Is NEPA Preventing Is NEPA Preventing Energy Development?Energy Development?

Bryan Hannegan, Ph.D.Bryan Hannegan, Ph.D.Associate Director – Energy and TransportationAssociate Director – Energy and Transportation

White House Council on Environmental QualityWhite House Council on Environmental Quality July 2005July 2005

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President Bush’s National President Bush’s National Energy PolicyEnergy Policy

Proposed May 2002 – more than 4 years agoProposed May 2002 – more than 4 years ago

Over 100 recommendations in four areas:Over 100 recommendations in four areas: increasing conservation and energy efficiencyincreasing conservation and energy efficiency expanding domestic production of conventional fuels in expanding domestic production of conventional fuels in

environmentally responsible ways environmentally responsible ways diversifying our energy supply with more renewables, nuclear diversifying our energy supply with more renewables, nuclear

power and clean fuels power and clean fuels modernizing and improving reliability of energy infrastructuremodernizing and improving reliability of energy infrastructure

Have implemented nearly all items that did not require Have implemented nearly all items that did not require legislationlegislation

Called on Congress to enact energy legislation by AugustCalled on Congress to enact energy legislation by August Conference under way, many NEPA-related items under Conference under way, many NEPA-related items under

discussiondiscussion

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Energy Projects Task ForceEnergy Projects Task Force““The NEPD Group recommends the President issue an Executive Order to The NEPD Group recommends the President issue an Executive Order to

rationalize permitting for energy production in an environmentally sound rationalize permitting for energy production in an environmentally sound manner by directing federal agencies to expedite permits and other federal manner by directing federal agencies to expedite permits and other federal actions necessary for energy-related project approvals on a national basis.”actions necessary for energy-related project approvals on a national basis.”

Executive Order 13212 signed by President Bush, May Executive Order 13212 signed by President Bush, May 2001, to establish interagency Task Force on Energy 2001, to establish interagency Task Force on Energy ProjectsProjects

Senior policy officials meet on regular basis to coordinate Senior policy officials meet on regular basis to coordinate permitting processes – more efficient, less costly, more permitting processes – more efficient, less costly, more effectiveeffective

Identified energy projects through Federal Register notice; Identified energy projects through Federal Register notice; used projects to understand process reforms that needed used projects to understand process reforms that needed to be madeto be made

Pipeline safety, offshore LNG, hydro licensing, onshore oil & gasPipeline safety, offshore LNG, hydro licensing, onshore oil & gas

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CEQ NEPA Task ForceCEQ NEPA Task Force National Environmental Policy Act (NEPA) process: National Environmental Policy Act (NEPA) process:

inform federal decision-makers and to involve the interested inform federal decision-makers and to involve the interested and affected federal, state, local and tribal governments and and affected federal, state, local and tribal governments and the public in federal decisions affecting the quality of the the public in federal decisions affecting the quality of the human environment.human environment.

CEQ NEPA Task Force was charged to find ways to CEQ NEPA Task Force was charged to find ways to make the NEPA process more effective, efficient make the NEPA process more effective, efficient and timely.and timely.

First comprehensive NEPA review in over a decadeFirst comprehensive NEPA review in over a decade Issued report September 2003Issued report September 2003

TF reviewed current NEPA practices - over 600 TF reviewed current NEPA practices - over 600 substantive comments from Federal, State and local substantive comments from Federal, State and local governments, Tribes, organizations, and individuals.governments, Tribes, organizations, and individuals.

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It’s Not NEPA, It’s How We It’s Not NEPA, It’s How We

ImplementImplement Task Force issued report, "Modernizing NEPA Task Force issued report, "Modernizing NEPA

Implementation," Implementation," http://ceq.eh.doe.gov/nepa/nepanet.htm http://ceq.eh.doe.gov/nepa/nepanet.htm

CEQ hosted four public roundtables – panels of NEPA CEQ hosted four public roundtables – panels of NEPA experts and interested citizens around the countryexperts and interested citizens around the country

CONCLUSIONCONCLUSION: The NEPA statute and the CEQ : The NEPA statute and the CEQ

implementing regulations are implementing regulations are not impedimentsnot impediments. .

Instead, Instead, agency implementation practicesagency implementation practices need to be need to be modernized, to take into account new practices and modernized, to take into account new practices and capabilities.capabilities. CEQ and the federal agencies are working to develop new CEQ and the federal agencies are working to develop new

guidanceguidance

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Categorical ExclusionsCategorical Exclusions Develop guidance on how to develop and revise Develop guidance on how to develop and revise

categorical exclusions (CEs)categorical exclusions (CEs) How does one describe a category of actions, substantiate the How does one describe a category of actions, substantiate the

determination that the category of actions does not individually or determination that the category of actions does not individually or cumulatively have a significant effect on the quality of the human cumulatively have a significant effect on the quality of the human environment, and involve the public in the development of CEs?environment, and involve the public in the development of CEs?

