ABSTRACT
The Council on Environmental Quality has published answers to "forty most asked questions concerning CEQ's National Environmental Policy Act Regulations" in Federal Register, 46, 55, 1981. So long as NEPA enforcement is active, the answers to these questions will be important information for professionals involved in NEPA documentation. Therefore, these questions and answers are provided below for the information of the reader. The subjects covered by the 40 questions are as follows:
1. Range of alternatives
2. Alternatives outside the capability of applicant or jurisdiction of agency
3. No action alternative
4. Preferred alternative of the agency
5. Proposed action vs. preferred alternative
6. Environmentally preferable alternative
7. Difference between sections of EIS on alternatives and environmental consequences
8. Early application of NEPA
9. Applicant who needs other permits
10. Limitations on action during 30-day review period for final EIS
11. Limitations on actions by an applicant during EIS process
12. Effective date and enforceability of the regulations
13. Use of scoping before notice of intent to prepare EIS
14. Rights and responsibilities of lead and cooperating agencies
15. Commenting responsibilities of EPA
16. Third party contracts
17. Disclosure statement to avoid conflict of interest
18. Uncertainties about indirect effects of a proposal
19. Mitigation measures
20. Worst case analysis
21. Combining environmental and planning documents
22. State and federal agencies as joint lead agencies
23. Conflicts of federal proposal with land use plans, on policies and controls
24. Environmental impact statements on policies, plans or programs
25. Appendices and incorporation by reference
26. Index and keyword index in EISs
27. List of preparers
28. Advance or photocopies of EIS
29. Responses to comments
30. Adoption of EISs
31. Application of regulations to independent regulatory agencies
32. Supplements to old EISs
33. Referrals
34. Records of decision
35. Time required for the NEPA process
36. Environmental assessments (EA)
37. Findings of no significant impact (FONSI)
11838. Public availability of EAs vs. FONSIs
39. Mitigation measures imposed in EAs and FONSIs
40. Propriety of issuing EA when mitigation reduces impacts
41. An often-asked question, not covered by the CEQ list of questions: do the purpose and need refer to the NEPA document or to the proposed action? The answer: the purpose and need refer to the proposed action, i.e., what is the purpose of the proposed action and what need does it fulfill? For example, the purpose of constructing the coal-fired power plant, of our earlier example, is to provide the needed electrical power. The need for power has to be discussed in detail relative to available power and projected demands for power over the duration of the operation of the proposed power plant.
