NEPA and CEQA: Comparisons and Contrasts
NEPA and CEQA are similar laws with a common purpose: examining and weighing
the potential environmental consequences of proposed government actions
before such actions are undertaken.
National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA) requires federal agencies
to assess the possible environmental consequences of projects which they
propose to undertake, fund, or approve. Under NEPA, closure of a military
base usually requires preparation of an Environmental Impact Statement (EIS).
The process of preparing an EIS is as follows:
- A "Notice of Intent" (NOI) to prepare an EIS is published
in the Federal Register. The NOI includes a description of the project and
alternatives, the lead agency's proposed "scoping" process and
any related meetings, and a contact person within the agency.
- "Scoping" of the project occurs, whereby other agencies
are given the opportunity to bring to the attention of the lead agency significant
issues which should be included in the EIS. This enables the lead agency
to focus the EIS on a particular range of actions, alternatives, and impacts.
- A Draft EIS is prepared by the agency.
- Upon completion of the draft, a public "Notice of Availability"
(NOA) of the Draft EIS is filed with the Environmental Protection Agency's
(EPA's) Washington D.C. and regional offices for publication in the Federal
Register.
- The Draft EIS is made available for public review.
- A Final EIS is prepared, including responses to the comments received
during the review period.
- The Final EIS is circulated for public review; a second NOA, this
time for the Final EIS, is sent to the EPA.
- The Final EIS is adopted and the agency renders its decision on the
project.
- The "Record of Decision" (ROD) is prepared. The ROD includes
a comparative discussion of the project alternatives, a discussion of the
factors considered in making the decision, a description of those mitigation
measures which were adopted and an explanation of why mitigation measures
were not adopted, as well as a monitoring and enforcement program for adopted
mitigation measures.
A Draft EIS contains the following basic components:
- A cover sheet enumerating the preparing agency, the project and its
location, the agency contact person, a very brief abstract of the EIS, and
final comment date.
- A summary of the EIS, including conclusions, areas of controversy,
issues raised, and issues to be resolved.
- Table of Contents
- Statement of the purpose and the need fulfilled by the project and
its alternatives.
- A range of alternatives, including the proposed action, comparatively
analyzed and including mitigation measures for adverse environmental impacts
(the agency need not adopt these measures unless so required by its own
NEPA procedures).
- A list of the Federal permits required by the action
- A description of the affected environment.
- A description of the environmental consequences of the various alternatives,
including direct, indirect, and cumulative effects.
- A list of preparers.
- A list of agencies and organizations consulted.
- Appendices.
- Index.
A Final EIS will include all of the above as well as incorporate or otherwise
respond to the substantive comments received on the draft EIS from the public
and other agencies.
The 1994 Defense Authorization Act requires DoD to complete its EIS within
12 months after receiving a community's reuse plan. The reuse plan will
comprise the preferred alternative and a single NEPA document will be prepared
for both disposal and reuse. However, if no community reuse plan is available
before the draft EIS is prepared, the advance scoping and related information
will become the basis for completion of the EIS. In this situation, the
involved DoD service will devise the preferred reuse plan alternative as
well as the other alternatives to be evaluated.
California Environmental Quality Act
The California Environmental Quality Act (CEQA) requires State and local
public agencies to consider the environmental consequences of projects which
they undertake, fund, or permit. Under CEQA, an Environmental Impact Report
(EIR) is usually required for a major plan or project. This may include
the base reuse plan, prepared by the local base reuse entity, particularly
if it forms the basis for a general plan amendment, specific plan, or redevelopment
plan. Even if the base reuse plan is not prepared to serve as a state-required
plan, it may nevertheless benefit the reuse entity to subject it to an EIR
to establish it as the basis for environmental review of future projects.
After an initial study and preliminary consultation or scoping have been
completed and the decision is made to prepare an EIR, the process is as
follows:
- A "Notice of Preparation" (NOP) is sent to interested agencies
to solicit their comments on the project. The NOP includes a project description,
location of the project, possible environmental impacts, and the date and
time of known future meetings on the project. Where a State agency will
be a responsible agency, a copy of the NOP is also sent to the State Clearinghouse.
Agencies have 30 days to tender their comments.
- A Draft EIR is prepared.
- A "Notice of Completion" (NOC) and copies of the Draft EIR
are submitted to the State Clearinghouse for distribution to interested
State agencies. Public notice is provided by the lead agency and a copy
of the NOC is posted in the office of the County Clerk of the county where
the project is located. The Draft EIR is available for review and comment
by the public and local agencies during this time.
- A Final EIR is completed, including responses to the comments received
during the review period.
- The Final EIR is certified and the project approved.
- The Lead Agency makes findings regarding mitigation of the significant
environmental impacts of the project (Guidelines Section 15091).
It describes in writing the overriding considerations which justify project
approval in the face of unavoidable impacts (Guidelines Section 15093).
It also adopts a mitigation monitoring or reporting program upon approval
of the project.
- A "Notice of Determination" (NOD) describing the project,
its impacts and adopted mitigation, the environmental findings of the agency,
and the location of copies for examination is filed with the county clerk.
This starts a 30-day statute of limitations for court challenges to the
EIR.
The CEQA Guidelines provide that the lead agency may determine the
particular format of the EIR it prepares (Guidelines Section 15120).
Within this flexible approach, the required contents of a Draft EIR are
as follows:
- Table of contents or index
- Summary of proposed actions and expected consequences of those actions.
- Project description.
- Environmental setting of the project.
- Environmental impacts, including significant effects of the proposed
action (direct and indirect); significant effects which cannot be avoided;
mitigation measures proposed to minimize significant effects; feasible alternatives
which would avoid or lessen the project's impacts; relationship between
local short-term uses of man's environment and the maintenance and enhancement
of long-term productivity; significant irreversible environmental changes;
and growth-inducing impacts.
- Effects not found to be significant.
- Cumulative impacts of the project in the context of past, present,
and reasonably anticipated projects.
- A list of organizations and persons consulted.
The Final EIR will include comments received on the draft and the lead agency's
responses to those comments. It must also include a list of the organizations
and individuals which commented on the draft.
Upon approving a project for which an EIR has been prepared, the lead agency
must make findings relative to each of the mitigation measures pursuant
to Guidelines Section 15091. These findings state whether the agency
is imposing the mitigation measure, the measure is the responsibility of
another agency which can and will impose it, or there are economic, social
or other reasons why the mitigation measures and project alternatives are
infeasible. Further, if the EIR has identified any significant environmental
impacts which cannot be mitigated or avoided, the agency must make a "statement
of overriding considerations" which describes the specific benefits
of the project which outweigh its unavoidable environmental effects (Guidelines
Section 15093).
Figure 2 compares the major features
of EIS and EIRs, respectively.
Commonalities and Contrasts
As can be seen from the above discussion, there are many similarities between
NEPA and CEQA processes, and between an EIS and an EIR. For instance, the
federal NOI is analogous to the State NOP; the federal Notice of Availability
performs the same function as the State Notice of Completion; both processes
offer the opportunity for other agencies and the public to comment on the
environmental document; and the required contents of an EIS are largely
the same as those required of an EIR.
Nonetheless, there are also differences. For instance, EIS scoping and notice
requirements are, understandably, oriented toward federal agencies and include
State and local agencies and groups as necessary. CEQA requires public notice
to be published in a local newspaper or otherwise provided locally. Under
NEPA, the project and a range of alternatives to the project are examined
at the same level of detail (i.e., the proposal is seen as one of several
alternatives). CEQA does not require alternatives to be examined in as great
a detail as the project (i.e., alternatives are means of avoiding the impacts
associated with the project). NEPA requires, as part of the discussion of
each alternative, discussion of mitigation measures and growth inducing
impacts. CEQA requires a separate discussion of these issues, focusing on
the project. NEPA does not require the agency to adopt the mitigation measures
identified in an EIS. CEQA mandates adoption unless a measure is found to
be infeasible for specific reasons.
The text below summarizes these differences.
Comparison of EIS and EIR
Draft EIS contains:
- A cover sheet enumerating the preparing agency, the project and its
location, the agency contact person, a very brief abstract of the EIS, and
final comment date. (40 CFR 1502.11)
- Table of contents and index. (40 CFR 1502.10)
- A summary of the EIS, including conclusions, areas of controversy,
issues raised (i.e., significant effects), and issues to be resolved (i.e.,
mitigation and alternatives). (40 CFR 1502.12)
- Description of the purpose and need fulfilled by the project and its
alternatives. (40 CFR 1502.13)
- A description of the affected environment. (40 CFR 1502.15)
- Discussion of a range of alternatives, including the proposed action
and the no project alternative, comparatively analyzed and including mitigation
measures. (40 CFR 1502.14)
- A list of the Federal permits required by the action. (40 CFR 1502.25)
- A description of the environmental consequences of the various alternatives,
including: Direct, indirect, and cumulative environmental effects (40 CFR
1508.25); Growth-inducing effects (40 CFR 1508.8); Unavoidable significant
effects; Proposed mitigation measures; Relationship between local short-term
uses of man's environment and the maintenance and enhancement of long-term
productivity; and Significant irreversible environmental changes. (40 CFR
1502.16)
- A list of preparers. (40 CFR 1502.17)
- A list of agencies and organizations consulted. (40 CFR 1502.10)
- Appendices. (40 CFR 1502.18)
Final EIS contains in addition:
- Comments received on the draft (40 CFR 1503.4); and
- Responses to comments, including revisions to the draft. (40 CFR 1503.4)
Draft EIR contains:
- Table of contents or index. (Guidelines Section 15122)
- Summary of the EIR, including summaries of proposed actions, significant
effects, mitigation, and alternatives. (Guidelines Section 15123)
- Project description, including location, physical characteristics,
objectives, and permits required from other agencies. (Guidelines Section
15124)
- Environmental setting of the project. (Guidelines Section 15125)
- An analysis of the environmental consequences of the project, including:
Direct and indirect significant environmental effects of the proposal; Cumulative
effects (Guidelines Section 15130); Unavoidable significant effects; Proposed
mitigation measures ; Feasible alternatives; Relationship between local
short-term uses of man's environment and the maintenance and enhancement
of long-term productivity; Significant irreversible environmental changes;
and Growth-inducing impacts. (Guidelines Section 15126)
- Effects not found to be significant. (Guidelines Section 15128)
- A list of organizations and persons consulted. (Guidelines Section
15129)
- Appendices. (Guidelines Section 15147)
Final EIR contains in addition:
- Comments received on the draft;
- A list of commenters; and
- Responses to comments, including revisions to the draft.
(Guidelines Section 15132)
Despite their minor differences, both NEPA and CEQA are flexible enough
that a single environmental document can be prepared which will comply with
both. For local agencies, the primary consideration is ensuring that the
EIS meets the basic requirements of CEQA. Later, when the local agency uses
the EIS as an EIR, it will be responsible for making the findings and statement
of overriding considerations required under Guidelines Sections 15091
and 15093, respectively.
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Next: Preparing a Combined EIS/EIR
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318