Notice2023-00884
Notice of Intent To Prepare an Environmental Impact Statement for Highly Pathogenic Avian Influenza Control in the United States
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Published
January 18, 2023
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are announcing to the public that the Animal and Plant Health Inspection Service (APHIS) intends to prepare an environmental impact statement (EIS) to examine the potential environmental effects of the Agency's response activities to highly pathogenic avian influenza outbreaks in commercial and backyard poultry operations in the United States. APHIS is requesting public comment to further define the scope of the EIS, identify reasonable alternatives and potential issues, as well as relevant information, studies, and/or analyses that APHIS should consider in the EIS.
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<title>Federal Register, Volume 88 Issue 11 (Wednesday, January 18, 2023)</title>
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[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Notices]
[Pages 2877-2879]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00884]
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Notices
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Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 /
Notices
[[Page 2877]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2022-0055]
Notice of Intent To Prepare an Environmental Impact Statement for
Highly Pathogenic Avian Influenza Control in the United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: We are announcing to the public that the Animal and Plant
Health Inspection Service (APHIS) intends to prepare an environmental
impact statement (EIS) to examine the potential environmental effects
of the Agency's response activities to highly pathogenic avian
influenza outbreaks in commercial and backyard poultry operations in
the United States. APHIS is requesting public comment to further define
the scope of the EIS, identify reasonable alternatives and potential
issues, as well as relevant information, studies, and/or analyses that
APHIS should consider in the EIS.
DATES: We will consider all comments that we receive on or before
February 17, 2023.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2022-0055 in the Search field. Select the Documents tab,
then select the Comment button in the list of documents.
<bullet> Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2022-0055, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Comments received, including attachments and other supporting
materials, are part of the public record and subject to public
disclosure. Commenters should not include any information in their
comments or supporting materials that they consider confidential or
inappropriate for public disclosure.
Supporting documents and any comments we receive on this docket may
be viewed at <a href="http://www.regulations.gov">www.regulations.gov</a> or in our reading room, located in
room 1620 of the USDA South Building, 14th Street and Independence
Avenue SW, Washington, DC 20250. Normal reading room hours are 8 a.m.
to 4:30 p.m., Monday through Friday, except holidays. To be sure
someone is there to help you, please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: For questions related to the HPAI
response activities, contact Ms. Chelsea Bare, Chief of Staff,
Veterinary Services, APHIS, USDA, 1400 Independence Avenue SW, Whitten
Building Room 318-E, Washington, DC 20250; (515) 337-6128; email:
<a href="/cdn-cgi/l/email-protection#385b505d544b5d591652165a594a5d784d4b5c59165f574e"><span class="__cf_email__" data-cfemail="dcbfb4b9b0afb9bdf2b6f2bebdaeb99ca9afb8bdf2bbb3aa">[email protected]</span></a>. For questions related to the EIS, contact Ms.
Samantha Bates, Environmental Protection Specialist, Environmental and
Risk Analysis Services, PPD, APHIS, 4700 River Road Unit 149,
Riverdale, MD 20737; (301) 851-3053; email: <a href="/cdn-cgi/l/email-protection#1f4c7e727e716b777e315d7e6b7a6c5f6a6c7b7e31787069"><span class="__cf_email__" data-cfemail="ce9dafa3afa0baa6afe08cafbaabbd8ebbbdaaafe0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose and Need for the Proposed Action
Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the
Secretary of Agriculture is authorized to protect the health of
livestock, poultry, and aquaculture populations in the United States by
preventing the introduction and interstate spread of serious diseases
and pests of livestock, poultry, and aquaculture, and for eradicating
such diseases within the United States when feasible. This authority
has been delegated to the U.S. Department of Agriculture's (USDA's)
Animal and Plant Health Inspection Service (APHIS), Veterinary Services
(VS).
Highly pathogenic avian influenza (HPAI) is an extremely infectious
disease and mostly fatal to poultry.\1\ HPAI can rapidly spread within
and between domestic poultry flocks and wild bird (especially
waterfowl) populations. In February 2004, the first outbreak of HPAI in
the United States in 20 years occurred in Texas. From December 2014
until June 2015, there were more than 200 outbreaks of HPAI, affecting
commercial and backyard flocks in the central and northwestern United
States. Additional outbreaks occurred in Indiana beginning in January
2016, in Tennessee in March 2017, and in South Carolina in April 2020.
In February 2022, HPAI was detected in a commercial turkey flock in
Indiana. Within 9 months, the virus was confirmed in 266 commercial and
360 backyard flocks in 46 States.
