Nepa and edda operational training
1 / 33

NEPA and EDDA Operational Training - PowerPoint PPT Presentation

  • Uploaded on

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

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about 'NEPA and EDDA Operational Training' - dillian

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Nepa and edda operational training l.jpg

NEPA and EDDA Operational Training

Bernie Denno, REM, REPA

November 20, 2008

Version April 18, 2008

Environmental compliance issues l.jpg
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?

Nepa and edda l.jpg

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

So what is nepa l.jpg
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!


Nepa continued l.jpg
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

Nepa continued6 l.jpg
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.)

Nepa overview on the overall integration l.jpg
NEPA Overview …on the overall Integration

Initial list of alternatives


Programmatic Requirement Analysis

Initial Resource Requirement Analysis

(EDD affects resources)

Viable alternatives


Programmatic Requirement Analysis

Environmental Analysis



Resource Requirement Analysis

Final Decision

Slide8 l.jpg

Types of NEPA Analysis









Finding Of No

Significant Impact


Record of Decision


Nepa continued9 l.jpg
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

The nepa process l.jpg

  • 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

Nepa decision tree l.jpg
NEPA Decision Tree











Project management l.jpg
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

Categorical exclusion l.jpg
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.

Nepa continued15 l.jpg
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.

Nepa continued16 l.jpg
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….

Ce or not ce that is the l.jpg
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?

Nepa ea19 l.jpg

Environmental Considerations/Resources:

  • Land Use

  • Geological Resources

  • Air Quality

  • Cultural Resources

  • Flora and Fauna

  • Wetlands and Floodplains

  • Noise

  • Transportation

  • Visual Impacts

  • Hazardous Materials

Nepa ea20 l.jpg


  • 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

Ea and eis requirements l.jpg
EA and EIS Requirements

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


    • Use email log in name (without

    • Use email password

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

    • Environmental Impact Statement

    • Environmental Assessment

    • Send to:

Nao 216 6 updates l.jpg
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

Environmental due diligence l.jpg
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.

Edd continued l.jpg
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

Edd continued26 l.jpg
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

Noaa safety and environmental compliance office l.jpg
NOAA Safety and Environmental Compliance Office


CDR James Verlaque



Jon Randle


Management Analyst

Janet Williams



Gail Gebert



Bonita Tyler (C)


Sr. Tech. Advisor, Env. & Energy Division

Bernie Denno


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

Bruce Zaczynski


Team Lead, Env. & Energy Division

Will Freeman


Chief, Safety & Occ. Health Division

Tom Altvater


GIS Coordinator

Tom Simon (C)


Minh Trinh


Jim Malchow


Mark George


Andy Poppen



Craig Gillis


Joe Duran


Ben Bond


Rhonda Carpenter


Ron Mattox


Environmental & Energy Engineers

Safety & Occ. Health Specialists




April 13, 2008