MEMORANDUM
1
DRAFT AWAITING REVIEW AND INPUT FROM THE
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
INTRODUCING FEDERAL NATIONAL ENVIRONMENTAL POLICY ACT PRACTITIONERS TO
THE
INDIANA ENVIRONMENTAL POLICY ACT PROCESS
This fact sheet is designed to familiarize Federal National Environmental Policy Act (NEPA)
practitioners with the Indiana Environmental Policy Act (IEPA). When a proposed NEPA action
also requires compliance with IEPA, it is critical that these practitioners familiarize themselves
with IEPA and understand how IEPA compares to and contrasts with NEPA.
Both statutes are designed to facilitate informed decision-making and environmental review.
IEPA requires that State agencies study the environmental consequences of their actions,
including permitting and financial assistance. It also requires them to take all feasible measures
to avoid, minimize, and mitigate damage to the environment. This fact sheet compares IEPA and
the resulting Indiana Code Title 13, Section 12, Chapter 4 (IC) and Indiana Administrative Code
Title 326 Article 16 with CEQ’s regulations for implementing the procedural provisions of
NEPA, 40 CFR Parts 1500-1508.
This fact sheet only provides basic information and is intended to serve as a springboard for
discussion with Indiana Department of Environmental Management (IDEM) staff when proposed
projects trigger both Federal and State environmental review requirements. Project proponents
are strongly encouraged to contact IDEM in the early stages of project planning so that Federal
and state environmental review processes, if applicable, can be appropriately aligned.
Introduction
The IAC requires State agencies to consider the impact of governmental actions on the
environment to “encourage productive and enjoyable harmony between humans and the
environment.” IC 13-12-4-1(1). Since 1972, IEPA has mandated the completion of
environmental impact statements for applicable State actions. Some actions that require the
IEPA process include projects or programs that are entirely or partly financed, assisted,
implemented, conducted, regulated, or approved by State agencies; adoption of administrative
rules; and approval of specific projects, such as construction or management activities located in
a defined geographic area. 326 IAC 16-2.1-4. Some actions are excluded by the statute,
including: administrative procurements, contracts for consulting services, personnel actions,
repair or maintenance of existing structures, and basic data collection, research and experimental
management, resource evaluation activities that do not result in significant disturbance to the
environment, and the issuance of a license or permit by an agency of the State. 326 IAC 16-1-
3(d)(1-5); (f)(1). Any agency’s actions which are not excluded by the statute must undergo the
IEPA Environmental Impact Statement (EIS) process.
