SOW NEPA EA for Closure of East Lansing ADOL.docx

United States Department of Agriculture Agricultural Research Service

STATEMENT OF WORK

Conduct Environmental Assessment for the Closure of the Avian Disease Oncology Laboratory

USDA ARS

4279 E. Mount Hope Rd

EAST LANSING, MI 48823

STATEMENT OF WORK

Environmental Assessment

1.0 CONTRACT PROJECT:

0. Project Title:

National Environmental Policy Act (NEPA) Environmental Assessment (EA) for Closure of USDA Agricultural Research Service (ARS) East Lansing, MI Avian Disease Oncology Laboratory (ADOL).

0. Project Location:

USDA ARS

Avian Disease And Oncology Lab 4279 E. Mount Hope Rd

EAST LANSING, MI 48823

2.0 PROJECT CONTACT PERSONS:

a. CONTRACTING OFFICER (CO):

TBD

b. LOCATION ADMINISTRATIVE OFFICER (AO):

Ms. Charlotte Gilman U.S. National Poultry Research Center 950 College Station Road Athens GA 30605

(706) 546-3029 Charlotte.Gilman@USDA.GOV

c. LOCATION POINT OF CONTACT: (LPOC) Mr. Nick Chaplinski U.S. National Poultry Research Center 950 College Station Road Athens GA 30605

(706) 546-3407 Nick.Chaplinski@USDA.GOV

d. SAFETY AND ENVIRONMENTAL MANAGER David Daniels

USDA ARS SEA

125 Jennings Mill Pkwy Athens GA 30606

(706) 248-8194 David.Daniels@USDA.gov

e. ENGINEERING PROJECT MANAGER (EPM) Kevin Magee, P.E., Engineering Project Manager USDA, ARS SEA Facilities Engineering P.O. Box 38, 141 Experiment Station Road Stoneville, MS 38776 Office: (662) 686-5289 Cell: (662) 336-0712 Kevin.Magee@usda.gov

3.0 SCOPE OF SERVICES:

The Contractor shall provide all professional services necessary for the accomplishment of the contract project and such required services shall be in accordance with requirements as described herein.

1. The Contractor shall provide services for the following tasks marked by an “X”:

[X] Conduct and prepare a written Environmental Assessment (EA) for the Closure of the Avian Disease Oncology Laboratory project. Services to be performed by the contractor under this contract shall conform to all applicable requirements and criteria including but not limited to those indicated in the following handbooks and publications, and their latest issues and changes to date:

1. National Environmental Policy Act (NEPA), 40 CFR 1500-1508

2. USDA NEPA regulations at 7 CFR 1b, and ARS NEPA regulations at 7 CFR 520

3. ARS P&P 242.1, Chapter 1.3

4. ARS Environmental Assessment Template, inserted beginning on page 6 of this document.

5. All applicable national and local codes and regulations.

b. The Contractor shall coordinate the Onsite evaluation with Mr. Nick Chaplinski, starting with a “Kick-Off” Meeting. Onsite evaluation should occur once awarded.

4.0 PROJECT REQUIREMENTS:

4.1 NEPA Environmental Assessment (EA)

The United States Department of Agriculture (USDA), Agriculture Research Service (ARS), Southeast Area, (SEA) requires environmental assessment services for the Closure of the Avian Disease Oncology Laboratory project at the East Lansing, Michigan Worksite.

The Contractor will coordinate with Federal, State and Local authorities knowledgeable about possible historical or archaeological resources to determine the exact number, nature, and extent of any resources that could be impacted by the project’s development. The EA should describe any specific conditions to be included in the Finding of No Significant Impact (FONSI) to comply with any historic and tribal preservation ordinances and any actions to be taken should any archaeological artifacts be discovered.

Environmental Assessment (EA) The Contractor will be responsible for preparing the EA in writing in the format of the ARS EA template. If at any point in the process, the Contractor determines that it may be prudent to instead move directly to an Environmental Impact Statement (EIS) due to anticipated significant environmental impacts, they will coordinate a teleconference/meeting with USDA to discuss this and obtain USDA concurrence.

At a minimum, the EA must consider two alternatives, the “Proposed Action” alternative and the “No Action” alternative.

Proposed Action Alternative Closure of ADOL East Lansing, MI Worksite

No Action Alternative This alternative describes the property and all actions USDA and the third party will take should the proposed project not occur.

NEPA Considerations The EA shall be written in the format of the ARS EA Template. At a minimum, the EA shall consider the following NEPA factors. Will the proposed project:

• Cause or contribute to soil erosion?

• Affect soil surface stability?

• Degrade water quality?

• Decrease aquifer yield or affect water rights?

• Affect aquatic life?

• Cause or contribute to flow variation in a stream or spring?

