USMCA National Environmental Policy Act Implementation

United States-Mexico-Canada Agreement (USMCA)

• Visit EPA's How Citizens can Comment and Participate in the National Environmental Policy Act Process for information about NEPA.

• Record of Decision
• Final Programmatic EIS
• Draft Programmatic EIS
• Alternative Options
• Public Scoping for EIS

Record of Decision

The Record of Decision for the Final Programmatic Environmental Impact Statement for the USMCA was signed by Maria-Elena Giner, the U.S. Commissioner of the International Boundary and Water Commission (IBWC), and by Martha Guzman, the U.S. EPA Region 9 Administrator, on June 9, 2023. 

The main purpose of the Record of Decision is to document the selected alternative analyzed in the Final PEIS. IBWC and EPA have selected Alternative 2: Comprehensive Infrastructure Solution (Core and Supplemental Projects), as it was determined to be the most effective menu of projects to address the transboundary migration of pollutants in the Tijuana River.

• USMCA EIS Record of Decision (pdf) (913.05 KB)

Final Programmatic EIS

On November 18, 2022, EPA and the U.S. Section of the International Boundary and Water Commission (USIBWC) published the Final Programmatic Environmental Impact Statement. The final PEIS was announced in the Federal Register on November 18, 2022, as part of EPA’s Notice of Availability (NOA). The final PEIS 30-day public comment period concluded on December 19, 2022.

The final PEIS includes two action alternatives to address the purpose and need—a limited funding approach and a more comprehensive solution—for implementing the Proposed Action, and a third no action alternative of no disbursement of funding and continuation of current wastewater management practices. EPA and USIBWC have identified alternative 2 as the preferred alternative.

• Final Programmatic Environmental Impact Statement (pdf) (46.4 MB)
• Appendix A: Response to Comments on Draft Programmatic Environmental Impact Statement (pdf) (1.19 MB)
• Appendix B: Aquatic Resources Delineation Report (pdf) (25.53 MB)
• Appendix C: Class III Cultural Resource Inventory (Public Version) (pdf) (27.24 MB)
• Appendix D: USFWS Biological Assessment (pdf) (8.31 MB)
• Appendix E: Database Query Results for Special-status Species and Sensitive Natural Communities (pdf) (659.95 KB)
• Appendix F: NMFS Biological Assessment (pdf) (7.27 MB)
• Appendix G: NMFS Essential Fish Habitat Assessment (pdf) (2.46 MB)
• Appendix H: Coastal Consistency Determination (pdf) (7.14 MB)
• Appendix I: Supplemental Data (pdf) (22.71 MB)
• Appendix J: South Bay Ocean Outfall Plume Transport Modeling (pdf) (594.15 KB)
• Appendix K: Interpolation of Modeled Beach Impacts (pdf) (422.05 KB)
• Appendix L: Emissions Calculations (pdf) (3.58 MB)
• Appendix M: NHPA Section 106 Correspondence (pdf) (5.17 MB)
• Appendix N: Tribal Outreach Correspondence (pdf) (913.47 KB)
• Appendix O: Distribution List (pdf) (240.59 KB)

​​​​​Draft Programmatic EIS

On June 17, 2022, EPA and the U.S. Section of the International Boundary and Water Commission (USIBWC) published a Notice of Availability (NOA) in the Federal Register inviting comments from federal, state, and local agencies, Native American tribes, interested stakeholders and the public on the Draft PEIS. EPA and IBWC held two public meetings on July 19, 2022 and July 20, 2022, with a combined attendance of approximately 100 people. A summary of comments, including those received at the public meetings, and EPA’s response will be available in the Final PEIS. In accordance with NEPA, the Draft PEIS 45-day public comment period concluded on August 1, 2022.

• USMCA PEIS Public Comment Meeting Presentation (pdf) (1.7 MB)

View a recording of the NEPA public comment meeting for the Programmatic EIS held on July 19, 2022 below. The presentation material was identical on July 20, 2022.

Alternative Options

The Draft Programmatic Environmental Impact Statement (PEIS) evaluates a No-Action Alternative and two alternatives for implementing the Proposed Action. The purpose and need of the Proposed Action is to reduce transboundary flows from Tijuana that convey sewage, pollutants, and/or trash into the U.S. and cause adverse public health and environmental impacts in the Tijuana River watershed and adjacent coastal areas. The projects that are included as part of the two alternatives are in the table below.

• No-Action Alternative. NEPA requires that a No-Action Alternative be analyzed to determine the environmental consequences of not undertaking the Proposed Action, and thereby providing a baseline against which the potential beneficial and adverse environmental impacts of action alternatives can be evaluated and compared.
• Alternative 1: Core Projects. Under this alternative, EPA would use U.S. appropriations to fund some components of the Comprehensive Infrastructure Solution that are the agreed upon responsibility of the U.S. This approach would allow implementation of projects that are sufficiently evolved to be ready for decision making.
• Alternative 2: Core and Supplemental Projects. Under this alternative, EPA would use U.S. appropriations to fund all components of the Comprehensive Infrastructure Solution that are the agreed upon responsibility of the U.S. This approach is expected to require substantial additional U.S. appropriations beyond those already allocated through USMCA Implementation Act and existing programs such as EPA’s Border Water Infrastructure Program (BWIP).

Public Scoping for EIS

• USMCA NEPA Public Meeting Presentation (pdf) (1.71 MB)

View a recording of the NEPA public scoping meeting held on April 20, 2021 below: