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

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Presentation transcript:

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

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

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

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

Recent EPA Adverse Ratings

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

Referrals by Agency 27 Referrals since 1970

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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