Applying the NEPA Process to NASA’s Mission

National Environmental Policy Act (NEPA) at NASA

Objective of NEPA

The main objective of the NEPA process is to protect and enhance the quality of the human environment.

• The first is to integrate environmental considerations into the planning of the NASA actions as early as possible.
• The second is to ensure the environment, social (e.g., environmental justice) technical, and economic considerations are weighed during decision making and before any actions are taken.
• The third is to ensure the decision maker and the public are aware of environmental consequences of proposed NASA actions and that informed decisions are made.

Implementing NEPA

NASA follows the national NEPA implementing regulations administered by the White House Council on Environmental Quality (CEQ), applicable Executive Orders and guidance document, as well as NASA’s NEPA implementing regulations. NEPA is a procedural law that requires Federal agencies to look at the full spectrum of environmental resources or media such as air, water, threatened and endangered species, soils, hazardous materials, cultural resources, etc.. Due to this comprehensive review of potential environmental effects, NEPA it is often referred to as “umbrella” legislation. The NEPA process involves coordinating compliance with other environmental laws including the Clean Air Act, Clean Water Act, National Historic Preservation Act and Endangered Species Act.

Once the environmental evaluation is complete (usually with a checklist), then the documentation required is determined. There are three levels of process and documentation that are integral components of the overall NEPA process.

• The first level being Categorical Exclusion (CatEx), which documents proposed actions or activities that the NASA has designated as normally having no adverse impacts on the human environment. If it is determined to be a CatEx, then a Record of Environmental Consideration (REC) is typically prepared.
• The second level is an Environmental Assessment (EA), which 1) documents major proposed actions or activities that could possibly have a significant impact on the human environment, or 2) indicates if it is unclear whether or not there are any significant impacts on the environment. If an EA analysis does not identify significant impacts anticipated from implementing the program or project, then the decision is documented as a Finding of No Significant Impact (FONSI). If significant impacts are identified, then the decision is documented as a Notice of Intent (NOI) to initiate scoping for an Environmental Impact Statement.
• The third level is an Environmental Impact Statement (EIS), which documents proposed actions or activities expected to have a significant impact on the quality of the human environment. The EIS will describe the proposed action, any alternative actions that were identified, and the environmental impacts associated with the alternative actions. The decision on which action to implement is documented by a Record of Decision (ROD).

Programmatic EAs and EISs

NASA develops Programmatic EAs and EISs to provide the basis for decisions to approve broad or high-level decisions such as identifying geographically bounded areas of a new program or initiative within which future proposed activities. Programmatic analysis is a valuable NEPA approach to  identifying broad mitigation and conservation measures that can be applied to subsequent tiered reviews. Many Programmatic EAs provide checklists used to support tiered NEPA documentation. NASA follows CEQ’s guidance on programmatic NEPA reviews:  https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Effective_Use_of_Programmatic_NEPA_Reviews_Final_Dec2014_searchable.pdf

Mitigation

After the decision is made, then the proposed action is implemented with (or without) mitigation measures and monitored. Mitigations avoid or reduce the impact of the action and can include:

• Avoiding the impact by not taking action or not implementing certain parts of the action,
• Minimizing impacts by limiting the degree or magnitude of the action,
• Repairing, rehabilitating, or restoring the affected environment,
• Reducing or eliminating the impact by preservation and maintenance operations during implementation over time, and
• Compensating for the impact by replacing or providing for substitute resources or environments.

Reach of NEPA

NEPA applies to federal actions conducted in the United States. While NEPA does not apply to extraterritorially, NEPA analysis would include the potential extraterritorially impacts if the action is initiated in the United States, e.g., reentry to international waters of payloads or return of launch vehicles to a barge outside the Exclusive Economic Zone, typically considered 200 nautical miles within which a coastal nation has jurisdiction over both living and nonliving resources.

EO 12114

NEPA does not apply to actions that are entirely executed outside the EEZ or overseas. NASA assesses the potential environmental impacts of new programs and projects on the global commons in accordance with EO 12114. More information is available on this website under the International Programs tab:  https://www.nasa.gov/emd/nepa-international-programs/.