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| Title: | NEPA & CEQA Program |
| Publication date: | 6/26/2012 |
| Effective date: | 1/2/2012 |
h2. BRIEF
h3. Policy Summary
The National Environmental Policy Act (NEPA) & California Environmental Quality Act (CEQA) Program at Berkeley Lab provides the U.S. Department of Energy (DOE) and the University of California (UC) with environmental-planning, decision-making, and compliance support pursuant to NEPA and CEQA.
DOE is legally required to conduct NEPA reviews, and UC to conduct CEQA reviews, for all actions, including those that DOE or UC might support indirectly with funding or approvals that might have a significant impact on the environment. Accordingly, the Berkeley Lab NEPA/CEQA Program reviews and prepares any necessary environmental analysis and documentation on the following types of Berkeley Lab activities:
* Research projects, programs, and experiments
* Maintenance and service activities that involve physical work (e.g., non-paperwork)
* Construction, demolition, and renovation projects
* Development and planning programs that require reviews (e.g., long-range development plans)
h3. Who Should Read This Policy
All Berkeley Lab principal investigators, project managers, project-planning staff, department heads from the Facilities and EH&S divisions, and Berkeley Site Office managers
h3. To Read the Full Policy, Go To:
The POLICY tab on this wiki page
h3. Contact Information
[Environmental Planner|https://commons.lbl.gov/display/rpm2/Contacts+for+Select+Operations+Functions#ContactsforSelectOperationsFunctions-EnvironPlanner]
Facilities Division
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{dojo-tab:title=Policy}
| Title: | NEPA & CEQA Program |
| Publication date: | 6/26/2012 |
| Effective date: | 1/2/2012 |
h2. POLICY
h3. A. Purpose
The National Environmental Policy Act (NEPA) & California Environmental Quality Act (CEQA) Program at Berkeley Lab provides the U.S. Department of Energy (DOE) and the University of California (UC) with environmental-planning, decision-making, and compliance support pursuant to NEPA and CEQA.
DOE is legally required to conduct NEPA reviews, and UC to conduct CEQA reviews, for all actions, including those that DOE or UC might support indirectly with funding or approvals that might have a significant impact on the environment. Accordingly, the Berkeley Lab NEPA/CEQA Program reviews and prepares any necessary environmental analysis and documentation on the following types of Berkeley Lab activities:
* Research projects, programs, and experiments
* Maintenance and service activities that involve physical work (e.g., non-paperwork)
* Construction, demolition, and renovation projects
* Development and planning programs that require reviews (e.g., long-range development plans)
h3. B. Persons Affected
This policy applies to Berkeley Lab employees who perform work that may have an impact on the environment as defined under NEPA and CEQA regulations. Such employees include those who are responsible for a variety of physical activities, including research, construction, demolition, renovation, maintenance, landscaping, both on and off Berkeley Lab's main site.
h3. C. Exceptions
Berkeley Lab employees whose work is not funded, supported, entitled, or permitted by federal entities are likely exempt from NEPA requirements. Berkeley Lab employees whose work takes place outside of California are likely exempt from CEQA. Exception determinations are made in consultation with the Laboratory Environmental Planner and/or Environmental Counsel.
h3. D. Policy Statement
# *Research Activities*. All research proposals must receive NEPA and CEQA review before work is performed. Such proposals typically include Work for Others (WFO), Cooperative Research and Development Agreement (CRADA), Management and Operating (M&O), fieldwork proposals, Laboratory Directed Research and Development, and gifts. The process for review is as follows:
## The principal investigator (PI) fills out and signs *NEPA/CEQA form* to accompany proposal package.
## The research division submits a proposal package to the Environmental Planner.
## The Environmental Planner reviews the proposal and conducts any necessary NEPA and/or CEQA analysis and documentation. When NEPA and CEQA determination is made by the responsible authority, the Environmental Planner records the determination and signs off on the NEPA/CEQA form.
## The Environmental Planner notifies the research division, which may then release funding to the PI and authorize work to begin.
# *Facilities Projects and Maintenance Activities.* All construction, demolition, renovation, maintenance, landscaping, and maintenance and service activities involving physical work (e.g., non-paperwork) must receive NEPA and CEQA review before work is performed. The process for review is as follows:
## The project manager, or responsible work lead, presents project information and the request for a NEPA/CEQA determination to the environmental planner (the NEPA and CEQA determination is typically provided on a *project sign-off form* prepared by the project manager).
### The Environmental Planner reviews the proposal and conducts any necessary NEPA and/or CEQA analysis and documentation. When a NEPA and CEQA determination is reached, the environmental planner provides NEPA/CEQA approval notification to the project manager or responsible work lead.
