnote 1 to Sec. 989.1.
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    (i) Medical Service. The Medical Service, represented by the 
Bioenvironmental Engineer, provides technical assistance to EPF's in 
the areas of environmental health standards, environmental effects, and 
environmental monitoring capabilities. The Air Force Armstrong 
Laboratory, Occupational and Environmental Health Directorate, provides 
additional technical support.
    (j) Safety Office. The Safety Office provides technical review and 
assistance to EPFs to ensure consideration of safety standards and 
requirements.


Sec. 989.4  Initial considerations.

    Air Force personnel will:
    (a) Consider and document environmental effects on proposed Air 
Force actions through AF Forms 813, EAs, FONSIs, EISs, EIS (RODs), and 
documents prepared according to E.O. 12114.
    (b) Evaluate proposed actions for possible CATEX from environmental 
impact analysis (attachment 2).
    (c) Make environmental documents, comments, and responses, 
including those of other federal agencies, state, Tribal, and local 
governments, and the public, part of the record available for review 
and use at all levels of decision making.
    (d) Review the specific alternatives analyzed in the EIAP when 
evaluating the proposal prior to decision making.
    (e) Ensure that alternatives to be considered by the decision-maker 
are both reasonable and within the range of alternatives analyzed in 
the environmental documents.
    (f) Pursue the objective of furthering foreign policy and national 
security interests while at the same time considering important 
environmental factors.
    (g) Consider the environmental effects of actions that affect the 
global commons.
    (h) Determine whether any foreign government should be informed of 
the availability of environmental documents. Formal arrangements with 
foreign governments concerning environmental matters and communications 
with foreign governments concerning environmental agreements will be 
coordinated with the Department of State by the Deputy Assistant 
Secretary of the Air Force for Environment, Safety, and Occupational 
Health (SAF/MIQ) through the Assistant Secretary of Defense. This 
coordination requirement does not apply to informal working-level 
communications and arrangements.


Sec. 989.5  Organizational relationships.

    The host EPF manages the EIAP using an interdisciplinary team 
approach. This is especially important for tenant-proposed actions, 
because the host command is responsible for the EIAP for actions 
related to the host command's installations.
    (a) The host command prepares environmental documents internally or 
directs the host base to prepare the environmental documents. 
Environmental document preparation may be by contract (requiring the 
tenant to fund the EIAP), by the tenant unit, or by the host. 
Regardless of the preparation method, the host command will ensure the 
required environmental analysis is accomplished before a decision is 
made on the proposal and an action is undertaken. Support

[[Page 67310]]

agreements should provide specific procedures to ensure host oversight 
of tenant compliance, tenant funding or reimbursement of host EIAP 
costs, and tenant compliance with the EIAP regardless of the tenant not 
being an Air Force organization.
    (b) For aircraft beddown and unit realignment actions, program 
elements are identified in the Program Objective Memorandum. Subsequent 
Programs Change Requests must include AF Form 813.
    (c) To ensure timely initiation of the EIAP, SAF/AQ forwards 
information copies of all Mission Need Statements and System 
Operational Requirements Documents to SAF/MIQ, HQ USAF/ILEV (or ANGRC/
CEV), the Air Force Medical Operations Agency, Aerospace Medicine 
Office (AFMOA/SG), and the affected MAJCOM EPFs.
    (d) The MAJCOM of the scheduling unit managing affected airspace is 
responsible for preparing and approving environmental analyses.


Sec. 989.6  Budgeting and funding.

    Contract EIAP efforts are proponent MAJCOM responsibilities. Each 
year, the EPF programs for anticipated out-year EIAP workloads based on 
inputs from command proponents. If proponent offices exceed the budget 
in a given year or identify unforeseen requirements, the proponent 
offices must provide the remaining funding.


Sec. 989.7  Requests from Non-Air Force agencies or entities.

    Non-Air Force agencies or entities may request the Air Force to 
undertake an action, such as issuing a permit or outleasing Air Force 
property, that may primarily benefit the requester or an agency other 
than the Air Force. The EPF and other Air Force staff elements must 
identify such requests and coordinate with the proponent of the non-Air 
Force proposal, as well as with concerned state, Tribal, and local 
governments.
    (a) Air Force decisions on such proposals must take into 
consideration the potential environmental impacts of the applicant's 
proposed activity (as described in an Air Force environmental 
document), insofar as the proposed action involves Air Force property 
or programs, or requires Air Force approval.
    (b) The Air Force may require the requester to prepare, at the 
requester's expense, an analysis of environmental impacts (40 CFR 
1506.5), or the requester may be required to pay for an EA or EIS to be 
prepared by a contractor selected and supervised by the Air Force. The 
EPF may permit requesters to submit draft EAs for their proposed 
actions, except for actions described in Sec. 989.16(a) and (b), or for 
actions the EPF has reason to believe will ultimately require an EIS. 
For EISs the EPF has the responsibility to prepare the environmental 
document, although responsibility for funding remains with the 
requester. The fact that the requester has prepared environmental 
documents at its own expense does not commit the Air Force to allow or 
undertake the proposed action or its alternatives. The requester is not 
entitled to any preference over other potential parties with whom the 
Air Force might contract or make similar arrangements.
    (c) In no event is the requester who prepares or funds an 
environmental analysis entitled to reimbursement from the Air Force. 
When requesters prepare environmental documents outside the Air Force, 
the Air Force must independently evaluate and approve the scope and 
content of the environmental analyses before using the analyses to 
fulfill EIAP requirements. Any outside environmental analysis must 
evaluate reasonable alternatives as defined in Sec. 989.8.


Sec. 989.8  Analysis of alternatives.

    The Air Force must analyze reasonable alternatives to the proposed 
action and the ``no action'' alternative in all EAs and EISs, as fully 
as the proposed action alternative.
    (a) ``Reasonable'' alternatives are those that meet the underlying 
purpose and need for the proposed action and that would cause a 
reasonable person to inquire further before choosing a particular 
course of action. Reasonable alternatives are not limited to those 
directly within the power of the Air Force to implement. They may 
involve another government agency or military service to assist in the 
project or even to become the lead agency. The Air Force must also 
consider reasonable alternatives raised during the scoping process (see 
Sec. 989.18) or suggested by others, as well as combinations of 
alternatives. The Air Force need not analyze highly speculative 
alternatives, such as those requiring a major, unlikely change in law 
or governmental policy. If the Air Force identifies a large number of 
reasonable alternatives, it may limit alternatives selected for 
detailed environmental analysis to a reasonable range or to a 
reasonable number of examples covering the full spectrum of 
alternatives.
    (b) The Air Force may expressly eliminate alternatives from 
detailed analysis, based on reasonable selection standards (for 
example, operational, technical, or environmental standards suitable to 
a particular project). In consultation with the EPF, proponents may 
develop written selection standards to firmly establish what is a 
``reasonable'' alternative for a particular project, but they must not 
so narrowly define these standards that they unnecessarily limit 
consideration to the proposal initially favored by proponents. This 
discussion of reasonable alternatives applies equally to EAs and EISs.
    (c) Except in those rare instances where excused by law, the Air 
Force must always consider and assess the environmental impacts of the 
``no action'' alternative. ``No action'' may mean either that current 
management practice will not change or that the proposed action will 
not take place. If no action would result in other predictable actions, 
those actions should be discussed within the no action alternative 
section. The discussion of the no action alternative and the 
alternatives should be comparable in detail to that of the proposed 
action.


Sec. 989.9  Cooperation and adoption.

    (a) Lead and Cooperating Agency (40 CFR 1501.5-1501.6). When the 
Air Force is a cooperating agency in the preparation of an EIS, the Air 
Force reviews and approves principal environmental documents within the 
EIAP as if they were prepared by the Air Force. The Air Force executes 
a ROD for its program decisions that are based on an EIS for which the 
Air Force is a cooperating agency. The Air Force may also be a lead or 
cooperating agency on an EA using similar procedures, but the MAJCOM 
EPC retains approval authority unless otherwise directed by HQ USAF. 
Before invoking provisions of 40 CFR 1501.5(e), the lowest authority 
level possible resolves disputes concerning which agency is the lead or 
cooperating agency.
    (b) Adoption of EA or EIS. The Air Force, even though not a 
cooperating agency, may adopt an EA or EIS prepared by another entity 
where the proposed action is substantially the same as the action 
described in the EA or EIS. In this case, the EA or EIS must be 
recirculated as a final EA or EIS but the Air Force must independently 
review the EA or EIS and determine that it is current and that it 
satisfies the requirements of this part. The Air Force then prepares 
its own FONSI or ROD, as the case may be. In the situation where the 
proposed action is not substantially the same as that described in the 
EA or the EIS, the Air Force may adopt the EA or EIS, or a portion 
thereof, by

[[Page 67311]]

circulating the EA or EIS as a draft and then preparing the final EA or 
EIS.


Sec. 989.10  Tiering.

