0006.8 - Technical Exhibit - 6.43 - Picatinny Guidance and Implementation-NEPA.PDF

U.S. Army Garrison Picatinny Arsenal

Environmental Affairs Division

Picatinny Arsenal, New Jersey 07806-5000

1 November 2011

NEPA GUIDANCE AND IMPLEMENTATION AT PICATINNY ARSENAL

What is NEPA?

The National Environmental Policy Act (NEPA) is a procedural law with the goal of incorporating environmental considerations into federal actions. The purpose of NEPA is to allow Installation management to make informed decisions based on applicable and appropriate information for proposed actions and viable alternatives with regard to potential environmental impact. NEPA does not dictate the alternative to be selected;

NEPA is the process to identify the consequences of each alternative. NEPA is applicable to all federal actions including any undertaking that involves federal property, funding, or other resources. The regulation that governs the NEPA requirements for the

Department of the Army is found in 32 Code of Federal Regulations (CFR) 651, dated

March 29, 2002.

Scoping

The proponent has the responsibility to schedule a scoping meeting early in the planning process of a project with the Environmental Affairs Division to determine the level of review that will be needed and to direct the environmental impact analysis to be performed. The scoping meeting should be held as soon as there is sufficient information to identify potential areas of environmental concern and regulated issues. The scoping process is critical in the successful preparation of a focused and concise document.

Levels of NEPA Documentation

The three levels of NEPA review are the categorical exclusion, environmental assessment, and environmental impact statement. Each of these NEPA documents is discussed further below:

Categorical Exclusion

a. NEPA regulations allow actions that do not have the potential to have an effect on the environment to be categorically excluded. These categorical exclusions provide relief from conducting environmental analysis for the proposed action. A Record of Environmental Consideration (REC) is typically required to document the decision to use the categorical exclusion.

b. The REC is not required to be made available for public review and comment, but is maintained in the project file.

c. The REC is typically one to two pages in length and is usually completed within two weeks.

d. Before using a categorical exclusion, the proposed action must pass the screening criteria outlined per regulation. The screening criteria are extraordinary circumstances or conditions that may be affected by the proposed action.

Environmental Assessment

e. An environmental assessment (EA) is an environmental analysis of the potential impacts of a proposed action and feasible alternatives. The analysis provided in the EA leads to the determination as to whether the action will have a significant impact on the environment. A Finding of No Significant

Impact (FNSI) is prepared if the action will not significantly affect the environment. Otherwise, a Notice of Intent to proceed with an environmental impact statement would be prepared.

f. The draft FNSI must be made available for public comment for 30 days before the document is considered final. The FNSI may either summarize the findings of the analysis presented in the EA or have the EA as an attachment.

The public interaction NEPA requirement is satisfied by publishing a Notice of Availability in local (or other locations of concern) newspapers and providing copies of the documents to areas of public access such as local libraries. All EA’s are also posted on the Army repository website at https://aero.apgea.army.mil.

g. The EA should be no more than 25 pages in length, with the actual length determined by the complexity of the project. It normally takes 3 to 9 months to complete the EA process, including the 30-day public comment period.

(NOTE: Prior approval must be obtained from the Environmental Affairs

Division if the proponent expects the length of the EA will exceed 25 pages.)

h. If the analysis provided in the EA shows the environmental impacts to be significant, an Environmental Impact Statement is prepared. Mitigation measures may be put in place to reduce the impact and lead to a finding of no significant impact. Mitigation used to reach a FNSI condition must be funded and implemented.

o Mitigation measures include:

Avoiding the impact altogether by not taking certain parts of the action

Minimizing impacts by limiting the degree or magnitude of the action and its implementation

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action

Compensating for the impact by replacing or providing substitute resources or environments.

https://aero.apgea.army.mil/

Environmental Impact Statement

i. An Environmental Impact Statement (EIS) is prepared when impacts to the proposed action are found to be significant to the environment. A notice of intent is prepared to notify the public of the significant impact to a proposed action.

j. The EIS is vital to interact with the public and formal project scoping is required.

k. The EIS should not exceed more than 150 pages in length and normally takes at least one year to complete. More complex actions may be 300 pages in length.

l. Each EIS must be coordinated through the U.S. Army Environmental

Command who has the responsibility to facilitate services for the Initial Scope of Work Planning Package (ISOWPP). (NOTE: An ISOWPP is not required for an EA but may be requested by the Garrison Commander or environmental manager for major EAs)

NEPA DOCUMENT FORMATS

I. Record of Environmental Consideration

a. A REC is prepared when a proposed action is categorically excluded or when the action is adequately addressed in an existing finalized EA or EIS.

