CHAPTER 2

ENVIRONMENTAL DOCUMENTS AND PROCESSING

2.1 Preliminary Overview Assessment

Often the first step in an environmental impact assessment is a preliminary overview of the proposed project alternatives and locations

Text relates several steps in this overview… in the first, the project alternatives must

be reviewedwhat kind of a project is it? … highway, recreation what is the setting? … urban, suburban, ruralwhat is potentially affected? … river, woodland,

forest, local bowling alley

Purpose of initial assessment is to identify potential for significant environmental impact in the initial set of alternatives

(1) the results of this initial assessment become input in re-conceptualization / re-examination / refinement of project form, function, structure, etc

(2) Contributes to development of project/action alternatives

(3) Results determine the appropriate subsequent environmental documentation and process – the project’s action classification

The three thresholds alluded to in (3) are:

(1) Categorical Exclusion (CE)(2) Environmental Assessment / Finding of

No Significant Impact (EA / FONSI)(3) Draft and Final Environmental Impact

Statement (DEIS and FEIS)

“One of the most important contributions of an initial overview of assessment is the early input of environmental considerations to the design or development of the project action or plan.” (p. 20)

Again – if carried out in a cooperative, coordinated way, the initial overview can lead to better projects with fewer environmental impacts which are then the ones evaluated in detailed study / review

1978 CEQ regulations require that each Federal agency to develop procedures to implement and supplement the regulations

Additionally, several states have developed forms of initial evaluation

Categorical Exclusion

- Established under CEQ regulations in 1978- From recognition that many projects and

activities have no impact on the environment

- Federal agencies maintain criteria / lists of projects for which environmental evaluation is not normally required--- as well as project categories that are

exemptions to the no impact assessment rule

CE, cont

- Procedures for assessment are variable among agencies and states for state or local projects--- typically they require a brief document explaining why

the project or activity meets the criteria for a CE

- CE documentation is an “in-house” procedure- Where initial assessment and overview of a proposed

project will result in uncertainty over CE classification – agency/officials may proceed with preparation of an Environmental Assessment

2.3 Environmental Assessment / Finding of No Significant Impact (EA/FONSI)

Second “threshold” of environmental assessment; level of documentation required for EA/FONSI is greater than CE and less than a DEIS/FEIS… keeping in mind the vagueness of level of analysis and documentation and of the EA/FONSI classification

The EA is a tool, seeking evidence to establish whether the project/action will require a full EIS, or a FONSI

2.3.1 When an Environmental Assessment is Appropriate--- “An EA is the selected threshold of documentation when impacts will occur but will be minor or can be successfully mitigated to acceptable levels.” (p. 22) --- An EA is an environmental document prepared when a project cannot easily be given a CE or EIS impact classification--- inherent is the knowledge that potential significance of environmental impact has not been clearly established

2.3.2 Format and Content- EA format is established in CEQ

regulations, and modified by sponsoring agency (ies) and state legislation/regulation

- At a minimum the EA should include: I. Need for proposed action II. Description of alternativesIII. Environmental impacts

IV. List of agencies and persons consulted

State Route 374 FONSI

This EA included:

I. Purpose and Need II. Alternatives III. The Affected Environment IV. Environmental Consequences V. Public Involvement

2.3.2 Format and Content, cont- Early scoping should be conducted to:

(1) assist in determining aspects of the proposed project / action have the potential for SEE impact;(2) identify alternatives;(3) specify possible measures to mitigate potential

impacts;(4) identify other environmental review and consultation requirements which should be met concurrently with the EA

Scoping Examples from TVA EA / EIS [2/04]

TVA recommended changes to their policy directing operations on the Tennessee River and its reservoir system

Changes were articulated in the TVA Reservoir Operations Study (ROS)

As part of scoping TVA received more than: 6,000 individual comments and 4,200 form letters from more than 5,400 members of the public.3,200 TVA power area residents took part in phone interviews

Scoping Examples from TVA EA / EIS [2/04]

Impacts on the objectives identified during scoping

1. Improving recreation on reservoirs and tailwaters; increasing revenue from recreation; protecting and improving the scenic beauty of reservoirs

2. Lowering the cost of transporting materials on the commercial waterway

3. Reducing flood risk and flood-related damages4. Supplying low-cost electricity

5. Improving water quality in reservoirs and tailwaters; improving aquatic habitats in reservoirs and tailwaters

6. Providing water for municipal, agricultural, and industrial purposes

7. Minimizing erosion of reservoir shoreline and tailwater riverbanks

8. Protecting and improving wetlands and other ecologically sensitive areas; increasing protection for threatened and endangered species