• Degrade the aesthetic properties and/or potential uses of either ground or surface waters?

• Affect chemical quality of ground or surface waters (pH, dissolved oxygen, nutrients, dissolved solids, pesticides, etc.)?

• Affect physical quality of ground or surface waters (suspended solids, turbidity, color, oil, temperature, etc.)?

• Cause odors or release odoriferous substances?

• Release toxic substances to the air in quantities that could affect human health or environmental quality?

• Release particulate matter to the air?

• Change local meteorological conditions or air movement patterns?

• Release substances for which there is a National Ambient Air Quality Standard (i.e., sulfur oxides, nitrogen oxides, carbon monoxide, lead, particulate matter, etc.)?

• Affect undisturbed natural areas or a wild and scenic river?

• Affect a known or potential cultural, historical or archeological site, district, or area? (A consultation with the State Historic Preservation Officer is required.)

• Affect game animals or fish or their taking?

• Affect rare, threatened, or endangered species, or a critical habitat?

• Affect species balance, especially among predators?

• Involve special hazards, such as radioactivity or electromagnetic radiation?

• Affect a wetland, flood plain, or the coastal zone?

• Affect local or regional systems related to: Transportation?

Water supply? Power and heating?

Solid waste management? Sewer or storm drainage?

• Affect local land use through effects on: Flood plains or wetlands?

Location land use? Aesthetics?

Access to minerals?

• Affect socioeconomic aspects of an area including: Population?

Housing supply or demand? Employment?

Commercial activities? Industrial activities?

Cultural patterns? Environmental justice?

• Cause or contribute to unacceptable noise level?

• Affect public health or safety?

• Involve incomplete or unavailable information related to reasonably foreseeable significant environmental effects.

• Affect the human environment in a manner that is likely to be controversial?

• Cause climate change?

• Cause impacts from energy usage or alternative energy?

Public Comment Period Once the NEPA documentation has been accepted by USDA, but prior to final approval, the public shall be afforded a comment period. The Contractor will prepare a notice for review and publication by USDA in notices for local newspaper(s). Copies for review shall be made available to the public at the local public library(ies) for a 30-day comment period.

The Contractor shall then develop preliminary responses to the public comments for USDA review and approval, making changes to the NEPA documentation if required.

Finding of No Significant Impact Concurrent with the first submittal of the revised EA, the Contractor shall prepare and submit a draft FONSI for consideration by USDA. The FONSI should incorporate the information obtained during the analysis into a summary and document USDA’s rationale for the decision. The document must clearly identify mitigation measures, if any, and address how mitigation will be conducted, enforced and measured.

Signature Upon final USDA approval, the ARS Area Director will sign the FONSI. The Contractor will also prepare and publish notices for local newspaper(s) with copies of the final documents (i.e., EA, FONSI and responses to public comments) made available to the public at the local public library(ies) for 30 days.

[footnoteRef:1] [1: ] Prepared By:

Draft Environmental Assessment Project Name Location Name Physical Address

U.S. Department of Agriculture Agricultural Research Service Date

Agricultural Research Service (ARS) Environmental Assessment (EA) Template

Purpose of this document:

This document serves as an EA template that can be used for all ARS activities (e.g., construction, renovation, maintenance, research, real property) that require an EA. This document is intended to streamline the planning process by providing standard language in some sections, links to critical resources, and direction for analysis and review. This document will also help standardize ARS EAs, which will help decrease the time required for preparation and review.

Who should use this document?

This document is primarily intended for those responsible for preparing EAs, including ARS NEPA Practitioners and third parties supporting ARS NEPA processes.

How to use this document?

An EA can be prepared within this EA template. The ARS NEPA Guidance document should be used in conjunction with this template. Resources provided in the ‘Information Sources’ tables are not comprehensive – oftentimes, states will have more reliable geospatial datasets that can be referenced. After preparing the EA, the document should be checked for Section 508 compliance, consistent with USDA requirements.

Directions for how to use this EA Template.

Table of Contents

[Acronyms should be removed/added as needed for each individual EA.] Acronyms

List of Figures [Insert list of figures]

List of Tables [Insert list of tables]

1 Purpose and Need

1.1 Purpose of the Environmental Assessment

This Environmental Assessment (EA) is being prepared to evaluate the effects associated with this proposed action and complies with the National Environmental Policy Act (NEPA) in accordance with Council on Environmental Quality regulations (40 CFR 1500-1509) and Department of Agriculture (7 CFR 1b) and Agricultural Research Service (7 CFR 520) implementing procedures.

The purpose of this EA is to evaluate the potential environmental impacts of [Insert brief description (~1 sentence) of proposed action – see example text below].

