Re: Early Public Participation Under NEPA?

[Jeff Philliber <Philliber.Jeff@epamail.epa.gov>]

Dear Ms. Olah:

 EPA Region 9 has received an E-Mail communication from you, via the Careerpro 
internet bulletin board with a question regarding public participation through 
the NEPA process. In your communication, you state that US EPA Region 5 and 
the US Army have discussed matters relating to possible actions at Wisconcin's 
Badger Army Ammunition Plant. In response to your request for public 
participation, I understand that you were told by EPA that a formal public 
comment period would follow publication of any Draft Environmental Impact 
Statement (EIS) prepared relating to the Badger Ammunition Plant. Your 
subsequent E-Mail question is, as I understand it, whether any other 
opportunities for public input into the EIS process exist under NEPA.

 EPA Region 5 is correct in its assertion that a formal public comment period 
would be provided following a Draft EIS, should one be prepared. This 
opportunity for public review and comment is mandated under NEPA regulations, 
and is an excellent opportunity for the public to be heard (and responded to) 
regarding both the environmental merits of the proposed action and the adequacy 
of the Draft EIS.

 In addition to the Draft EIS comment period, the public would also be invited 
to comment on a Notice of Intent (NOI) to prepare an EIS. The NOI should be 
sent to interested parties after the lead agency (US Army) proposes an action 
and decides to prepare an EIS for it, but before the action is firmly designed 
and prior to preparation of the EIS. This gives the public the opportunity to: 
1) have input on the design or components of the proposed action or, at least, 
of action alternatives to be analyzed; and, 2) express its environmental 
concerns to the Army so that they can be disclosed and addressed in the Draft 
EIS. Following the publication of a Final EIS, an additional public review and 
comment period would be made available. I've included some citations from the 
NEPA Guidelines and from the Council on Environmental Quality's (CEQ) "40 
Questions" document for your information, below.

 It is appropriate that US EPA and the Army privately discuss some matters that 
concern those two agencies prior to the initiation of the NEPA process. What 
is important for your organization and community is that you let the Army know 
that you are interested in any possible actions at the Badger site, that you 
would like for there to be public scoping meeting(s) should any NEPA-triggering 
actions be proposed, and that you would like to be included on the mailing list 
for the NOI, Draft and Final EIS' and any other documents or information 
concerning the proposed action should the NEPA process be initiated. If you 
have any further questions, you should probably direct them to the Office of 
Strategic Environmental Analysis in Region 5 (EPA, 77 West Jackson Blvd., 
Chicago, Illinois 60604)--there you will find the region's NEPA experts as 
well as someone who may be familiar with the Badger Army Ammunition Plant. You 
may also feel free to write me back at the return E-Mail address.

NEPA Guidelines (40 CFR Parts 1500-1508):

Part 1501.7: Scoping.

There shall be an early and open process for determining the scope of issues to 
be addressed and for identifying the significant issues related to a proposed 
action. This process shall be termed scoping. As soon as practicable after 
its decision to prepare an EIS and before the the scoping process the lead 
agency shall publish a notice of intent (Part 1508.22) in the Federal 
Register....
 (a) As part of the scoping process the lead agency shall: (1) Invite the 
participation of affected Federal, State, and local agencies, any affected 
Indian tribe, the proponent of the action, and other interested persons 
(including those who might not be in accord with the action on environmental 
grounds)....
 (b) As part of the scoping process the lead agency may:...(4) Hold an early 
scoping meeting or meetings which may be integrated with any other early 
planning meeting the agency has....

Part 1506.6: Public Involvement. 

Agencies shall:
 (a) Make diligent efforts to involve the public in preparing and implementing 
their NEPA procedures.
 (b) Provide public notice of NEPA-related hearings, public meetings, and the 
availability of environemntal documents so as to inform those persons and 
agencies who may be interested or affected. (1) In all cases the agency shall 
mail notice to those who have requested it on an individual action....(3) In 
the case of an action with effects primarily of local concern the notice may 
include:...(iv) Publication in local newspapers...(v) Notice through other 
local media....(vi) Notice to potentially interested community organizations 
including small business associations....(viii) Direct mailing to owners and 
occupants of nearby or affected property....(ix) Postings of notice on and off 
site in the area where the action is to be located.
 (c) Hold or sponsor public hearings or public meetings whenever appropriate or 
in accordance with statutory requirements applicable to the agency. Criteria 
shall include whether there is: (1) substantial environmental controversy 
concerning the proposed action or substantial interest in holding the 
hearing....
 (d) Solicit appropriate information from the public.
 (e) Explain in its procedures where interested persons can get information or 
status reports on EIS' and other elements of the NEPA process.

Part 1508.22: Notice of Intent

"Notice of Intent" means a notice that an EIS will be prepared and considered. 
The notice shall briefly:
 (a) Describe the proposed action and possible alternatives.
 (b) Describe the agency's proposed scoping process including whether, when, 
and where any scoping meetings will be held.
 (c) State the name and address of a person within the agency who can answer 
questions about the proposed action and the EIS.

CEQ, NEPA's Forty Most Asked Questions:

13A. ....The regulations state that the scoping process is to be preceded by a 
Notice of Intent (NOI) to prepare an EIS. But that is only the minimum 
requriement. Scoping may be initiated earlier, as long as there is appropriate 
public notice and enough information available on the proposal so that the 
public and relevant agencies can participate effectively....