BRIEF

Policy Summary

The National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) Program at Lawrence Berkeley National Laboratory (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. The DOE is legally required to conduct NEPA reviews, and UC to conduct CEQA reviews, for all actions that might have a significant impact on the environment, including those that the DOE or UC might support indirectly with funding or approvals. 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 activities
• Maintenance and service activities that involve physical work (e.g., non-paperwork)
• Construction, demolition, renovation, remediation, and similar projects
• Land use changes and actionable development and planning programs (e.g., long-range development plans)

Who Should Read This Policy

All Berkeley Lab principal investigators, project managers, project planning staff, department heads from the Projects and Infrastructure Modernization, Facilities and EH&S divisions, and DOE Berkeley Site Office managers.

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

Site & Environmental Planning Program

[email protected] or [email protected]

POLICY

A. Purpose

The National Environmental Policy Act (NEPA) and 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.

The DOE is legally required to conduct NEPA reviews, and UC to conduct CEQA reviews, for all actions, including those that the 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 activities
• Maintenance and service activities that involve physical work (e.g., non-paperwork)
• Construction, demolition, renovation, remediation, and similar projects
• Land use changes and actionable development and planning programs (e.g., long-range development plans)

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, and groundskeeping/landscaping, both on and off Berkeley Lab's main campus.

C. Exceptions

Berkeley Lab employees whose work is not funded, supported, entitled, or permitted by federal entities are likely not subject to 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 Site & Environmental Planner and/or Environmental Counsel.

D. Policy Statement

1. Research Activities. All research proposals must receive NEPA and CEQA review and approval 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. Proposals may be submitted in hard-copy packages or, more commonly, through the Electronic System for Research Administration (eSRA).  The process for review is as follows:
   1. The principal investigator (PI) fills out and signs NEPA/CEQA form to accompany proposal package or prepares equivalent information via the eSRA system.
   2. The research division submits a proposal package to the Site & Environmental (S&E) Planner, or the eSRA system notifies the S&E Planner of a proposal for review.
   3. The S&E 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 or via the eSRA system.
   4. The Environmental Planner or the eSRA system notifies the research division of NEPA/CEQA approval, whereupon funding may be released to the PI and work is authorized to begin.
2. 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 and approval before work is performed. The process for review and approval is as follows:
   1. The project manager, or responsible work lead, presents project information and the request for a NEPA/CEQA determination to the S&E Planner (the NEPA and CEQA determination is typically provided on a project sign-off form prepared by the project manager).
      1. The S&E Planner reviews the proposal and conducts any necessary NEPA and/or CEQA analysis and documentation. When a NEPA and CEQA determination is reached, the S&E Planner provides NEPA/CEQA approval notification to the project manager or responsible work lead.
   2. 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 S&E Planner is consulted.
3. 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:
   1. The project manager consults the S&E Planner to determine if NEPA and/or CEQA reviews are required.
   2. If environmental review is required, the project manager submits the proposed plan or project description to the S&E Planner.
   3. The S&E Planner reviews the proposal and conducts any necessary NEPA and/or CEQA analysis and documentation. When NEPA and CEQA determination is reached, the S&E Planner provides NEPA/CEQA approval notification to the project manager or responsible work lead.
4. 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 S&E Planner. Responsible parties, actions, and delivery dates are included in the MMRP.
5. Approval of Variations from Policy. Exceptions may be made to these policies on a case-specific basis by the S&E Planner in consultation with the Laboratory's Environmental Counsel

E. Roles and Responsibilities

F. Definitions/Acronyms

G. Recordkeeping Requirements

• Records of research proposal approvals are kept by the S&E Planner and/or the Electronic System for Research Administration (eSRA) system.
• 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 S&E Planner.
• Records of approvals of applicable planning activities reviews are kept by the S&E Planner.
• MMRP records are kept by the S&E Planner in concert with the respective project managers of individual projects identified in the MMRP.

H. Implementing Documents

I. Contact Information

Site & Environmental Planning Program

[email protected] or [email protected]

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

N/A

Related Berkeley Lab Policies

• Capital Assets – Acquisition and Project Management
• Cooperative Research & Development Agreements (CRADAs)

• Overview for Processing Incoming Inter-Contractor Purchases (ICP)