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, 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 and programs.
• Maintenance and service activities that involve physical work (e.g., non-paperwork).
• Construction, demolition, renovation, remediation, and similar (especially large-scale) projects.
• Land use changes, operational practices, and development and planning programs that statutorily require reviews (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 Facilities and Environment, Health & Safety (EH&S) divisions, and DOE Bay Area Site Office managers.

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

Environmental Planner

Facilities Division

POLICY

A. Purpose

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, 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 and programs.
• Maintenance and service activities that involve physical work (e.g., non-paperwork).
• Construction, demolition, renovation, remediation, and similar (especially large-scale) projects.
• Land use changes, operational practices, and development and planning programs that statutorily require reviews (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 site.

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 not subject to CEQA. Exception determinations are made in consultation with the Laboratory Environmental Planner and/or Environmental Counsel.

D. Policy Statement

1. Research Activities. All proposals for research funding must receive NEPA and CEQA review before work is performed. Such proposals typically include those for Strategic Partnership Projects, Cooperative Research and Development Agreements(CRADAs), Management and Operating (M&O), fieldwork, Laboratory Directed Research and Development, and gifts. The process for review is as follows:
   1. The principal investigator (PI) provides appropriate NEPA/CEQA information via the Electronic System for Proposal Administration (eSRA) or otherwise as part of the accompanying proposal package.
   2. The Environmental Planner receives the proposal package via the eSRA system or directly from the research division.
   3. The Environmental Planner reviews the electronic or hard-copy proposal and conducts any necessary NEPA and/or CEQA analysis and documentation. The Environmental Planner records and archives the determination.
   4. The Environmental Planner notifies the research division directly or via eSRA; the research division may then release funding to the PI and authorize work commencement.
2. Operational Projects and Maintenance Activities. All construction, demolition, renovation, remediation, groundskeeping/landscaping, and maintenance and service activities involving physical work (e.g., non-paperwork) must be covered by NEPA and CEQA approvals 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 Environmental Planner (for larger projects, this is often managed via a Project Planning Guide (PPG) form).
      1. 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.
   2. For proposed physical work that is minor or de minimis (e.g., Work Request Center activities, on-going maintenance), the work planner determines whether the physical work falls on an established list of normally covered activities or is otherwise covered based on NEPA/CEQA training provided to all Facilities work planners and Facilities Area Managers (FAMs). For work that is not so covered, the Environmental Planner is consulted by the work planner/FAM directly or via the Maximo system.
3. Applicable Planning Activities. All proposed large-scale 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 Environmental Planner to determine if NEPA and/or CEQA reviews are required and/or submits a PPG for NEPA/CEQA approval.
   2. If environmental review appears necessary, the Environmental Planner requests further project description information.
   3. The Environmental Planner conducts any necessary NEPA and/or CEQA analysis and prepares documentation. When NEPA and CEQA determination is reached, the Environmental 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 Environmental 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 Environmental Planner, often 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 Environmental 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 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.

H. Implementing Documents

I. Contact Information

Environmental Planner

Facilities Division

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

NEPA:

• 42 USC 7401, Section 309, Clean Air Act
• 40 Code of Federal Regulations (CFR) Part 1500--1508, Regulations for Implementing the Procedural Provisions of NEPA
• 10 CFR Part 1021, DOE, National Environmental Policy Act Implementing Procedures
• 10 CFR Part 1022, Compliance with Floodplain and Wetland Environmental Review Requirements (10 CFR Parts 1021 and 1022)

CEQA:

• https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/2019_CEQA_Statutes_and_Guidelines.pdf, California Public Resources Code, Section 21000, et seq.
• https://resources.ca.gov/CNRALegacyFiles/ceqa/docs/2019_CEQA_Statutes_and_Guidelines.pdf, California Code of Regulations, Title 14, Sections 15000 to 15007

Other Driving Requirements

Various executive orders observed through the NEPA process, including:

• Executive Order (EO) 11514, Protection and Enhancement of Environmental Quality (as amended by EO 11911)

• EO 11990, Protection of Wetlands

• EO 12088, Federal Compliance with Pollution Control Standards

• EO 12114, Environmental Effects Abroad of Major Federal Actions

• EO 12898, Environmental Justice in Minority Populations and Low-Income Populations

• EO 13112, Invasive Species

• EO 13158, Marine Protected Areas

• EO 13186, Responsibilities of Federal Agencies to Protect Migratory Birds

• EO 13212, Actions to Expedite Energy-Related Projects

• EO 13287, Preserve America

• EO 13045, Protection of Children from Environmental Health Risks and Safety Risks

CEQA Process:

• https://www.ucop.edu/design-services/resources/ceqa-compliance-planning/index.html

Related Berkeley Lab Policies

• Capital Assets – Acquisition and Project Management
• Cooperative Research & Development Agreements (CRADAs)
• Overview for Performing DOE Inter-Entity Work

Implementing Documents

Other References

• DOE Office of NEPA Policy and Compliance Web site