NEPA Application

The NEPA process begins when a federal agency develops a proposal to take a "major federal action". Generally, a major federal action is an action that a particular agency has substantial federal control and responsibility. Actions that are examples of federal action that constitute major federal actions are defined in 40 C.F.R 1508.1(w)(1)(i-vi). Actions that are examples of federal action that do not constitute major federal actions are defined in 40 C.F.R. 1508.1(w)(2)(i-vii). 

NEPA Review Process

Once federal action is classified as a major federal action, the NEPA review process begins. The NEPA review process can involve three different levels of analysis: (1) Categorical Exclusions, (2) Environmental Assessments and Findings of No Significant Impact, and (3) Environmental Impact Statements. 

Categorical Exclusion

A federal action may be categorically excluded ("CATEX") from a detailed environmental analysis when: (1) the federal agency has determined in its agency NEPA procedures under 40 C.F.R. § 1507.3 or (2) pursuant to 40 C.F.R. § 1501.4(c) that such action does not have a significant effect on the human environment. 

Environmental Assessments

If a federal action does not fall within a categorial exclusion, the federal agency must then prepare an Environmental Assessment ("EA"). The EA determines whether or not a federal action has the potential to cause significant environmental effects. 

Environmental Assessments Generally

Each federal agency has adopted its own procedures for preparation of an EA. As a general matter, EA's include: 

(1) the purpose and need for the proposed action;

(2) alternatives to the federal action (as required by 40 C.F.R. § 1502.2(e)); 

(3) the environment impacts of the proposed actions and alternatives;

(4) a listing of agencies and person consulted. 

Post Environmental Assessment and Findings of No Significant Impact

If the agency determines that the action will not have significant environmental impacts, the agency will issue a Finding of No Significant Impact (FONSI). A FONSI is a document that presents the reasons why the agency has concluded that there are no significant environmental impacts expected to occur upon execution of the agencies action. If a FONSI is not filed and the EA determines that the environmental impacts of a proposed federal action will be significant, an Environmental Impact Statement (EIS) is prepared.

Environment Assessments & Reviews in Oklahoma 

DEQ's Office of Business and Regulatory Affairs (OBRA) coordinates environmental impact reviews for areas under DEQ jurisdiction. When a request for an environmental impact review is received the OBRA cosults with the DEQ's air, land, water, and local service divisions to identify potential environmental issues and regulatory requirements. Once a request is completed, OBRA will send a response summarizing it's findings. 

Submitting a Request

Requests should be emailed in pdf format to EnvReviews@deq.ok.gov or submitted via the online portal, and include the following information: (1) Project name, (2) Brief project description, including year of construction for building renovation projects, (3) Project Location: street address, section/township/range, or other location information. 

For more information contact:

Jon Roberts: Senior Manager: Office of Business and Regulatory Affairs

Oklahoma Department of Environmental Quality; Phone Number: (405) 702-7111