Example:

The purpose of this EA is to evaluate the potential environmental impacts of constructing several greenhouses at one location to conduct greenhouse research investigating pest management techniques on fruit tree pests.

NEPA requires that federal agencies consider the effects of a proposed action and any reasonable alternatives on the human environment. This EA evaluates the impacts of actions resulting from the implementation of the proposed action as compared to the No Action alternative. [Insert additional alternatives here if being considered for the analysis]. The information presented in this document will serve as the basis for deciding whether implementing the proposed action would result in a significant impact on the environment, requiring the preparation of an Environmental Impact Statement or that no significant impacts would occur, which would therefore result in a Finding of No Significant Impact (FONSI).

1.2 Background

The Agricultural Research Service (ARS) is the U.S. Department of Agriculture’s (USDA) chief scientific in-house research agency. ARS delivers scientific solutions to national and global agricultural challenges. ARS provides scientific tools and innovative solutions for American farmers, producers, industry, and communities to support the nourishment and well-being of all people, sustain the Nation’s agroecosystems and natural resources, and ensures economic competitiveness and excellence of the Nation’s agriculture. Approval of projects (e.g., research, construction, real property) requires ARS to comply with the National Environmental Policy Act (NEPA).

[If the EA is analyzing a project/activity for a particular ARS location office (e.g., New England Plant, Soil, and Water Research Laboratory), this section should also include some specifics related to that ARS location.]

1.3 Purpose and Need

[Insert text] Questions to consider when defining the purpose and need

· Why is the action being proposed?

Components of this question

· Purpose: A concise statement of the objective that you are trying to achieve. What is the desired outcome? The defined purpose must be specific to the goal of the project, but general enough to allow for the consideration of reasonable alternatives.

· Need: A brief description of the problem you are trying to address.

Example:

Fruit infestation due to pests can make fruit unfit for human consumption, affecting marketing yields and profits. The potential costs to the commercial fruit industry can be drastic, resulting in millions lost, which can significantly impact local and state economies. Given the negative economic impacts on these economies, research has shown the importance of establishing efficient pest control.

The Brown Marmorated Stink Bug parasitoid has been shown to affect tree fruit orchards adversely. Scientists currently do not have a solution to control these pests, which is why research is needed to test different pest management strategies. Efficient pest control is necessary to prevent future outbreaks. This research will allow scientists to test pest management strategies and will enable scientists to develop solutions that will save future tree fruit crops.

1.4 Incomplete and Unavailable Information

The Council on Environmental Quality regulations implementing NEPA (40 CFR 1502.21) require that an agency preparing a NEPA analysis indicate when information is incomplete or unavailable and explain the relevance of the missing information to the analysis. Statements to that effect have been included in this EA, where appropriate.

1.5 Public Notice and Participation

[Section 1.5 – Public Notice and Participation –This section should at a minimum speak to the Notice of Availability; however, if other public participation activities were conducted (e.g., scoping), these should be mentioned as well. If no public participation activities were conducted prior to the draft EA going out, this section should be left out of the draft EA and added back in for the final EA.] The Notice of Availability for the draft EA was published in the XX on XX, 2022. The draft EA was available upon request and comments were accepted for a period of thirty (30) days, from XX, 2022, to XX, 2022. XX comments were received. [Insert discussion on what comments were received (if any) and how they were addressed. Include information related to public controversy here (if applicable). This can also be done by adding an appendix to document comments and ARS’ responses.] Example:

The Notice of Availability for the draft EA was posted at the Black Lake Lodge, the local Post Office, and the Black Lake Grocery Store on July 15, 2022. Black Lake does not have a local newspaper or similar publication that adequately serves the project area, therefore the method of notice distribution that was selected was physical postings of the notice at community locations. This is a standard method of public notification used by the community. The draft EA was available upon request and comments were accepted for a period of thirty (30) days, from August 1, 2022, through the end of the day August 30, 2022. No comments were received.

2 Description of Alternatives

2.1 Alternative 1: Proposed Action

Under this alternative, ARS would approve funds for [Insert summary paragraph of proposed action – including any proposed construction, land acquisitions, and research].

Project Location [Insert text describing the project location] Questions to consider when defining the project location

· Where is the project occurring? Include an address and/or GPS coordinates.

· What is the general surrounding land use of the project location (e.g., near other research facilities or agriculture uses, located in a mixed-use or currently undeveloped area)?

· Is the piece of land where the project will occur leased or owned?

· What is the existing facility used for (if applicable)?

