NEPA PROCESS

The environmental assessment (EA) being prepared by the Navy sets forth the basis for required environmental documentation in accordance with the National Environmental Policy Act (NEPA) of 1969 (PL 91-190), and the Council on Environmental Quality (CEQ) regulations for implementing NEPA (40 Code of Federal Regulations [CFR] 1500-1508). 

NEPA is a Federal statute requiring the identification and analysis of potential environmental impacts of proposed Federal actions before those actions are taken.  NEPA also established the CEQ, which is charged with the development of implementing regulations and ensuring agency compliance with NEPA.  CEQ regulations mandate that all Federal agencies use a systematic interdisciplinary approach to environmental planning and the evaluation of actions that might affect the environment.  This process evaluates potential environmental consequences associated with a Proposed Action Alternative and considers alternative courses of action.  The intent of NEPA is to protect, restore, or enhance the environment through well-informed Federal decisions.

The process for implementing NEPA is codified in 40 Code of Federal Regulations (CFR) 1500–1508, Regulations for Implementing the Procedural Provisions of NEPA, and Chief of Naval Operations (CNO) Naval Instruction (OPNAVINST) 5090.1C, Chapter 5, Department of the Navy Environmental and Natural Resources Program Manual.  CEQ was established under NEPA to implement and oversee Federal policy in this process.  CEQ regulations specify that the following must be accomplished when preparing an EA:

  • Briefly provide evidence and analysis for determining whether to prepare an Environmental Impact Statement (EIS) or a finding of no significant impact (FONSI);
  • Aid in an agency’s compliance with NEPA when an EIS is unnecessary; and
  • Facilitate preparation of an EIS when one is necessary.

To comply with NEPA, the planning and decision-making process for actions proposed by Federal agencies involves a study of other relevant environmental statutes and regulations.  The NEPA process, however, does not replace procedural or substantive requirements of other environmental statutes and regulations.  It addresses them collectively in the form of an EA or EIS, which enables the decision maker to have a comprehensive view of major environmental issues and requirements associated with the Proposed Action Alternative.  According to CEQ regulations, the requirements of NEPA must be integrated “with other planning and environmental review procedures required by law or by agency so that all such procedures run concurrently rather than consecutively.”

In addition to NEPA, additional authorities that will be addressed during the preparation of this EA will include Clean Air Act, Clean Water Act (CWA) (including a National Pollutant Discharge Elimination System [NPDES] storm water discharge permit), Noise Control Act, Endangered Species Act (ESA), National Historic Preservation Act (NHPA), Archaeological Resources Protection Act, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act, Environmental Quality Improvement Act of 1970, as amended, and Migratory Bird Treaty Act (MBTA). 

Executive Orders (EOs) bearing on the Proposed Action Alternative include EO 11988 (Floodplain Management), EO 11990 (Protection of Wetlands), EO12088 (Federal Compliance with Pollution Control Standards), EO 12580 (Superfund Implementation), EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), EO 13045 (Protection of Children from Environmental Health Risks and Safety Risks), EO 13423 (Strengthening Federal Environmental, Energy, and Transportation Management), EO 13175 (Consultation and Coordination with Indian Tribal Governments), EO 13148 (Greening the Government through Leadership in Environmental Management), EO 13186 (Responsibilities of Federal Agencies to Protect Migratory Birds), EO 11514 (Protection and Enhancement of Environmental Quality, as amended by EO 11991); EO 13101 (Greening the Government through Waste Prevention, Recycling, and Federal Acquisition); EO 13123 (Greening the Government through Efficient Energy Management); and EO 13149 (Greening the Government through Federal Fleet and Transportation Efficiency).

The projected release date for the draft Environmental Assessment is May 1,
2009.  Once the draft EA is released a 30 day public comment period will
begin.

DOWNLOADS