    The Air Force should use tiered (40 CFR 1502.20) environmental 
documents, and environmental documents prepared by other agencies, to 
eliminate repetitive discussions of the same issues and to focus on the 
issues relating to specific actions. If the Air Force adopts another 
Federal agency's environmental document, subsequent Air Force 
environmental documents may also be tiered.


Sec. 989.11  Combining EIAP with other documentation.

    (a) The EPF combines environmental analysis with other related 
documentation when practicable (40 CFR 1506.4) following the procedures 
prescribed by the CEQ regulations and this part.
    (b) The EPF must integrate comprehensive planning (AFI 32-7062, Air 
Force Comprehensive Planning \10\) with the requirements of the EIAP. 
Prior to making a decision to proceed, the EPF must analyze the 
environmental impacts that could result from implementation of a 
proposal identified in the comprehensive plan.
---------------------------------------------------------------------------

    \10\ See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.12  Air Form 813, Request for Environmental Impact Analysis.

    The Air Force uses AF Form 813 to document the need for 
environmental analysis or for certain CATEX determinations for proposed 
actions. The form helps narrow and focus the issues to potential 
environmental impacts. AF Form 813 must be retained with the EA or EIS 
to record the focusing of environmental issues. The rationale for not 
addressing environmental issues must also be recorded in the EA or EIS.


Sec. 989.13  Categorical exclusion.

    (a) CATEXs define those categories of actions that do not 
individually or cumulatively have potential for significant effect on 
the environment and do not, therefore, require further environmental 
analysis in an EA or an EIS. The list of Air Force-approved CATEXs is 
in attachment 2. Supplements to this part may not add CATEXs or expand 
the scope of the CATEXs in attachment 2.
    (b) Characteristics of categories of actions that usually do not 
require either an EIS or an EA (in the absence of extraordinary 
circumstances) include:
    (1) Minimal adverse effect on environmental quality.
    (2) No significant change to existing environmental conditions.
    (3) No significant cumulative environmental impact.
    (4) Socioeconomic effects only.
    (5) Similarity to actions previously assessed and found to have no 
significant environmental impacts.
    (c) CATEXs apply to actions in the United States and abroad. 
General exemptions specific to actions abroad are in 32 CFR part 187. 
The EPF or other decision-maker forwards requests for additional 
exemption determinations for actions abroad to HQ USAF/ILEV with a 
justification letter.
    (d) Normally, any decision-making level may determine the 
applicability of a CATEX and need not formally record the determination 
on AF Form 813 or elsewhere, except as noted in the CATEX list.
    (e) Application of a CATEX to an action does not eliminate the need 
to meet air conformity requirements (see Sec. 989.28).


Sec. 989.14  Environmental assessment.

    (a) When a proposed action is one not usually requiring an EIS but 
is not categorically excluded, the EPF supports the proponent in 
preparing an EA (40 CFR 1508.9). Every EA must lead to either a FONSI, 
a decision to prepare an EIS, or no decision on the proposal.
    (b) Whenever a proposed action usually requires an EIS, the EPF 
responsible for the EIAP may prepare an EA to definitively determine if 
an EIS is required based on the analysis of environmental impacts. 
Alternatively, the EPF may choose to bypass the EA and proceed with 
preparation of an EIS.
    (c) An EA is a written analysis that:
    (1) Provides analysis sufficient to determine whether to prepare an 
EIS or a FONSI.
    (2) Aids the Air Force in complying with the NEPA when no EIS is 
required.
    (d) The length of an EA should be as short and concise as possible, 
while matching the magnitude of the proposal. An EA briefly discusses 
the need for the proposed action, reasonable alternatives to the 
proposed action, the affected environment, the environmental impacts of 
the proposed action and alternatives (including the ``no action'' 
alternative), and a listing of agencies and persons consulted during 
preparation. The EA should not contain long descriptions or lengthy, 
detailed data. Rather, incorporate by reference background data to 
support the concise discussion of the proposal and relevant issues.
    (e) The format for the EA may be the same as the EIS. The 
alternatives section of an EA and an EIS are similar and should follow 
the alternatives analysis guidance outlined in Sec. 989.8.
    (f) The EPF should design the EA to facilitate rapidly transforming 
the document into an EIS if the environmental analysis reveals a 
significant impact.
    (g) EAs for actions where the Air Force has wetlands or floodplains 
compliance responsibilities (E.O. 11988 and E.O. 11990) require SAF/MIQ 
approval. As a finding contained in the draft FONSI, a Finding of No 
Practicable Alternative (FONPA) must be submitted (five hard copies and 
an electronic version) through the MAJCOM EPF to HQ USAF/ILEVP when the 
alternative selected is located in wetlands or floodplains, and must 
discuss why no other practicable alternative exists to avoid impacts. 
See AFI 32-7064, Integrated Natural Resources Management \11\.
---------------------------------------------------------------------------

    \11\ See footnote 1 to Sec. 989.1
---------------------------------------------------------------------------

    (h) EAs and accompanying FONSIs that require the Air Force to make 
Clean Air Act General Conformity Determinations shall be submitted 
(five hard copies and an electronic version) through the MAJCOM EPF to 
HQ USAF/ILEVP for SAF/MIQ approval. SAF/MIQ signs all General 
Conformity Determinations and will also sign the companion FONSIs, when 
requested by the MAJCOM (see Sec. 989.30).
    (i) In cases potentially involving a high degree of controversy or 
Air force-wide concern, the MAJCOM, after consultation with HQ USAF/
ILEVP, may request HQ USAF ESOHC review and approval of an EA, or HQ 
USAF may direct the MAJCOM to forward an EA (five hard copies and an 
electronic version) for HQ USAF ESOHC review and approval.
    (j) As a minimum, the following EAs require MAJCOM approval because 
they involve topics of special importance or interest. Unless directed 
otherwise by HQ USAF/ILEVP, the installation EPF must forward the 
following types of EAs to the MAJCOM EPF, along with an unsigned draft 
FONSI: (MAJCOMs can require other EAs receive MAJCOM approval in 
addition to those types specified here.)
    (1) All EAs on non-Air Force proposals that require an Air Force 
decision, such as use of Air Force property for highways, space ports 
and joint-use proposals.
    (2) EAs where mitigation to insignificance is accomplished in lieu 
of initiating an EIS (Sec. 989.22(c)).
    (k) A few examples of actions that normally require preparation of 
an EA (except as indicated in the CATEX list) include:

[[Page 67312]]

    (1) Public land withdrawals of less than 5,000 acres.
    (2) Minor mission realignments and aircraft beddowns.
    (3) New building construction on base within developed areas.
    (4) Minor modifications to Military Operating Areas (MOAs), air-to-
ground weapons ranges, and military training routes.
    (l) The Air Force proponent will involve other federal agencies, 
state, Tribal, and local governments, and the public in the preparation 
of EAs (40 CFR 1501.4(b) and 1506.6). The extent of involvement usually 
coincides with the magnitude and complexity of the proposed action and 
its potential environmental effect on the area. For proposed actions 
described in Sec. 989.15(e)(2), use either the scoping process 
described in Sec. 989.18 or the public notice process in Sec. 989.24.


Sec. 989.15  Finding of no significant impact.

    (a) The FONSI (40 CFR Sec. 1508.13) briefly describes why an action 
would not have a significant effect on the environment and thus will 
not be the subject of an EIS. The FONSI must summarize the EA or, 
preferably, have it attached and incorporated by reference, and must 
note any other environmental documents related to the action.
    (b) If the EA is not incorporated by reference, the FONSI must 
include:
    (1) Name of the action.
    (2) Brief description of the action (including alternatives 
considered and the chosen alternative).
    (3) Brief discussion of anticipated environmental effects.
    (4) Conclusions leading to the FONSI.
    (5) All mitigation actions that will be adopted with implementation 
of the proposal (see Sec. 989.22).
    (c) Keep FONSIs as brief as possible. Only rarely should FONSIs 
exceed two typewritten pages. Stand-alone FONSIs without an attached EA 
may be longer.
    (d) For actions of regional or local interest, disseminate the 
FONSI according to Sec. 989.23. The MAJCOM and NGB are responsible for 
release of FONSIs to regional offices of Federal agencies, the state 
single point of contact (SPOC), and state agencies concurrent with 
local release by the installations.
    (e) The EPF must make the EA and unsigned FONSI available to the 
affected public and provide the EA and unsigned FONSI to organizations 
and individuals requesting them and to whomever the proponent or the 
EPF has reason to believe is interested in the action, unless 
disclosure is precluded for security classification reasons. Draft EAs 
and unsigned draft FONSIs will be clearly identified as drafts and 
distributed via cover letter which will explain their purpose and need. 
The EPF provides a copy of the documents without cost to organizations 
and individuals requesting them. the FONSI transmittal date (date of 
letter of transmittal) to the state SPOC or other equivalent agency is 
the official notification date.
    (1) Before the FONSI is signed and the action is implemented, the 
EPF should allow sufficient time to receive comments from the public. 
The time period will reflect the magnitude of the proposed action and 
its potential for controversy. The greater the magnitude of the 
proposed action or its potential for controversy, the longer the time 
that must be allowed for public review. Mandatory review periods for 
certain defined actions are contained in Sec. 989.15(e)(2). These are 
not all inclusive but merely specific examples. In every case where an 
EA and FONSI are prepared, the proponent and EPF must determine how 
much time will be allowed for public review. In all cases, other than 
classified actions, a public review period should be the norm unless 
clearly unnecessary due to the lack of potential controversy.
    (2) In the following circumstances, the EA and unsigned FONSI are 
made available for public review for at least 30 days before FONSI 
approval and implementing the action (40 CFR 1501.4(e)(2)):
    (i) When the proposed action is, or is closely similar to, one that 
usually requires preparation of an EIS (see Sec. 989.16).
    (ii) If it is an unusual case, a new kind of action, or a 
precedent-setting case in terms of its potential environmental impacts.
    (iii) If the proposed action would be located in a floodplain or 
wetland.
    (iv) If the action is mitigated to insignificance in the FONSI, in 
lieu of an EIS Sec. 989.22(c)).
    (v) If the proposed action is a change to airspace use of 
designation.
    (vi) If the proposed action would have a disproportionately high 
and adverse environmental effect on minority and low-income 
populations.
    (f) As a general rule, the same organizational level that prepares 
the EA also reviews and recommends the FONSI for approval by the EPC. 
MAJCOMs may decide the level of EA approval and FONSI signature, except 
as provided in Sec. 989.14(g).