[Insert a map showing the location of the proposed action and/or the project footprint] Figure 2.1. Location of proposed activity. Source: XXX Construction Activities [Insert text] [Provide a paragraph describing in detail the specifics of the proposed construction and/or renovation activities. Provide specifications of the proposed/existing facility (e.g., building, greenhouse, enclosure) and/or the study area (e.g., field plots, watershed area of study). If the EA is being completed for research proposed at an existing facility or field location, and no construction or renovation activities will occur as part of the proposed action, this “Construction Activities” section should be omitted from Section 2.1.] Details to be included (list is not exhaustive)

· Proposed/existing facility footprint

· Facility plan design

· Facility/study area amenities (e.g., number and function of rooms, irrigation system, solar panel array, sidewalk)

· Demolition activities

· Site preparation activities, including the extent of ground disturbance and vegetation removal that may be required

· Building/foundation materials

· Existing parking lot/driveway specs and/or parking/driveway areas that need to be established as part of construction activities

· Utilities serving the existing facility and/or utilities that need to be established as part of the proposed action (e.g., heat, water, wastewater, electricity, phone, internet)

· Duration and timing of construction activities

· Construction equipment that will be used (e.g., excavator, motor grader, jackhammer)

· Figure showing construction drawings

Research Activities [Insert text if applicable] [Provide details related to research activities associated with the proposed action. If a facility is being built to house potential future research but no specific research project has been identified, this section should be used to outline the types of research activities that could occur in the facility/study area (see ARS Guidance for types of ARS research). If construction is occurring for a specific study, details for that study should be provided here. If the proposed action is not associated with research (e.g., office building), this “Research Activities” section should be omitted from Section 2.1.] Details to be included (list is not exhaustive)

· Description of study area

· Research activity type(s): Computer Modeling and Management Tool Development, Laboratory /Greenhouse Research, Human Subject Research, Field Plot Research, Watershed-scale Observation and Implementation

· Study design

· If specific research projects are unknown at this point, detail the type of studies and associated activities that may occur in the facility (e.g., DNA testing with subjects, aquaponic research for plant production)

· Primary research equipment (e.g., computers, mass spectrometer, drying ovens, grow lights)

· Details related to study targets (e.g., crop, plant, and animal species)

· If human subjects are part of the study design, details related to sample population (e.g., demographics, socioeconomic information, health)

· Utilities required for research (e.g., heat, water, electricity)

· Chemicals or potentially hazardous materials to be used (e.g., fertilizer, pesticides)

· Anticipated waste products and methods of managing

· Duration and timing of research activities

Operations [Insert text] [Provide a brief paragraph describing the operations that will occur at the proposed project location. This should include personnel that will work out of the proposed/renovated facility or location.] Example:

The greenhouse facility will be used for research projects focusing on crop health, including resistance to pests and diseases. The greenhouse will house two (2) research labs, each including a primary research scientist, a research assistant, and two research technicians.

2.2 Alternative ##: [Insert Alternative Action Name]

[This is a placeholder for other alternatives that will be analyzed as part of this EA. If included, the description of the alternative should include the same level of detail as the description of the proposed action alternative. Delete this section if only analyzing the proposed action and the No Action alternatives.]

2.3 Alternative 2: No Action

Under the No Action alternative, the proposed action to [Insert short sentence detailing the proposed action] would not be implemented. The proposed action would not be implemented, and [Insert explanation of what would occur if the proposed action were not implemented].

[If the No Action alternative includes staying at a current location or building, the applicant may choose to include a map of the location and/or a picture of the structure where activities would continue to occur.] Example:

Under the No Action alternative, the proposed action to research pest management techniques on fruit tree pests in orchard field plots would not be implemented. The proposed action would not be implemented, research investigating pest management techniques for fruit tree pest would not be conducted, and fruit tree pest would continue to limit fruit yields in the area.

3 Affected Environment and Environmental Impacts This section describes the existing conditions of the environmental resources that have the potential to be impacted by the proposed action. The Affected Environment includes the existing properties, land, and environmental resources in the area of the proposed action location. Boundaries of the Affected Environment are limited to the confined structures present at the locations where work under the proposed action would occur and the immediate surroundings. The boundaries of the affected environment are limited to a [insert description of how the Affected Environment was defined] (Figure X).

[Provide details explaining the boundaries of the affected environment. The boundaries of the Affected Environment will depend on the scale and scope of the proposed action. It is recommended that the Affected Environment be large enough to include those entities that could be affected (e.g., noise disturbance, visual disturbance, air quality disturbance) by the proposed action. If several alternatives exist, the Affected Environment for each of these alternatives should be defined.] [Insert an aerial map showing the location of the proposed action footprint and the Affected Environment boundary(s)] Figure X. Affected Environment boundary. Source: XXX Impacts to the Affected Environment for each resource area are analyzed in this chapter. The impacts of any construction or research activities associated with the proposed action will be included in this analysis. This chapter also describes the resource areas that have been dismissed from further analysis.

