NEPA
The Greatest Influence on Environmental Management
Since
1970 the National Environmental Policy Act (NEPA) has been
the national charter for protecting the environment. It is
the basis of environmental policy for most states,
including Washington, and internationally it is regarded as
a model for upholding intergenerational equity and avoiding
the Tragedy of the Commons. Consequently, local
jurisdictions and common interest developments either
implicitly or explicitly follow the philosophy and
rationale of NEPA.
A "proposed action" refers to any modification of the
environment, or the creation or modification of anything
that effects the environment. NEPA affects all federal
agencies and actions, and therefore falls within the
President's Council on Environmental
Quality.
More specific information can be found at
NEPAnet.
See also Washington's State Environmental Policy Act
(SEPA).
Regulations define the effects (=impacts) that must be
addressed and considered in satisfying the requirements of
the NEPA process, which includes direct, indirect and
cumulative impacts:
"Effects" include:
(a)
Direct effects,
which are caused by the action and occur at the same time
and place.
(b)
Indirect effects,
which are caused by the action and are later in time or
farther removed in distance, but are still reasonably
foreseeable. Indirect effects may include growth inducing
effects and other effects related to induced changes in the
pattern of land use, population density or growth rate, and
related effects on air and water and other natural systems,
including ecosystems.
(c)
Cumulative impacts result
from the incremental impact of an action when added to
other past, present, and reasonably foreseeable future
actions, regardless of what agency (Federal or non-Federal)
or person undertakes such actions. Cumulative impacts can
result from individually minor but collectively significant
actions taking place over a period of time.
Present
Action
Effects
and
impacts, as
used in these regulations, are synonymous. Effects includes
ecological (such as the effects on natural resources and on
the components, structures, and functioning of affected
ecosystems), aesthetic, historic, cultural, economic,
social, or health, whether direct, indirect, or cumulative.
Effects may also include those resulting from actions which
may have both beneficial and detrimental effects, even if
on balance the agency believes that the effect will be
beneficial.
Significance
of Environmental Impacts
According
to the President's Council on Environmental Quality (CEQ)
regulations, the determination of a significant impact is a
function of both
context and
intensity.
Context:
This means that the significance of an action must be
analyzed in several contexts such as society as a whole
(human, national), the affected region, the affected
interests, and the locality. Significance varies with the
setting of the proposed action. For instance, in the case
of a site-specific action, significance would usually
depend upon the effects in the locale rather than in the
world as a whole. Both short- and long-term effects are
relevant.
Intensity:
This refers to the severity of impact. Responsible
officials must bear in mind that more than one agency may
make decisions about partial aspects of a major action. The
following should be considered in evaluating intensity:
1. Impacts that may be both beneficial and
adverse. A significant effect may exist even if the Federal
agency believes that on balance the effect will be
beneficial.
2. The degree to which the proposed action
affects
public health or safety.
3. Unique characteristics of the
geographic area such as proximity to
historic or cultural resources,
park lands, prime farmlands, wetlands, wild and scenic
rivers, or ecologically critical areas.
4. The degree to which the effects on the
quality of the human environment are likely to be
highly controversial.
5. The degree to which the possible
effects on the human environment are highly uncertain or
involve unique or unknown risks.
6. The degree to which the action
may establish a precedent for future actions
with
significant effects or represents a decision in principle
about a future consideration.
7. Whether the action is related to other
actions with individually insignificant but cumulatively
significant impacts. Significance exists if it is
reasonable to anticipate a cumulatively significant impact
on the environment.
Significance cannot be avoided by terming an action
temporary or by breaking it down into small component
parts.
8. The degree to which the action may
adversely affect districts, sites, highways, structures, or
objects listed in or eligible for listing in the National
Register of Historic Places or may cause loss or
destruction of significant scientific, cultural, or
historical resources.
9. The degree to which the action may
adversely affect an endangered or threatened species or its
habitat that has been determined to be critical under the
Endangered Species Act of 1973.
10. Whether the action threatens a
violation of Federal, State, or local law or requirements
imposed for the protection of the environment.
To determine significance, the severity of the impact must
be examined in terms of the type, quality and sensitivity
of the resource involved; the location of the proposed
project; the duration of the effect (short- or long-term)
and other consideration of context. Significance of the
impact will vary with the setting of the proposed action
and the surrounding area (including residential,
industrial, commercial, and natural sites).
NEPA significance is a primarily factor in determining the
type of environmental document and process to use for a
particular project. To determine the appropriate class of
action and the requisite level of documentation necessary
to comply with NEPA, it is essential to understand the term
"significance" and the process for its
determination.