Sec. 989.16  Environmental impact statement.

    (a) Certain classes of environmental impacts normally require 
preparation of an EIS (40 CFR part 1501.4). These include, but are not 
limited to:
    (1) Potential for significant degradation of the environment.
    (2) Potential for significant threat or hazard to public health or 
safety.
    (3) Substantial environmental controversy concerning the 
significance or nature of the environmental impact of a proposed 
action.
    (b) Certain other action normally, but not always, require and EIS. 
These include, but are not limited to:
    (1) Public land withdrawals of over 5,000 acres (Engle Act, 43 
U.S.C. 155-158).
    (2) Establishment of new air-to-ground weapons ranges.
    (3) Site selection of new airfields.
    (4) Site selection of major installations.
    (5) Development of major new weapons systems (at decision points 
that involve demonstration, validation, production, deployment, and 
area or site selection for deployment).
    (6) Establishing or expanding supersonic training areas overland 
below 30,000 feet MSL (mean sea level).
    (7) Disposal and reuse of closing installations.


Sec. 989.17  Notice of intent.

    The EPF must furnish, through the MAJCOM, to HQ USAF/ILEV the NOI 
(40 CFR 1508.22) describing the proposed action for congressional 
notification and publication in the Federal Register. The EPF, through 
the host base public affairs office, will also provide the approved NOI 
to newspapers and other media in the area potentially affected by the 
proposed action. The EPF must provide copies of the notice to the SPOC 
and must also distribute it to requesting agencies, organizations, and 
individuals. Along with the draft NOI, the EPF must also forward the 
completed DOPPA, through the MAJCOM, to HQ USAF for information.


Sec. 989.18  Scoping.

    (a) After publication of the NOI for an EIS, the EPF must initiate 
the public scoping process (40 CFR 1501.7) to determine the scope of 
issues to be addressed and to help identify significant environmental 
issues to be analyzed in depth. Methods of scoping range from 
soliciting written comments

[[Page 67313]]

to conducting pubic scoping meetings (see 40 CFR 1501.7 and 1506.6(e)). 
The scoping process is an iterative, pro-active process of 
communicating with individual citizens, neighborhood, community, and 
local leaders, public interest groups, congressional delegations, 
state, Tribal, and local governments, and federal agencies. The scoping 
process must start prior to official public scoping meetings and 
continue through to preparation of the draft EIS. The purpose of this 
process is to de-emphasize insignificant issues and focus the scope of 
the environmental analysis on significant issues (40 CFR 1500.4(g)). 
Additionally, scoping allows early and more meaningful participation by 
the public. The result of scoping is that the proponent and EPF 
determine the range of actions, alternatives, and impacts to be 
considered in the EIS (40 CFR 1508.125). The EPF must send plans for 
scoping meetings to AF/ILEV (or ANGRC/CEV) for SAF/MIQ concurrence no 
later than 30 days before the first scoping meeting. Scoping meeting 
plans are similar in content to public hearing plans (see attachment 
3). Public scoping meetings should generally be held at locations not 
on the installation.
    (b) Where it is anticipated the proposed action and its 
alternatives will affect minority and low-income populations, special 
efforts shall be made to reach these populations. This might include 
special informational meetings or notices in minority and low-income 
areas concerning the regular scoping process.


Sec. 989.19  Draft EIS.

    (a) Preliminary draft. The EPF supports the proponent in 
preparation of a Preliminary draft EIS (PDEIS) (40 CFR 1502.9) based on 
the scope of issues decided on during the scoping process. The format 
of the EIS must be in accordance with the format recommended in the CEQ 
regulations (40 CFR 1502.10 and 1502.11). The CEQ regulations indicate 
that EISs normally contain fewer than 150 pages (300 pages for 
proposals of unusual complexity). The EPF provides a sufficient number 
of copies of the PDEIS to HQ USAF/ILEV for HQ USAF ESOHC security and 
policy review in each member's area of responsibility and to AFCEE/EC 
for technical review.
    (b) Review of draft EIS. After the HQ USAF ESOHC review, the EPF 
assists the proponent in making any necessary revisions to the PDEIS 
and forwards it to HQ USAF/ILEV as a draft EIS to ensure completion of 
all security and policy reviews and to certify releasability. Once the 
draft EIS is approved, HQ USAF/ILEV notifies the EPF to print 
sufficient copies of the draft EIS for distribution to congressional 
delegations and interested agencies at least seven calendar days prior 
to publication of the Notice of Availability (NOA) in the Federal 
Register. After congressional distribution, the EPF sends the draft EIS 
to all others on the distribution list. HQ USAF/ILEV then files the 
document with the U.S. Environmental Protection Agency (USEPA) and 
provides a copy to the Deputy Under Secretary of Defense for 
Environmental Security.
    (c) Public review of draft EIS (40 CFR 1502.19 and 1506.6):
    (1) The public comment period for the draft EIS is at least 45 days 
starting from the publication date of the NOA of the draft EIS in the 
Federal Register. USEPA publishes in the Federal Register NOAs of EISs 
filed during the preceding week. This public comment period may be 
extended by the EPF. If the draft EIS is unusually long, the EPF may 
distribute a summary to the public with an attached list of locations 
(such as public libraries) where the entire draft EIS may be reviewed. 
The EPF must distribute the full draft EIS to certain entities, for 
example agencies with jurisdiction by law or agencies with special 
expertise in evaluating the environmental impacts, and anyone else 
requesting the entire draft EIS (40 CFR 1502.19 and 1506.6).
    (2) The EPF sponsors public hearings on the draft EIS according to 
the procedures in attachment 3. Hearings take place no sooner than 15 
days after the Federal Register publication of the NOA and at least 15 
days before the end of the comment period. Scheduling hearings toward 
the end of the comment period is encouraged to allow the public to 
obtain and more thoroughly review the draft EIS. The EPF must provide 
hearing plans to HQ USAF/ILEV (or ANGRC/CEV) for SAF/MIQ concurrence no 
later than 30 days prior to the first public hearing. Public hearings 
should generally be held at off-base locations. Submit requests to 
deviate from procedures in attachment 3 to HQ USAF/ILEVP for SAF/MIQ 
approval.
    (3) Where analyses indicate that a proposed action will potentially 
have a disproportionate impact on minority or low-income populations, 
the EPF should make special efforts to ensure that these potentially 
impacted populations are brought into the review process.
    (d) Response to comments (40 CFR 1503.4). The EPF must incorporate 
in the Final EIS its responses to comments on the Draft EIS by 
modifying the text and referring in the appendix to where the comment 
is addressed or providing a written explanation in the comments 
section, or both. The EPF may group comments of a similar nature 
together to allow a common response and may also respond to individuals 
separately.
    (e) Seeking additional comments. The EPF may, at any time during 
the EIS process, seek additional public comments, such as when there 
has been a significant change in circumstances, development of 
significant new information of a relevant nature, or where there is 
substantial environmental controversy concerning the proposed action. 
Significant new information leading to public controversy regarding the 
scope after the scoping process is such a changed circumstance. An 
additional public comment period may also be necessary after the 
publication of the draft EIS due to public controversy or changes made 
as the result of previous public comments. Such periods when additional 
public comments are sought shall last for at least 30 days.


Sec. 989.20  Final EIS.

