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

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Is NEPA Preventing Energy Development?Bryan
Hannegan, Ph.D.Associate Director Energy and
TransportationWhite House Council on
Environmental Quality July 2005
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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

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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

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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.

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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

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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.

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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.

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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.

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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.

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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

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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.