Reference Guide to Emerging Technologies to Implement NEPA

1. What is the legal code describing US Federal Environmental Impact Statement?

The National Environmental Policy Act of 1969
The Clean Air Act, Sec 309
Executive Orders

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2. What are the regulations requiring an Environmental Impact Statement?

40 CFR Part 1500-1508

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3. Who needs to file an Environmental Impact Statement?
"All Federal agencies should file an environmental impact statement (EIS) for every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment" (42 USC 4332 Sec 102 (2) (c)).

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4. What information about NEPA and the Environmental Impact Statement process is available on the Web?
In-depth information about NEPA can be accessed on the CEQ's NEPAnet site.

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5. What GIS tools already exist that could be used in the NEPA process?

The United States Environmental Protection Agency (EPA) is central to the NEPA decision-making process. Much of EPA’s responsibilities to NEPA reside with the ten Regional offices, each of which has a GIS Working Group, and many of the EPA Regions are integrating GIS into their NEPA assessment processes.

The EPA Region 2 Office, for example, has a very well developed GIS program, as detailed on their Web site http://www.epa.gov/region02/gis/index.html. The Web site links to Region 2's GIs database of spatial data in thematic categories covering everything from basic mapping information to pollutant source, natural resource, demographic, modeling, and monitoring data.

EPA has developed a Regional Vulnerability Assessment (ReVA) program which has extensive applications to environmental impact analyses. ReVA and similar initiatives can play a critical role in the Environmental Impact Statement process, especially with regard to documenting alternatives to the proposed project, through providing an accurate, spatially referenced model for environmental vulnerability and by providing a predictive tool to be used in visualizing potential consequences of environmental change through scenario creation. The goal of ReVA is to “develop and demonstrate an approach to comprehensive, regional-scale assessment that effectively informs decision-makers as to the magnitude, extent, distribution, and uncertainty of current and anticipated environmental vulnerabilities.”

The EPA's Office of Enforcement and Compliance Assessment (OECA) has developed an Environmental Justice Query Mapper (EnviroJustice Mapper) which uses a combination of facility permit information and GIs data including demographics, health data, and land features.

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6. How can emerging technologies improve the Environmental Impact Statement process?

Remote Sensing: Even a quick look at some of NASA's satellite imagery can make evident the enormous potential role that satellite and aerial imagery and data could play in improving the EIS process. Remote sensing and other digital technologies can respond to the needs of agencies conducting environmental assessments, particularly of large, remote areas or over a long time scale. Digital tools can be used to monitor the long-term progress and impact of the proposed projects, as well as assist in the analysis of alternative projects. Furthermore, remote sensing may provide for the long-term monitoring to check whether the predictive modeling in the EIS and EA were accurate. These long-term monitoring capabilities may lead to the development of laws with a system of reparations if actual impact to the environment deviates from the predictions set forth in and Environmental Impact Statement (EIS).

Global Positioning System: When collecting data, using a handheld computer with an associated GPS receiver in the field can give scientists very accurate spatially (place) and temporally (time) referenced data. One critical method of data validation is simply making sure that all data sets are tagged spatially and temporally. Spatial tagging refers to having latitude-longitude information associated with each dataset, so that the area that the data was collected from is delineated, preferably in a digital format. Temporal tagging refers to having an accurate date and time associated with each dataset, so that, if necessary, the data can be reused to compare change over time. GPS data is critical for data collection efficiency and to leverage data value in the EIS process. Baselines or points of reference will have more significantly meaning if the information is accurate as to place and time collected. Single data may be used for multiple purposes in the process. Decisions makers are able to apply value to historical data and that collected as part of another regulatory programs if point on the globe and time period is assigned. The NEPA community could benefit from new wealth of relevant and appropriate information to understand how a major action may test the limits of an ecosystem or design and site a project. Likewise, additional people could leverage the NEPA collected data for other applications in developing future EIS, wholly unrelated to the EIS at hand.

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The materials on this Web site were developed by Ken Markowitz as part of a presentation at the ALI-ABA Course of Study: Environmental Impact Assessment: NEPA (National Environmental Policy Act) and Related Requirements, December, 2001, Washington, DC.