NEPA and EDDA Operational Training

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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 planning
  discussions
• 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
Environmental Analysis CATEX, EA, EIS
Final Programmatic Requirement Analysis
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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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 _at_noaa.gov)
• Use email password
• Provide PPI with a copy of all draft documents
  and final documents
• Environmental Impact Statement
• Environmental Assessment
• Send to PPI.NEPA_at_noaa.gov

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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

• NowLets 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 lessees 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
  NOAAs 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
Vancant
Andy Poppen 816-426-7814
Mark George 303-497-3064
Ben Bond 301-713-2870
Joe Duran 206-526-66049
Craig Gillis 301-713-2870
Jim Malchow 206-526-4912
Rhonda Carpenter 303-497-3912
Ron Mattox 816-426-7810
Safety Occ. Health Specialists
Environmental Energy Engineers
Field
Headquarters
Detail
April 13, 2008
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QUESTIONS?
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