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Review of NEPA Documents (A.K.A. - EPA's 309 Review Process)

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Presentation on theme: "Review of NEPA Documents (A.K.A. - EPA's 309 Review Process)"— Presentation transcript:

1 Review of NEPA Documents (A.K.A. - EPA's 309 Review Process)

2 EIS Review Process Section 102 of NEPA: All federal agencies can review EISs Section 309 of the Clean Air Act: EPA must review all EISs, and publish findings in the Federal Register Public input/review is a vital component of the EIS process

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4 Important EPA Review Concerns Water quality Air quality Ground water/sole source aquifers Wetlands Hazardous waste issues Environmental Justice Cumulative impacts

5 EPA's EIS Rating System Project: LO = Lack of Objections EC = Environmental Concerns EO = Environmental Objections EU = Environmentally Unacceptable Document: 1 = Adequate EIS 2 = Insufficient Information 3 = Inadequate EIS Adverse ratings (EU & 3) require Headquarters approval

6 Recent EPA Adverse Ratings

7 Referrals to CEQ Action, at Final EIS, is environmentally unacceptable because of: ► possible violations; ► severity, duration, or geographical scope of impacts; ► availability of environmentally preferable alternative(s); or ► importance as a precedent Section 309 of the Clean Air Act expands EPA's referral authority to any matter

8 Referrals by Agency 27 Referrals since 1970

9 Referrals to CEQ Possible CEQ Actions Conclude the matter has been resolved Send matter back for further coordination Publish findings/recommendations Submit matter to the President for resolution Project cannot proceed until referral is resolved


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