2.3.2 Format and Content, cont- An EA normally results in a FONSI, but can

be revised to an EIS if examination finds significant impacts will occur

- If the examination document is finalized as an EA, then the final document is a FONSI

[this was the case with the State Route 374 EA]

2.3.3 Processing- Once completed, the EA is can be examined by

state / government and general public- Announcement of availability includes a brief

description of the proposed project / action and its environmental impacts

- No formal public meeting is required, but may be arranged if requested

- No requirement on circulating the EA to other agencies, but most sponsoring agencies will do so

- The EA must be made available for public and agency review for 30 days prior to issuing a FONSI

[the TVA ROS was offered for 45 days]

2.3.4 Finding of No Significant Impact - After the thirty day review and comment

period, if no significant adverse impacts are identified, the sponsoring agency may issue a FONSI

- It is a formal statement of determination by the sponsoring agency that the proposed project / action will not have significant adverse environmental impact and that an EIS will not be prepared[1st page of the Route 374 FONSI]

2.3.4 Finding of No Significant Impact, cont- Some agencies prepare a decision record at

the conclusion of the EA/FONSI processof the EA/FONSI process- The decision record includes:

(1) identification of the selected alternatives and the rationale for the decision(2) the FONSI and attached EA(3) reasons why the EIS was not required(4) a compliance and monitoring plan for any mitigation commitments made as part of the decision

2.4 Draft and Final Environmental Impact Statements (DEIS / FEIS)

- Most detailed procedure for analyzing potential environmental impact alternativesAlternatives to be Considered/Examined(1) Description of Alternatives(2) Status Quo(3) Engineering Alternatives(4) Design Alternatives(5) Location Alternatives(6) Probable Impacts of Each Alternative

2.4 Draft and Final Environmental Impact Statements (DEIS / FEIS)

Alternatives to be Considered/Examined cont (7) Analysis Devices

… matrix association… index models… computerized evaluation

(8) Probable Adverse Impacts (9) Probable Beneficial Impacts(10) Probable Construction Period Impacts

(11) Probable Short-Term Impacts(12) Probable Long-Term Impacts

09/20/06 EPA Press Release fitting into No. 7 of Section 2.4“The sponsor [EPA] is seeking applications proposing interdisciplinary research in the formal treatment of uncertainty when models are used to conduct integrated environmental assessments.”

2.4 Draft and Final Environmental Impact Statements (DEIS / FEIS)

Alternatives to be Considered/Examined, cont(13) Irreversible or Irretrievable

Commitments(14) Identification of the Alternative

Chosen and the Evaluation Which Led to Its Choice(15) Detailed Analysis of the Probable

Impact of the Proposal(16) Description of the Techniques

Intended to Minimize Adverse Impacts

2.4.1 When an Environmental Impact Statement is Appropriate

A document of EIS is prepared for projects/activities which will have a significant effect on the human environment--- CEQ establishes guidelines on determining significance of impacts--- Federal agencies have issued regulations/guidelines for actions under their jurisdiction requiring an EIS

2.4.2 Use of Previously Prepared Environmental Impact Statements

Prior to beginning DEIS/FEIS process, existing documents are examined for their pertinence--- if proposed project/activity is covered in existing

documentation meeting required criteria - [even if authored by agency other than the sponsoring

agency] – no new EIS may be required

“Draft” in DEIS does not hold same meaning as general usage[i.e.: limited circulation; preliminary; “the first shot”]

2.4.2 Use of Previously Prepared Environmental Impact Statements, cont

DEIS contains final results of environmental studies of proposed alternatives available for public and agency review--- DEIS is a “draft” because:

… it compares all proposed alternatives… it is the document upon which the

decision to proceed with a particular alternative is made--- The DEIS is the instrument for public and agency input

2.4.2 Use of Previously Prepared Environmental Impact Statements, cont

The FEIS documents selected alternative – the Preferred Alternative – and provides justification for the reasoning

As with CE and EA/FONSI, EIS processing documents are specifically:--- required by CEQ;--- agency-specific;

or--- needed to prepare documents noted in

CEQ regulations

2.4.2 Use of Previously Prepared Environmental Impact Statements, cont

--- text offers a flow chart (Fig. 2.3 a&b) of recommended EIS process procedure… then reminds us that not all steps/documents shown are necessary for all documents/activities

