A New Decade Brings Potential Changes to NEPA

April 05, 2010

Summary
Forty years following the passage of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., the White House (President’s) Council on Environmental Quality (CEQ) has proposed three changes to “modernize” the Act.

A New Decade Brings Potential Changes to NEPA

Forty years following the passage of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., the White House (President's) Council on Environmental Quality (CEQ) has proposed three changes to "modernize" the Act.  The CEQ is currently seeking public comment on these newly proposed policy initiatives.  Public comments are due by May 7, 2010 for the first two proposals.

The CEQ has issued draft guidance on when and how Federal agencies must consider greenhouse gas emissions (GHG) and climate change in their proposed actions.  The proposal discusses how Federal agencies should analyze and consider the environmental impacts of GHG and climate change in their descriptions of environmental impacts of a proposed action in accordance with § 102 of NEPA and the CEQ Regulations for Implementing the Procedural Provisions of NEPA.

The CEQ is seeking public comment on issues related to, but not included in the draft guidance, including the assessment of client change effects of land management activities, and means by which agencies can tailor the amount of documentation prepared for NEPA analysis so that it is proportional to the importance of climate change to the decision making process.

Want to read more or submit a comment?  Please visit this link:

Steps to Modernize and Reinvigorate NEPA | The White House

The CEQ is reconsidering when there is a need to monitor environmental mitigation measures.  When a Federal action receives an Environmental Assessment (EA), one potential finding of the assessment is a finding of no significant impact (FONSI) on the environment.  When a FONSI determination is issued an Environmental Impact Statement is not required.  The newly proposed guidance focuses on mitigation requirements, ensuring that the environmental impacts of a proposed action may still be mitigated to the point when the agency may make a FONSI determination.  When the FONSI requires successful mitigation, the proposed guidance suggests that these mitigation requirements should be made public and accompanied by monitoring and reporting requirements.  The goal is to ensure transparency and openness throughout the NEPA process.

Want to read more or submit a comment?  Please visit this link:

Steps to Modernize and Reinvigorate NEPA | The White House

The CEQ also has proposed guidance intended to clarify the use of categorical exclusions.  When Federal actions do not have significant effects on the environment, agencies may apply a categorical exclusion from further NEPA review.  The proposed guidance clarifies the rules for categorical exclusions and ensures that there is a concise public record explaining their use.  This has already been submitted for public comment.

Want to read more?  Please visit this link:

Steps to Modernize and Reinvigorate NEPA | The White House

New EPA Rules Regarding Lead Paint Take Effect April 2010

            The new EPA regulation concerning lead paint removal affects paid renovators, including renovation contractors, maintenance workers, and property owners of rental housing and child occupied facilities.  Contractors performing renovations, repairs, and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific procedures to prevent lead contamination under EPA issued rules that go into effect on April 22, 2010.  Property owners who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing or space rented by child-care facilities must now provide tenants with a copy of EPA's lead hazard information and must document compliance with this requirement.

The new regulations require anyone interested in removing lead based paint to enroll in and complete EPA training. Generally, contractors working on projects in areas that contain lead-based paint should follow these essential steps: (1) contain the work area, (2) minimize dust, and (3) clean thoroughly.  After April 22, 2010, Contractors must be certified to perform renovation, repairs, and painting jobs in pre-1978 housing and child occupied facilities. To gain a certification, contractors must submit an application and pay a fee to EPA.

While this new regulation does not cover homeowners living in a pre-1978 home, the EPA advises that all homeowners planning on renovating, repairing, or repainting their homes, follow the newly issued EPA guidelines.

Want to learn more?

Renovation, Repair and Painting Rule | Lead in Paint, Dust, and Soil | US EPA