|
Introduction The National Environmental Policy Act of 1969 (NEPA) establishes a national environmental policy with goals for the protection, maintenance, and enhancement of the environment, and provide a process for implementing these goals within federal agencies. This policy recognize humankind's impact on the biosphere and the importance of restoring and maintaining the overall quality of our natural environment. NEPA essentially encompasses sound planning practices designed to minimize damage to the environment. It provides federal agencies with a systematic, interdisciplinary approach to planning, thereby ensuring the "widest range of beneficial uses of the environment without degradation, risk to health and safety, or other undesirable and unintended consequences." NEPA requires federal agencies to consider, as part of planning and decision-making processes, the impact(s) of their actions on the environment. NEPA's purpose is not to generate paperwork, but to foster agency action through informed decision-making. The purpose of this fact sheet is to provide Air Force personnel with a general overview of NEPA and how it applies to Air Force activities. It includes a discussion of the Environmental Impact Analysis Process (EIAP), which is the Air Force's program for implementing the provisions of NEPA, points of contact for obtaining assistance applying EIAP provisions, and sources of additional information. Background The main objective of NEPA is to create a better decision-making process for implementing projects and programs that could adversely impact the environment. NEPA requires federal agencies to incorporate environmental considerations in their planning and decision-making process, and requires the use of a systematic and interdisciplinary approach. Specifically, federal agencies must formally assess the environmental impacts of their actions and consider all reasonable alternatives. Section 101(b) of NEPA states "it is the continuing responsibility of the federal government to use all practicable means, consistent with other essential considerations of national policy to improve and coordinate federal plans, functions, program, and resources" in order to assure safe and healthful surroundings for all Americans; preserve important historic, cultural and natural aspects of our national heritage; achieve a balance between population and resource; and enhance the quality of renewable resources. To meet this responsibility, NEPA prescribes certain procedural measures to ensure that unquantified environmental qualities and values may be given appropriate consideration along with economic and technical considerations. For any major federal action that has the potential to significantly affect the quality of the environment, the responsible official must prepare a detailed statement that identifies environmental impacts and evaluates reasonable alternatives prior to making a decision and implementing the action. The Council on Environmental Quality NEPA established the Council on Environmental Quality (CEQ), which is charged with the development of implementing regulations and ensuring federal agency compliance with NEPA. In 1978, the CEQ promulgated guidelines to implement NEPA, and in November 1979 these guidelines became regulations (Title 40 Code of Federal Regulations (CFR) Parts 1500-1508) referred to in this document as the "CEQ regulations," which are applicable to all federal agencies. The CEQ regulations mandate that all federal agencies use a systematic interdisciplinary approach to environmental planning and the evaluation of actions that may affect the environment. The CEQ regulations outline a detailed process for preparing Environmental Impact Statements (EISs) (discussed in detail below) and discuss the use of Environmental Assessments (EAs). This process is intended to assist federal agency officials in decision-making based on an understanding of the potential environmental consequences, and to take actions that protect, restore, and enhance the environment. The level of analysis required to meet NEPA requirements will depend on the scope and severity of the environmental impacts threatened by the proposed action. The Environmental Impact Analysis Process (EIAP) Air Force Policy Directive 32-70, Environmental Quality, 20 July 1994, states "the Air Force will conduct its activities according to national environmental policy," and all personnel are accountable for the environmental consequences of their actions. The Air Force, in its mission to achieve and maintain environmental quality, is committed to conserving natural and cultural resources through effective planning and integrating, into all levels of decision-making, the environmental consequences of proposed actions and alternatives.
Air Force EIAP Regulation (AFI 32-7061)
The EIAP regulation, Title 32 CFR Part 989, also published as Air Force Instruction (AFI) 32-7061, The Environmental Impact Analysis Process, outlines the steps for the analysis of environmental impacts on installations in the United States and abroad. The policies and procedures set forth in the instruction and regulation are designed to ensure Air Force compliance with NEPA and the CEQ regulations.
At every level of command, the Environmental Planning Function (EPF) is one of the key Air Force participants in the EIAP. The EPF can be the Environmental Flight (CEV) within a Civil Engineer Squadron, a separate Environmental Management office at an installation, the CEV at Major Commands (MAJCOMS), or an equivalent environmental function located with a program office. Any office initiating an action (the "proponent") must notify the EPF of the proposed action by submitting an AF Form 813 to begin the environmental impact analysis process.
AF Form 813
An action that meets the approved CATEX criteria needs no further environmental analysis and is relieved of the requirement for an EA or EIS under NEPA. However, if the action involves unique circumstances, such as the presence of endangered species, wetlands, floodplains, historical sites, or a high level of public interest, a CATEX is not applicable and further analysis of the potential impacts would be required. The final decision to categorically exclude a proposed action is determined by the EPF or other authorized decision-maker. Note: SAF/AQRE is the sole approval authority for acquisition-related actions. Although a CATEX action may not require further environmental analysis under NEPA, the action is still subject to compliance with other applicable environmental regulations such as the need to meet Clean Air Act Air Conformity requirements. If it is decided that the proposed action involves unique circumstances, or has the potential to affect the environment, the EPF will deny the CATEX and further environmental analysis will be required. Environmental Assessment If a proposed action is not categorically excluded, but is one that does not usually require an environmental impact statement (EIS), an environmental assessment (EA) is prepared. In situations where it is not clear whether the action would result in significant impacts, an EA may be prepared to definitely determine if an EIS is required based on the analysis of environmental impacts. If significant impacts are not identified, the decision maker may sign a Finding of No Significant Impact (FONSI). In some instances, however, the preparation of an EA may be bypassed in favor of the preparation of an EIS if a proposed action is known to have significant impacts on the environment or is potentially controversial. The information contained in a completed EA allows a threshold decision to be made regarding the proposed action and any identified alternatives. The EA discusses the need for the proposed action, possible alternatives including the no action alternative, the potential environmental impacts of the proposed action and alternatives, and a list of agencies and persons consulted. The no action alternative must always be included as an alternative in an EA (and EIS). The no action alternative is used to establish a baseline for the current environmental conditions, without which a valid comparison between the proposed action and alternative actions could not be made. The Air Force requires that an EA be approved by the Deputy Assistant Secretary of the Air Force for Environmental, Safety, and Occupational Health (SAF/MIQ) when topics of special interest or importance are involved. The EPF must forward the following EAs to SAF/MIQ through the office of the Air Force Civil Engineer (HQ AF/ILEVP) for approval when they involve:
In summary, an EA identifies the potential environmental impacts of a proposed action, possible alternatives, and determines if further environmental analysis is required. In the final analysis, every EA must be resolved with a Finding of No Significant Impact (FONSI), a determination that an EIS is required, or a no action decision. In all cases, the proponent is the final governing agent and must be prepared to defend its actions and decisions as being in compliance with applicable CEQ regulations.
Finding of No Significant Impact
A FONSI must summarize the EA, including any mitigation measures, or preferably, have the EA attached. A final draft of the EA and the unsigned FONSI must be made available to the affected public, organizations and individuals requesting them, and to whomever the proponent or the EPF has reason to believe is interested in the action. Before the FONSI is signed and any action implemented, the EPF and proponent must allow sufficient time to receive comments from the public. The time period will reflect the magnitude of the proposed action and its potential for controversy. Note: Public review and comments are not required if public disclosure is prohibited for security classification reasons.
Prior to the preparation of an EIS, a Notice of Intent (NOI) must be published in the Federal Register (FR) as required under Title 40 CFR 1501.7, Scoping, Title 40 CFR 1508.22, Notice of Intent, and Title 32 CFR 989.17, Notice of Intent, and 989.18, Scoping. It is also required that the NOI be provided to newspapers and other media in the area potentially affected by the proposed action. The NOI announces to the public the intent of the Air Force to prepare an EIS for a project. After the NOI is published, the EPF initiates the public scoping process.
Scoping
Methods of scoping range from soliciting written comments to conducting public scoping meetings. It is an iterative proactive process of communicating with the individual citizens; neighborhood, community and local leaders; public interest groups; congressional delegations; State, Tribal, and local governments; and federal agencies. Where it is anticipated the proposed action and its alternatives will have disproportionately high and adverse human health or environmental effects on minority populations or low-income populations, special efforts shall be made to reach these populations.
Draft and Final EIS Procedures
After a 45-day public comment period, the EPF prepares the Final EIS, which addresses comments received during the public review period. The Final EIS is processed in the same manner as the Draft, and the availability of the Final EIS to the public is announced by a second NOA. The Final EIS is distributed to any organizations or individuals requesting a copy. The EPF need not respond to comments received during this period, but must consider them when making the final decision. The final decision is documented in the Record of Decision.
Record of Decision
Implementing NEPA does not preclude compliance with other environmental laws, and failure to comply with all applicable regulations may result in unnecessary delays and possible enforcement actions. In addition, some States have enacted regulations similar to the CEQ regulations, and coordination with all local environmental officials and agencies should be established early in the process.
Actions Abroad
Note: The NEPA Digital Library was not yet available at the time of this printing, but will be soon. Check the site periodically for updates.
|