## For proposed physical work that is very minor or _de minimis_ (e.g., Work Request Center activities), the work assigner determines whether the physical work falls on an established *list of normally covered activities*. If not on that list, the Environmental Planner is consulted.
# *Applicable Planning Activities.* All development and planning programs that represent an irretrievable commitment of resources or a reasonably foreseeable project, or that normally require environmental review, are likely subject to NEPA and/or CEQA review. The process for review is as follows:
## The project manager consults the Environmental Planner to determine if NEPA and/or CEQA reviews are required.
## If environmental review is required, the project manager submits the proposed plan or project description to the Environmental Planner.
## The Environmental Planner reviews the proposal and conducts any necessary NEPA and/or CEQA analysis and documentation. When NEPA and CEQA determination is reached, the Environmental Planner provides NEPA/CEQA approval notification to the project manager or responsible work lead.
# *Mitigation Measures.* All mitigation-measure commitments made as part of the CEQA and NEPA processes must be undertaken by Berkeley Lab as documented in the Laboratory's *Mitigation Monitoring and Reporting Program* (MMRP), maintained by the Laboratory's Environmental Planner. Responsible parties, actions, and delivery dates are included in the MMRP.
# *Approval of Variations from* *Policy.* Exceptions may be made to these policies on a case-specific basis by the Environmental Planner in consultation with the Laboratory's Environmental Counsel.
h3. E. Roles and Responsibilities
| *Role* | *Responsibility* |
| Environmental Planner | Conducts National Environmental Policy Act (NEPA) and/or California Environmental Quality Act (CEQA) reviews of all proposals to perform physical work as described above. Oversees the Mitigation Monitoring and Reporting Program (MMRP). Provides advice, support, and subject matter expertise to Berkeley Lab, the U.S. Department of Energy, and the University of California. |
| Principal Investigators | Must prepare and sign National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) forms for all applicable research proposals |
| Research Division Staff | Must submit proposals to Berkeley Lab's Environmental Planner for review and approval |
| Project Managers | Must submit project proposals for National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) review and approval |
| All Employees | If named in the Mitigation Monitoring and Reporting Program, must carry out assigned mitigation duties and responsibilities as indicated |
h3. F. Definitions/Acronyms
| *Term* | *Definition* |
| California Environmental Quality Act (CEQA) | California statute mandating procedures for analyzing, disclosing, and mitigating environmental impacts. |
| Environment | For National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) purposes, the environment represents the entirety of physical surroundings, natural and man-made, both on and off the main Berkeley Lab site. |
| Environmental Impacts | For National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) purposes, environmental impacts are effects to any of the various components of that environment. These include effects on natural resources (air, water, plant and animal species, etc.), man-made resources (historical and archaeological items, traffic conditions, public services), and subjective conditions (visual quality, noise, land use, etc.). |
| Mitigation Monitoring and Reporting Program (MMRP) | A central repository containing Berkeley Lab's National Environmental Policy Act (NEPA)/California Environmental Quality Act (CEQA) mitigation obligations along with procedures for their implementation. |
| NEPA | National Environmental Policy Act |
| Physical Work | Activities conducted at Berkeley Lab or by Berkeley Lab staff that could have an appreciable effect on the environment. Such work could include constructing a building, using chemicals in a laboratory, cutting down a tree, or leasing office space in downtown Berkeley. |
h3. G. Recordkeeping Requirements
* Records of research proposal approvals are kept by the Environmental Planner.
* Records of approvals of other physical work are kept by the respective project manager. Any new NEPA and/or CEQA documentation is maintained by the Environmental Planner.
* Records of approvals of applicable planning activities reviews are kept by the Environmental Planner.
* MMRP records are kept by the Environmental Planner in concert with the respective project managers of individual projects identified in the MMRP.
