Commenting Responsibilities of EPA

15. Are NEPA's responsibilities to review and comment on the environmental effects of agency proposals under Section 309 of the Clean Air Act independent of its responsibility as a cooperating agency ?


Yes. EPA has an obligation under Section 309 of the Clean Air Act to review and comment in writing on the environmental impact of any matter relating to the authority of the Administrator contained in proposed legislation, federal construction projects, other federal actions requiring EISs, and new regulations,
42 U.S.C. Sec. 7609. This obligation is independent of its role as a cooperating agency under the NEPA regulations.


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