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    Environmental Impact Assessment: NEPA: The National Environmental Policy Act

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    This document provides an overview of the National Environmental Policy Act (NEPA) and the environmental impact assessment (EIA) process required for major federal actions. It discusses how NEPA established the EIA process to evaluate environmental effects of proposed projects and ensure consideration of alternatives. It also outlines the key components of an EIA, including describing the proposed action, analyzing impacts, considering alternatives and mitigation measures, and obtaining public input. Finally, it notes how EIAs are used to meet requirements of other environmental laws and regulations.

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    Environmental Impact Assessment: NEPA: The National Environmental Policy Act

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    This document provides an overview of the National Environmental Policy Act (NEPA) and the environmental impact assessment (EIA) process required for major federal actions. It discusses how NEPA established the EIA process to evaluate environmental effects of proposed projects and ensure consideration of alternatives. It also outlines the key components of an EIA, including describing the proposed action, analyzing impacts, considering alternatives and mitigation measures, and obtaining public input. Finally, it notes how EIAs are used to meet requirements of other environmental laws and regulations.

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    This document provides an overview of the National Environmental Policy Act (NEPA) and the environmental impact assessment (EIA) process required for major federal actions. It discusses how NEPA established the EIA process to evaluate environmental effects of proposed projects and ensure consideration of alternatives. It also outlines the key components of an EIA, including describing the proposed action, analyzing impacts, considering alternatives and mitigation measures, and obtaining public input. Finally, it notes how EIAs are used to meet requirements of other environmental laws and regulations.

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    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    23 views10 pages

    Environmental Impact Assessment: NEPA: The National Environmental Policy Act

    Uploaded by

    sruisrui
    This document provides an overview of the National Environmental Policy Act (NEPA) and the environmental impact assessment (EIA) process required for major federal actions. It discusses how NEPA established the EIA process to evaluate environmental effects of proposed projects and ensure consideration of alternatives. It also outlines the key components of an EIA, including describing the proposed action, analyzing impacts, considering alternatives and mitigation measures, and obtaining public input. Finally, it notes how EIAs are used to meet requirements of other environmental laws and regulations.

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    of 10

    Environmental Impact

    Assessment

    E. Beimborn, University of Wisconsin-Milwaukee

    NEPA: the National


    Environmental Policy Act
    † Enacted in 1969
    † Provides a general statement of federal policy towards
    the environment:
    † Sec. 101: … "It is the continuing policy of the Federal
    Government . . . to use all practicable means and
    measures, including financial and technical assistance, in
    a manner calculated to foster and promote the general
    welfare, to create and maintain conditions under
    which man and nature can exist in productive
    harmony, and fulfill the social, economic, and other
    requirements of present and future generations of
    Americans."

    1
    Sec 102 – “Forcing Mechanism”
    † Sec. 102 (C) -- added on as a "forcing mechanism" to
    see that the policy in Sec. 101 was carried out.
    † Required that federal agencies: “include in every …
    major Federal actions significantly affecting the
    quality of the human environment, a detailed
    statement by the responsible official on –
    „ (i) the environmental impact of the proposed action,
    „ (ii) any adverse environmental effects which cannot be
    avoided should the proposal be implemented,
    „ (iii) alternatives to the proposed action,
    „ (iv) the relationship between local short-term uses of
    man's environment and the maintenance and enhancement
    of long-term productivity, and
    „ (v) any irreversible and irretrievable commitments of
    resources which would be involved in the proposed action
    should it be implemented.”

    Sec 102 also requires that agencies:


    † Obtain the comments of any Federal agency which has
    jurisdiction by law or special expertise with respect to
    any environmental impact involved.
    † Use a systematic interdisciplinary approach
    † Develop procedures for considering unquantified
    environmental amenities in decision making
    † Consider alternative use of the resources involved
    † Support initiatives to maximize worldwide cooperation to
    enhance the quality of the environment

    2
    Environmental Impact Statements
    † Environmental Impact Statement preparation is a
    major step in the project implementation process.
    † Required for all "major federal actions significantly
    affecting the environment." The project must be
    „ major,
    „ federal,
    „ an action, and
    „ have an effect on the environment that is
    „ significant.
    „ These terms were not defined in the original law and
    have been left for agencies and the courts to define.