b. The general components of a REC are as follows (see attached for REC template):

i. Project title

ii. Project description

iii. Anticipated date and duration the action

iv. Qualification for use of the Record of Environmental Consideration

II. Environmental Assessment

a. Purpose and Need for the Proposed Action

i. Identify why the project is required. What is the real driver? This should include considerations such as project function and the importance to the mission, cost savings, safety concerns, upgrade, etc.

ii. Identify site requirements such as size, location, etc. Specify the minimum requirements to be met in order to determine the feasibility of alternatives

iii. Include the decision that is being made. This decision is typically whether to move forward with the proposed action or the alternatives being considered.

iv. Identify the required permits arising from implementing the project

b. Description of the Proposed Action

i. Describe the actions necessary to implement the project, i.e.

construction, renovation, utility hook-up, and the activities to be performed once operational.

c. Alternatives Considered

i. At a minimum, the “no action” alternative must be addressed. The “no action” alternative is defined as the status quo condition. Although this alternative may be deemed unacceptable based on project requirements, the impacts must be addressed throughout the document along with the proposed action.

ii. Reasonable alternatives:

1. meet the mission need and objectives

2. are technically feasible

3. are economically feasible

4. make sense

iii. Alternatives should address alternate designs, site locations, etc. when establishing the selection criteria.

iv. Briefly describe alternatives that have been eliminated from further study and the rationale.

v. Include the “preferred alternative” as the proposed action. This alternative is discussed throughout the remainder of the EA.

vi. Address any other viable alternatives and the associated impacts throughout the document.

d. Affected Environment

i. Discuss the site-specific baseline conditions of the relevant environmental resources (air, water, noise, soils and land use, etc.) that would be affected if the project or alternatives are implemented

ii. Discuss the condition of the environmentally sensitive areas, i.e.

wetlands, threatened and endangered species, and cultural resources.

Include the proximity of the nearest environmentally sensitive area, if one exists in the vicinity of the proposed site location.

iii. Discuss other operations/activities located near proposed site locations that could lead to a cumulative impact.

e. Environmental Consequences of the Proposed Action and Alternatives

i. Address the anticipated impact of the proposed action and viable alternatives to each potentially affected environmental media.

ii. Discuss the energy requirements and the consequences of providing the connection.

iii. Discuss both direct and indirect effects. Direct effects are immediate.

Indirect effects become an issue over time but occur as a result of the implemented actions or alternatives.

iv. Address cumulative impacts with regard to past, present, and foreseeable future actions.

v. Specify mitigation measures that will be used to limit the impact of the proposed action or alternatives.

f. Summary

i. Briefly summarize the content of the EA by discussing the proposed action and alternatives and the associated potential impacts.

ii. Specify whether the impacts identified through analysis will allow for a Finding of No Significant Impact or whether the impacts are such that even through mitigation a FNSI is not warranted.

g. List of Preparers

i. Identify individuals that contributed to the preparation of the EA and the qualifications for each.

h. List of Agencies and Persons Consulted

i. Identify agencies or people consulted in preparation of the EA and the expertise for which the consultation was required.

III. Finding of No Significant Impact (The FNSI should be 2-3 pages in length)

a. Description of Proposed Action and Alternatives Considered

i. Briefly summarize the proposed action and alternatives, to include what is to be done, when it will be done, and why the action is needed.

b. Anticipated Environmental Effects

i. Briefly summarize the anticipated environmental effects of the action and alternatives. This section should address mitigation measures, if any, that will be used to reduce potential environmental impact.

c. Facts and Conclusions Leading to the FNSI

i. Briefly discuss the conclusions reached through the environmental analysis documented in the EA.

ii. State that the action and alternatives will not have a significant effect on the environment which has facilitated the preparation of the FNSI.

IV. Environmental Impact Statement

a. The EIS follows a similar format to that of the EA. The exact format is determined through formal scoping meetings that determine which issues are the most relevant and thereby require the most scrutiny.

V. Consequences of Violating NEPA

a. Agencies not following the procedures of NEPA are subject to delays or work stoppages by court order if a lawsuit is filed against the action.

b. Agencies are free to select any adequately addressed and analyzed alternative as long as the decision-makers are aware of the consequences of the selection.

VI. Signature Authority

a. Records of Environmental Consideration – These documents will be signed by the proponent and the Chief of the Environmental Affairs Division.

b. Environmental Assessments – These documents will be signed by the project proponent, Chief of the Environmental Affairs Division, Installation security, legal office, and the Installation Garrison Commander. The subsequent

Finding of No Significant Impact will also be signed by the Garrison

Commander once the 30-day public comment period has passed and all review comments resolved.

c. Mitigated Environmental Assessments – In addition to the signatures outlined above for EAs, mitigation with an aggregate life cycle cost over $100,000 requires approval by the IMCOM Region Director prior to final signature of the FNSI.

d. Environmental Impact Statements – Final EISs will be signed by the

Installation Garrison Commander and the IMCOM Installation Environmental

Officer. The final Record of Decision will be signed by the Executive

Director or Deputy Commanding General, HQ IMCOM.

