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Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA NEPA & & CEQ CEQ

Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

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The Law United States Code (USC) Code of Federal Regulations (CFR) Policy & Guidance How Federal Agencies Operate Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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Page 1: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

NEPANEPA&&

CEQCEQ

Page 2: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

National Environmental Policy Act of 1969 (NEPA)

Council on Environmental Quality (CEQ) 40 CFR Part 1500 to Part 1508

Federal Highway Administration & Federal Transit Administration (FHWA & FTA) 23 CFR 771

NEPA & CEQNEPA & CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 3: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

The Law

United States Code(USC)

Code of Federal

Regulations(CFR)

Policy & Guidance

How Federal Agencies How Federal Agencies OperateOperate

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 4: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Section 101Congress, recognizing the profound impact of mans activity and the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man declares that it is the continuing policy of the federal government to use all practical means and measure in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic and other requirements of present and future generations of Americans.

NEPANEPA

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 5: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Section 102All policies, regulations and laws of the Federal Government be interpreted and administered in accordance with NEPA

Federal agencies required to use an interdisciplinary approach in the planning and decision-making that impacts man’s environment

Requires preparation of an Environmental Impact Statement (EIS) on all major federal actions that significantly affect the human environment.NEPA Amended in 1975 to Allow States to Prepare NEPA Amended in 1975 to Allow States to Prepare

EISsEISs

NEPANEPA

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 6: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

What the Law Provides Examination of alternatives to proposed

action Basis for Cooperating Agency Concept Public and Agency CoordinationWhat it Did Set national environmental policy Basis for EIS Created CEQ

NEPANEPA

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 7: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Basic Functions Develop Environmental Policies Monitor Environmental Quality Environmental Quality Report Monitor Federal Actions

CEQCEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 8: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1500 - Purpose, Policy and Mandate Information prior to decisions Better decisions, not better documents Concentrate on true significant issues Encourage public involvement in decisions

CEQCEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 9: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1501 – NEPA and Agency Planning Integrate NEPA into early planning Systematic, interdisciplinary approach Cooperating agencies Scoping

CEQCEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 10: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1502 – Environmental Impact Statement

Major federal actions Recommended format Circulation requirements

Is it Reader Friendly?

CEQCEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 11: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1503 – Commenting Inviting comments Specificity of comments Response to comments

CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 12: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1504 – Predecision Referrals to the Council of Proposed Federal Actions Determined to be Environmentally UnsatisfactoryPossible violation of standards or policiesSeverityGeographical scopeDurationImportance as precedentsAvailability of environmentally preferable alternatives

CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 13: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1505 – NEPA and Agency Decision Making:

Adopt agency procedures Record of Decision (ROD) Agency Monitoring

CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 14: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1506 – Other Requirements of NEPA Limitations on actions during the NEPA

process Agency adoption of documents Filing requirements

CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 15: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1507 – Agency Compliance All Federal Government Agencies Agency procedures

CEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Page 16: Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation NEPA&CEQ

Part 1508 – Terminology and Index Definition of Terms

CEQCEQ

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation