Frequently Asked Questions

By partnering with us, you gain access to a team of dedicated environmental and cultural specialists who are committed to delivering practical, cost-effective solutions tailored to your industry. 

Who needs environmental compliance services?

Nearly every industry and federally and state funded project is subject to environmental regulations, with requirements becoming more detailed for larger operations. Some of the sectors that frequently require these services include: 

Transportation

  • Roads:
    Building and maintaining streets, highways, and roads for personal and public transit. 

  • Bridges and Tunnels:
    Constructing and repairing bridges, tunnels, and overpasses to connect areas and manage traffic flow. 

  • Aviation:
    Developing and maintaining airports and related facilities. 

  • Rail and Transit:
    Building and upgrading rail lines, stations, and public transit systems like subways and trams. 

  • Marine:
    Developing ports, harbors, and canals for shipping and trade. 

Utilities

  • Water:
    Projects that include dams, levees, water treatment plants, and clean water supply systems. 

  • Waste Management:
    Construction and maintenance of facilities like landfills, recycling centers, and wastewater treatment plants. 

  • Energy:
    Developing and upgrading power plants (nuclear, solar, wind), electrical grids, and transmission lines. 

    • Renewable energy sources:

      1. Solar energy

      2. Wind energy

      3. Geothermal energy

      4. Hydro energy

    • Non-renewable energy sources:

      1. Oil (Petroleum)

      2. Natural Gas

Communications

  • Telecommunications:
     Building and maintaining networks for phone service and Internet access.

  • Broadband:
    Developing infrastructure for high-speed internet connectivity. 

    • To solve the digital divide, a combination of strategies is needed, including developing robust and affordable broadband infrastructure, increasing access to internet-enabled devices and technical support, providing digital literacy training, and fostering public-private partnerships. 

    • Expand Broadband Infrastructure:

      Invest in building high-speed internet networks, particularly in underserved rural, tribal and low-income areas. 

Other types

  • Social: Facilities such as schools, hospitals, and government buildings. 

  • Recreation: Projects that create public recreational spaces like parks, beaches extensive hiking and biking trail systems 

  • Commercial and Industrial: Construction of buildings and facilities for business and industry. 

  • Critical Infrastructure: A broad category that includes sectors like emergency services, dams, and the food and agriculture industries.

    What are the main benefits of environmental compliance?

    Beyond the legal obligation, adhering to environmental regulations offers several significant business advantages: 

  • Avoids fines and penalties: Ensures companies meet legal standards, which avoids costly fines, legal fees, and operational shutdowns.

  • Enhances reputation and public trust: Demonstrates a commitment to sustainability, which can increase customer loyalty and attract investors.

  • Improves operational efficiency: Strategies that reduce waste, energy use, and pollution can lead to lower operational costs.

  • Reduces risk and liability: Proactively addressing environmental risks minimizes the potential for environmental incidents and associated legal liabilities.

  • Boosts competitive advantage: A strong environmental record can differentiate a company from its competitors in the marketplace

What happens if an organization fails to comply?

Non-compliance can lead to serious consequences, including: 

  • Significant financial penalties from regulatory bodies like the EPA to local community stakeholders and jurisdictions.

  • Legal liabilities and lawsuits.

  • Operational disruptions, including forced shutdowns.

  • Damage to public image and reputation, which can impact customer, investor and community trust.

What is considered a "ground disturbance" ?

It is any activity that alters the surface of the ground. This includes grading, trenching, excavation, digging for foundations, and installing posts or utilities.

What is the Environmental and Historic Preservation (EHP) review?

It is a review process that federal agencies and grant recipients must complete to ensure a state and federally funded project complies with EHP laws and executive orders. It must be completed before any funds are released for a project.

When must the EHP review be completed?

The review must be completed before any ground-disturbing work begins or any funds are committed to the project. Taking "choice-limiting actions" (CLA) before approval, such as starting construction, can jeopardize federal funding.

What are the most common challenges in achieving due diligence documentation to achieve environmental compliance due to ground disturbance activities for federally funded projects?

National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Endangered Species Act (ESA) and Wetlands - Section 404 of the Clean Water Act (CWA).