The impacts analysis review addresses the duration and intensity of the impact on the resource. The duration of the impact will include both short and long-term impacts. Impact intensity is the degree to which the proposed action would beneficially or adversely affect a resource. Impact intensities are quantified as negligible, minor, moderate, or significant. As part of the impacts analysis, mitigation measures and best management practices are identified to lessen the intensity of impact on some resource areas.

The following resources are considered in this EA:

[Remove those that are not included] Resources

Land Use, Zoning, Aesthetics

· Transportation and Parking

· Recreation

Utilities

· Energy

· Water Source and Sewer Capacity

Noise

Solid and Hazardous Waste

Air Quality

Geology, Topography, Soils

· Geology, Topography, Soils

· Farmland

· Geologic Hazards

Water Resources

· Surface Water

· Floodplains

· Wetlands

· Federally Protected Water Resources

Biological Resources

· Vegetation, Wildlife, Habitat

· Federally Protected Species

Cultural Resources

· Historic Districts, sites, buildings, structures

· Archeological resources

Environmental Justice

Socioeconomics

3.1 Resource Areas Dismissed from Analysis

[Delete this section if no resources are being dismissed from the analysis] The following resource areas have been dismissed from further analysis because the proposed action was found not to have any potential to impact these resources.

[Provide a brief paragraph explaining why each of the resources is being dismissed.] Example:

Water Resources:

Federally Protected Water Resources (Coastal Zones, Coastal Barrier Resource Systems, Wild & Scenic Rivers, and Nationwide River Inventory Rivers): The proposed action is in an inland location where coastal zone management regulations are not applicable. There are no federally protected water resources, including coastal resources, designated areas of the CBRS, Wild and Scenic Rivers, or river segments with NRI designation, within the Affected Environment. Therefore, the proposed action does not have any potential to impact Federally Protected Water Resources.

3.2 Land Use, Zoning, Aesthetics

Definition of the Resource

· Land use is defined as the way that people adapt the land to suit their needs. The top seven types of land use are: residential, transportation, commercial, agricultural, industrial, public use, and recreational (TA 2020).

· Zoning is defined as the division of a city or county by legislative regulations into areas, or zones, which specify allowable uses for real property and size restrictions for buildings within these areas (APA 2022).

· Aesthetics are defined as the visual environment of an area, including natural and artificial landscape features that make up a view. A landscape’s visual environment considers its visual character and visual quality (TRB 2004).

State Requirements: [Insert text] Affected Environment [Insert text] See Figure X for the identification of the buildings and structures located in the Affected Environment.

Questions to consider when defining the Affected Environment

· What is the current land use of the affected environment area?

· Are there recreational uses (including hunting) within the affected environment area?

· What are the current zoning requirements of the affected environment area?

· Are there any land use plans/restrictions at the local, regional, state, or federal level for the affected environment area?

· What are the current aesthetics of the area? This includes the natural and built visual components and considers the visual character and quality.

· Are there any current trends of the development/aesthetics of the area?

Information sources

· Local municipal/community plans

· State-level land use planning laws and resources

[Insert an aerial map showing the location of the proposed action footprint, Affected Environment boundary, and identify facilities/buildings within the Affected Environment] Figure X. Land use in the Affected Environment. Source: XXX Environmental Impacts Evaluation Criteria Impacts to land use and zoning would be considered significant if the alternative conflicts with any federal, state, local or tribal land use plans, if land-use patterns change due to the alternative, or if the alternative is noncompliant with local or tribal zoning.

Impacts on aesthetics would be considered significant if the existing visual character and/or quality is significantly degraded.

Alternative 1: Proposed Action Construction Impacts [Insert text] Research Activity Impacts [Insert text] Alternative ##: [Insert Alternative Action Name] [Insert text] Delete this section if there are only two (2) alternatives (i.e., ‘Proposed Action’, ‘No Action’).

If other alternatives are included in the analyses, placeholders for the impacts assessment of each alternative will need to be added to each Resource Area throughout the rest of this document.

Alternative 2: No Action [Insert text] Example:

Under the No Action alternative, the proposed action would not be implemented. There would be no changes to the area’s land use patterns, zoning, or aesthetics. Therefore, there would be no impacts on land use, zoning, or aesthetics under the No Action alternative.

3.2.1 Transportation and Parking

Definition of the Resource

· Transportation facilities are defined as any physical facility that moves or assists in the movement of people or goods which may include accessways, bicycle facilities, multi-use paths, pedestrian connection, or streets (APA 2022).

· Parking areas are defined as any public or private land area designated and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated area of public streets (APA 2022).

State Requirements: [Insert text] Affected Environment [Insert text] Questions to consider when defining the Affected Environment

· What transportation infrastructure is currently in the area (including public transportation and parking infrastructure)?

