[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR989.19]

[Page 250-252]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 989_ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)--Table of Contents
 
Sec. 989.19  Draft EIS.

    (a) Preliminary draft. The EPF supports the proponent in preparation 
of a preliminary draft EIS (PDEIS) (40 CFR

[[Page 251]]

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/ILEB 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 appropriate Air Force organization in making any necessary 
revisions to the PDEIS and forwards it to HQ USAF/ILEB 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/ILEB notifies the 
EPF to print sufficient copies of the draft EIS for distribution to 
congressional delegations and interested agencies at least 7 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/ILEB 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 Appendix C to this part. 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 scripts to HQ USAF/ILEB (or ANGRC/CEV) 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 Appendix C to this part to HQ USAF/ILEB for SAF/MIQ approval.
    (3) Where analyses indicate that a proposed action will potentially 
have disproportionately high and adverse human health or environmental 
effects on minority populations 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

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public comments. Such periods when additional public comments are sought 
shall last for at least 30 days.

[64 FR 38129, July 15, 1999; 66 FR 16868, Mar. 28, 2001]