    (a) If changes in the draft EIS are minor or limited to factual 
corrections and responses to comments, the proponent and EPF may, with 
the prior approval of SAF/MIQ, prepare a document containing only 
comments on the Draft EIS, Air Force responses, and errata sheets of 
changes staffed to the HQ USAF ESOHC for coordination. However, the EPF 
must submit the draft EIS and all of the above documents, with a new 
cover sheet indicating that it is a final EIS (40 CFR 1503.4(c)), to HQ 
USAF/ILEV for filing with the EPA (40 CFR 1506.9). If more extensive 
modifications are required, the EPF must prepare a preliminary final 
EIS incorporating these modifications for coordination within the Air 
Force. Regardless of which procedure is followed, the final EIS must be 
processed in the same way as the draft EIS, including receipt of copies 
of the EIS by SAF/LLP, except that the public need not be invited to 
comment during the 30-day post-filing waiting period. The Final EIS 
should be furnished to every person, organization, or agency that made 
substantive comments on the Draft EIS or requested a copy. Although the 
EPF is not required to respond to public comments received during this 
period, comments received must be considered in determining final 
decisions such as identifying the preferred alternative, appropriate 
mitigations, or if a supplemental analysis is required.
    (b) The EPF processes all necessary supplements to EISs (40 CFR 
1502.9) in

[[Page 67314]]

the same way as the original Draft and Final EIS, except that a new 
scoping process is not required.
    (c) If major steps to advance the proposal have not occurred within 
5 years from the date of the Final EIS approval, reevaluation of the 
documentation should be accomplished to ensure its continued validity.


Sec. 989.21  Record of decision (ROD).

    (a) The proponent and the EPF prepare a draft ROD, formally staff 
it through the MAJCOM EPC, to HQ USAF/ILEV for verification of 
adequacy, and forwards it to the final decision-maker for signature. A 
ROD (40 CFR 1505.2) is a concise public document stating what an 
agency's decision is on a specific action. The ROD may be integrated 
into any other document required to implement the agency's decision. A 
decision on a course of action may not be made until 30 days after 
publication of the NOA of the final EIS in the Federal Register.
    (b) The Air Force must announce the ROD to the affected public as 
specified in Sec. 989.23, except for classified portions. The ROD 
should be concise and should explain the conclusion, the reason for the 
selection, and the alternatives considered. The ROD must identify the 
course of action, whether it is the proposed action or an alternative, 
that is considered environmentally preferable regardless of whether it 
is the alternative selected for implementation. The ROD should 
summarize all the major factors the agency weighed in making its 
decision, including essential considerations of national policy.
    (c) The ROD must state whether the selected alternative employs all 
practicable means to avoid, minimize, or mitigate environmental impacts 
and, if not, explain why.


Sec. 989.22  Mitigation.

    (a) When preparing EIAP documents, indicate clearly whether 
mitigation measures (40 CFR 1508.20) must be implemented for the 
alternative selected. Discuss mitigation measures in terms of ``will'' 
and ``would'' when such measures have already been incorporated into 
the proposal. Use terms like ``may'' and ``could'' when proposing or 
suggesting mitigation measures. Both the public and the Air Force 
community need to know what commitments are being considered and 
selected, and who will be responsible for implementing, funding, and 
monitoring the mitigation measures.
    (b) The proponent funds and implements mitigation measures in the 
mitigation plan that is approved by the decision-maker. Where possible 
and appropriate because of amount, the proponent should include the 
cost of mitigation as a line item in the budget for a proposed project. 
The proponent must keep the EPF informed of the status of mitigation 
measures when the proponent implements the action. The EPF monitors the 
progress of mitigation implementation and reports its status, through 
the MAJCOM, to HQ USAF/ILEV when requested. Upon request, the EPF must 
also provide the results of relevant mitigation monitoring to the 
public.
    (c) The proponent may ``mitigate to insignificance'' potentially 
significant environmental impacts found during preparation of an EA, in 
lieu of preparing an EIS. The FONSI for the EA must include these 
mitigation measures. Such mitigations are legally binding and must be 
carried out as the proponent implements the project. If, for any 
reason, the project proponent later abandons or revises in 
environmentally-adverse ways the mitigation commitments made in the 
FONSI, the proponent must prepare a supplemental EIAP document before 
continuing the project. If potentially significant environmental 
impacts would result from any project revisions, the proponent must 
prepare an EIS.
    (d) For each FONSI or ROD containing mitigation measures, the 
proponent prepares a plan specifically identifying each mitigation, 
discussing how the proponent will execute the mitigations, identifying 
who will fund and implement the mitigations, and stating when the 
proponent will complete the mitigation. The mitigation plan will be 
forwarded, through the MAJCOM EPF to HQ USAF/ILEV for review within 90 
days from the date of signature of the FONSI or ROD.


Sec. 989.23  Contractor prepared documents.

    All Air Force EIAP documents belong to and are the responsibility 
of the Air Force. EIAP correspondence and documents distributed outside 
of the Air Force should generally be signed out by Air Force personnel 
and documents should reflect on the cover sheet they are an Air Force 
document. Contractor preparation information should be contained within 
the document's list of preparers.


Sec. 989.24  Public notification.

    Except as provided in Sec. 989.26, public notification is required 
for various aspects of the EIAP.
    (a) Activities that require public notification include:
    (1) An EA and FONSI.
    (2) An EIS NOI.
    (3) Public scoping meetings.
    (4) Availability of the draft EIS.
    (5) Public hearings on the draft EIS (which should be included in 
the NOA for the draft EIS).
    (6) Availability of the final EIS.
    (7) The ROD for an EIS.
    (b) For actions of local concern, the list of possible notification 
methods in 40 CFR 1506.6(b)(3) is only illustrative. The EPF may use 
other equally effective means of notification as a substitute for any 
of the methods listed. Because many Air Force actions are of limited 
interest to persons or organizations outside the Air Force, the EPF may 
limit local notification to the SPOC, local government representatives, 
and local news media. For all actions covered under Sec. 989.15(e)(2), 
and for EIS notices, the public affairs office must purchase with EPF 
funds an advertisement in a prominent section of the local newspaper(s) 
of general circulation (not ``legal'' newspapers or ``legal section'' 
of general newspapers).
    (c) For the purpose of EIAP, the EPF begins the time period of 
local notification when it sends written notification to the state SPOC 
or other equivalent agency (date of letter of notification).


Sec. 989.25  Base closure and realignment.

    Base closure or realignment may entail special requirements for 
environmental analysis. The permanent base closure and realignment law, 
10 U.S.C. 2687, requires a report to the Congress when an installation 
where at least 300 DoD civilian personnel are authorized to be employed 
is closed, or when a realignment reduces such an installation by at 
least 50 percent or 1,000 of such personnel, whichever is less. In 
addition, other base closure laws may be in effect during particular 
periods. Such non-permanent closure laws frequently contain provisions 
limiting the extent of environmental analysis required for actions 
taken under them. Such provisions may also add requirements for studies 
not necessarily required by NEPA.


Sec. 989.26  Classified actions (40 CFR 1507.3(c)).

    (a) Classification of an action for national defense or foreign 
policy purposes does not relieve the requirement of complying with 
NEPA. In classified matters, the Air Force must prepare and make 
available normal NEPA environmental analysis documents to aid in the 
decision making process; however, Air Force staff must prepare, 
safeguard and disseminate these documents according to established 
procedures for protecting classified documents. IF an EIAP

[[Page 67315]]

document must be classified, the Air Force may modify or eliminate 
associated requirements for public notice (including publication in the 
Federal Register) or public involvement in the EIAP. However, the Air 
Force should obtain comments on classified proposed actions or 
classified aspects of generally unclassified actions, from public 
agencies having jurisdiction by law or special expertise, to the extent 
that such review and comment is consistent with security requirements. 
Where feasible, the EPF may need to help appropriate personnel from 
those agencies obtain necessary security clearances to gain access to 
documents so they can comment on scoping or review the documents.
    (b) Where the proposed action is classified and unavailable to the 
public, the Air Force may keep the entire NEPA process classified and 
protected under the applicable procedures for the classification level 
pertinent to the particular information. At times (for example, during 
weapons system development and base closures and realignments), certain 
but not all aspects of NEPA documents may later be declassified. In 
those cases, the EPF should organize the EIAP documents, to the extent 
practicable, in a way that keeps the most sensitive classified 
information (which is not expected to be released at any early date) in 
a separate annex that can remain classified; the rest of the EIAP 
documents, when declassified, will then be comprehensible as a unit and 
suitable for release to the public. Thus, the documents will reflect, 
as much as possible, the nature of the action and its environmental 
impacts, as well as Air Force compliance with NEPA requirements.
    (c) Where the proposed action is not classified, but certain 
aspects of it need to be protected by security classification, the EPF 
should tailor the EIAP for a proposed action to permit as normal a 
level of public involvement as possible, but also fully protect the 
classified part of the action and environmental analysis. In some 
instances, the EPF can do this by keeping the classified sections of 
the EIAP documents in a separate, classified annex.
    (d) For Sec. 989.26(b) actions, and NOI or NOA will not be 
published in the Federal Register until the proposed action is 
declassified. For Sec. 989.26(c) actions, the Federal Register will run 
an unclassified NOA which will advise the public that at some time in 
the future the Air Force may or will publicly release a declassified 
document.
    (e) The EPF similarly protects classified aspects of FONSIs, RODs, 
or other environmental documents that are part of the EIAP for a 
proposed action, such as by preparing separate classified annexes to 
unclassified documents, as necessary.
    (f) Whenever a proponent believes that EIAP documents should be 
kept classified, the EPF must make a report of the matter to SAF/MIQ, 
including proposed modifications of the normal EIAP to protect 
classified information. The EPF may make such submissions at whatever 
level of security classification is needed to provide a comprehensive 
understanding of the issues. SAF/MIQ, with support from SAF/GC and 
other staff elements as necessary, makes final decisions on EIAP 
procedures for classified actions.


