National EPA, Water

National Environmental Policy Act (NEPA)

a U.S. federal law enacted on January 1, 1970, requiring federal agencies to assess environmental impacts of major federal actions through Environmental Assessments (EAs) and Environmental Impact Statements (EISs)

Natural Resources

wetlands, wildlife, streams, aquatic life, etc, which must be considered in the development of a NEPA document

Environmental Quality

environmental: relates to the external conditions or surroundings, includes social, physical, the natural resou9rces, water, air, etc

quality: qualitative or quantitative measurement

Impacts of NEPA

considers env factors (natural resources and env quality) when making decisions, not just technical and economic factors

involves the affected and interested public early in the process

looks at ways to lessen env impacts

documents in plain language for the decision-makers and the public the process taken for analysis of impacts

Primary Purposes of an Environmental Document

provides sufficient information to the decision maker

documents that the procedural requirements of NEPA have been followed and completed

informs the public and interested parties

Categorical Exclusions (CEX)

impacts of the project, when considered individually or cumulatively does not have significant effects on the quality of the human environment

Environmental Assessments (EAs)

provides sufficient information to the decision-maker on potential environmental effects of the project and if appropriate, its alternatives to prepare an EIS or finding of no significant impact (FONSI)

a systematic process used to evaluate the potential environmental effects of a proposed project before decisions are made, ensuring sustainable and informed development.

Finding of No Significant Impact (FONSI)

a formal document issued by a U.S. federal agency under NEPA when it concludes that a proposed federal action will not cause significant environmental

prepared for a proposed action, not a CEX, for which an EIS is not prepared. a FONSI is included with the EA for circulation and review

Environmental Impact Statement (EIS)

designed to assess the likely consequences of a proposed action, including both positive and negative impacts, and to explore alternatives that could reduce environmental harm. It ensures that decision-makers consider environmental factors alongside economic and social concerns before approving projects that may significantly affect the environment

EIS > EA > CEX

Beginning NEPA Process

1. start NEPA process when beginning any planning

2. fulfill the 6 goals in section 101 of NEPA

3. document planning and decision-making process

4. consider the potential environmental impacts of a proposed action (for a total project)

NEPA Planning Process

1. select the proper level of documentation. determine if the action will have significant env impacts and affect the quality of the human environment

2. the EA is used as a screening document to determine whether to prepare an EIS or a FONSI

3. EIS preparation. lead federal agency is responsible for initiating the first step — federal register notice of intent for the EIS to begin the scoping process.

   1. the scoping process is the first opportunity for the agency to involve the public in its planning efforts. input on the range of issues to be addressed

4. collection of information. collect info from the public via a workshop. collect info from agencies such as US fish and wildlife service via a workshop. talk to interested parties who have intimate knowledge of the area

Public Involvement in NEPA Process

happens during:

• initial scoping (ie agencies/public identify EIS issues and alternatives to be addressed)

• comment period for the draft EIS

• comment on the final EIS prior to the record of decision (ROD)

Content of an EIS

• environmental impacts of a proposed action

• any adverse impacts that cannot be avoided should the proposal be implemented

• reasonable alternatives to the proposed action, including addressing a “no action” option

• relationship between short term uses of the human env and the maintenance and enhancement of long term productivity

• any irreversible and irretrievable commitments of resources which would be involved if the proposed action is implemented

• means to mitigate adverse env impacts

Environmental Justice

introduced in 1994 and was designed to focus on the attention of federal agencies on the human health and environmental conditions in minority and low-income communities

Clean Air Act (CAA)

the primary U.S. federal law regulating air pollution, designed to protect public health and the environment by controlling emissions from stationary and mobile sources.

Clean Water Act (CWA)

the primary U.S. federal law regulating water pollution, aiming to restore and maintain the chemical, physical, and biological integrity of the nation’s waters.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)

a U.S. federal law—commonly called Superfund—that authorizes the EPA to clean up hazardous‑waste sites and hold responsible parties liable for contamination.

Endangered Species Act (ESA)

a U.S. federal law that protects endangered and threatened species and the ecosystems they depend on, administered by the U.S. Fish & Wildlife Service and NOAA Fisheries.

Resource Conservation and Recovery Act (RCRA)

the U.S. federal law that gives the EPA authority to manage hazardous waste from “cradle‑to‑grave,” covering its generation, transport, treatment, storage, and disposal.

National Historic Preservation Act (1966)

established the National Register of Historic Places, created State Historic Preservation Offices, and set federal policy for preserving historic sites across the United States.

It created a national framework to identify, protect, and support historic and archaeological resources

Metropolitan Planning Organization (MPO) Role in the Clean Air Act

MPOs must plan to achieve compliance with the clean air act in non-attainment areas

Non-Attainment Area

a geographic region officially designated by the U.S. Environmental Protection Agency (EPA) because its air quality fails to meet one or more of the federal National Ambient Air Quality Standards (NAAQS)

National Pollutant Discharge Elimination System (NPDES)

a federal program under the Clean Water Act that regulates point-source discharges of pollutants into U.S. waters through a permit system.

Brownfield

a property, the expansion, development, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant

the EPA provides assistance and incentives to state and local governments and the private sector to clean up and reuse brownfield sites

What is an Executive Order?

a tool the President uses to direct federal agencies, enforce existing laws, and manage the executive branch. They do not require approval from Congress and remain in effect until revoked, replaced, or ruled unlawful.

Civil Rights Act Title VI

meant to prevent intentional discrimination by programs that receive federal assistance

Eastern US Water Law

is shaped by a long-standing riparian rights system, which differs significantly from the “first in time, first in right” doctrine common in the West.

“reasonable use“

Western US Water Law

shaped by scarcity, historical settlement patterns, and a legal doctrine designed to allocate limited water fairly. The dominant framework is the Prior Appropriation Doctrine, which governs most of the arid West.

“first in time, first in right”

Aquifer

a permeable geologic formation, either rock or sediment, that when saturated with groundwater is capable of yielding, storing, or transporting a usable amount of water thru the formation

(wells connect to aquifers)

Confining Layer

the geological material through which significant quantities of water cannot move; located below unconfined aquifers, above and below confided aquifers

Sole Source Aquifer

an aquifer which supplies at least 50 percent of the drinking water consumed in the area overlying the aquifer

Water Table

the surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere; defined by the level where water within an unconfined aquifer stands in a well