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\1\ Domestic poultry that can be affected include chickens;
turkeys; ring-necked pheasants; ducks; geese; common, Japanese, or
bobwhite quail; Indian peafowl; chukar or grey partridge; pigeons;
ostrich; and guinea fowl.
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VS works closely with States and the poultry industry to prevent
HPAI from becoming established in the U.S. poultry population. Keeping
the nation's poultry free from HPAI helps protect the poultry industry,
farmers' livelihoods, the availability of poultry for U.S. consumers,
international trade, the health of wild birds, and the health of people
who are in close, regular contact with birds (note that the risk of
HPAI infections in humans is low).
APHIS is planning to prepare an environmental impact statement
(EIS) to examine the potential environmental effects of its HPAI
outbreak response activities in commercial and backyard poultry
operations in the United States. The EIS findings will be used in VS
planning and decision making, as well as to inform the public about the
potential environmental effects of VS' HPAI outbreak response
activities. When HPAI outbreak response activities are implemented at
specific locations, site-specific environmental documents may be
required. If such documents are needed, APHIS may refer to information
presented in the EIS in order to promptly fulfill its environmental
compliance obligations during an emergency.
We are requesting public comment to help us identify reasonable
alternatives, potential environmental effects, and any other issues
APHIS could examine in the EIS. The EIS will be prepared in accordance
with: (1) the National Environmental Policy Act (NEPA) of 1969, as
amended (42 U.S.C. 4321 et seq.), (2) the Council on Environmental
Quality's NEPA-implementing regulations (40 CFR parts 1500-1508) in
[[Page 2878]]
effect as of the date of this notice, (3) USDA's NEPA-implementing
regulations (7 CFR part 1b), and (4) APHIS' NEPA-Implementing
Procedures (7 CFR part 372).
On February 9, 2016, APHIS published a notice in the Federal
Register (81 FR 6828, Docket No. APHIS-2015-0058) \2\ announcing the
availability of a December 2015 final environmental assessment (EA)
titled ``High Pathogenicity Avian Influenza Control in Commercial
Poultry Operations--A National Approach'' and a finding of no
significant impact (FONSI). APHIS withdrew the EA and FONSI on July 28,
2021 (86 FR 40444-40445, Docket No. APHIS-2015-0058). In that
withdrawal, we indicated that further evaluation of the approach was
warranted in light of then-changing circumstances related to HPAI in
the United States. APHIS published a draft EA in April 2022 to allow VS
to carry out emergency HPAI outbreak response activities as a result of
HPAI outbreaks in seven States at the start of 2022. A final
environmental assessment for an Emergency Response for HPAI Outbreaks
in Seven States and FONSI were published in September 2022.\3\ As the
current HPAI outbreak continues, VS is drafting a supplemental NEPA
document to cover response activities in the other impacted States.
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\2\ To view the notice and supporting documents as well as
subsequent related notices and their supporting documents, go to
<a href="http://www.regulations.gov">www.regulations.gov</a> and enter APHIS-2015-0058 in the Search field.
\3\ To view the draft EA, final EA, comments, and the FONSI, go
to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter APHIS-2022-0031 in the Search
field.
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Proposed Action and Alternatives the EIS Will Consider
We have identified the following alternatives for further
examination in the EIS:
No action alternative. Under the no action alternative, VS would
conduct nationwide surveillance of commercial and backyard flocks to
monitor for HPAI, determine whether outbreaks have occurred, monitor
sites where HPAI has been detected and eradicated, and provide
technical guidance upon request by an impacted State. VS would also
provide indemnity (monetary payment made to a livestock owner for
animal and animal products taken or destroyed to control or eradicate a
disease) and financial compensation for costs incurred from disposal,
cleanup, and disinfection under this alternative, as applicable.
However, States, local authorities, and private partners, not VS, would
be responsible for conducting and managing HPAI outbreak response
activities, such as depopulating infected poultry flocks and carcass
management.\4\
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\4\ Carcass management encompasses the transportation and
disposal of carcasses, body parts, and eggs, and the cleanup and
disinfection of equipment and premises after the carcasses are
removed from the site. Associated materials such as unconsumed feed,
bedding, manure, and other potentially contaminated debris/materials
may be included.
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Standard procedures alternative. Under the standard procedures
alternative, VS would conduct all activities as outlined under the no
action alternative (surveillance, monitoring, guidance, and indemnity
and compensation). In addition, upon request from a State, APHIS VS'
assistance could include conducting and managing the following:
Depopulation of infected poultry flocks (e.g., using water-based foam,
carbon dioxide (CO<INF>2</INF>) and other approved gasses, ventilation
shutdown plus (VSD+) heat or CO<INF>2</INF>, cervical dislocation,
decapitation, captive bolt, injectable euthanasia agents, and gunshot);
carcass management, including transportation, disposal (e.g.,
composting, burial, landfill disposal compliant with the Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), rendering,
incineration, open-air burning, alkaline hydrolysis, and/or anaerobic
digestion); and cleaning and disinfection of equipment and infected
premises. HPAI outbreak response methods would be used either singly or
in combination.
