All industry members and others concerned:
PURPOSE. The purpose of this Industry Circular is to advise proprietors of the responsibilities of the Bureau with respect to the
National Environmental Policy Act of 1969, the Federal Water Pollution Control Act, and the National Historic Preservation Act, and
of the possible effects of these requirements upon their activities.
National Historic Preservation Act and Executive Order 11593
Federally licensed undertakings which may have an effect on
properties included in or eligible for inclusion in the National
Register of Historic Places must be submitted to the Advisory
Council on Historic Preservation for review and comment prior to
the approval of any such undertaking by the Federal agency. It
is realized that formal action by the Bureau on activities involving construction applicable to licenses and permits under ATF
jurisdiction normally takes place after such construction has
been completed. Since the language of this Act stresses consideration at the earliest stage of planning, proprietors are advised
to discuss planned expansion or other construction with their respective Regional Directors in order to avoid any unnecessary
subsequent difficulties. Details of the procedures to be followed
by agencies in complying with this Act have been set forth in Volume 39, No. 18 of the Federal Register.
National Environmental Policy Act
(NEPA)(42 U.S.C. 4321-4347)
This Act applies to all Federal departments and agencies and
requires a detailed statement of the environmental impact for every
major Federal action which the agency concludes could significantly
affect the environment. Activities involving Federal licenses or
other entitlements for use, such as those administered by the Bureau,
have been determined to be in that category of Federal actions that
may require preparation of environmental impact statements. The
procedures for furnishing environmental information for which applications, notices, bonds and formulas are filed with the Bureau are
set forth in Revenue Procedure 72-20.
Federal Water Pollution Control Act Amendments of 1972
(FWPCA)(33 U.S.C. 1251-1376)
The Act requires any applicant for a Federal license or permit
to conduct an activity which may result in any discharge into the
navigable waters of the United States to provide the licensing
agency a certification (or waiver) from the State in which the discharge originates that such discharge will comply with the provisions of the Act. The procedures for obtaining information relating to water quality consideration as a part of applications for
licenses or permits issued by the Bureau are set forth in Revenue
RECOMMENDED ACTION. In order to fulfill its responsibilities under
NEPA, FWPCA, and the National Historical Preservation Act, the
Bureau must review information concerning environmental effects,
water quality considerations, and historical and cultural consequences of proposed operations under its jurisdiction. Proprietors
and other applicants should familiarize themselves with their
responsibilities with respect to the environmental impact of their
proposed activities and file the environmental information as required by Revenue Procedures 71-22 and 72-20 as soon as possible.
Timely filing of this information will enable the Bureau to act as
expeditiously as possible. However, proprietors should anticipate
the possibility of delays in final actions on applications, notices,
registrations and other activities which may involve potential
environmental impact. In cases where it is found that the proposed
activity would have an extremely adverse effect on the environment,
final action may result in disapproval of the application.
In the event that activities are contemplated which may
possibly have environmental effects, proprietors should feel free
to discuss their requirements as they may be affected by any
environmental laws and regulations with the Regional Directors in
their respective regions.
INQUIRIES. Inquiries regarding this circular should refer to its
number and be addressed to the
Bureau of Alcohol, Tobacco
Washington, D. C. 20226.
Rex D. Davis