Summary of the National Environmental Policy Act and Implementing Regulations - Environmental Impact Analysis: Process and Methods - page 42

requests for clarification regarding the regulations. In response and in order
to assist NEPA practitioners, CEQ prepared a memorandum entitled “Forty
Most Asked Questions Concerning CEQ's National Environmental Policy
Act Regulations” ( Federal Register , Vol. 46, No. 55, March 17, 1981). The full
text of the questions and CEQ's responses can be accessed both through the
Federal Register and the CEQ web page (www.whitehouse.gov/administra-
tion/eop/ceq) and the questions are summarized in Table 2.3.

TABLE 2.3
Summary of 40 Most Asked NEPA Questions

1 What is the “range of alternatives” and how many alternatives must be considered in a

NEPA document?

2 Must an EIS address alternatives that are outside an agency's jurisdiction or beyond the

capability of an environmental permit applicant?

3 What is the “No Action” alternative and must it be addressed in all EISs?

4 What is meant by the “agencies preferred alternative,” does it have to be identified in

the draft and final EIS, and who selects this alternative?

5 What is the “proposed action,” is it different from the “preferred alternative,” and is it

to be treated differently in the EIS from the analysis of alternatives?

6 What is meant by the “environmentally preferred alternative” and who selects this

alternative?

7 What is the difference between the “environmental consequences” and the “alternatives”

sections of an EIS?

8 What is expected of agencies with respect to “early application of NEPA” in cases of

nonfederal entities' permit applications or other support by the agency?

9 What is an agency's responsibility for coordination in cases of issuing an environmental

permit or funding if actions of other federal agencies are involved?

10 What actions can be taken by a federal agency or a delegated state or local agency

during the preparation and review of an EIS?

11 If an agency learns that a nonfederal applicant is about to take action covered by NEPA

prior to completion of a NEPA process, what is their responsibility?

12 Can proposed actions be “grandfathered” if they were conceived before CEQ

Regulations?

13 Can the EIS scoping process begin before issuance of Notice of Intent, such as during

preparation of an EA?

14 What are the roles, responsibilities, rights, and dispute resolution procedures among

lead, supporting, and state agencies?

15 Are EPA's obligations under Section 309 of the Clean Air Act independent of their

responsibility as a cooperating agency?

16 What is an EIS preparation “third party contract”?

( Continued )