Develop guidance on applying a CE to specific proposed Develop guidance on applying a CE to specific proposed

actions.actions. How can a CE be demonstrated as appropriate for a proposed How can a CE be demonstrated as appropriate for a proposed

action, and how can agencies better inform interested and affected action, and how can agencies better inform interested and affected parties?parties?

Develop guidance to federal agencies on ways to Develop guidance to federal agencies on ways to collaboratively monitor proposals that rely upon the use of collaboratively monitor proposals that rely upon the use of CEs to satisfy NEPA.CEs to satisfy NEPA.

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Environmental Assessments Environmental Assessments (EAs)(EAs)

Develop guidance to address:Develop guidance to address: the requirements and contents of EAs; the requirements and contents of EAs; the appropriate range in size of EAs based on the the appropriate range in size of EAs based on the

magnitude and complexity of environmental issues, magnitude and complexity of environmental issues, public concerns, and project scope; public concerns, and project scope;

public involvement; public involvement; alternatives; and alternatives; and mitigation, particularly when the EA concludes with a mitigation, particularly when the EA concludes with a

mitigated finding of no significant impact. mitigated finding of no significant impact.

Develop guidance to federal agencies on ways to Develop guidance to federal agencies on ways to

collaboratively monitor the use of EAs.collaboratively monitor the use of EAs.

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Improved CollaborationImproved Collaboration Develop and publish a Citizens’ Guide to NEPADevelop and publish a Citizens’ Guide to NEPA

Develop guidance on the components of successful collaborative Develop guidance on the components of successful collaborative agreements, provide examples (templates) applicable to various agreements, provide examples (templates) applicable to various types of NEPA analyses and stages of the NEPA process (from types of NEPA analyses and stages of the NEPA process (from initiation or scoping through publication). initiation or scoping through publication).

Develop a “best practices” handbook with case studies that Develop a “best practices” handbook with case studies that showcase the characteristics of successful collaborative efforts.showcase the characteristics of successful collaborative efforts.

Develop training for senior decision-makers that describes how a Develop training for senior decision-makers that describes how a well run NEPA process benefits management. well run NEPA process benefits management.

Develop handbooks that describe how interested and affected Develop handbooks that describe how interested and affected parties (e.g., tribes, NGOs, permit applicants, state and local parties (e.g., tribes, NGOs, permit applicants, state and local governments and the public) can be involved in the NEPA process governments and the public) can be involved in the NEPA process and help inform and focus a timely process.and help inform and focus a timely process.

Develop training for interested and affected parties on the principles Develop training for interested and affected parties on the principles of NEPA and NEPA requirements, agencies’ missions, scoping, of NEPA and NEPA requirements, agencies’ missions, scoping, collaboration skills, dispute resolution, and effective public collaboration skills, dispute resolution, and effective public involvement.involvement.

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Adaptive Management & Adaptive Management & MonitoringMonitoring

Develop guidance on integrating the NEPA Develop guidance on integrating the NEPA process with environmental management process with environmental management systems (EMS).systems (EMS).

Develop a “best practices” handbook on adaptive Develop a “best practices” handbook on adaptive management processes and EMS with case management processes and EMS with case studies that highlight successful characteristics. studies that highlight successful characteristics.

Support demonstration projects that use EMS in Support demonstration projects that use EMS in conjunction with a NEPA process to make conjunction with a NEPA process to make decisions that use the EMS to manage the decisions that use the EMS to manage the operational and environmental effects of the operational and environmental effects of the decision in an adaptive management process. decision in an adaptive management process.

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Develop a handbook to address the coordination of Develop a handbook to address the coordination of NEPA with other major environmental consultation NEPA with other major environmental consultation requirementsrequirements Section 404 of the Clean Water ActSection 404 of the Clean Water Act Section 7 of the Endangered Species ActSection 7 of the Endangered Species Act Section 106 of the National Historic Preservation ActSection 106 of the National Historic Preservation Act Clean Air ActClean Air Act

Work of Energy Project Task Force is addressing these Work of Energy Project Task Force is addressing these areas through interagency MOU for specific types of areas through interagency MOU for specific types of energy projectsenergy projects

Longer-term innovation through use of information Longer-term innovation through use of information technology: improve early identification of permit needs technology: improve early identification of permit needs and potential issues; allow greater coordination; prevent and potential issues; allow greater coordination; prevent “reinventing wheel”“reinventing wheel”

Align NEPA With Other LawsAlign NEPA With Other Laws

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Is NEPA Preventing Energy Is NEPA Preventing Energy Development?Development?

No, but inefficient implementation of NEPA can No, but inefficient implementation of NEPA can delay or prevent energy projects from going delay or prevent energy projects from going forward.forward.

The Bush Administration is working with all The Bush Administration is working with all interested stakeholders to improve NEPA interested stakeholders to improve NEPA implementation.implementation.

Doing so will provide the energy resources Doing so will provide the energy resources America needs, and protect the environment America needs, and protect the environment America values.America values.