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NEPA and EDDA Operational Training. Bernie Denno, REM, REPA November 20, 2008. Version April 18, 2008. Environmental Compliance Issues. National Environmental Policy Act - NEPA Environmental Due Diligence Act - EDDA

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NEPA and EDDA Operational Training

Bernie Denno, REM, REPA

November 20, 2008

Version April 18, 2008


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Environmental Compliance Issues

  • National Environmental Policy Act - NEPA

  • Environmental Due Diligence Act - EDDA

    • CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) is the driver

  • What is the difference between NEPA and EDDA?


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NEPA and EDDA

So….What is the difference between NEPA and EDDA?

In simple terms:

NEPA - looks ahead for potential environmental impacts that will likely to be caused by proposed actions; and

EDDA - looks back into the past for any potential environmental problems (e.g., soil/water contamination, landfill, USTs, spills, and etc.) that might represent a financial liability


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So….What is NEPA?

The National Environmental Policy Act (NEPA) requires federal agencies to consider environmental impacts for major actions in their decision making process (significant decisions).

NOAA promulgated NAO 216-6 to comply with NEPA requirements.

NEPA documents decision making and can be considered to be actually a PLANNING tool!

Reminder: NEPA = PLANNING = DOCUMENTATION


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NEPA Continued

NAO identified key roles:

  • NEPA Coordinator (located in NOAA Office of Program Planning and Integration (PPI)

    • Review and approve all NEPA documents

  • Assistant Administrator, CAO, Responsible Program Manager, or Action Proponents

    • Project management

    • Describe environmental impacts and alternative

    • Responsible for EIS, EA, or CatEx

    • Project decisions

  • SECO (not identified in NAO 216-06)

    • Assist LO or RPFLO (PPMD & RPMD) in construction actions or real property transactions


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NEPA Continued

OCAO Memo dated 1/23/07 on roles and responsibilities:

RPFLO shall:

  • Ensure early partnering with SECO in the RPFLO facilities and real property planning process, including both acquisition and disposal concerns;

  • Share all relevant information with SECO;

  • Invite SECO participation on the Integrated Project Team, particularly during early planningdiscussions

  • Manage the overarching project schedule and budget

    SECO shall:

  • Ensure appropriate NEPA documentation accompanies OCAO decisions while also coordinating the process with PPI and OGC;

  • Provide expert advice to RPFLO project managers on all aspects of NEPA;

  • Integrate NEPA as a continual aspect within appropriate OCAO processes; and

  • Work closely with RPFLO PM to ensure timely delivery of NEPA products (e.g., SOW, IGE, ESI, EA, and etc.)


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NEPA Overview …on the overall Integration

Initial list of alternatives

Initial

Programmatic Requirement Analysis

Initial Resource Requirement Analysis

(EDD affects resources)

Viable alternatives

Final

Programmatic Requirement Analysis

Environmental Analysis

CATEX, EA, EIS

Final

Resource Requirement Analysis

Final Decision


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Types of NEPA Analysis

Environmental

Assessment

Categorical

Exclusion

Environmental

Impact

Statement

And/or

Finding Of No

Significant Impact

(FONSI)

Record of Decision

(ROD)


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NEPA Continued

Three levels:

Environmental Impact Statement – EIS (~ 1 year or longer)

  • EIS must be prepared for every recommendation or report on proposals for legislation and other "major Federal actions" significantly affecting the quality of the human environment

    Environmental Assessment – EA (~ 6 months or more)

  • In between CatEx and EIS

  • Best outcome is a FONSI (“Finding Of No Significant Impact)

    Categorical Exclusion – CATEX (~ a few days)

  • Easiest to perform, fast

  • Complete the memo (see example 1)

  • Send a copy to the NEPA Coordinator

  • And file a copy in the project folder


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  • Environmental Assessment (EA)

  • Scoping (optional)

  • Draft EA

  • Public Hearing (Optional)

  • Final EA

  • FONSI

  • Implementation

  • Categorical Exclusion (CE)

  • Prepare Memo for File

  • Implementation

  • Notice of Intent (NOI) for Environmental Impact Statement (EIS)

  • Scoping (Optional)

  • EA (Optional)

  • Draft EIS

  • Public Hearing (optional)

  • EIS with Notice of Availability

  • Record of Decision (ROD)

  • Implementation

The NEPA Process


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National Environmental Policy Act Overview


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NEPA Decision Tree

Yes

No

Yes

Or

Unknown

Yes

No

No

Yes

No


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Project Management

Time Requirements:

  • CATEX – Two weeks (10 business days)

  • EA – Three months (60 business days)

  • EIS – One year (200 business days)

    Cost Requirements:

  • CATEX – Staff Time Only

  • EA – Contract Support - $30K – $50K

  • EIS – Contract Support – Up to $1 million


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Categorical Exclusion

  • "Categorical exclusion" means a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations (Sec. 1507.3) and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.


