BRIEF

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)

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

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) & 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)

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.

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.

D. Policy Statement

1. 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:
   1. The principal investigator (PI) fills out and signs NEPA/CEQA form to accompany proposal package.
   2. The research division submits a proposal package to the Environmental Planner.
   3. 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.
   4. The Environmental Planner notifies the research division, which may then release funding to the PI and authorize work 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 before work is performed. The process for review 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 (the NEPA and CEQA determination is typically provided on a project sign-off form prepared by the project manager).
      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 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.
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 Environmental 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 Environmental Planner.
   3. 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.
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 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.
• 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, Department of Energy, National Environmental Policy Act Implementing Procedures
• 10 CFR Part 1022, Compliance with Floodplain and Wetland Environmental Review Requirements (10 CFR Parts 1021 and 1022)
• EO 13423, Strengthening Federal Environmental, Energy, and Transportation Management
• EO 13514, Federal Leadership in Environmental, Energy, and Economic Performance

CEQA:

• California Environmental Quality Act, California Public Resources Code, Section 21000, et seq.
• California Environmental Quality Act Guidelines, 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 13148, Greening the Government through Leadership in Environmental Management
• 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 12969, Federal Acquisition and Community Right-to-Know
• EO 13031, Federal Alternative Fueled Vehicle Leadership
• EO 13045, Protection of Children from Environmental Health Risks and Safety Risks
• EO 13149, Greening the Government Through Federal Fleet and Transportation Efficiency

CEQA Process:

• UC CEQA Handbook, 2002

Related Berkeley Lab Policies

• Capital Assets – Acquisition and Project Management

• Cooperative Research & Development Agreements (CRADAs)

• DOE Management and Operating (M&O) Overview

• [Work for Others (WFO) Overview]

Implementing Documents

Other References

• DOE Office of NEPA Policy and Compliance Web site