Adaptive management alternative. Under the adaptive management
alternative, the proposed action, VS could use all available HPAI
outbreak response methods from the standard procedures alternative,
plus any new HPAI outbreak response methods or other existing methods
not previously listed that become more useful due to changes in
technology or in outbreak scenarios, as long as the technology is
analyzed prior to use within a separate risk assessment and considered
and discussed within a site-specific environmental assessment. If the
risk assessment indicates that the risks to human health and the
environment from the proposed outbreak response method are equal to, or
less than, the risks associated with the outbreak response methods in
the no action or standard procedures alternatives, the proposed
nonstandard HPAI outbreak response method may be used. HPAI outbreak
response methods could be used either singly or in combination.
VS recognizes that the use of a nonstandard HPAI outbreak response
method would be rare, if at all. However, it is impossible to consider
all nonstandard technologies that currently exist or will exist in the
future. The technologies for these nonstandard outbreak response
methods have several logistical issues to overcome before VS could
consider their use. For example, some nonstandard HPAI outbreak
response methods may not be applied in the management of large numbers
of animals or carcasses, either because the technologies have low
capacity or low availability. However, should there be a change in the
efficiency, number, or geographic range of nonstandard technologies, it
is imperative that decisionmakers have the ability to quickly identify
these options, analyze resulting risks, and implement the chosen course
of action for their use, as applicable.
Summary of Potential Impacts
We have identified the following potential environmental impacts
for examination in the EIS. We are requesting that the public comment
on these potential impacts during the scoping period. They are impacts
on: Soil, air, and water quality; humans (including effects on health
and safety; agricultural lands; industries and the economy; public
perception; cultural and historic resources; equity and environmental
justice; children's health; and Tribes); and wildlife and plant
populations, especially birds of conservation concern, eagles, and
threatened and endangered species. Additionally, we request comment on
the potential impacts of climate change on HPAI outbreak response
activities, as well as possible impacts of the HPAI outbreak response
activities on climate change.
Comments that identify other alternatives or issues that could be
considered for examination in the EIS would be especially helpful. All
comments received during the scoping period will be carefully
considered in developing the final scope of the EIS.
Anticipated Permits and Authorizations
Various Federal, State, and local authorizations, permits, and
consultations may be required for the proposed alternative. Anticipated
permits, authorizations, and consultations may include, but are not
limited to, the following: USDA permits/authorization for movement of
materials into or out of control areas, including USDA permits for
transportation of HPAI-infected poultry carcasses or products off-site;
State permits for various depopulation, disposal, and clean-up options;
Tribal consultations; Endangered Species Act section 7 consultation;
and, if necessary,
[[Page 2879]]
consultation under the National Historic Preservation Act.
Schedule for the Decision-Making Process
APHIS will consider comments submitted in response to this notice
of intent (NOI) when analyzing the potential impacts of the proposed
alternatives for development of the draft EIS. Following completion of
the draft EIS, APHIS will publish a notice of availability and request
for public comments. APHIS expects to make the draft EIS available for
public review and comment by November 2023. After the 45-day public
review and comment period, APHIS will revise the draft EIS, as
appropriate, and complete the final EIS. APHIS anticipates that the
final EIS will be made available to the public by October 30, 2024. A
record of decision will be issued no sooner than 30 days after the
final EIS is released in accordance with 40 CFR 1506.11, but no later
than December 1, 2024.
Public Scoping Process
This NOI initiates the public scoping process and will help guide
the analysis. APHIS seeks public comment on this NOI to help identify
potential alternatives or other issues that could be considered and any
relevant information, studies or analyses that APHIS should consider in
evaluating the potential impacts of the proposed alternatives on the
quality of the human environment. To promote informed NEPA analysis and
decision making, comments should be as specific as possible and explain
why the issues raised are important for consideration in the EIS.
Comments should include, where possible, references and data
sources supporting the information provided in the comment. We
encourage the submission of scientific data, studies, or research to
support your comments and an explanation of why the scientific data,
study, or research is relevant and important.
Authority:
7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Done in Washington, DC, this 11th day of January 2023.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-00884 Filed 1-17-23; 8:45 am]
BILLING CODE 3410-34-P
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