ATTACHMENT 2 Response from Richard Sanderson, Director of Office of Federal Activities, EPA, to Donald Weightman, re: ACHRE Request No. 032195, dated March 22, 1995 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE To: Donald Weightman, Advisory Committee on Human Radiation Experiments; FAX: 202-254-9827 From: Richard E. Sanderson, Director Office of Federal Activities, EPA Date: March 22, 1995 Re: NEPA Oversight of Classified Programs ACHRE REQUEST NO. 032195-D The following answers are provided pursuant to your request for information dated 3/21/95: 1. Under the National Environment Policy Act, EPA does review in full (including any classified portions) every Environmental Impact Statement (EIS) that is classified in whole or in part which is submitted to the Agency for review. It is possible, however, that a federal agency may not submit all or parts of an EIS to EPA for review. 2. EPA does not have facilities to keep classified NEPA documents, including Environmental Impact Statements. EPA does not maintain files of classified NEPA documents. 3. The Office of Federal Activities, which is the office within EPA charged with the responsibility of reviewing NEPA documents filed by other federal agencies, has no people with suitable clearances to review NEPA documents for "black" (Special Access Required or SAR) defense programs. No one on our current staff recalls being requested to review such a document. 4. EPA does not maintain records of its NEPA reviews of classified programs; for this reason we do not know how many classified EISs EPA has reviewed in the past five years. Please advise if you have questions concerning any of the above responses or if you need additional information.