Distribution and Electronic Filing of BLM Environmental Impact Statements (EISs) with the Environmental Protection Agency and Adopting Other Agency EISs
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240-0036
http://www.blm.gov
October 2, 2015
In Reply Refer To:
1610, 1790 (210) P
EMS TRANSMISSION 10/07/2015
Instruction Memorandum No. 2016-001
Expires: 09/30/2019
To: All Washington Office and Field Office Officials
From: Deputy Director, Operations
Subject: Distribution and Electronic Filing of BLM Environmental Impact Statements (EISs) with the Environmental Protection Agency and Adopting Other Agency EISs
Program Areas: National Environmental Policy Act, Land Use Planning, Communications
Purpose: This Instruction Memorandum (IM) summarizes the Environmental Protection Agency’s (EPA) electronic filing requirements for Environmental Impact Statements (EISs) and offers guidelines for successful electronic filing, including instances where BLM adopts another agency’s EIS. This IM also directs the Bureau of Land Management’s (BLM) state, district, field, and other offices to carefully coordinate electronic filing and distribution of EISs with public announcements of their availability.
Policy/Action: The Environmental Protection Agency (EPA) amended guidance for filing Federal Register notices with EPA effective after October 1, 2012. It requires federal agencies to file EISs in the EPA’s e-NEPA electronic filing system (e-NEPA). All BLM offices filing draft or final EISs with the EPA should: (1) file EISs electronically in e-NEPA instead of delivering paper copies to EPA Headquarters; (2) follow the guidance in this IM to distribute EISs to EPA Regional Offices, other agencies, and the public; and (3) coordinate the electronic filing and distribution of EISs in advance with Public Affairs and other Communications staff at the State Office, BLM Washington Office (BLM-WO), and Department of the Interior (DOI) levels as appropriate to facilitate public announcements of the documents’ availability and of associated events.
Timeframe: This IM is effective immediately.
Budget Impact: The budget impact of this IM is expected to be minimal. Over time, electronic filing of EISs in e-NEPA could save the BLM printing, mailing and delivery costs. Electronic filing is consistent with Instruction Memorandum No. 2013-144, “Transitioning from Printing Hard Copies of National Environmental Policy Act and Planning Documents to Providing Documents in Electronic Formats” (June 21, 2013), and the use of ePlanning.
Background: CEQ regulations (40 CFR § 1506.9) require that EISs be filed with the EPA, which is responsible for the administrative aspects of the EIS filing process and which may issue EIS filing guidance for agencies. This responsibility is separate from EPA’s substantive review of federal agencies’ NEPA documents under Section 309 of the Clean Air Act. The EPA Office of Federal Activities at Headquarters is the designated office that officially receives EISs. EPA’s “Amended Environmental Impact Statement Filing System Guidance for Implementing 40 CFR 1506.9 and 1506.10 of the Council on Environmental Quality’s Regulations Implementing the National Environmental Policy Act,” 77 Fed. Reg. 51530 (Aug. 24, 2012), requires that all EISs be filed through the e-NEPA electronic filing system beginning on October 1, 2012. The amended guidance replaced March 1989 guidance which provided for the filing of paper copies of EISs with EPA Headquarters.
This approach further reinforces the BLM’s policy of maximizing the use of electronic media as the primary means of distributing NEPA and land use planning documents to the public, as stated in Instruction Memorandum No. 2013-144: “Transitioning from Printing Hard Copies of National Environmental Policy Act and Planning Documents to Providing Documents in Electronic Formats” (June 21, 2013). It also is consistent with the BLM’s implementation of the ePlanning application to prepare land use planning and NEPA documents.
Manual/Handbook Sections Affected: BLM NEPA Handbook (H-1790-1) Chapter 5 (5.4), Chapter 9 (9.3.1 and 9.6), and Chapter 13 (13.3). LUP Handbook (H-1610-1) Section III.A, pp. 23-24.
Coordination: This IM was coordinated with BLM Washington Office Directorates, BLM State Offices, and the Office of the Solicitor.
Contacts: Please contact Kerry E. Rodgers, Senior NEPA Specialist, at 202-912-7158 or kerodgers@blm.gov; Andrew Strasfogel, Senior Planning Specialist, as 202-912-7281 or astrasfo@blm.gov; or Brian C. Amme, Branch Chief, Planning and NEPA (WO-210), at 202-912-7289 or bamme@blm.gov, with any questions concerning this IM. For direct questions to EPA, please either email or call Dawn Roberts, the EPA’s filing point of contact, at roberts.dawn@epa.gov or (202- 564-7146).
Signed by: Authenticated by:
Steven A. Ellis Robert M. Williams
Deputy Director, Operations Division of IRM Governance,WO-860
4 Attachments
1 – Distribution and Electronic Filing of EISs with EPA
2 – Central Data Exchange (CDX) Registration User Guide
3 – e-NEPA Electronic Submittal of Environmental Impact Statements to EP