Frequently Asked Questions
National Environmental Policy Act (NEPA)
This page provides answers to frequently asked questions about
compliance with the National Environmental Policy Act (NEPA).
- What are NEPA's requirements?
- Who performs oversight of NEPA?
- How does implementation of NEPA work?
- Can you summarize the NEPA process?
- What are the components of an Environmental Assessment
(EA) or an Environmental Impact Statement (EIS)?
- What are the roles of federal agencies in the
NEPA process?
- What is EPA's role in the NEPA process?
- What is the public's role in the NEPA process?
1. What are NEPA's requirements?
Title I of NEPA contains a Declaration of National Environmental
Policy which requires the federal government to use all practicable
means to create and maintain conditions under which man and nature
can exist in productive harmony. Section 102 requires federal
agencies to incorporate environmental considerations in their
planning and decision-making through a systematic interdisciplinary
approach. Specifically, all federal agencies are to prepare
detailed statements assessing the environmental impact of and
alternatives to major federal actions significantly affecting
the environment. These statements are commonly referred to as
environmental impact statements (EISs). Section 102 also requires
federal agencies to lend appropriate support to initiatives and
programs designed to anticipate and prevent a decline in the quality
of mankind's world environment.
Title II of NEPA establishes the Council on Environmental Quality
(CEQ).
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2. Who performs oversight of NEPA?
The Council on Environmental Quality, which is headed by a fulltime
Chair, oversees NEPA. A staff assists the Council. The duties
and functions of the Council are listed in Title II, Section 204
of NEPA and include: gathering information on the conditions and
trends in environmental quality; evaluating federal programs in
light of the goals established in Title I of the Act; developing
and promoting national policies to improve environmental quality;
and conducting studies, surveys, research, and analyses relating
to ecosystems and environmental quality.
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3. How does implementation of NEPA work?
In 1978, CEQ promulgated regulations [40 CFR Parts 1500-15081]
implementing NEPA which are binding on all federal agencies. The
regulations address the procedural provisions of NEPA and the
administration of the NEPA process, including preparation of EISs.
To date, the only change in the NEPA regulations occurred
on May 27,1986, when CEQ amended Section 1502.22 of its regulations
to clarify how agencies are to carry out their environmental evaluations
in situations where information is incomplete or unavailable.
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4. Can you summarize the NEPA process?
The NEPA process consists of an evaluation of the environmental
effects of a federal undertaking including its alternatives. There
are three levels of analysis depending on whether or not an undertaking
could significantly affect the environment. These three
levels include: categorical exclusion determination; preparation
of an environmental assessment/finding of no significant impact
(EA/FONSI); and preparation of an environmental impact statement
(EIS).
At the first level, an undertaking may be categorically excluded
from a detailed environmental analysis if it meets certain criteria
which a federal agency has previously determined as having no
significant environmental impact. A number of agencies have
developed lists of actions which are normally categorically excluded
from environmental evaluation under their NEPA regulations.
At the second level of analysis, a federal agency prepares a written
environmental assessment (EA) to determine whether or not a federal
undertaking would significantly affect the environment. If
the answer is no, the agency issues a finding of no significant
impact (FONSI). The FONSI may address measures which an
agency will take to reduce (mitigate) potentially significant
impacts.
If the EA determines that the environmental consequences of a
proposed federal undertaking may be significant, an EIS is prepared.
An EIS is a more detailed evaluation of the proposed action
and alternatives. The public, other federal agencies and
outside parties may provide input into the preparation of an EIS
and then comment on the draft EIS when it is completed.
If a federal agency anticipates that an undertaking may significantly
impact the environment, or if a project is environmentally controversial,
a federal agency may choose to prepare an EIS without having to
first prepare an EA.
After a final EIS is prepared and at the time of its decision,
a federal agency will prepare a public record of its decision
addressing how the findings of the EIS, including consideration
of alternatives, were incorporated into the agency's decision-making
process.
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5. What are the components of an Environmental
Assessment (EA) or an Environmental Impact Statement (EIS)?
An EA is described in Section 1508.9 of the Council's NEPA regulations.
Generally, an EA includes brief discussions of the following:
the need for the proposal; alternatives (when there is an unresolved
conflict concerning alternative uses of available resources);
the environmental impacts of the proposed action and alternatives;
and a listing of agencies and persons consulted.
An EIS, which is described in Part 1502 of the regulations, should
include discussions of the purpose of and need for the action,
alternatives, the affected environment, the environmental consequences
of the proposed action, lists of preparers, agencies, organizations
and persons to whom the statement is sent, an index, and an appendix
(if any).
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6. What are the roles of federal agencies in
the NEPA process?
The role of a federal agency in the NEPA process depends on the
agency's expertise and relationship to the proposed undertaking.
The agency carrying out the federal action is responsible
for complying with the requirements of NEPA. In some cases, there
may be more than one federal agency involved in an undertaking.
In this situation, a lead agency is designated to supervise
preparation of the environmental analysis. Federal agencies, together
with state, tribal or local agencies, may act as joint lead agencies.
A federal, state, tribal or local agency having special expertise
with respect to an environmental issue or jurisdiction by law
may be a cooperating agency in the NEPA process. A cooperating
agency has the responsibility to assist the lead agency by participating
in the NEPA process at the earliest possible time; by participating
in the scoping process; in developing information and preparing
environmental analyses including portions of the environmental
impact statement concerning which the cooperating agency has special
expertise; and in making available staff support at the lead agency's
request to enhance the lead agency's interdisciplinary capabilities.
Under Section 1504 of CEQ's NEPA regulations, federal agencies
may refer to CEQ interagency disagreements concerning proposed
federal actions that might cause unsatisfactory environmental
effects. CEQ's role, when it accepts a referral, is generally
to develop findings and recommendations, consistent with the policy
goals of Section 101 of NEPA. The referral process consists
of certain steps and is carried out within a specified time frame.
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7. What is EPA's role in the NEPA process?
The Environmental Protection Agency, like other federal agencies,
prepares and reviews NEPA documents. However, EPA has a
unique responsibility in the NEPA review process. Under Section
309 of the Clean Air Act, EPA is required to review and publicly
comment on the environmental impacts of major federal actions
including actions which are the subject of EISs. If EPA
determines that the action is environmentally unsatisfactory,
it is required by Section 309 to refer the matter to CEQ.
Also, in accordance with a Memorandum of Agreement between EPA
and CEQ, EPA carries out the operational duties associated with
the administrative aspects of the EIS filing process. The
Office of Federal Activities in EPA has been designated the official
recipient in EPA of all EISs prepared by federal agencies.
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8. What is the public's role in the NEPA process?
The public has an important role in the NEPA process, particularly
during scoping, in providing input on what issues should be addressed
in an EIS and in commenting on the findings in an agency's NEPA
documents. The public can participate in the NEPA process
by attending NEPA-related hearings or public meetings and by submitting
comments directly to the lead agency. The lead agency must
take into consideration all comments received from the public
and other parties on NEPA documents during the comment period.
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