h3. H. Implementing Documents
| *Document Number* | *Title* | *Type* |
| 09.02.001.001 | [Berkeley Lab NEPA & CEQA home page (instructions)|https://commons.lbl.gov/pages/viewpage.action?pageId=76187025] \\ | Web site |
| 09.02.001.002 | [Berkeley Lab NEPA Web page|https://commons.lbl.gov/display/fac/NEPA] \\ | Web site |
| 09.02.001.003 | [Berkeley Lab CEQA Web page|https://commons.lbl.gov/display/fac/CEQA] \\ | Web site |
| 09.02.001.004 | [Environmental Planning Customers|https://commons.lbl.gov/display/fac/Environmental+Planning+Customers] (Berkeley Lab NEPA & CEQA Web page for customers) | Web site |
|09.02.001.006 | List of Normally Covered Activities (tbd) | Process |
|09.02.001.007| Mitigation Monitoring and Reporting Program (tbd) | Program |
| 09.02.001.005 | [NEPA/CEQA and EH&S Review Form (for Research Proposals|http://www.lbl.gov/Workplace/CFO/assets/docs/bgt/forms/NepaCeqaForm.doc]) \\ | Form |
|09.02.001.008 | Sample Project Sign-Off Form (tbd) | Form |
h3. I. Contact Information
[Environmental Planner|https://commons.lbl.gov/display/rpm2/Contacts+for+Select+Operations+Functions#ContactsforSelectOperationsFunctions-EnvironPlanner]
Facilities Division
h3. J. Revision History
| *Date* | *Revision* | *By whom* | *Revision Description* | *Section(s) affected* | *Change Type* |
| 6/26/2012 | 1 | L. Chen | Reformat for wiki | all | Minor |
| 1/2/2012 | 0 | L. Chen | Reformat for wiki | all | Minor |
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h2. DOCUMENT INFORMATION
| Title: | NEPA & CEQA Program |
| Document number | 09.02.001.000 |
| Revision number | 1 |
| Publication date: | 6/26/2012 |
| Effective date: | 1/2/2012 |
| Next review date: | 1/2/2015 |
| Policy Area: | NEPA-CEQA |
| RPM Section (home) | Facilities Management |
| RPM Section (cross-reference) | none |
| Functional Division | Facilities |
| Prior reference information (optional) | |
h3. Source Requirements Documents
*NEPA:*
* [42 USC 7401|http://energy.gov/node/255187]{color:#444444}, Section 309,{color} {color:#444444}{_}Clean Air Act{_}{color}
* [40 Code of Federal Regulations (CFR) Part 1500--1508|http://energy.gov/node/292261]{color:#444444},{color} {color:#444444}{_}Regulations for Implementing the Procedural Provisions of NEPA{_}{color}
* [10 CFR Part 1021|http://energy.gov/node/258451]{color:#444444}, Department of Energy,{color} {color:#444444}{_}National Environmental Policy Act Implementing Procedures{_}{color}
* [10 CFR Part 1022|http://energy.gov/node/257911]{color:#444444}, {color}{color:#444444}{_}Compliance with Floodplain and Wetland Environmental Review Requirements{_}{color} {color:#444444}(10 CFR Parts 1021 and 1022){color}
* [DOE Office of NEPA Policy and Compliance Web site|http://energy.gov/nepa/office-nepa-policy-and-compliance]
{color:#444444}{*}Various executive orders observed through the NEPA process, including:*{color}
* [Executive Order (EO) 11514|http://energy.gov/node/255097]{color:#444444},{color} {color:#444444}{_}Protection and Enhancement of Environmental Quality{_}{color} {color:#444444}(as amended by EO 11911){color}
* [EO 11990|http://energy.gov/node/257887]{color:#444444},{color} {color:#444444}{_}Protection of Wetlands{_}{color}
* [EO 12088|http://energy.gov/node/259255]{color:#444444},{color} {color:#444444}{_}Federal Compliance with Pollution Control Standards{_}{color}
* [EO 12114|http://energy.gov/node/254953]{color:#444444},{color} {color:#444444}{_}Environmental Effects Abroad of Major Federal Actions{_}{color}
* [EO 12898|http://energy.gov/node/255637]{color:#444444},{color} {color:#444444}{_}Environmental Justice in Minority Populations and Low-Income Populations{_}{color}
* [EO 13112|http://energy.gov/node/256273]{color:#444444},{color} {color:#444444}{_}Invasive Species{_}{color}
* [EO 13148|http://energy.gov/node/255091]{color:#444444},{color} {color:#444444}{_}Greening the Government through Leadership in Environmental Management{_}{color}
* [EO 13158|http://energy.gov/node/258199]{color:#444444},{color} {color:#444444}{_}Marine Protected Areas{_}{color}
* [EO 13186|http://energy.gov/node/258643]{color:#444444},{color} {color:#444444}{_}Responsibilities of Federal Agencies to Protect Migratory Birds{_}{color}
* [EO 13212|http://energy.gov/node/255025]{color:#444444},{color} {color:#444444}{_}Actions to Expedite Energy-Related Projects{_}{color}
* [EO 13287|http://energy.gov/node/258625]{color:#444444},{color} {color:#444444}{_}Preserve America{_}{color}
* [EO 12969|http://energy.gov/node/258637]{color:#444444},{color} {color:#444444}{_}Federal Acquisition and Community Right-to-Know{_}{color}
* [EO 13031|http://energy.gov/node/256525]{color:#444444},{color} {color:#444444}{_}Federal Alternative Fueled Vehicle Leadership{_}{color}
* [EO 13045|http://energy.gov/node/255031]{color:#444444},{color} {color:#444444}{_}Protection of Children from Environmental Health Risks and Safety Risks{_}{color}
* [EO 13149|http://energy.gov/node/254971]{color:#444444},{color} {color:#444444}{_}Greening the Government Through Federal Fleet and Transportation Efficiency{_}{color}
* [EO 13423|http://energy.gov/node/257623]{color:#444444},{color} {color:#444444}{_}Strengthening Federal Environmental, Energy, and Transportation Management{_}{color}
* [EO 13514|http://energy.gov/node/257677]{color:#444444},{color} {color:#444444}{_}Federal Leadership in Environmental, Energy, and Economic Performance{_}{color}
*CEQA:*
* [_California Environmental Quality Act_|http://ceres.ca.gov/ceqa/stat/], California Public Resources Code, Section 21000, et seq.
