Module 3 Flashcards
collection of laws and regulations pertaining to air quality, water quality, the wilderness, endangered wildlife and other environmental factors
Environmental Legislation
common goal is regulating the interaction between man and the natural world to reduce threats to the environment and increase public health
umbrella of environmental legislation
enacted by the Congress to establish a national policy for the environment and provide for the establishment of the Council on Environmental Quality (CEQ)
NEPA
What does CEQ stand for?
Council on Environmental Quality
first major environmental law in the US and is often called the _____ of Federal environmental laws
NEPA, Magna Carta
Who and when was NEPA signed into law?
President Richard Nixon, January 1,1970
What section of NEPA sets forth a national policy “to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in a productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans?”
Section 101
What section of NEPA established procedural requirements, applying that national policy to proposals for major Federal actions significantly affecting the quality of the human environment by requiring Federal agencies to prepare a detailed statement?
Section 102
In Section 102 of NEPA, what for is the detailed statement?
- the environmental impact of the proposed action
- any adverse effects that cannot be avoided
- alternatives to the proposed action
- relationship between short-term use of environment and long-term maintainability and enhancement
- any irretrievable commitments of resources involved
NEPA ensures agencies consider the significant environmental consequences of their proposed actions and inform the public about their _______.
decision making
Countries and non-governmental organizations all over the globe have created their own environmental impact assessment programs, modeled upon NEPA, making NEPA an ________ in the field of environmental protection.
international catalyst
Where did NEPA establish CEQ to ensure that Federal agencies meet their obligations under NEPA?
within the Executive Office of the President
oversees NEPA implementation
Council on Environmental Quality CEQ)
also reviews and approves Federal agency NEPA procedures, approves alternative arrangements for compliance with NEPA for emergencies, and helps to resolve disputes between Federal agencies and with other governmental entities and members of the public
Council on Environmental Quality (CEQ)
one of its major responsibilities is to develop and recommend national policies to the President that promote the improvement of environmental quality and meet the Nation’s goal
Council on Environmental Quality (CEQ)
Oversees implementations through issuing guidance and creating
regulations regarding the NEPA process/procedure
CEQ
Established to ensure that federal agencies meet their obligations
under NEPA
CEQ
Facilitates interagency coordination to resolve environmental issues
present
CEQ
Develop and promote environmental policies and initiatives
CEQ
CEQ comprehensively updated its NEPA implementing regulations ____ CFR Parts ______, first issued in ______
40, 1500-1508, 1978
Why did CEQ comprehensively update its NEPA implementing regulations?
modernize provisions, streamline infrastructure project development, promote better decision making by the Federal government
when was the final rule CEQ published?
July 16, 2020
when did the final rule CEQ become effective?
September 14, 2020
begins when a federal agency develops a proposal to take a major federal action
NEPA process
What is NEPA?
National Environmental Policy Act
3 Different Levels of analysis in NEPA Review Process
Categorical Exclusion Determination (CATEX), Environmental Assessment/Finding of No Significant Impact (EA/FONSI), Environmental Impact Assessment (EIS)
A federal action may be “_______” from a detailed environmental analysis when the federal action normally does not have a significant effect on the human environment.
categorically excluded
A proposal can be considered in this level if it has been proven that
the proposed action does not have a significant effect on the
environment.
Categorical Exclusion Determination (CATEX)
A proposal can be considered CATEX due to the reason that the action has been _________ or by common sense that it will not result to a significant impact.
implemented already in the past
What does CATEX mean?
Categorical Exclusion Determination
Examples of CATEX
Research and Data Collection, Routine Activities
conducted to identify whether the proposed action will have a
significant environmental impact or not by means of evaluating these
potential effects and alternatives given
Environmental Assessment (EA)
includes purpose and need of the
proposed action, environmental impacts, alternatives, and list of
agencies consulted
Environmental Assessment (EA)
determines whether or not a federal action has the potential to cause significant environmental effects
Environmental Assessment
The EA includes a brief discussion of:
- the purpose and need for the proposed action
- alternatives (as req’d by section 102(2)(E) of NEPA)
- the environmental impacts of the proposed action and alternatives
- a listing of agencies and persons consulted
What will be issued by the agency if the agency determines that the action will not have significant environmental impacts?
Finding of No Significant Impact (FONSI)
document that presents the reasons why the agency has concluded that there are no significant environmental impacts projected to occur upon implementation of the action
FONSI
What does FONSI stand for?
Finding of No Significant Impact
What will be prepared if the EA determines that the environmental impacts of a proposed Federal action will be significant?
Environmental Impact Statement (EIS)
What does EIS stand for?
Environmental Impact Statement (EIS)
Upon issuance of _____, the proposed action may be carried out.
FONSI
The regulatory requirements for an ____ are more detailed and rigorous than that of an EA.
EIS
EIS process
initiation, drafting of EIS, Final EIS, Issuance of Record of Decision
informing public about the environmental analysis
initiation
published for public review for at least 45 days
Drafting of EIS
final environmental analysis
final EIS
explains the decision, alternatives
considered, and plans for mitigation
Issuance of Record of Decision
starts the scoping process
Notice of Intent
period in which the federal agency and the public collaborate to define the range of issues and potential alternatives to be addressed in the EIS
scoping process
Where does an agency publish a Notice of Intent?