Sec. 989.27  Occupational safety and health.

    Assess direct and indirect impacts of proposed actions on the 
safety and health of Air Force employees and others at a work site. The 
EIAP document does not need to specify compliance procedures. However, 
the EIAP documents should discuss impacts that require a change in work 
practices to achieve an adequate level of health and safety.


Sec. 989.28  Airspace and range proposals.

    (a) EIAP Review. Airspace and range proposals require review by HQ 
USAF/XOO prior to public announcement and implementation by a 
proponent. Unless directed otherwise, the airspace proponent will 
forward the DOPAA as an attachment to the proposal sent to HQ USAF/XOO. 
EAs and EISs prepared as part of airspace and range proposals will be 
forwarded to HQ USAF/XOO for review at the preliminary draft and 
preliminary final stages. AF/XOO will be responsible for appropriate HQ 
USAF ESOHC review.
    (b) Federal Aviation Administration. The DoD and the Federal 
Aviation Administration (FAA) have entered into a Memorandum of 
Understanding (MOU) that outlines various airspace responsibilities. 
For purposes of compliance with NEPA, the DoD is the ``lead agency'' 
for all proposals initiated by DoD, with the FAA acting as the 
``cooperating agency.'' Where airspace proposals initiated by the FAA 
affect military use, the roles are reversed. The proponent's action 
officers (civil engineering and local airspace management) must ensure 
that the FAA is fully integrated into the airspace proposals and 
related EIAP from the very beginning and that the action officers 
review the FAA's responsibilities as a cooperating agency. The 
proponent's airspace manager develops the preliminary airspace proposal 
per appropriate FAA handbooks and the FAA-DoD MOU. The preliminary 
airspace proposal is the basis for initial dialogue between DoD and the 
FAA on the proposed action. A close working relationship between DoD 
and the FAA, through the FAA regional Air Force representative, greatly 
facilitates the airspace proposal process and helps resolve many NEPA 
issues during the EIAP.


Sec. 989.29  Force structure and unit move proposals.

    Unless directed otherwise, the MAJCOM plans and programs proponent 
will forward a copy of all EAs for force structure and unit moves to HQ 
USAF/ILXB for information only at the preliminary draft and preliminary 
final stages.


Sec. 989.30  Air quality.

    Section 176(c) of the Clean Air Act Amendments of 1990, 42 U.S.C. 
7506(c), establishes a conformity requirement for Federal agencies 
which has been implemented by regulation, 40 CFR part 93, subpart B. 
All EIAP documents must address applicable conformity requirements and 
the status of compliance. Conformity applicability analyses and 
determinations are developed in parallel with EIAP documents, but are 
separate and distinct requirements and should be documented separately. 
To increase the utility of a conformity determination in performing the 
EIAP, the conformity determination should be completed prior to the 
completion of the EIAP so as to allow incorporation of the information 
from the conformity determination into the EIAP. See AFI 32-7040, Air 
Quality Compliance.\12\
---------------------------------------------------------------------------

    \12\ See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.31  Pollution prevention.

    The Pollution Prevention Act of 1990, 42 U.S.C. 13101(b), 
established a national policy to prevent or reduce pollution at the 
source, whenever feasible. Pollution prevention approaches should be 
applied to all pollution-generating activities. The environmental 
document should analyze potential pollution that may result from the 
proposed action and alternatives and must discuss potential pollution 
prevention measures when such measures are feasible for incorporation 
into the proposal or alternatives. Where pollution cannot be prevented, 
the environmental analysis and proposed mitigation measures should 
include, wherever possible,

[[Page 67316]]

recycling, energy recovery, treatment, and environmentally safe 
disposal actions (see AFI 32-7080, Pollution Prevention Program \13\).
---------------------------------------------------------------------------

    \13\ See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.32  Noise.

    Aircraft noise data files used for analysis during EIAP will be 
submitted to HQ AFCEE for review and validation prior to public 
release, and upon completion of the EIAP for database entry. Utilize 
the current NOISEMAP computer program for air installations and the 
Assessment System for Aircraft Noise for military training routes and 
military operating areas. Guidance on standardized Air Force noise data 
development and analysis procedures is available from HQ AFCEE/EC. 
Develop EIAP land use analysis relating to aircraft noise impacts 
originating from air installations following procedures in AFI 32-
70653, Air Installation Compatible Use Zone.\14\ Draft EIAP aircraft 
noise/land use analysis associated with air installations will be 
coordinated with the MAJCOM AICUZ program manager.
---------------------------------------------------------------------------

    \14\ See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.33  Environmental justice.

    During the preparation of environmental analyses under this 
instruction, the EPF should ensure compliance with the provisions of 
E.O. 12898, Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations, and Executive 
Memorandum of February 11, 1994, regarding E.O. 12898.


Sec. 989.34  Special and emergency procedures.

    (a) Special procedures. During the EIAP, unique situations may 
arise that require EIAP strategies different than those set forth in 
this part. These situations may warrant modification of the procedures 
in this part. EPFs should only consider procedural deviations when the 
resulting process would benefit the Air Force and still comply with 
NEPA and CEQ regulations. EPFs must forward all requests for procedural 
deviations to HQ USAF/ILEV (or ANGRC/CEV) for review and approval by 
SAF/MIQ.
    (b) Emergency procedures (40 CFR 1506.11). Emergency situations do 
not exempt the Air Force from complying with NEPA, but do allow 
emergency response while completing the EIAP. Certain emergency 
situations may make it necessary to take immediate action having 
significant environmental impact, without observing all the provisions 
of the CEQ regulations or this part. If possible, promptly notify HQ 
USAF/ILEV, for SAF/MIQ coordination and CEQ consultation, before 
undertaking emergency actions that would otherwise not comply with NEPA 
or this part. The immediate notification requirement does not apply 
where emergency action must be taken without delay. Coordination in 
this instance must take place as soon as practicable.


Sec. 989.35  Reporting requirements.

    (a) EAs, EISs, and mitigation measures will be tracked at bases and 
MAJCOMs through an appropriate environmental management system.
    (b) Proponents, EPFs, and public affairs offices may utilize the 
world wide web, in addition to more traditional means, to notify the 
public of availability of EAs and EISs. When possible, allow 
distribution of documents electronically. Public review comments should 
be required in writing, rather than by electronic mail.
    (c) All documentation will be disposed of according to AFMAN 37-
139, Records Disposition--Standards.\15\
---------------------------------------------------------------------------

    \15\ See footnote 1 to Sec. 989.1.
---------------------------------------------------------------------------


Sec. 989.36  Waivers.

    In order to deal with unusual circumstances and to allow growth in 
the NEPA process, SAF/MIQ may grant waivers to those procedures 
contained in this instruction not required by NEPA or the CEQ 
Regulations. Such waivers shall not be used to limit compliance with 
NEPA or the CEQ Regulations but only to substitute other, more suitable 
procedures relative to the context of the particular action. Such 
waivers may also be granted on occasion to allow experimentation in 
procedures in order to allow growth in the EIAP. This authority may not 
be delegated.


Sec. 989.37  Procedures for analysis abroad.

    Procedures for analysis of environmental actions abroad are 
contained in 32 CFR part 187. That directive provides comprehensive 
policies, definitions, and procedures for implementing E.O. 12114. For 
analysis of Air Force actions abroad, 32 CFR part 187 will be followed.


Sec. 989.38  Requirements for analysis abroad.