NEPA DOCUMENT COMPONENTS

I. Conformity Reviews

a. Conformity reviews are subject to all levels of NEPA documentation, as long as there is air pollutant emissions associated with the action.

b. Federal agencies are required to show that their actions conform to the State

Implementation Plan (SIP) to comply with the Clean Air Act.

c. A conformity review must be performed whenever a Federal action creates air pollution in a region that has been designated as a non-attainment or maintenance area for one or more National Ambient Air Quality Standards

(NAAQS). Picatinny Arsenal is in a non-attainment area for ozone, thereby triggering the need for conformity reviews.

d. The two possible conclusions of the conformity review are either that evaluated actions are determined not to be subject to the general conformity rule or actions are subject to the full regulatory analysis because air pollutant emissions are expected to have a negative effect on the State’s ability to comply with its SIP. Most Army actions fall under the first case and a Record of Non-Applicability (RONA) is prepared.

e. A RONA is a short (typically one page), written document that shows the proposed action has been reviewed properly and the determination of non-applicability is well supported.

II. Valued Environmental Components (VEC)

a. Valued environmental components refers to the resource category

(environmental media) being analyzed. The analysis of the VEC’s is important to focus the discussion and assessment of impacts in the NEPA documentation.

b. The VEC table lists the environmental media that may be affected by the proposed action and alternatives and assigns the expected level of impact.

Media areas of low potential impact should be addressed briefly in just a few lines of discussion to show consideration was made for that particular area.

Moderate or greater potential impacts should be analyzed in enough detail to determine the impacts on a particular environmental area or multiple areas.

SITE SPECIFIC GUIDELINES (PERMITS, PLANS, and REQUIREMENTS)

I. Land Management

a. Soil Erosion and Sediment Control – Land disturbance of at least 5,000 square feet require submittal and approval of a Soil Erosion and Sediment Control

Plan from the Morris County Soil Conservation District.

b. Flood Hazard Area – In accordance with N.J.A.C. 7:13, any development, or vegetative disturbance in a floodplain or within 300 feet from the top of the channel bank or water body may require a Flood Hazard Permit. The applicability is determined by the Environmental Affairs Division.

c. Wetlands – In accordance with N.J.A.C. 7:7A-2.2, any project within 150 feet of a wetland may require a wetland permit from the NJDEP.

d. Storm Water – Any development disturbing more than 1 acre or increasing the impervious area by more than ¼-acre is subject to storm water control regulations.

II. Natural Resources – Tree cutting is prohibited between April 1 and November 15 in accordance with the Endangered Species Management Plan for the federally listed Indiana bat.

REFERENCES

1. IMCOM Circular 200-10-1, Environmental Planning, National Environmental Policy

Act (NEPA) Practices and Procedures, 22 November 2010.

2. 32 CFR Part 651, Environmental Analysis of Army Actions; Final Rule, March 29, 2002.

3. NEPA Analysis Guidance Manual, U.S. Army Environmental Center, May 2007.

VALUED ENVIRONMENTAL

COMPONENTS FOR ANALYSIS

Valued Environmental

Component

Level of Analysis (based on expected level of impact)

Aesthetics

Airspace

Noise

Traffic and Transportation

Facilities

Wetlands

Threatened and Endangered

Species

Safety

Recreation

Environmental Justice

Socioeconomics

Soil Contamination

Hazardous material/Hazardous Waste

Soil Erosion

Cultural Resources

Water Resources

Air Quality

Solid Waste

Floodplains

Stormwater

DEPARTMENT OF THE ARMY

U.S. ARMY RESEARCH, DEVELOPMENT AND ENGINEERING CENTER

(ARDEC)

PICATINNY ARSENAL, NEW JERSEY 07806-5000

RECORD OF ENVIRONMENTAL CONSIDERATION

TITLE:

DATE:

Proponent: _______________________________ Date: ______________

Name

Title

IMPI-PWE: ________________________________ Date: ______________

Thomas J. Solecki

Chief, Environmental Affairs Division

TITLE:

DATE:

DESCRIPTION OF PROPOSED ACTION:

ANTICIPATED DATE AND/OR DURATION OF PROPOSED ACTION:

It has been determined that the action as stated below:

Qualified for Categorical Exclusion, 32 CFR 651, Appendix B, Section II ______, and no extraordinary circumstances exist as defined in Section 651.29.

ENVIRONMENTAL QUALITY CONSIDERATION

Proponent:

1. Concise description of the proposed project:

2. Does proposal conform with installation Master Plan?

______ yes _____ no (Discuss)

3. Would the proposed project alter land use on the installation?

_____ yes (Discuss) ______ no

4. Prior use and condition of the property and/or equipment involved:

5. Proposed use of the property, equipment, and/or completed project: