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Feb 20, 2024

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Sierra Marquardt PLG-203-2310 A2 Instructor McGrath-Cruz January 1, 2024 Federal agencies are obligated to create procedures that coincide with CEQ guidelines. Ordinarily, the first step in the process is to determine whether a Categorical Exclusion applies to the disposal facility and if not, the federal agency must then prepare an Environmental Assessment (EA). The purpose of the EA is to determine if the disposal facility has the potential to significantly affect the environment. The EA must include the need for the disposal facility, any alternatives to the facility, any environmental impacts and with whom was consulted with in making the assessment. The EA will be used in determining the next step which could include a determination that the facility will not have any significant impacts on the environment resulting in an issuing of a Finding of No Significant Impact (FONSI). On the other hand, if the EA results in a determination that the facility will significantly impact the environment, then an Environmental Impact Statement is prepared. Ms. Flowers would publish first publish a Notice of Intent in the Federal Register. In purpose of the Notice of Intent is to inform the general public of the draft ES and outlines the possible avenues that the public can involve themselves in the project. The Notice of Intent informs the public of the upcoming environmental analysis and describes how the public can become involved in the EIS preparation. During the Notice of Intent period, Ms. Flowers and the public would work to find potential alternatives and outline potential issues of the project. Then the draft EIS would be published with the Federal Register for a minimum of 45 days in which the public can make comment on the draft. At the end of the 45 days, after an addition 30 day “wait period”, Ms. Flowers would then publish a Notice of Availability in the Federal Register which publicizes the availability of the draft EIS and the Final EIS that includes

responses to the comments made during the Notice of Intent period. The issuance of the Record of Decision (ROD) is the final step in the EIS process. The DOR includes the decision, 1 alternatives and plans to monitor or mitigate potential issues. “Agency NEPA Implementing Procedures.” NEPA | National Environmental Policy Act - Agency NEPA Implementing Procedures, 27 Jan. 2023, ceq.doe.gov/laws- regulations/agency_implementing_procedures.html.

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