Cultural resources are physical evidence of past human activity, such as archaeological sites, historic buildings, structures, and objects. They are non-renewable and important for understanding human history. For federally funded projects, National Historic Preservation Act (NHPA) requires federal agencies to consider the effects of their actions on historic properties and consult with State or Tribal Historic Preservation Offices (SHPO/THPO). The process begins with identifying if a project will have an effect on historic properties and then evaluating that effect. If an adverse effect is found, the project must include conditions to avoid, minimize, or mitigate the impact, with the goal of preserving cultural and archaeological resources. 

Endangered species requires federal agencies to consult with the U.S. Fish and Wildlife Service (USFWS) or NOAA Fisheries to ensure the project won't jeopardize listed species or their critical habitat. This typically involves completing a consultation process and submitting a comprehensive package with project details, impact analysis, and relevant reports to the agency funding the project, with options for project modification or alternative siting if impacts are significant.

The National Environmental Policy Act of 1969 (NEPA) requires federal agencies to consider the potential environmental impacts of their proposed actions before making a decision. Since awarding a grant, loan, or other federal funding is considered a "major federal action," NEPA is triggered for any project receiving federal financial assistance. This process is intended to ensure that federal agencies make informed decisions that take environmental, social, and economic effects into account.

The Clean Water Act -Section 404: This section is the primary tool for regulating activities in wetlands. It requires a permit from the U.S. Army Corps of Engineers for any discharge of dredged or fill material into wetlands. Goal: The CWA's overall purpose is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. Enforcement: The U.S. Environmental Protection Agency (EPA) has authority over the CWA's Section 404 program, including developing policy and enforcing its provisions. 

What are the three levels of NEPA review?

The level of NEPA review is determined by the project's potential environmental impact. The three levels are: 

  • Categorical Exclusion (CE/CATEX): For projects with no significant individual or cumulative environmental impact, requiring no further detailed review. Examples include minor repairs or data collection.

  • Environmental Assessment (EA): Used when the significance of environmental impact is uncertain. An EA helps the agency decide whether to issue a Finding of No Significant Impact (FONSI) or require an Environmental Impact Statement (EIS).

  • Environmental Impact Statement (EIS): Required for major federal actions likely to have a significant environmental impact. This is the most thorough review and includes public involvement. 

What is the difference between an Environmental Assessment (EA) and a Finding of No Significant Impact (FONSI)?

An EA analyzes potential environmental impacts, while a FONSI is issued after an EA if no significant environmental impact is found. 

What happens if significant impacts are identified in an EA?

If an EA indicates likely significant environmental impacts, a full EIS must be prepared. 

Who is responsible for conducting the NEPA review?

The federal funding agency is responsible for NEPA compliance, but the grant recipient must provide necessary project information. 

When does the NEPA review process begin and how long does it take?

The NEPA process should start early in project planning. Approval and fund release typically occur after NEPA completion.

The duration depends on the review level, but one thing is for certain - At Copacetic Environmental Compliance Solutions we have the fastest turn around time in the industry: 

  • Categorical Exclusion (CE): 1 month.

  • Environmental Assessment (EA): 3-6 months.

  • Environmental Impact Statement (EIS): 6 -12 months . 

What is the U.S. government’s stance on U.S. infrastructure development and environmental compliance in 2024 -2028?

The current administration strongly supports the development of modern, resilient infrastructure, including for the transportation, water, energy, and other critical sectors of our economy and an efficient and effective environmental compliance lifecycle for successful implementation.

Executive Order 13807

For many infrastructure projects, the permitting process can be fragmented, inefficient, unpredictable, and costly. Recognizing these challenges, in August 2017, the White House issued EO 13807, to reduce unnecessary duplication and uncertainty in the Federal environmental review and authorization process that can delay major infrastructure projects and hold back the American economy.

EO 13807 established a One Federal Decision policy for Federal environmental reviews of major infrastructure projects. The One Federal Decision policy sets a goal for completing environmental reviews for major infrastructure projects within 2 years. CEQ and the Office of Management and Budget (OMB), in consultation with the Federal Permitting Improvement Steering Council (Permitting Council), developed a framework for implementing the One Federal Decision policy, and on April 9, 2018, 11 Federal agencies and the Permitting Council signed a Memorandum of Understanding (MOU). Under the MOU, agencies have committed to greater coordination throughout the process to achieve the 2 year goal, including through the development of joint project schedules, in order to provide greater transparency, accountability, and predictability for project sponsors, applicants, and the public.