· What is the condition of the existing transportation infrastructure?

· Is the existing transportation infrastructure sufficient for the current transportation needs of the area?

Information sources

· Existing land use and/or transportation plans

· EPA NEPA Assist - Transportation

Environmental Impacts Evaluation Criteria Impacts to transportation and parking would be considered significant if the proposed action would generate new traffic or create a need for additional parking that could not be adequately handled by existing and/or newly established transportation facilities and parking areas.

Alternative 1: Proposed Action Construction Impacts [Insert text] Research Activity Impacts [Insert text] Alternative 2: No Action [Insert text] Example Under the No Action alternative, the proposed action would not be implemented. There would be no changes to the area’s transportation patterns or parking needs. Therefore, there would be no impacts on transportation or parking under the No Action alternative.

3.3 Utilities

3.3.1 Energy

Definition of the Resource Energy consumption is the amount of energy or power used. Primary energy sources include fossil fuels (petroleum, natural gas, and coal), nuclear energy, and renewable sources of energy such as wind or solar. Electricity is a secondary energy source that is generated from primary energy sources (EIA 2021).

State Requirements: [Insert text] Affected Environment [Insert text] Questions to consider when defining the Affected Environment

· What are the energy sources available for the project area?

· What is the energy capacity of the energy provider in the project area?

· Does the project area have a history of energy shortages or outages?

· If the proposed action involves an existing facility, does the facility have an energy usage or conservation plan in place?

Information sources

· Local, municipal, county, or metropolitan region’s energy plans, codes, and policies (including climate action plans)

· A facility’s energy usage or conservation plan

Impacts on energy would be considered significant if the proposed action would result in a substantial increase in the level of demand for energy supply and/or result in the use of energy in a wasteful, inefficient, excessive, or unnecessary manner.

[Insert text] Research Activity Impacts [Insert text] Alternative 2: No Action [Insert text] Example:

Under the No Action alternative, the proposed action would not be implemented. There would be no additional energy needs in the project area. Therefore, there would be no energy impacts under the No Action alternative.

3.3.2 Water Source and Sewer Capacity

Definition of the Resource

· Sewer capacity is defined as the ability to treat and dispose of sewage generated from a site by means of public or private, off-site or on-site facilities consistent all applicable water quality standards (LI 2022a).

· Water source capacity is defined as the total amount of water supply available from all active sources permitted for use by a water system (includes surface water, groundwater, and purchased water) (LI 2022b).

· Drinking water is defined as water meant for human consumption that is provided by a Public Water System or a private well (42 USC §300f).

· Groundwater is defined as the water that exists underground in saturated zones beneath the land surface (USGS 2022b).

Federal Requirements: The Safe Drinking Water Act (SDWA) establishes standards for drinking water quality to ensure safe drinking water for the public. Sole Source Aquifer designation under the SDWA aims to help protect highly valuable drinking water resources from being impacted by development by requiring EPA review of any project proposed within the designated area receiving federal assistance (40 CFR 149).

State Requirements: [Insert text] Affected Environment [Insert text] Questions to consider when defining the Affected Environment

· What are the water and sewer services available for the project area?

· Is groundwater or surface water the water source for the project area?

· What are the chemical or physical qualities of the ground or surface water?

· If a stream or river is the water source, what are the annual flows?

· Is there a sole source aquifer (SSA) that is utilized as the primary drinking water resource for the project area? If yes, what is the current capacity of maintaining the viability of the SSA?

· What is the specific yield of the aquifer?

· How is sewage delt with (e.g., Wastewater Treatment Plan, septic system)?

· Does the project area have a history of water shortages?

· Are there any water rights that affect water use at the proposed site location?

· Are there any adjacent facilities where ground water could be potentially impacted?

· Are there any wells in the project area?

· Does the project area have a history of poor drinking water?

· If the proposed action involves an existing facility, does the facility have a water usage or conservation plan in place?

Information sources

· Local, municipal, county, or metropolitan region’s water usage plans, codes, and policies (including climate action plans).

· A facilities water usage or conservation plan.

· EPA NEPA Assist – Water Layer

Impacts to water source and sewer capacity would be considered significant if the proposed action would result in a demand that would overburden either of these systems. Impacts would also be considered significant if the proposed action resulted in significant changes in the availability of surface or groundwater, or changes in discharge or recharge patterns of groundwater. Furthermore, impacts would be considered significant if a facility did not have adequate access to drinking water sufficient for human consumption.

[Insert text] Research Activity Impacts [Insert text] Alternative 2: No Action [Insert text] Example:

Under the No Action alternative, the proposed action would not be implemented. There would be no additional water or sewer capacity needs in the project area. Therefore, there would be no water or sewer capacity impacts under the No Action alternative.

