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Is NEPA Preventing Energy Development Bryan Hannegan, Ph'D' Associate Director Energy and Transporta

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Title: Is NEPA Preventing Energy Development Bryan Hannegan, Ph'D' Associate Director Energy and Transporta


1
Is NEPA Preventing Energy Development?Bryan
Hannegan, Ph.D.Associate Director Energy and
TransportationWhite House Council on
Environmental Quality July 2005
2
President Bushs National Energy Policy
  • Proposed May 2002 more than 4 years ago
  • Over 100 recommendations in four areas
  • increasing conservation and energy efficiency
  • expanding domestic production of conventional
    fuels in environmentally responsible ways
  • diversifying our energy supply with more
    renewables, nuclear power and clean fuels
  • modernizing and improving reliability of energy
    infrastructure
  • Have implemented nearly all items that did not
    require legislation
  • Called on Congress to enact energy legislation by
    August
  • Conference under way, many NEPA-related items
    under discussion

3
Energy Projects Task Force
  • The NEPD Group recommends the President issue an
    Executive Order to rationalize permitting for
    energy production in an environmentally sound
    manner by directing federal agencies to expedite
    permits and other federal actions necessary for
    energy-related project approvals on a national
    basis.
  • Executive Order 13212 signed by President Bush,
    May 2001, to establish interagency Task Force on
    Energy Projects
  • Senior policy officials meet on regular basis to
    coordinate permitting processes more efficient,
    less costly, more effective
  • Identified energy projects through Federal
    Register notice used projects to understand
    process reforms that needed to be made
  • Pipeline safety, offshore LNG, hydro licensing,
    onshore oil gas

4
CEQ NEPA Task Force
  • National Environmental Policy Act (NEPA) process
    inform federal decision-makers and to involve
    the interested and affected federal, state, local
    and tribal governments and the public in federal
    decisions affecting the quality of the human
    environment.
  • CEQ NEPA Task Force was charged to find ways to
    make the NEPA process more effective, efficient
    and timely.
  • First comprehensive NEPA review in over a decade
  • Issued report September 2003
  • TF reviewed current NEPA practices - over 600
    substantive comments from Federal, State and
    local governments, Tribes, organizations, and
    individuals.

5
Its Not NEPA, Its How We Implement
  • Task Force issued report, "Modernizing NEPA
    Implementation," http//ceq.eh.doe.gov/nepa/nepane
    t.htm
  • CEQ hosted four public roundtables panels of
    NEPA experts and interested citizens around the
    country
  • CONCLUSION The NEPA statute and the CEQ
    implementing regulations are not impediments.
  • Instead, agency implementation practices need to
    be modernized, to take into account new practices
    and capabilities.
  • CEQ and the federal agencies are working to
    develop new guidance

6
Categorical Exclusions
  • Develop guidance on how to develop and revise
    categorical exclusions (CEs)
  • How does one describe a category of actions,
    substantiate the determination that the category
    of actions does not individually or cumulatively
    have a significant effect on the quality of the
    human environment, and involve the public in the
    development of CEs?
  • Develop guidance on applying a CE to specific
    proposed actions.
  • How can a CE be demonstrated as appropriate for a
    proposed action, and how can agencies better
    inform interested and affected parties?
  • Develop guidance to federal agencies on ways to
    collaboratively monitor proposals that rely upon
    the use of CEs to satisfy NEPA.

7
Environmental Assessments (EAs)
  • Develop guidance to address
  • the requirements and contents of EAs
  • the appropriate range in size of EAs based on the
    magnitude and complexity of environmental issues,
    public concerns, and project scope
  • public involvement
  • alternatives and
  • mitigation, particularly when the EA concludes
    with a mitigated finding of no significant
    impact.
  • Develop guidance to federal agencies on ways to
    collaboratively monitor the use of EAs.

8
Improved Collaboration
  • Develop and publish a Citizens Guide to NEPA
  • Develop guidance on the components of successful
    collaborative agreements, provide examples
    (templates) applicable to various types of NEPA
    analyses and stages of the NEPA process (from
    initiation or scoping through publication).
  • Develop a best practices handbook with case
    studies that showcase the characteristics of
    successful collaborative efforts.
  • Develop training for senior decision-makers that
    describes how a well run NEPA process benefits
    management.
  • Develop handbooks that describe how interested
    and affected parties (e.g., tribes, NGOs, permit
    applicants, state and local governments and the
    public) can be involved in the NEPA process and
    help inform and focus a timely process.
  • Develop training for interested and affected
    parties on the principles of NEPA and NEPA
    requirements, agencies missions, scoping,
    collaboration skills, dispute resolution, and
    effective public involvement.

9
Adaptive Management Monitoring
  • Develop guidance on integrating the NEPA process
    with environmental management systems (EMS).
  • Develop a best practices handbook on adaptive
    management processes and EMS with case studies
    that highlight successful characteristics.
  • Support demonstration projects that use EMS in
    conjunction with a NEPA process to make decisions
    that use the EMS to manage the operational and
    environmental effects of the decision in an
    adaptive management process.

10
Align NEPA With Other Laws
  • Develop a handbook to address the coordination of
    NEPA with other major environmental consultation
    requirements
  • Section 404 of the Clean Water Act
  • Section 7 of the Endangered Species Act
  • Section 106 of the National Historic Preservation
    Act
  • Clean Air Act
  • Work of Energy Project Task Force is addressing
    these areas through interagency MOU for specific
    types of energy projects
  • Longer-term innovation through use of information
    technology improve early identification of
    permit needs and potential issues allow greater
    coordination prevent reinventing wheel

11
Is NEPA Preventing Energy Development?
  • No, but inefficient implementation of NEPA can
    delay or prevent energy projects from going
    forward.
  • The Bush Administration is working with all
    interested stakeholders to improve NEPA
    implementation.
  • Doing so will provide the energy resources
    America needs, and protect the environment
    America values.
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