CEQ Council on Environmental Quality. CFR Code of Federal Regulations ... NEPA National Environmental Policy Act. OMB Office of Management and Budget ... – PowerPoint PPT presentation
All Federal agencies must consider the environmental consequences of their proposed actions significantly affecting the quality of the human environment before taking those actions ( 102(C))
5 Environmental Impact Statement
Human Environment
Natural and physical environment
Relationship of people to the environment
(40 CFR 1508.14)
6 National Environmental Policy Act
Proposed Actions can include
Programs and/or plans
Permits
Leases and/or sales
Grants and/or agreements
Projects
7 National Environmental Policy Act
NEPA is the principal mechanism for scientific information to be applied in the Federal decisionmaking process.
8 National Environmental Policy Act
NEPA did not
Eliminate any Federal programs
Instruct Federal managers about what decisions to make
9 National Environmental Policy Act
1978 - Final rules for environmental impact assessment published by Council on Environmental Quality (40 CFR 1500)
Every Federal agency has complimentary rules for the process
NOAA - Administrative Order 216-6
10 National Environmental Policy Act
Assessment process occurs in
Legal
Political
Public relations
Environment
Practitioners job is to inform the decisionmaking process
11 NEPA Documents
Environmental Assessment
Categorical Exclusion
Environmental Impact Statement
12 EA vs EIS 13 Environmental Assessment
CEQ concise public document (40CFR 1508.9(a))
Three purposes
1. Determine if an EIS is necessary
2. Aid NEPA compliance when no EIS is necessary
3. Facilitate preparation of EIS
14 Environmental Assessment
EA must include discussion of (40 CFR 1508.9(b))
1. Need for proposal
2. Environmental impacts of proposed action and alternatives
3. Agencies and persons consulted
15 Environmental Assessment
EA Significant environmental impacts?
Yes and cannot be mitigated Prepare EIS
Yes but can be mitigated Prepare FONSI
No Prepare FONSI
16 Environmental Impact Statement
NEPA A detailed written statement
Systematic (102(A))
Interdisciplinary (102(A))
Consultation (102(C))
Public participation (102(C))
17 Steps in the EIS Process
Notice of Intent to Prepare (40 CFR 1508.22)
Scoping (40 CFR 1501.7)
Preparation of Draft
Notice of Availability (40 CFR 1503.1(a))
Public comment
Preparation of Final
Notice of Availability (40 CFR 1503.1(b))
Public comment
Record of Decision (40 CFR 1505.2)
18 (No Transcript) 19 (No Transcript) 20 Environmental Impact Statement
Cover Sheet
Summary
Table of Contents
Purpose and Need
Alternatives
Affected Environment
Environmental Consequences
List of Preparers
Parties to whom EIS was sent
Index
Appendices (if any)
21 Environmental Impact Statement
Summary (40 CFR 1502.12)
Major conclusions
Areas of controversy
Unresolved issues
May be most read section of EIS
22 Environmental Impact Statement
Alternatives (40 CFR1502.14)
CEQ Heart of the EIS
Comparative analysis of feasible alternatives
Must include No-Action
Preferred alternative
Mitigation
23 Environmental Impact Statement
Mitigation (40 CFR 1508.20)
Means to reduce or eliminate environmental impacts not already included in proposed action or alternatives
Avoidance
Compensation
Repair or Restoration
Minimization
24 Environmental Impact Statement
Affected Environment (40 CFR 1502.15)
Current environment of areas to be affected by proposed action or alternatives
Physical environment
Biological environment
Socioeconomic environment
25 Environmental Impact Statement
Environmental Consequences
(40 CFR 1502.16)
Provides scientific basis for comparison of alternatives
Direct effects
Indirect effects
Cumulative Impacts
26 Environmental Impacts
Adverse
Beneficial
Short-term
Long-term
27 Environmental Impacts
Determining Significance (40 CFR 1508.27)
Context how expansive?
Intensity how pronounced?
28 Environmental Impacts
Significance Other Factors
Public health and safety
Historic or cultural resources
Prime farmlands
Special habitats
Parks and reserves
Subsistence areas
29 Environmental Impacts
Significance Other Factors (Continued)
Unique communities (natural and human)
Likelihood of substantial controversy
Uncertainty
Establishing precedent
Endangered and threatened species
Potential to violate environmental protection laws
30 Environmental Impacts
Managing Uncertainty
Science is uncertain
Worst-case Analysis
Information essential to reasoned choice among alternatives
Too costly to obtain or
Method unknown
31 Environmental Impacts
Information is incomplete or unavailable
Relevance of information
Existing credible evidence
Reasonably foreseeable impacts based on approaches or methods generally accepted by scientific community
32 Environmental Impact Statement
List of Preparers (40 CFR 1502.17)
Names and qualifications
Persons primarily responsible for the EIS and any background papers
33 Environmental Impact Statement
Information Sources
Not required by CEQ as part of EIS
make explicit reference by footnote to the scientific and other sources relied upon for conclusions in the statement.(40 CFR 1502.24)
34 National Environmental Policy Act
Quality (40 CFR1502.24)
Agencies must
Ensure professional (and scientific) integrity
Identify methods used
Explicitly reference information sources
35 Environmental Impact Statement
CEQ Requirements
Quality
Completeness
Brevity
Style
36 Information Quality Act
Section 515 (P.L. 106-554)
Requires Federal Agencies to
Maximize quality, objectivity, utility, and integrity
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