3.4 Noise

Definition of the Resource Noise is defined as any sound that is undesirable because it interferes with communication, is intense enough to damage hearing, or is otherwise annoying. Noise can be intermittent or continuous, steady, or impulsive, and can involve any number of sources and frequencies. It can be readily identifiable or generally nondescript (EPA 2022a).

Federal Requirements: The Noise Control Act (NCA) established a national policy to control major sources of noise, including transportation vehicles and construction equipment. The NCA directs primary responsibility to state and local governments to address noise pollution.

The federal government established noise guidelines and regulations for the purpose of protecting citizens from potential hearing damage and from various other adverse physiological, psychological, and social effects associated with noise. The Federal Interagency Committee on Noise (FICON) developed land use compatibility guidelines for noise in terms of Day-Night Average A-weighted Sound Level (DNL). The FICON established a metric of 65 dBA as the maximum “acceptable” level in residential areas (FICON 1992).

State Requirements: [Insert text] Affected Environment [Insert text] Questions to consider when defining the Affected Environment

· What are the current noise sources in the project area?

· Consider surrounding land use, transportation, machinery, animals.

· If the proposed action involves an existing facility, do the current operations contribute to community noise levels?

· Are there any noise sensitive uses (e.g., schools, libraries, hospitals, residences) located within the affected environment area?

· Are there existing community noise ordinances for the project area?

Information sources

· USA Transportation Noise Raster

· State DOT Traffic Counts

· EPA NEPA Assist - Transportation/Places

Noise impacts would be considered significant if the proposed action resulted in the prolonged exposure of people to noise that exceeded applicable federal, state, local, or tribal noise regulations or ordinances. Noise impacts would also be considered significant if the existing ambient noise of the location of the proposed new construction would interfere with the proposed facility being used for its intended use.

[Insert text] Example text and table:

The construction phase of the proposed action has the potential to result in noise impacts. See Table X for predicted noise levels associated with categories of construction equipment that may be used for the proposed action.

Table X. Predicted noise levels for construction equipment. Source: OSHA 2011 Research Activity Impacts [Insert text] Alternative 2: No Action [Insert text] Example:

Under the No Action alternative, the proposed action would not be implemented. No new noise sources or noise sensitive facilities would be introduced to the project area. Therefore, there would be no noise impacts under the No Action alternative.

3.5 Solid and Hazardous Waste

Definition of the Resource (42 USC §9601)

· Solid waste is any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, resulting from industrial, commercial, mining, and agricultural operations, and from community activities.

· Hazardous waste is defined by RCRA as any solid, liquid, contained gaseous, or semisolid waste, or any combination of wastes that poses a substantial present or potential hazard to human health or the environment. In general, both hazardous materials and wastes include substances that, because of their quantity; concentration; or physical, chemical, or infectious characteristics, might present substantial danger to public health or welfare or the environment when released or otherwise improperly managed.

· Hazardous substance is defined by the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act and the Toxic Substances Control Act, as any substance with physical properties of ignitability, corrosivity, reactivity, or toxicity that might cause an increase in mortality, serious irreversible illness, incapacitating reversible illness, or pose a substantial threat to human health or the environment.

Federal Requirements: The Resource Conservation and Recovery Act (RCRA) regulates hazardous and non-hazardous waste at facilities that are currently in use (40 CFR 239-282).

RCRA Subtitle D sets minimum criteria and standards for state and local government regulation of nonhazardous solid waste. Through this process of state authorization, the Environmental Protection Agency (EPA) has delegated primary authority for implementing RCRA solid waste programs to all 50 states, including Alaska. EPA requires the state program to be equivalent, no less stringent, and consistent with the federal RCRA program.

Hazardous waste, as a subset of solid waste, is regulated by RCRA Subtitle C. Subtitle C includes regulations for the generation, transportation, treatment, storage, and disposal of hazardous wastes enforced by the EPA.

The regulation of hazardous waste in RCRA Subtitle C includes the regulation of “corrective action,” or cleanup activities required as a result of the mismanagement of waste. The RCRA Correction Action Program does not have comprehensive cleanup regulations; the program is implemented by EPA through guidance and enforced through statutory authorities established by the Hazardous Remediation Waste Management Requirements (61 FR 18780).

RCRA Subtitle I addresses the problems of leaking underground storage tanks (USTs), the UST program is primarily implemented by states and territories.

State Requirements: [Insert text] Affected Environment [Insert text] Questions to consider when defining the Affected Environment

· Does the Affected Environment contain sites that have known hazardous material, contamination, toxic chemicals, gasses, or radioactive substances (such as a Brownfield or Superfund site)?