    Environmental Impact Statements


    † If an EIS is required it is first prepared as a draft EIS for
    comments by others and then following a decision, the
    comments and a responses are added and it is issued as a
    final EIS.
    † An EIS may also be required by many states which have
    passed laws similar to NEPA
    † The EIS is also used to meet the requirements of other
    legislation relating to environmental issues, such as
    parkland preservation, clean air, wetland impacts. etc

    3
    Sample Impact Statements
    † Most impact statements are posted
    on line by the agency that prepares
    the statement.
    † Go to agency web site and search for
    environment. Some sources:
    „ FTA Environmental Documents
    http://www.fta.dot.gov/18087_ENG_HTML.htm
    „ EPA Current Statements:
    http://cfpub.epa.gov/compliance/nepa/current/
    http://www.epa.gov/fedrgstr/EPA-IMPACT/

    NEPA requires the following content


    in an EIS
    † A description of the proposed project and its
    surroundings.
    † The probable impact of the proposed project.
    † Any probable adverse environmental effects which
    cannot be avoided should the proposal be implemented.
    † Alternatives to the proposed action.
    † The relationship between local, short-term uses of man's
    environment and the maintenance and enhancement of
    long-term productivity.
    † Any irreversible and irretrievable commitments of
    resources which would be involved if the project should
    be implemented.
    † Where unavoidable environmental effects are
    encountered, measures taken and proposed to minimize
    harm.
    † Comments by agencies and the public.
    8

    4
    EA or EIS?
    † Environmental assessments (EA) are used for
    projects where it is not known if the impact is
    ‘significant’. In that case, an analysis needs to
    be conducted of the project to determine
    significance.
    † An EA can be as extensive as a full EIS or
    more limited, if the impacts are in only a few
    categories.

    FONSI, Negative Declaration


    † If the project does not significantly affect the
    environment a FONSI – a finding of no
    significant impact is filed instead.
    † If it is not a major federal action neither an EIS
    nor a negative declaration is required.

    10

    5
    Action Categories
    † Actions can be of three types:
    „ 1) Categorical exclusions, minor actions that do
    not require any environmental analysis or have
    by their nature a significant impact,
    „ 2) Projects with unknown impacts that may or
    may not require a full EIS, in that case and
    environmental assessment (EA) takes place and
    „ 3) Significant Projects that automatically require
    a full EIS. Each agency prepares a list of
    example projects in each category.

    11

    12

    6
    Phases of Analysis
    † Scoping Process: Determine what alternatives will be
    analyzed and what criteria will be used. Alternatives
    include alternative technology and locations
    † Public participation: Identify how the affected
    agencies and the public will participate and have input
    in the process
    † Determine the affected environment: Identify
    geographic area affected by the project
    † Analysis: Assess the impacts for each category for
    each alternative.
    † Mitigation: If adverse impacts are expected to occur,
    how will they be minimized or eliminated?
    † Decision making: Who decides? What alternative is
    chosen?

    13

    Impact Categories
    † Impact statements or EAs should
    consider all relevant impacts. This
    can be an extensive list. Different
    agencies have different lists
    † General categories:
    „ Community Impacts
    „ Natural Area Impacts

    14

    7
    FTA Impact Categories (1)
    † Social and Economic Impacts
    „ Land acquisition
    „ Land use and development changes
    „ Economic impacts
    „ Safety and security
    „ Visual Impacts
    † Air quality
    † Endangered species
    † Floodplains

    15

    FTA Impact Categories (2)


    † Historic, archeological and cultural
    resources
    † Navigable waterways and coastal zones
    † Noise and vibration
    † Water Quality
    † Wetlands
    † Transportation Impacts
    „ Transit
    „ Traffic
    „ Parking
    16

    8
    Other Relevant Legislation
    † Environmental analysis are frequently used to
    meet the requirements of other state and
    federal laws and regulations: Some of the
    important of these are:
    „ Clean Air Act
    „ Clean Water Act
    „ Endangered Species Act
    „ Federal Wetland Management Order (1977)
    „ Relocation Assistance Law
    „ Historic Preservation Act
    „ Archaeological and Historic Preservation Act
    „ Civil Rights Act – (Environmental Justice Order)
    „ Sec. 4f of the Department of Transportation Act (Parkland
    protection).
    „ Americans with Disabilities Act

    17

    Useful Web pages


    † EPA Information
    „ http://www.epa.gov/compliance/nepa/index.html
    † NEPA’s Forty Most Asked Questions
    „ http://ceq.eh.doe.gov/nepa/regs/40/40P3.htm
    † Regulations for Implementing NEPA
    „ http://ceq.eh.doe.gov/nepa/regs/ceq/toc_ceq.htm
    † EPA Laws, Regulations and Guidance
    „ http://es.epa.gov/oeca/ofa/legis.html
    † Policy and Procedures for the Review of Federal
    Actions Impacting the Environment
    „ http://es.epa.gov/oeca/ofa/policy.html
    † Cross-Cutting Environmental Laws: A Guide for
    Federal/State Project Officers, January, 1991
    „ http://es.epa.gov/oeca/ofa/crosscut.html

    18

    9
    Acknowledgements
    † Some of this material was developed as part of work
    being conducted by the Great Cities University
    consortium under the lead of the University of Alabama
    at Birmingham using funds provided by the Federal
    Transit Administration of the U.S. Department of
    Transportation.
    † The opinions expressed are the product of independent
    university work and not necessarily those of the
    sponsoring agencies or of the agencies supplying data
    for the project.

    19

    10

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