[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: 32CFR989.3] [Page 241-244] TITLE 32-NATIONAL DEFENSE CHAPTER VII--DEPARTMENT OF THE AIR FORCE PART 989_ENVIRONMENTAL IMPACT ANALYSIS PROCESS (EIAP)--Table of Contents 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 paragraph (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 (AFI) 35-101, Public Affairs Policies and Procedures \3\ prior to public release. --------------------------------------------------------------------------- \3\ See footnote 1 to Sec. 989.1. --------------------------------------------------------------------------- (ii) Assists the environmental planning function and the Air Force Legal Services Agency, Trial Judiciary 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 AFI 35-101. \4\ --------------------------------------------------------------------------- \4\ See footnote 1 to Sec. 989.1. --------------------------------------------------------------------------- (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 U.S. 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. [[Page 242]] 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/ILEB 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 Regulation 5000.2-R. 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., Notices of Intent (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/CEV 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. (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, single manager, or activity at any level that initiates Air Force actions is responsible for: (1) Complying with 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 completing Section I of AF Form 813, Request for Environmental Impact Analysis. 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 environmental documents are available to the [[Page 243]] 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 NOI to prepare an EIS. All NOIs must be forwarded through the MAJCOM EPF to HQ USAF/ILEB for review and publication in the Federal Register. Publication in the Federal Register is accomplished in accordance with AFI 37-120, Federal Register. \5\ (See Sec. 989.17.) --------------------------------------------------------------------------- \5\ See footnote 1 to Sec. 989.1. --------------------------------------------------------------------------- (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 CEV 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 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 or 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 Sections II and III of AF Form 813, 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 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. \6\ --------------------------------------------------------------------------- \6\ See footnote 1 to Sec. 989.1. --------------------------------------------------------------------------- (10) Submits one hard copy and one electronic copy of the final EA/ Finding of No Significant Impact (FONSI) and [[Page 244]] 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 Committees. \7\ --------------------------------------------------------------------------- \7\ See footnote 1 to Sec. 989.1. --------------------------------------------------------------------------- (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 EISs 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 35-101. \8\ --------------------------------------------------------------------------- \8\ See footnote 1 to Sec. 989.1. --------------------------------------------------------------------------- (i) Medical Service. The Medical Service, represented by the Bioenvironmental Engineer, provides technical assistance to EPFs 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. [64 FR 38129, July 15, 1999; 66 FR 16868, Mar. 28, 2001]