Implementation of the One Federal Decision policy

The Federal Infrastructure Permitting Dashboard tracks the Federal government’s environmental review and authorization processes for major infrastructure projects.

Documents and Guidance Related to EO 13807

To comply with section 5(d) of EO 13807, CEQ will refer various requests for designation of State projects pursuant to EO 13766, titled “Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects,” to the Permitting Council, Department of Transportation, and U.S. Army Corps of Engineers, as appropriate. Additional requests under EO 13766 will be reviewed by CEQ to determine whether a project qualifies as a high priority infrastructure project.

Source: https://trumpwhitehouse.archives.gov/ceq/initiatives/infrastructure/mm

Executive Order 13821—Streamlining and Expediting Requests To Locate Broadband Facilities in Rural America

Americans need access to reliable, affordable broadband internet service to succeed in today's information-driven, global economy. Currently, too many American citizens and businesses still lack access to this basic tool of modern economic connectivity.

This problem is particularly acute in rural America, and it hinders the ability of rural American communities to increase economic prosperity; attract new businesses; enhance job growth; extend the reach of affordable, high-quality healthcare; enrich student learning with digital tools; and facilitate access to the digital marketplace.

It shall therefore be the policy of the executive branch to use all viable tools to accelerate the deployment and adoption of affordable, reliable, modern high-speed broadband connectivity in rural America, including rural homes, farms, small businesses, manufacturing and production sites, tribal communities, transportation systems, and healthcare and education facilities.

To implement this policy and enable sustainable rural broadband infrastructure projects, executive departments and agencies (agencies) should seek to reduce barriers to capital investment, remove obstacles to broadband services, and more efficiently employ Government resources.

Source: https://www.presidency.ucsb.edu/documents/executive-order-13821-streamlining-and-expediting-requests-locate-broadband-facilities

What is the overall state of the nation’s infrastructure?

The U.S. population has almost doubled since the 1960s, when most of the country’s major infrastructure systems were designed. Many are reaching the end of their lifespan and are dangerously overstretched, experts say.

In its 2021 report card, the American Society of Civil Engineers (ASCE), an industry group, gave the nation’s infrastructure a “C-,” up from a “D+” in 2017—the highest grade in twenty years. Still, the group estimated that there is an “infrastructure investment gap” of nearly $2.6 trillion this decade that, if unaddressed, could cost the United States $10 trillion in lost gross domestic product (GDP) by 2039.

Transport. Transportation will require the largest chunk of funding needs. One in three bridges needs to be repaired or replaced, according to the American Road and Transportation Builders Association, and 7 percent are structurally deficient. (However, the number of bridges in need of repair has steadily decreased over the past decade). While the United States’ airports carry the most passengers in the world, U.S. aviation infrastructure is also overburdened, with some 20 percent of all arrivals and departures delayed in 2022, according to the Department of Transportation’s Bureau of Transportation Statistics. Delays have worsened post-pandemic amid pilot and air traffic controller shortages.

The country’s rail systems are a mixed bag. U.S. commercial rail, a large portion of which is owned by the private freight industry, is among the most developed in the world, accounting for about 28 percent of the nation’s freight movement by ton-miles. At the same time, the focus on freight rail has relegated passenger rail to a lower priority. Amtrak, the United States’ main provider of intercity passenger rail, has an estimated repair backlog of more than $45 billion, according to the ASCE.

Water and Electricity. The Environmental Protection Agency estimates that drinking water and wastewater systems will require at least $744 billion in additional investment over the next decade. Ports and waterways, which are critical links in the country’s freight transport network, face mounting delays. The operators of the U.S. electrical grid are struggling to make the necessary investments, and increasing power outages are costing the economy billions of dollars.

Internet. Experts warn of the “broadband gap,” in which rural and low-income communities suffer from a lack of infrastructure to deliver reliable, fast internet, referred to as broadband. A 2021 Federal Communications Commission report finds that more than fourteen million Americans, the majority of whom live in rural areas, lack access to any broadband network. Other estimates suggest that almost three times as many people lack access. Governors from both major parties identify internet access as a priority in their states, and thirty-four states and territories have signed on to a federal initiative which will invest $45 billion in U.S. broadband by 2030.

Source: https://www.cfr.org/backgrounder/state-us-infrastructure