Federal Register
provides responses to substantive comments
Final EIS
EPA publishes a ______ in the Federal Register, announcing the availability of both draft and final EISs to the public.
Notice of Availability
explains the agency’s decision; describes the alternatives the agency considered; discusses the agency’s plans for mitigation and monitoring, if necessary
Record of Decision (ROD)
What does ROD stand for?
Record of Decision
What is included in an EIS?
Cover Sheet; Summary; Table of Contents; Purpose and need statement; Alternatives; Affected environment; Environmental consequences; Submitted alternative, information, and analyses; List of preparers; Appendices
A summary of the EIS, including the major conclusions, area of disputed issues, and the issues to be resolved.
Summary
Assists the reader in navigating through the EIS
Table of Contents
Explains the reason the agency is proposing the action and what the agency expects to achieve
Purpose and need statement
Consideration of a reasonable range of alternatives that can accomplish the purpose and need of the proposed action.
Alternatives
Describes the environment of the area to be affected by the alternatives under consideration
Affected environment
A discussion of the environmental effects and their significance.
Environmental consequences
A summary that identifies all alternatives, information, and analyses submitted by state, tribal, and local governments and other public commenters for consideration during the scoping process or in developing the final EIS.
Submitted alternative, information, and analyses
A list of the names and qualifications of the persons who were primarily responsible for preparing the EIS.
List of preparers
provide background materials prepared
in connection with the EIS
Appendices
When is a supplement to the EIS required?
changes in project design, new information, revisions in regulatory requirements
What is PD 1586?
Environmental Impact Statement of 1978
What is Article 1 of PD 1586?
Basic Policy, Operating Principles, Objectives, and Definition of Terms
What is Article 1 Section 1 of PD 1586?
Basic Policy and Operating Principles
What is Article 1 Section 2 of PD 1586?
Objectives
What is RA 6969?
Toxic Substances, Hazardous, and Nuclear Waste Control Act of 1990
this law aims to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk to human health
RA 6969 Toxic Substances, Hazardous, and Nuclear Waste Control Act of 1990
What is Chapter 1 of RA 6969?
General Provisions
What is Chapter 1 Section 2 of RA 6969?
Declaration Policy
What is Chapter 2 of RA 6969?
Administrative Provision
What is Chapter 2 Section 7 of RA 6969?
Powers and functions of the Department of the Environment and Natural Resources
What is Chapter 3 of RA 6969?
Inter-Agency Technical Advisory Council
What is Chapter 3 Section 12 of RA 6969?
Composition of the Inter-Agency Technical Advisory Council
Who is the Chairman of the Inter-Agency Technical Advisory Council?
Secretary of Environment and Natural Resources
Members of the Inter-Agency Technical Advisory Council
> representative from NGO on health and safety
Director of Philippine Nuclear Research Institute
Secretary of:
- Health
- Trade and Industry
- Science and Technology
- National Defense
- Foreign Affairs
- Labor and Employment
- Finance
- Agriculture
The representative from the NGO shall be appointed by the President for a term of ____ years.
3
What is RA 8749?
Philippine Clean Air Act of 1999
This law aims to achieve and maintain clean air that meets the National Air Quality guideline values for criteria pollutants, throughout the Philippines, while minimizing the possible associated impacts to the economy.
RA 8749 Philippine Clean Air Act of 1999
Compositional and Organizational Set-up of the Board (RA 8749 Part 5 Rule 15 Section 5)
a. Provincial Governors from areas belonging to the airshed
b. City or Municipal Mayors from areas belonging to the airshed
c. a representative from each concerned government agency
d. representatives from people’s organizations
e. representatives from NGOs
f. representatives from the private sector
There shall be two Deputy Chairpersons, namely, the _______ and ________ in the region where the airshed is located.
Department Regional Executive
Director, Regional Director
expected ratio of the number of Board reps from gov’t agencies to those from non-gov’t agencies or orgs
60/40
Functions of the Board (RA 8749 Part 5 Rule 15 Section 6)
- formulation of policies and standard-setting
- preparation of a common action plan
- coordination of functions among its members
- submission and publication of an annual Air Quality Status Report for each airshed
What is RA 9003?
Ecological Solid Waste Management Act of 2000
This law aims to adopt a systematic, comprehensive, and ecological solid waste management program that shall ensure the protection of public health and environment.
RA 9003 Ecological Solid Waste Management Act of 2000
This law ensures proper segregation, collection, storage, treatment, and disposal of solid waste through the formulation and adaptation of best eco-waste products.
RA 9003 Ecological Solid Waste Management Act of 2000
prepares the National Solid Waste Management Framework
National Solid Waste Management Commission
What is RA 9275?
Philippine Clean Water Act of 2004
This law aims to protect the country’s water bodies from pollution from land-based sources.
RA 9275 Philippine Clean Water Act of 2004