… text ex.s: public participation / public hearing… not necessarily a public meeting

orNotice of Intent & Cooperating Agency Request are required, written Plan of Study and Environmental Overview

2.4.3 Notice of intent - First formal step of the EIS procedure- A brief document stating the sponsoring agency’s

intent to prepare an EIS for its proposed project/activity

- Notice of intent is published in the Federal Record… provides description of the project, purpose and

need for the project/activity… alternatives are developed and screened… includes description of scoping process and announcement of scoping meeting (if applicable)… plan for public participation and agency scoping

developed prior to Notice of Intent

2.4.4 Determination of Lead and Cooperating Agencies

Here pretty straight-forwardlead agency – agency supervising the

preparation of the EIScooperating agencies – agencies having jurisdiction by law, by permitting or special expertise, in any specific environmental impact associated with the proposed project/activity

[Federal, State or Local can be designated cooperating]

2.4.5 Scoping- Contacting interested parties, public and

private… for defining areas of concern and

focusing on relevant issues- Important for “setting the stage” for DEIS

and EIS by:(1) establishing level of analysis;(2) staffing;(3) assessment activity scheduling

2.4.6 Development of AlternativesInitial development and screening of

alternatives- analysis of relevance of alternatives- analysis of issues

--- cost;--- community; --- setting / location; etc

2.4.7 Impact Analysis- After scoping and establishment of

reasonable alternatives than the examination of impacts

- Existing environment described and relevant data is collected--- evaluation and analysis of the degree of

impact is derived … direct / indirect; cumulative; short-term / long-term

2.4.7 Impact Analysis, cont- Separate and independent technical reports supporting

the DEIS(text: “… has become common practice”)

--- text states that at a minimum reports are prepared for:

socioeconomic impacts; noise natural resources; air quality… discipline-specific reports may

be required ex: historic preservation; wetlands;

wildlife; etc)

- Technical reports serve to provide supporting data to information summarized in the DEIS

2.4.8 Format and Intent of a DEIS- Follows completion of analysis- Format of DEIS est. in NEPA by the CEQ and by

individual lead agencies- At a minimum, DEIS should include:

Cover SheetSummary SheetTable of Contents

I. Purpose of and Need For Proposed Action II. AlternativesIII. Affected Environment IV. Environmental Consequences

List of Preparers

2.4.8 Format and Intent of a DEIS, cont

List of Agencies, Organizations, and Persons Where Copies of the DEIS Are Sent

IndexAppendices

• Interestingly, EIS reports strive to be brief, but concise … reading one it would seem many fail in this endeavor

State Route 374 Draft EIS

Form of Pertinent Information

Chapter 1 - The Purpose And Need For The Project

Chapter 2 - The AlternativesChapter 3 - The Affected EnvironmentChapter 4 - The Project ImpactsChapter 5 - Public InvolvementChapter 6 - List of Preparers

2.4.9 DEIS ProcessingCompleted DEIS is circulated to all Federal, State and Local

agencies having a jurisdiction or expertise interestNewspapers publish notices of DEIS availability and

community locations where it may be reviewedIt is published in the Federal RegisterIt can be purchased for the price of printingAll notices invite public comment on the DEIS and provides

the due date for such comments--- as well as notice of a public hearing on the text

of the DEIS--- after comments and any additional examination the preferred alternative is selected by the sponsoring agency

2.4.10 Final Environmental Impact Statement- The FEIS documents the choice of the preferred

alternative- The FEIS consists of the DEIS with its modifications

… normally a DEIS is revised into the FEIS

- Changes made in the body are delineateda new section is added to the end of the EIS:Comments Received on the DEIS and Responses

2.4.11 Record of DecisionMade after sponsoring agency makes a decision on a

proposed project / activityROD cannot be filed until at least 30 days from the

publication of the availabilityThe ROD:

(1) the decision on the project / activity

(2) identified all the alternatives considered(3) rationale for the decision(4) states whether all means to avoid / minimize harm from the preferred alternative have been implemented (why / why not)

2.5 Tiered Environmental Impact Statements and 2.6 Supplemental Environmental Impact Statements

A couple of special case EIS procedures

(1) Tiering(2) Supplemental EIS

2.7 Reevaluation

At all major points in project development, the project must be re-evaluated to determine if the Findings under the DEIS and / or EIS remains valid

The reevaluation need not be circulated to other agencies or the general public, not remain within the files of the sponsoring agency