· Is there existing solid or hazardous waste at the proposed action location?

· What is the capacity of local waste facilities?

· Are there any existing waste management services associated with the existing facility or project area?

Information sources

· EPA’s Cleanups in my Community

· EPA NEPA Assist – EPA Facilities

· EPA ECHO Database

· State-level contaminated database

· Local wastewater department

· Waste management protocols at an existing facility

· Local municipal/community plans

[If applicable - insert an aerial map showing the location of the proposed action footprint, Affected Environment boundary, and contaminated sites within the Affected Environment] Figure XX. Contaminated sites within the Affected Environment. Source: XXX Example text and table:

There are three (3) brownfield sites located in the Affected Environment. All three of these sites have had an assessment conducted for them and require no additional cleanup. See Table X for additional site details.

Table X. Contaminated sites within the Affected Environment. Source: XXX

Evaluation Criteria Solid and hazardous waste impacts would be considered significant if the proposed action would result in an increase in the generation of waste that would exceed the capacity of the available waste management operations and facilities available to safely handle and dispose of the waste, or if the proposed action resulted in waste management that was noncompliant with applicable federal, state, local, and/or tribal regulations. Additionally, impacts would be considered significant if the proposed action would create contaminated sites or would disturb existing contaminated sites to a degree that would result in adverse effects on human health or the environment.

Impacts would also be considered significant if the project area contained hazardous material, contamination, toxic chemicals, gasses, or radioactive substances where a hazard could affect the health and safety of future occupants or conflict with the intended use of the proposed action.

Alternative 1: Proposed Action Construction Impacts [Insert text] Research Activity Impacts [Insert text] Alternative 2: No Action [Insert text] Example:

Under the No Action alternative, the proposed action would not be implemented. No additional solid or hazardous waste would be produced. Therefore, there would be no impacts on solid or hazardous waste under the No Action alternative.

3.6 Air Quality

Definition of the Resource Air quality is defined as the extent to which ambient air is pollution-free. The CAA defines ambient air as the “portion of the atmosphere, external to buildings, to which the general public has access” (40 CFR 50.1(e)).

Clean Air Act Definitions (42 USC §7512)

· Criteria pollutants: EPA has set air quality standards for six (6) criteria pollutants: sulfur dioxide, carbon monoxide, particulates, nitrogen dioxide, ozone, and lead. States are responsible for developing state implementation plans to meet and maintain air quality that meets these standards. EPA determines whether areas do or do not meet air quality standards.

· Attainment: A geographic area with air quality that meets the air quality standards for a pollutant is called an "attainment" area.

· Nonattainment: A geographic area with air quality that does not meet the air quality standards for a pollutant is called a “non-attainment" area.

· Maintenance Plan: Once a non-attainment area meets the national air quality standard, the state can request the area be re-designated to attainment. EPA must approve the state’s Maintenance Plan, which provides for maintaining clean air for at least ten (10) years after the re-designation.

Federal Requirements: The Clean Air Act (CAA) established National Ambient Air Quality Standards (NAAQS) for six (6) criteria air pollutants, which are widespread common pollutants known to be harmful to human health. The EPA oversees enforcement of the CAA, determines whether areas are in attainment or non-attainment with National Ambient Air Quality Standards, and approves local maintenance plans.

State Requirements: [Insert text] Affected Environment [Insert text] Example:

The proposed area is located in an area designated by the EPA’s Nonattainment of Criteria Pollutants Green Book as in attainment for all criteria pollutants.

Questions to consider when defining the Affected Environment

· What is the current air quality in the area?

· Is the affected environment area identified as being a non-attainment or maintenance area for any of the criteria pollutants identified in the Clean Air Act?

· Are there any land uses or populations within the affected environment area that are particularly sensitive to air quality?

· Are there any air pollution odor sources in the project area?

· Are there any meteorological conditions (e.g., air movement patterns, rainfall, temperature, humidity, solar radiation) that may influence air pollution movement or concentrations?

Information sources

· EPA’s Nonattainment of Criteria Pollutants Green Book

· Environmental Justice Screening and Mapping Tool (EJScreen)

Impacts to air quality would be considered significant if the proposed action would result in emissions that would lead to exposure of people, wildlife, or vegetation to ambient air that does not meet the standards established under the CAA or exceeds state ambient air quality standards.

[Insert text] Research Activity Impacts [Insert text] Alternative 2: No Action [Insert text] Example:

Under the No Action alternative, the proposed action would not be implemented. No new air emissions would be created. Therefore, there would be no impacts on air quality under the No Action alternative.

3.7 Geology, Topography, Soils

Definition of the Resource

· Geology is defined as the naturally occurring rock, soil material and groundwater of an area (NRCS 2022a).

· Topography is defined as the…