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NEPA Continued

CatEx Actions (NAO216-6, Paragraph 6.03c3):

“Projects and other NOAA Actions”

  • Research programs of limited size

  • Financial and planning grants

  • Minor project activities (e.g., dune grass or small improvements)

  • Admin or routine program functions

  • Real estate actions

  • Construction activities of limited size

  • Facility improvement or addition (of limited size)

  • NEXRAD coverage

  • Other Categories of Actions Not Having Significant Environmental Impacts.


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NEPA Continued

Required documents:

  • CatEx Memo (see example 2)

  • Checklist (see example). Use this checklist if your project does not meet the requirements of the existing list of CATEXs as outlined in the NAO.

  • Any correspondences with regulatory agencies:

    • State Historic Preservation Office

    • Tribal Historic Preservation Office

    • Historic Advisory Council

    • State Coastal Commission

    • US Fish and Wildlife

    • ACOE wetland permit

    • And etc….


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CE or Not CE, that is the ?

  • Lease new NOAA space of 4500 square feet?

  • Replacement of a pier of 100’ in length?

  • Interior renovations on non-historic NOAA facility (leased of owned)?

  • Lease extension/exercise an option?


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NEPA – EA


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NEPA - EA

Environmental Considerations/Resources:

  • Land Use

  • Geological Resources

  • Air Quality

  • Cultural Resources

  • Flora and Fauna

  • Wetlands and Floodplains

  • Noise

  • Transportation

  • Visual Impacts

  • Hazardous Materials


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NEPA - EA

Deliverables:

  • Project is entered into PPI data base - web

  • EA document, typically from consultant

  • Signed Finding of No Significant Impacts (FONSI)

  • PPI concurrence memo (From proponent to PPI)

  • “To All Interested Parties” memo on PPI letterhead

  • All final documents sent to PPI electronically


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NEPA – EIS


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EA and EIS Requirements

  • Enter all new EAs or EISs into the NOAA Office of Program Planning and Integrations (PPI) website:

    • https://www.intranet.nepa.noaa.gov/

    • Use email log in name (without @noaa.gov)

    • Use email password

  • Provide PPI with a copy of all draft documents and final documents:

    • Environmental Impact Statement

    • Environmental Assessment

    • Send to: [email protected]


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NAO 216-6 Updates!!

  • Process will begin soon to review and update the NAO – Last revision was in 1999

  • PPI has the lead

    • Steve Kokkinakis

  • Add/Change/Eliminate CATEXs


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Environmental Due Diligence

Now…Let’s talk about EDD

(Comprehensive Environmental Response, Compensation, and Liability Act) aka “Superfund”

  • Federal law [CERCLA Section 120(h)] prevents the transfer of contaminated federal property unless it's clean or a remedy is in place.

  • It makes good business sense to make sure properties that NOAA is receiving is not contaminated.

  • Ensure our lessee’s activities do not contaminate our properties….This requires specific legal language in leases.


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EDD Continued

  • NOAA must receive the following for all real estate property transactions:

    • An Environmental Site Assessment, or Phase 1 ESA.

    • A Phase 2 ESA, involving material testing (asbestos, soils, paints, etc.) may be required depending on what was found in the Phase 1

    • Phase 3 involves, if required:

      • Confirmation sampling

      • Remedial activities

      • Post-closure monitoring


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EDD Continued

OCAO Memo dated 1/15/08 on roles and responsibilities:

RPFLO shall:

  • Partner and share relevant information with SECO in the RPFLO property transaction planning process;

  • Manage the over-arching property transaction project schedule and budget requirements; and

  • Ensure that the appropriate level of EDD is completed, as required, and considered as part of the total property transaction evaluation before the completion of the transaction process.

    SECO shall:

  • Determine the appropriate level of EDD documentation, working closely with RPFLO, for each property transaction and ensure required documentation accompanies property decisions;

  • Distribute an OCAO approved procedure which is consistent with recognized standards for EDD;

  • Produce an executive fact sheet which explains NOAA’s EDD requirements to senior officials; and

  • Work closely with RPFLO managers to develop process tools which will ensure timely delivery of EDD products


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NOAA Safety and Environmental Compliance Office

Director

CDR James Verlaque

301-713-2870

Budget

Jon Randle

301-713-2870

Management Analyst

Janet Williams

301-713-2870

Secretary

Gail Gebert

301-713-2870

Secretary

Bonita Tyler (C)

301-713-2870

Sr. Tech. Advisor, Env. & Energy Division

Bernie Denno

301-713-2870

Sr. Tech. Advisor, Safety & Occ. Health Division

Bruce Zaczynski

301-713-2870

Team Lead, Env. & Energy Division

Will Freeman

301-713-2870

Chief, Safety & Occ. Health Division

Tom Altvater

301-713-2870

GIS Coordinator

Tom Simon (C)

206-526-6295

Minh Trinh

206-526-6647

Jim Malchow

206-526-4912

Mark George

303-497-3064

Andy Poppen

816-426-7814

Vancant

Craig Gillis

301-713-2870

Joe Duran

206-526-66049

Ben Bond

301-713-2870

Rhonda Carpenter

303-497-3912

Ron Mattox

816-426-7810

Environmental & Energy Engineers

Safety & Occ. Health Specialists

Detail

Headquarters

Field

April 13, 2008


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QUESTIONS?


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