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..1"'.....1..... I~~ Ui. c.t" j\, \-omment::; section. below.) The lead agency for the SST project. the Department of Transportation (DOT), chose not to disclose EPA' s comments on the NEP A-required environmental imoact statement (EIS) before having: issued'its final decision. construing NEP A to contain no explicIt public disclosure ~equirements. Although later CEQ reg:ulations under the A~: would clarify this ambiguity. the Cong:ress had a vehicle at hand in which to make its point: the draft Clean Air Act. Senator Edmund Muskie. sponsor of Section 309, said to the Senate \vhen submitting the conference reporT. that as soon as EP A has completed its review of a proposed action. it must make its written comments public. and "not when the environmental impact agency decides the public should be informed." (116 Congo Rec. 5-20602. Dec. 18,1970) h rrp:/lcs.epa.goVloeca. o;'a crocnure.i HIGHLlGHT 8: When NEPA Was New: 1970-1971 '1sues o Tra.'1$-;:'.laska oil ppeJir..::'ld the North Slc;:e-V aldez route o SUfler~c-:-.:c tr3.'1sport aircraft o Cros$-r:o:ida Barge C ar.al o Clearcu:~'1g "areas of sce:uc beauty' I:"; r.at.1anal forests o T en.'1e~~e~ T ombigbee Waterway o Dredgmg a..'1d filli..;g 1..'1 wed ar.ci~ o Calvert C \iff's (MD) nucle at' power pIa.'lL To correct another ambiguity of NEP A. Section 309 places the requirement to review EISs upon EPA because NEP A "does not assure that Federal environmental agencies will effectively participate in the decision-making process. It is essential that mission-oriented Federal agencies have access to environmental expertise in order to give adequate consideration to environmental factors." (Sen. Rept. No. 91-1196. 91st Con\!., 2d Sess. 43. 1970) Consequently. EPA has reviewed most of the approximately 25,000 &aft and final EISs produced since the passage of NEP A. Section 309 confers upon EP A broad review responsibilities for proposed federal actions. (See Highlight C.) The EPA Administrator has delegated responsibility of national program manager to the Office of Federal Activities (OF A), and to the ten EP A Regional Administrators for review of regional specific actions. OF A has developed a set of criteria for rating draft EISs. The rating system provides a basis upon which EP A makes recommendations to the lead agency for improving the draft. If improvements are not made in the final EIS. EP A may refer the final EIS to CEQ. (See sections on The National Environmental Policy Act and Referrals. below.) . . A-39 of7 HIGHUGHT C: Materials Which EPA Reviews Under Section 3CS Authority o Proposed legislation o Proposed regulation o Environmental assessmem (LA.) o EnvironmentaJ. impact statement (EI S), draft erA final o Arrj proposal that the lead agency m ainiains doe s not re quire ~ EIS but that EP A believes constitutes a major federaJ. action si~. canUy aifecti1"l.g the environment so as to require 8.."1 EIS. ':::0'"'' ,... 1 , ?'"\~.