F.A.Q
What is NEPA?
The National Environmental Policy Act (NEPA) of 1969 established national policies and goals for the protection of the environment. NEPA directs all federal agencies to give appropriate consideration to the environmental effects of their decision making and to prepare detailed environmental impact statements (EIS) on recommendations or reports on proposals for legislation and other major federal actions significantly affecting the quality of the environment. NEPA is divided into two titles. Title I outlines a basic national charter for protection of the environment. Title II establishes the Council of Environmental Quality (CEQ) which monitors the progress made toward achieving NEPA goals, advises the president on environmental issues and provides guidance to other federal agencies on compliance with NEPA.
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What is a lead agency?
A lead agency is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA. In general, a local government agency with jurisdiction over general land uses is the preferred public agency serving as lead agency. The lead agency is responsible for determining the appropriate environmental document, as well as its preparation. Under NEPA, the lead agency is a federal agency with a similar role, i.e. is the agency with the primary responsibility for preparing an EIS.
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When is the AQMD a lead agency?
The AQMD typically acts as lead agency for its own projects (e.g., adoption of rules, regulations, or plans) or permit projects filed with the AQMD where the AQMD has primary approval authority over the project and the project has not previously undergone a CEQA analysis.
The AQMD is not a lead agency for land use projects such as shopping malls, housing tracts, commercial or industrial parks, sports stadiums, etc. For these types of projects the AQMD has no jurisdictional approval authority. If you have questions on these types of land use projects, you need to contact the city or county in which the project is located.
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What is a responsible agency?
A responsible agency is a public agency with discretionary approval authority over a portion of a CEQA project (e.g., projects requiring a AQMD permit). As a responsible agency, the AQMD is available to the lead agency and project proponent for early consultation on a project to apprise them of applicable rules and regulations, and provides guidance on applicable air quality analysis methodologies or other air quality-related issues, etc. Under NEPA, the federal agency that plays a role similar to the responsible agency under CEQA is called a cooperating agency.
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What is a commenting agency?
A commenting agency is a public agency with "jurisdiction by law" over a particular natural resource, but is neither a lead agency nor a responsible agency. The AQMD, for example, is the sole and exclusive local agency in the district with the responsibility for comprehensive air pollution control, and therefore reviews and comments on the air quality analysis in environmental documents submitted to the AQMD.