Projects focused on environmental technology and sustainability, improving infrastructure, and strengthening the supply chain are often eligible for federal project development grants, funding, and loan guarantees. Projects must comply with a federal law known as The National Environmental Policy Act (NEPA) to receive these funds.
What are the National Environmental Policy Act Regulations?
NEPA was enacted by Congress in December 1969 and signed into law on January 1, 1970, by President Nixon. Primary responsibility is vested in the Council on Environmental Quality (CEQ). NEPA “requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions.” Thus, NEPA applies to a wide range of federal actions that include, but are not limited to, federal construction projects, plans to manage and develop federally owned lands, and federal approvals for non-federal activities such as grants, licenses, and permits.
Under this law, the NEPA process must be completed for all capital projects funded wholly or partially with awards, loans, or grants through, for example, the United States Department of Agriculture (USDA), Department of Energy (DOE), Federal Aviation Administration (FAA), the Defense Industrial Base Consortium (DIBC), or any other federal government agency.
The law and its requirements remain complex; however, environmental engineers have become well-versed in its nuances and can help clients navigate the process with the applicable federal agency.
How Do I Know if NEPA Regulations Apply to My Project?
Applicability is related to the federal funding nexus rather than the project type. As such, greenfield sites, brownfield sites, and expansions of existing operations are all held to the same requirements under National Environmental Policy Act regulations.
Ideally, analysis should begin in the pre-engineering phase of the project. The earlier you start this process, the easier it is to identify the potential environmental effects of your project and report on how you will address them to mitigate the impact.
What Can I Expect During the Assessment?
After reviewing your project proposal, an environmental engineer performs a pre-environmental assessment to outline the environmental topics that need reviewing and the state and federal permits that apply to your project. This process should be thorough and is necessary for identifying all potential project risks.
Pinnacle Engineering’s team helps you gather the necessary information through the engineering and project development process to ensure you have everything required for the NEPA assessment report. The tasks typically include reviews such as:
- Phase I and II Environmental Site Assessments
- Wetland Delineation
- Threatened and Endangered Species
- Cultural and Historical
- Water Resources
- Soils and Prime Farmland
- Air Quality and Waste Management
- Socioeconomics and Environmental Justice
The initial assessments are followed by in-field reviews to verify the existence and severity of environmental issues. Any issue deemed a significant environmental impact can threaten your project approval and the issuance of federal funding. For this reason, we cannot stress enough the importance of conducting an environmental review during pre-engineering and working with a qualified firm experienced in NEPA work.
Once your issues are verified and it is confirmed your project does not create a significant environmental impact, your consultant will develop a detailed schedule for data collection and permit applications. The remainder of the NEPA review then goes forward.
What Happens if a Major Environmental Impact Is Identified?
More commonly, the issues identified during NEPA preparation are considered minor obstacles rather than significant environmental impacts. In these cases, additional assessments are required to collect further details and report on how you plan to mitigate these issues before starting the project.
In the rarer cases where there is a finding of significant environmental impact, you are required to submit an Environmental Impact Statement (EIS). This process involves a more extensive investigation of the issue that adds time and expense to your project. In many cases, an EIS finding would be considered a fatal flaw; the environmental obstacles and public review process are significant enough that the project is often deemed non-viable.
Finalizing and Submitting Your NEPA Report
Environmental engineering consultants compile the data and permits and prepare the NEPA environmental assessment report, but your agency will be responsible for submitting it for review and public comment.
After the NEPA analysis is complete and you secure funding, we recommend keeping an engineering consultant involved to periodically monitor construction. There are instances where project details you permitted during pre-engineering do not match up perfectly with the final engineering. In these cases, it is critical to report on the changes made and have them approved by state and federal agencies. Consultants also act as representatives when engaging with state and federal agencies.
Pinnacle Engineering operates on the project development side of NEPA regulations compliance, overseeing pre-engineering due diligence and helping federal agencies prepare their reports for submission. Contact us to request a consultation.