National Environmental Policy Act (NEPA)

Primary POC
(858) 577-6115

The National Environmental Policy Act (NEPA) is the basic national charter for the protection of the environment and requires Federal decision-makers, at all levels, to consider the environmental consequences of a proposed action in the decision-making process before deciding to take an action.  Furthermore, NEPA requires decision-makers to involve the public in the decision making process. MCAS Miramar uses the EMSolution NEPA Manager  to initiate, document, and track NEPA requests.

NEPA is a procedural law that requires full public disclosure of environmental impacts, alternatives, and mitigation measures expected from proposed actions.  In reviewing an action for environmental considerations, the action sponsor and the decision-maker must determine applicability and requirements of environmental laws such as the Clean Water Act (CWA), Endangered Species Act (ESA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), etc., and factor these requirements into the overall decision to conduct an action.  Measures needed for compliance with these other requirements may be accomplished as part of the NEPA process or as separate actions(sometimes being completed after NEPA).  Actions subject to NEPA include all new and some continuing activities, including projects, exercises and programs entirely or partly funded, assisted, conducted, regulated or approved by a federal agency.  Typical actions may include implementation or approval of specific projects, such as construction or management activities located aboard MCAS Miramar (e.g., MILCON projects, public/private venture projects, special projects, and land acquisition) as well as training events and routine maintenance.

Chapter 12 of MCO P5090.2A establishes specific policies, procedures and requirements to be followed in order to comply with NEPA. Key among these are:

(1) Establishing a command Environmental Impact Review Board (EIRB) consisting of a cross section of command personnel, including both environmental and legal staff in Reference (d).

(2) The designation of an individual responsible for approval and signature of decision memorandum, for actions identified as a Categorical Exclusion (CATEX).

(3) The prompt submission of Finding of No Significant Impacts (FONSI) and minutes of EIRB meetings to the CMC (LF).

(4) Conducting analysis on the environmental effects of current and proposed actions per regulations issued by CEQ (40 CFR 1500-1508) and DON (32 CFR 775).

(5) The encouragement of appropriate public participation in the environmental evaluations of projects or programs.

(6) The inclusion of environmental analysis and the NEPA process at the initial planning stages and at each following procedural step or decision milestone in the development of a project or program.

(7) Ensuring that the administrative record supporting the NEPA process for the proposed action is assembled and maintained.

  3. Terms and Definitions:  NEPA terms and definitions are provided in Paragraph 12105 of Chapter 12 of MCO P5090.2A

4. Responsibilities: Chapter 12, Section 3 of Chapter 12 of MCO P5090.2A  identifies responsibilities under NEPA.  Specific responsibilities for action sponsors; staff sections; commanders stationed or operating aboard MCAS Miramar; resident and non-resident federal agencies, and non-federal agencies, organizations and individuals operating aboard MCAS Miramar for complying with the NEPA planning and documentation process are identified in NEPA Station Order.

5. Timeframes and Milestones:  Typically, the time required to complete the NEPA process and documentation (including supporting resource surveys and studies) ranges from several weeks for Categorical Exclusions to several years for Environmental Impact Statements.  Environmental Assessments can take from two(2) months to two(2) years, depending on their complexity.  The early initiation of the NEPA process will allow action sponsors to adequately plan for the effort required or identify alternatives which may require a lesser level of review and documentation.

6. Action:

a.  The requirements of Chapter 12 of MCO P5090.2A apply to all actions which may have an impact on the human environment (i. e., those which may result in a change to the physical environment; social and economic impacts alone are not sufficient to trigger NEPA).  Any action meeting the NEPA threshold must be documented in accordance with the procedures established in enclosures (2) and (3), unless the action is exempt from NEPA documentation in accordance with Chapter 12 of MCO P5090.2A, Section 1, paragraph 12104.1.

b.  The command that is proposing to conduct an action (referred to as action sponsor) has primary responsibility for the development, funding and staffing of environmental documentation.

c.  Any command/staff section planning to conduct an action, activity or project shall complete and submit to Environmental Management Department (EMD) a MCAS Miramar NEPA Review Request Form in Enclosure (4) to assist in determining the level and detail of NEPA required.  The request form is available from the EMD’s Environmental planner in an electronic format.  The NEPA Review Request Form shall be completed with an emphasis on providing:

(1)  A clear, concise, and detailed description of the proposed action, the need and purposes (objectives) for the action, and its expected results (Informal consultation with EMD is highly encouraged to best identify the requirements to be addressed in the project description.).

(2)  A brief description of alternatives considered, including the reasons for eliminating them from further consideration.

(3)  A description of the likely results of canceling the proposal (e.g., “no action” alternative) and not meeting the need for action.

(4)  A brief description of potential adverse impacts that might result from engaging in the proposed action or any of the alternative actions considered.

(5)  Identification of any controversial aspects of the project, including a list of the supporters and likely opponents of the proposed action and alternatives.

(6)  A list of the names of persons and organizations familiar with the proposal.

(7)  A description of any associated support or facility requirements that would be necessary to accomplish the proposed action and any other connected actions, similar actions, or cumulative impact.

(8)  A description of federal or non-federal entities with specific expertise that should be considered for designation as cooperating agencies.

d.  The station staff section with cognizance over the proposed action (lead department) will review the proposed project for compliance with other station regulations and policies (e.g. construction projects are reviewed by the S-4 I & L Department, training activities are reviewed by the S-3 Operations Department) prior to starting formal NEPA documentation.

e. After obtaining the lead department approval, a preliminary review will be conducted by MCAS Miramar EMD to assist the action sponsor in determining the level of NEPA required and in initiating the NEPA review process.

• U.S. EPA - National Environmental Policy Act (NEPA)

• NEPA SOP encl 2Procedures 06232006.doc
• NEPA SOP encl 3Flowchart04172006.ppt

• NEPA checklist encl 4 04172006.doc