* [_California Environmental Quality Act Guidelines_|http://ceres.ca.gov/ceqa/guidelines/], California Code of Regulations, Title 14, Sections 15000 to 15007
* [_UC_ _CEQA Handbook_|http://budget.ucop.edu/pep/ceqacomp/CEQA-Handbook/index.html]_,_ 2002
h3. Related Berkeley Lab Policies
* [Capital Assets -- Acquisition and Project Management |Capital Assets - Acquisition and Project Management - B]
* [Cooperative Research & Development Agreements (CRADAs)|https://commons.lbl.gov/pages/viewpage.action?pageId=74809817]
* [DOE Management and Operating (M&O) Overview|https://commons.lbl.gov/pages/viewpage.action?pageId=74809819]
* [Work for Others (WFO) Overview|Work for Others (WFO) Overview]
h3. Implementing Documents
| *Document Number* | *Title* | *Type* |
| 09.02.001.001 | [Berkeley Lab NEPA & CEQA home page (instructions)|https://commons.lbl.gov/pages/viewpage.action?pageId=76187025] \\ | Web site |
| 09.02.001.002 | [Berkeley Lab NEPA Web page|https://commons.lbl.gov/display/fac/NEPA] \\ | Web site |
| 09.02.001.003 | [Berkeley Lab CEQA Web page|https://commons.lbl.gov/display/fac/CEQA] \\ | Web site |
| 09.02.001.004 | [Environmental Planning Customers|https://commons.lbl.gov/display/fac/Environmental+Planning+Customers] (Berkeley Lab NEPA & CEQA Web page for customers) | Web site |
| 09.02.001.006| List of Normally Covered Activities (tbd) | Process |
| 09.02.001.007| Mitigation Monitoring and Reporting Program (tbd) | Program |
| 09.02.001.005 | [NEPA/CEQA and EH&S Review Form (for Research Proposals|http://www.lbl.gov/Workplace/CFO/assets/docs/bgt/forms/NepaCeqaForm.doc]) \\ | Form |
|09.02.001.008| Sample Project Sign-Off Form (tbd) | Form |
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h2.ADDITIONAL INFORMATION
|Title: |NEPA & CEQA Program|
|Document number|09.02.001.000|
|Revision number|1|
|Publication date: |6/26/2012|
|Effective date: |1/2/2012|
|Next review date:|1/2/2015|
|Policy Area:|NEPA-CEQA|
|RPM Section (home)|Facilities Management|
|RPM Section (cross-reference)|none|
|Functional Division |Facilities|
|Author name/contact info|Environmental Planner \\ |
| | |
|Revision 0 publication date|1/2/2012|
|Retirement date|n/a|
|Prior reference information (optional)| |
| | |
|Inputs from more than one Functional Area?|No|
|List additional Functional Areas & contacts| |
| | |
|Inputs from more than one Policy Area?|No|
|List additional Policy Areas & contacts| |
| | |
|30-day notification needed?|No|
|30-day start date|n/a|
|30-day end date|n/a|
| | |
|LDAP protected?|No|
| | |
|Need TABL reminders?|No|
|Frequency|n/a|
|Brief reminder text:|n/a|
| | |
|Approval Sheet for this revision received (date) \\
\[Note: author is responsible\}| |
h3.Key labels/tags:
* NEPA, CEQA, Facilities Management
h3.New terms that need to be added to Glossary/Acronym list:
* (list items not found and context (Policy Area name) – full definition would be included in Policy)
h3.Implementing Documents restricted to department/functional use
(optional – these will be used for tracing between requirements and associated documents)
|Document number|Title|
| | |
| | |
*Side bars:*
Side bar 1 location (cite by Policy Section # - for example: Section D.2.a)
Sidebar 1 text:
\\
Sidebar 2 location
Sidebar 2 text:
\\
Sidebar 3 location
Sidebar 3 text:
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