Article 65: EHP LAWS (Environmental and Historic Preservation Compliance)

(Category: environmental-and-historical-compliance)

Article Summary

FEMA reviews every project to ensure compliance with a wide array of cross-cutting Federal statutes and Executive Orders (EOs). To guide applicants, FEMA generates a localized "Greensheet" at the start of every declaration detailing regional environmental triggers.

Core statutory elements include:

• NEPA (National Environmental Policy Act): Evaluates environmental consequences and alternatives.
• NHPA Section 106: Mandates consideration of impacts on historic properties, requiring consultation with SHPO/THPO.
• ESA Section 7: Outlaws actions that jeopardize threatened/endangered species or critical habitats.
• CWA (Clean Water Act): Prohibits the discharge of pollutants into U.S. waters without permits.
• EO 11988/11990: Floodplain management and protection of wetlands (requires an 8-step decision-making process).

Five Key Takeaways for CTA FEMA Compliance

1. Review the Disaster-Specific Greensheet Immediately: Obtain and review the FEMA Greensheet generated for your specific declaration during the front-end planning phase.
2. Execute the Mandatory 8-Step Floodplain Process: Implement the formal 8-step decision-making process required by 44 CFR Part 9 for any project sitting inside a floodplain or wetland.
3. Halt Operations Pending Section 106 Clearances: Do not allow ground disturbance or structural alterations on facilities older than 45 years until formal historic clearances are finalized.
4. Implement Dust and Emission Controls for CAA: Include dust abatement, fuel storage, and vehicle emissions tracking procedures in field construction contracts if operating in a nonattainment area.
5. Consult the EPA for Aquifer-Adjacent Impacts: If a project sits over a designated Sole Source Aquifer, verify that FEMA initiates the required consultation with the EPA.

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