NEPA and EDDA Operational Training

1. NEPA and EDDA Operational Training Bernie Denno, REM, REPA November 20, 2008 Version April 18, 2008

2. 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?

3. 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

4. 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

5. 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

6. 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 planningdiscussions • 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.)

7. NEPA Overview …on the overall Integration Initial list of alternatives Initial Programmatic Requirement Analysis Initial Resource Requirement Analysis (EDD affects resources) Viable alternatives Final Programmatic Requirement Analysis Environmental Analysis CATEX, EA, EIS Final Resource Requirement Analysis Final Decision

8. Types of NEPA Analysis Environmental Assessment Categorical Exclusion Environmental Impact Statement And/or Finding Of No Significant Impact (FONSI) Record of Decision (ROD)

9. 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

10. Environmental Assessment (EA) • Scoping (optional) • Draft EA • Public Hearing (Optional) • Final EA • FONSI • Implementation • Categorical Exclusion (CE) • Prepare Memo for File • Implementation • Notice of Intent (NOI) for Environmental Impact Statement (EIS) • Scoping (Optional) • EA (Optional) • Draft EIS • Public Hearing (optional) • EIS with Notice of Availability • Record of Decision (ROD) • Implementation The NEPA Process

11. National Environmental Policy Act Overview

12. NEPA Decision Tree Yes No Yes Or Unknown Yes No No Yes No

13. 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

14. 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.

15. 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.

16. 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….

17. 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?

18. NEPA – EA

19. 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

20. 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

21. NEPA – EIS

22. 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 @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@noaa.gov

23. 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

24. Environmental Due Diligence Now…Let’s 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 lessee’s activities do not contaminate our properties….This requires specific legal language in leases.

25. 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

26. 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 NOAA’s EDD requirements to senior officials; and • Work closely with RPFLO managers to develop process tools which will ensure timely delivery of EDD products

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

28. QUESTIONS?