    The EPF will generally perform the same functions for analysis of 
actions abroad that it performs in the United States. In addition to 
the requirements of 32 CFR part 187, the following Air Force specific 
rules apply.
    (a) For EAs dealing with global commons (geographic areas beyond 
the jurisdiction of the United States or any foreign nation) HQ USAF/
ILEV will review actions that are above the MAJCOM approval authority. 
In this instance, approval authority refers to the same approval 
authority that would apply to an EA in the United States. The EPF 
documents a decision not to do an EIS.
    (b) For EISs dealing with the global commons, the EPF provides 
sufficient copies to HQ USAF/ILEV for the HQ USAF ESOHC review and 
AFCEE/EC technical review. After ESOHC review, the EPF makes a 
recommendation as to whether the proposed draft EIS will be released as 
a draft EIS.
    (c) For environmental studies and environmental reviews, forward, 
when appropriate, environmental studies and reviews to HQ USAF/ILEV for 
coordination among appropriate federal agencies. HQ USAF/ILEV makes 
environmental studies and reviews available to the Department of State 
and other interested federal agencies, and, on request, to the United 
States public, in accordance with 32 CFR part 187. HQ USAF/ILEV also 
may inform interested foreign governments or furnish copies of studies, 
in accordance with 32 CFR part 187.
Attachment 1 to Part 989--Glossary of References, Abbreviations, 
Acronyms, and Terms

References--Legislative

10 U.S.C. 2687, Base Closures and Realignments
42 U.S.C. 4321-4347, National Environmental Policy Act of 1969
42 U.S.C. 7506(c), Clean Air Act Amendments of 1990
42 U.S.C. 13101(b), Pollution Prevention Act of 1990
43 U.S.C. 155-158, Engle Act

Executive Orders

Executive Order 11988, Floodplain Management, May 24, 1977
Executive Order 11990, Protection of Wetlands, May 24, 1977
Executive Order 12114, Environmental Effects Abroad of Major Federal 
Actions, January 4, 1979
Executive Order 12372, Intergovernmental Review of Federal Programs, 
July 14, 1982
Executive Order 12898, Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, February 
11, 1994

U.S. Government Agency Publications

Council on Environmental Quality Regulations for Implementing the 
Procedural Provisions of the National Environmental Policy Act, 40 
CFR parts 1500-1508
Department of Defense Directive (DoDD) 4715.1, Environmental 
Security
Department of Defense Directive (DoDD) 6050.7, Environmental Effects 
Abroad of Major Department of Defense Actions, March 31, 1979 (32 
CFR part 187)

[[Page 67317]]

Department of Defense Instruction (DoDI) 4715.9, Environmental 
Planning and Analysis
DoDD 5000.1, Defense Acquisition
Department of Defense 5000.2-R, Mandatory Procedures for Major 
Defense Acquisition Programs (MDAPs) and Major Automated Information 
Systems (MAIS) Acquisition Programs, with Change 1

Air Force Publications

AFPD 32-70, Environmental Quality
AFI 32-1021, Planning and Programming of Facility Construction 
Projects
AFI 32-7002, Environmental Information Management System
AFI 32-7005, Environmental Protection Committees
AFI 32-7040, Air Quality Compliance
AFI 32-7062, Air Force Comprehensive Planning
AFI 32-7063, Air Installation Compatible Use Zone Program
AFI 32-7064, Integrated Natural Resources Management
AFI 32-7080, Pollution Prevention Program
AFI 35-202, Environmental Community Involvement
AFI 35-205, Air Force Security and Policy Review Program
AFMAN 37-139, Records Disposition--Standards

Abbreviations and Acronyms

    Abbreviation or acronym, and definition:

AFCEE  Air Force Center for Environmental Excellence
AFCEE/EC  Air Force Center for Environmental Excellence/
Environmental Conservation and Planning Directorate
AFI  Air Force Instruction
AFLSA/JACE  Air Force Legal Services Agency/Environmental Law and 
Litigation Division
AFLSA/JAJT  Air Force Legal Services Agency/Trial Judiciary Division
AFMAN  Air Force Manual
AFMOA/SG  Air Force Medical Operations Agency/Aerospace Medicine 
Office
AFPD  Air Force Policy Directive
AFRES  Air Force Reserve
ANG  Air National Guard
ANGRC  Air National Guard Readiness Center
CATEX  Ctegorical Exclusion
CEQ  Council on Environmental Quality
CFR  Code of Federal Regulations
DoD  Department of Defense
DoDD  Department of Defense Directive
DoDI  Department of Defense Instruction
DOPAA  Description of Proposed Action and Alternatives
EA  Environmental Assessment
EIAP  Environmental Impact Analysis Process
EIS  Environmental Impact Statement
E.O.  Executive Order
EPA  Environmental Protection Agency
EPC  Environmental Protection Committee
EPF  Environmental Planning Function
ESOHC  Environmental Safety and Occupational Health Committee
FAA  Federal Aviation Administration
FEIS  Final Environmental Impact Statement
FOA  Field Operating Agency
FONPA  Finding of No Practicable Alternative
FONSI  Finding of No Significant Impact
GSA  General Services Administration
HG AFMC  Headquarters, Air Force Materiel Command
HQ USAF  Headquarters, United States Air Force
HQ USAF/ILE  The Air Force Civil Engineer
MAJCOM  Major Command
MGM  Materiel Group Manager
MOA  Military Operating Area
MOU  Memorandum of Understanding
MSL  Mean Sea Level
NEPA  National Environmental Policy Act of 1969
NGB-CF  National Guard Bureau Air Directorate
NGB-JA  National Guard Bureau Office of the Staff Judge Advocate
NGB-PA  National Guard Bureau Office of Public Affairs
NOA  Notice of Availability
NOI  Notice of Intent
OSD  Office of the Secretary of Defense
OSHA  Occupational Safety and Health Administration
PDEIS  Preliminary Draft Environmental Impact Statement
PGM  Product Group Manager
REO  Air Force Regional Environmental Office
ROD  Record of Decision
SAF/AQR  Deputy Assistant Secretary of the Air Force (Science, 
Technology, and Engineering)
SAF/GC  Air Force General Counsel
SAF/LL  Air Force Office of Legislative Liaison
SAF/MI  Assistant Secretary of the Air Force for Manpower, Reserve 
Affairs, Installations, and Environment
SAF/MIQ  Deputy Assistant Secretary of the Air Force (Environment, 
Safety, and Occupational Health)
SAF/PA  Air Force Office of Public Affairs
SJA  Staff Judge Advocate
SM  Single Manager
SPD  Single Program Director
SPOC  Single Point of Contact
TDY  Temporary Duty
U.S.C.  United States Code

Terms

    Note: All definitions in the CEQ Regulations, 40 CFR part 1508, 
apply to this part. In addition, the following definitions apply:
    Description of Proposed Action and Alternatives (DOPAA)--An Air 
Force document that is the framework for assessing the environmental 
impact of a proposal. It describes the purpose and need for the 
action, the alternatives to be considered, and the rationale used to 
arrive at the proposed action. The DOPAA often unfolds as writing 
progresses. The DOPAA can change during the internal scoping and 
public scoping process, especially as ideas and issues become 
clearer, and as new information makes changes necessary.
    Environmental Impact Analysis Process (EIAP)--The Air Force 
program that implements the requirements of NEPA and requirements 
for analysis of environmental effects abroad under E.O. 12114.
    Finding of No Practicable Alternative (FONPA)--Finding contained 
in a FONSI or ROD, according to Executive Orders 11988 and 11990, 
that explains why there are no practicable alternatives to an action 
affecting a wetland or floodplain, based on appropriate EIAP 
analysis or other documentation.
    Interdisciplinary--An approach to environmental analysis 
involving more than one discipline or branch of learning.
    Pollution Prevention--``Source reduction'', as defined under the 
Pollution Prevention Act, and other practices that reduce or 
eliminate pollutants through increased efficiency in the use of raw 
materials, energy, water, or other resources, or in the protection 
of natural resources by conservation.
    Proponent--Any office, unit, or activity that proposes to 
initiate an action.
    Scoping--A process for proposing alternatives to be addressed 
and for identifying the significant issues related to a proposed 
action. Scoping includes affirmative efforts to communicate with 
other federal agencies, state, Tribal, and local governments, and 
the public.
    Single Manager--Any one of the Air Force designated weapon 
system program managers, that include System Program Directors 
(SPDs), Product Group Managers (PGMs), and Materiel Group Managers 
(MGM).
    United States--All states, commonwealths, the District of 
Columbia, territories and possessions of the United States, and all 
waters and airspace subject to the territorial jurisdiction of the 
United States. The territories and possessions of the United States 
include American Samoa, Guam, Johnston Atoll, Kingman Reef, Midway 
Island, Navassa Island, Palmyra Island, the Virgin Islands, and Wake 
Island.

Attachment 2 to Part 989--Categorical Exclusions

    A2.1. Proponent/EPF Responsibility. Although a proposed action 
may qualify for a categorical exclusion from the requirements for 
environmental impact analysis under NEPA, this exclusion does not 
relieve the EPF or the proponent of responsibility for complying 
with all other environmental requirements related to the proposal, 
including requirements for permits, state regulatory agency review 
of plans, and so on.
    A2.2. Additional Analysis. Circumstances may arise in which 
usually categorically excluded actions may have a significant 
environmental impact and, therefore, may generate a requirement for 
further environmental analysis. Examples of situations where such 
unique circumstances may be present include:
    A2.2.1. Actions of greater scope or size than generally 
experienced for a particularly category of action.
    A2.2.2. Potential for degradation (even though slight) of 
already marginal or poor environmental conditions.
    A2.2.3. Initiating a degrading influence, activity, or effect in 
areas not already significantly modified from their natural 
condition.
    A2.2.4. Use of unproved technology.
    A2.2.5. Use of hazardous or toxic substances that may come in 
contact with the surrounding environment.

[[Page 67318]]

    A2.2.6. Presence of threatened or endangered species, 
archaeological remains, historical sites, or other protected 
resources.
    A2.2.7. Proposals adversely affecting areas of critical 
environmental concern, such as prime or unique agricultural lands, 
wetlands, coastal zones, wilderness areas, floodplains, or wild and 
scenic river areas.
    A2.2.8. Proposals with significant and adverse environmental 
effects on minority and low-income populations.
    A2.3. CATEX List. Actions that are categorically excluded in the 
absence of unique circumstances are:
    A2.3.1. Routine procurement of goods and services.
    A2.3.2. Routine Commissary and Exchange operations.
    A2.3.3. Routine recreational and welfare activities.
    A2.3.4. Normal personnel, fiscal or budgeting, and 
administrative activities and decisions including those involving 
military and civilian personnel (for example, recruiting, 
processing, paying, and records keeping).
    A2.3.5. Preparing, revising, or adopting regulations, 
instructions, directives, or guidance documents that do not, 
themselves, result in an action being taken.
    A2.3.6. Preparing, revising, or adopting regulations, 
instructions, directives, or guidance documents that implement 
(without substantial change) the regulations, instructions, 
directives, or guidance documents from higher headquarters or other 
Federal agencies with superior subject matter jurisdiction.
    A2.3.7. Continuation or resumption of pre-existing actions, 
where there is no substantial change in existing conditions or 
existing land uses and where the actions were originally evaluated 
in accordance with applicable law and regulations, and surrounding 
circumstances have not changed.
    A2.3.8. Performing interior and exterior construction within the 
5-foot line of a building without changing the land use of the 
existing building.
    A2.3.9. Repairing and replacing real property installed 
equipment.
    A2.3.10. Routine facility maintenance and repair that does not 
involve disturbing significant quantities of hazardous materials 
such as asbestos and lead-based paint.
    A2.3.11. Actions similar to other actions which have been 
determined to have an insignificant impact in a similar setting as 
established in an EIS or an EA resulting in a FONSI. The EPF must 
document application of this CATEX on AF Form 813, specifically 
identifying the previous Air Force approved environmental document 
which provides the basis for this determination.
    A2.3.12. Installing, operating, modifying, and routinely 
repairing and replacing utility and communications systems, data 
processing cable, and similar electronic equipment that use existing 
rights of way, easements, distribution systems, or facilities.
    A2.3.13. Installing or modifying airfield operational equipment 
(such as runway visual range equipment, visual glide path systems, 
and remote transmitter or receiver facilities) on airfield property 
and usually accessible only to maintenance personnel.
    A2.3.14. Installing on previously developed land, equipment that 
does not substantially alter land use (i.e., land use of more than 
one acre). This includes outgrants to private lessees for similar 
construction. The EPF must document application of this CATEX on AF 
Form 813.
    A2.3.15. Laying-away or mothballing a production facility or 
adopting a reduced maintenance level at a closing installation when 
(1) agreement on any required historic preservation effort has been 
reached with the state historic preservation officer and the 
Advisory Council on Historic Preservation, and (2) no degradation in 
the environmental restoration program will occur.
    A2.3.16. Acquiring land and ingrants (50 acres or less) for 
activities otherwise subject to CATEX. The EPF must document 
application of this CATEX on AF Form 813.
    A2.3.17. Transferring land, facilities, and personal property 
for which the General Services Administration (GSA) is the action 
agency. Such transfers are excluded only if there is no change in 
land use and GSA complies with its NEPA requirements.
    A2.3.18. Transferring administrative control of real property 
within the Air Force or to another military department or to another 
Federal agency, not including GSA, including returning public domain 
lands to the Department of the Interior.
    A2.3.19. Granting easements, leases, licenses, rights of entry, 
and permits to use Air Force controlled property for activities 
that, if conducted by the Air Force, could be categorically excluded 
in accordance with this attachment. The EPF must document 
application of this CATEX on AF Form 813.
    A2.3.20. Converting in-house services to contract services.
    A2.3.21. Routine personnel decreases and increases, including 
work force conversion to either on-base contractor operation or to 
military operation from contractor operation (excluding base closure 
and realignment actions which are subject to congressional reporting 
under 10 U.S.C. 2687).
    A2.3.22. Routine, temporary movement of personnel, including 
deployments of personnel on a temporary duty (TDY) basis where 
existing facilities are used.
    A2.3.23. Personnel reductions resulting from workload 
adjustments, reduced personnel funding levels, skill imbalances, or 
other similar causes.
    A2.3.24. Study efforts that involve no commitment of resources 
other than personnel and funding allocations.
    A2.3.25. The analysis and assessment of the natural environment 
without altering it (inspections, audits, surveys, investigations). 
This CATEX includes the granting of any permits necessary for such 
surveys, provided that the technology or procedure involved is well 
understood and there are no adverse environmental impacts 
anticipated from it. The EPF must document application of this CATEX 
on AF Form 813.
    A2.3.26. Undertaking specific investigatory activities to 
support remedial action activities for purposes of cleanup of 
Defense Environmental Restoration Program (DERP) and Resource 
Conservation and Recovery Act (RCRA) corrective action sites. These 
activities include soil borings and sampling, installation, and 
operation of test or monitoring wells. This CATEX applies to studies 
that assist in determining final cleanup actions when they are 
conducted in accordance with legal agreements, administrative 
orders, or work plans previously agreed to by EPA or state 
regulators.
    A2.3.27. Normal or routine basic and applied scientific research 
confined to the laboratory and in compliance with all applicable 
safety, environmental, and natural resource conservation laws.
    A2.3.28. Routine transporting of hazardous materials and wastes 
in accordance with applicable Federal, state, interstate, and local 
laws.
    A2.3.29. Emergency handling and transporting of small quantities 
of chemical surety material or suspected chemical surety material, 
whether or not classified as hazardous or toxic waste, from a 
discovery site to a permitted storage, treatment, or disposal 
facility.
    A2.3.30. Immediate responses to the release or discharge of oil 
or hazardous materials in accordance with an approved Spill 
Prevention and Response Plan or Spill Contingency Plan or that are 
otherwise consistent with the requirements of the National 
Contingency Plan.
    A2.3.31. Relocating a small number of aircraft to an 
installation with similar aircraft that does not result in a 
significant increase of total flying hours or the total number of 
aircraft operations, a change in flight tracks, or an increase in 
permanent personnel or logistics support requirements at the 
receiving installation. Repetitive use of this CATEX at an 
installation requires further analysis to determine there are no 
cumulative impacts. The EPF must document application of this CATEX 
on AF Form 813.
    A2.3.32. Temporary (for less than 30 days) increases in air 
operations up to 50 percent of the typical installation aircraft 
operation rate or increases of 50 operations a day, whichever is 
greater. Repetitive use of this CATEX at an installation requires 
further analysis to determine there are no cumulative impacts.
    A2.3.33. Flying activities that comply with the Federal aviation 
regulations, that are dispersed over a wide area and that do not 
frequently (more than once a day) pass near the same ground points. 
This CATEX does not cover regular activity on established routes or 
within special use airspace.
    A2.3.34. Supersonic flying operations over land and above 30,000 
feet MSL, or over water and above 10,000 feet MSL and more than 15 
nautical miles from land.
    A2.3.35. Formal requests to the FAA, or host-nation equivalent 
agency, to establish or modify special use airspace (for example, 
restricted areas, warning areas, military operating areas) and 
military training routes for subsonic operations that have a base 
altitude of 3,000 feet above ground level or higher. The EPF must 
document application of this CATEX on AF Form 813, which must 
accompany the request to the FAA.
    A2.3.36. Adopting airfield approach, departure, and en route 
procedures that are less than 3,000 feet above ground level, and 
that also do not route air traffic over noise-

[[Page 67319]]

sensitive areas, including residential neighborhoods or cultural, 
historical, and outdoor recreational areas. The EPF may 
categorically exclude such air traffic patterns at or greater than 
3,000 feet above ground level regardless of underlying land use.
    A2.3.37. Participating in ``air shows'' and fly-overs by Air 
Force aircraft at non-Air Force public events after obtaining FAA 
coordination and approval.
    A2.3.38. Conducting Air Force ``open houses'' and similar 
events, including air shows, golf tournaments, home shows, and the 
like, where crowds gather at an Air Force installation, so long as 
crowd and traffic control, etc., have not in the past presented 
significant safety or environmental impacts.
Attachment 3 to Part 989--Procedures for Holding Public Hearings on 
Draft Environmental Impact statements (EIS)
    A.3.1. General Information:
    A3.1.1. The Office of the Judge Advocate General, through the 
Air Force Legal Services Agency/Trial Judiciary Division (AFLSA/
JAJT) and its field organization, is responsible for conducting 
public hearings and assuring verbatim transcripts are accomplished.
    A3.1.2. The EPF, with proponent, AFLSA/JAJT, and Public Affairs 
support, establishes the date and location, arranges for hiring the 
court reporter, funds temporary duty costs for the hearing officer, 
makes logistical arrangements (for example, publishing notices, 
arranging for press coverage, obtaining tables and chairs, etc.).
    A3.1.3. The procedures outlined below have proven themselves 
through many prior applications. However, there may be rare 
instances when circumstances warrant conducting public hearings 
under a different format, e.g., public/town meeting, information 
booths, third party moderator, etc. In these cases, forward a 
request with justification to deviate from these procedures to USAF/
ILEVP for SAF/MIQ approval.
    A3.2. Notice of Hearing (40 CFR 1506.6):
    A3.2.1. Public Affairs officers:
    A3.2.1.1. Announce public hearings and assemble a mailing list 
of individuals to be invited.
    A3.2.1.2. Distribute announcements of a hearing to all 
interested individuals and agencies, including the print and 
electronic media.
    A3.2.1.3. Place a newspaper display advertisement announcing the 
time and place of the hearing as well as other pertinent 
particulars.
    A3.2.1.4. Distribute the notice in a timely manner so it will 
reach recipients or be published at least 15 days before the hearing 
date. Distribute notices fewer than 15 days before the hearing date 
when you have substantial justification and if the justification for 
a shortened notice period appears in the notice.
    A3.2.1.5. Develop and distribute news release.
    A3.2.2. If an action has effects of national concern, publish 
notices in the Federal Register and mail notices to national 
organizations that have an interest in the matter.
    A3.2.2.1. Because of the longer lead time required by the 
Federal Register, send out notices for publication in the Federal 
Register to arrive at HQ USAF/CEV no later than 30 days before the 
hearing date.
    A3.2.3. The notice should include:
    A3.2.3.1. Date, time, place, and subject of the hearing.
    A3.2.3.2. A description of the general format of the hearing.
    A3.2.3.3. The name and telephone number of a person to contact 
for more information.
    A3.2.3.4. A suggestion that speakers submit (in writing or by 
return call) their intention to participate, with an indication of 
which environmental impact (or impacts) they wish to address.
    A3.2.3.5. Any limitation on the length of oral statements.
    A3.2.3.6. A suggestion that speakers submit statements of 
considerable length in writing.
    A3.2.3.7. A summary of the proposed action.
    A3.2.3.8. The location where the Draft EIS and any appendices 
are available for examination.
    A.3.3. Availability of the Draft EIS to the Public. The EPF 
makes copies of the Draft EIS available to the public at an Air 
Force installation and other reasonably accessible place in the 
vicinity of the proposed action and public hearing (e.g., public 
library).
    A3.4. Place of the Hearing. The EPF arranges to hold the hearing 
at a time and place and in an area readily accessible to military 
and civilian organizations and individuals interested in the 
proposed action. Generally, the EPF should arrange to hold the 
hearing in an off-base civilian facility, which is more accessible 
to the public.
    A3.5. Hearing Officer:
    A3.5.1. The AFLSA/JAJT selects a military trial judge to preside 
over hearings. The hearing officer does not need to have personal 
knowledge of the project, other than familiarity with the Draft EIS. 
In no event should the hearing officer be a judge advocate from the 
proponent or subordinate command, be assigned to the same 
installation with which the hearing is concerned, or have 
participated personally in the development of the project, or have 
rendered legal advice or assistance with respect to it (or be 
expected to do so in the future). The principal qualification of the 
hearing officer should be the ability to conduct a hearing as an 
impartial participant.
    A3.5.2. The primary duties of the hearing officer are to make 
sure that the hearing is orderly, is recorded, and that interested 
parties have a reasonable opportunity to speak. The presiding 
officer should direct the speakers' attention to the purpose of the 
hearing, which is to consider the environmental impacts of the 
proposed project. Speakers should have a time limit to ensure 
maximum public input to the decision-maker.
    A3.6. Record of the Hearing. The EIS preparation team must make 
sure a verbatim transcribed record of the hearing is prepared, 
including all stated positions, all questions, and all responses. 
The EIS preparation team should append all written submissions that 
parties provide to the hearing officer during the hearing to the 
record as attachments. The EIS preparation team should also append a 
list of persons who spoke at the hearing and submitted written 
comments and a list of the organizations or interests they represent 
with addresses. The EIS preparation team must make sure a verbatim 
transcript of the hearing is provided to the EPF for inclusion as an 
appendix to the Final EIS. The officer should also ensure that all 
persons who request a copy of the transcript get a copy when it is 
completed. Copying charges are determined according to 40 CFR 
1506.6(f).
    A3.7. Hearing Format. Use the format outlined below as a general 
guideline for conducting a hearing. Hearing officers should tailor 
the format to meet the hearing objectives. These objectives provide 
information to the public, record opinions of interested persons on 
environmental impacts of the proposed action, and set out 
alternatives for improving the EIS and for later consideration.
    A3.7.1. Record of Attendees. The hearing officer should make a 
list of all persons who wish to speak at the hearing to help the 
hearing officer in calling on these individuals, to ensure an 
accurate transcript of the hearing, and to enable the officer to 
send a copy of the Final EIS (40 CFR 1502.19) to any person, 
organization, or agency that provided substantive comments at the 
hearing. The hearing officer should assign assistants to the 
entrance of the hearing room to provide cards on which individuals 
can voluntarily write their names, addresses, telephone numbers, 
organizations they represent, and titles; whether they desire to 
make a statement at the hearing; and what environmental area(s) they 
wish to address. The hearing officer can then use the cards to call 
on individuals who desire to make statements. However, the hearing 
officer will not deny entry to the hearing or the right to speak to 
people who decline to submit this information on cards.
    A3.7.2. Introductory Remarks. The hearing officer should first 
introduce himself or herself and the EIS preparation team. Then the 
hearing officer should make a brief statement on the purpose of the 
hearing and give the general ground rules on how it will be 
conducted. This is the proper time to welcome any dignitaries who 
are present. The hearing officer should explain that he or she does 
not make any recommendation or decision on whether the proposed 
project should be continued, modified, or abandoned or how the EIS 
should be prepared.
    A3.7.3. Explanation of the Proposed Action. The Air Force EIS 
preparation team representative should next explain the proposed 
action, the alternatives, the potential environmental consequences, 
and the EIAP.
    A3.7.4. Questions by Attendees. After the EIS team 
representative explains the proposed action, alternatives, and 
consequences, the hearing officer should give attendees a chance to 
ask questions to clarify points they may not have understood. The 
EIS preparation team may have to reply in writing, at a later date, 
to some of the questions. While the Air Force EIS preparation team 
should be as responsive as possible in answering questions about the 
proposal, they should not become involved

[[Page 67320]]

in debate the questioners over the merits of the proposed action. 
Cross-examination of speakers, either those of the Air Force or the 
public, is not the purpose of an informal hearing. If necessary, the 
hearing officer may limit questioning or conduct portions of the 
hearing to ensure proper lines of inquiry. However, the hearing 
officer should include all questions in the hearing record.
    A3.7.5. Statement of Attendees. The hearing officer must give 
the persons attending the hearing a chance to present oral or 
written statements. The hearing officer should be sure the recorder 
has the name and address of each person who submits an oral or 
written statement. The officer should also permit the attendees to 
submit written statements within a reasonable time, usually two 
weeks, following the hearing. The officer should allot a reasonable 
length of time at the hearing for receiving oral statements. The 
officer may waive any announced time limit at his or her discretion. 
The hearing officer may allow those who have not previously 
indicated a desire to speak to identify themselves and be recognized 
only after those who have previously indicated their intentions to 
speak have spoken.
    A3.7.6 Ending or Extending a Hearing. The hearing officer has 
the power to end the hearing if the hearing becomes disorderly, if 
the speakers become repetitive, or for other good cause. In any such 
case, the hearing officer must make a statement for the record on 
the reasons for terminating the hearing. The hearing officer may 
also extend the hearing beyond the originally announced date and 
time. The officer should announce the extension to a later date or 
time during the hearing and prior to the hearing if possible.
    A3.8. Adjourning the Hearing. After all persons have had a 
chance to speak, when the hearing has culled a representative view 
of public opinion, or when the time set for the hearing and any 
reasonable extension of time has ended, the hearing officer adjourns 
the hearing. In certain circumstances (for example, if the hearing 
officer believes it is likely that some participants will introduce 
new and relevant information), the hearing officer may justify 
scheduling an additional, separate hearing session. if the hearing 
officer makes the decision to hold another hearing while presiding 
over the original hearing he or she should announce that another 
public hearing will be scheduled or is under consideration. The 
officer gives notice of a decision to continue these hearings in 
essentially the same way he or she announced the original hearing, 
time permitting. The Public Affairs officer provides the required 
public notices and directs notices to interested parties in 
coordination with the hearing officer. Because of lead time 
constraints, SAF/MIQ may waive Federal Register notice requirements 
or advertisements in local publications. At the conclusion of the 
hearing, the hearing officer should inform the attendees of the 
deadline (usually 2 weeks) to submit additional written remarks in 
the hearing record. The officer should also notify attendees of the 
deadline for the commenting period of the Draft EIS.
Barbara A. Carmichael,
Alternate Air Force Federal Register Liaison Officer.
[FR Doc. 97-33457 Filed 12-23-97; 8:45 am]
BILLING CODE 3910-01-M