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CHAPTER 2

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

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CHAPTER 2

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  1. CHAPTER 2 ENVIRONMENTAL DOCUMENTS AND PROCESSING

  2. 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 reviewed what kind of a project is it? … highway, recreation what is the setting? … urban, suburban, rural what is potentially affected? … river, woodland, forest, local bowling alley

  3. Purpose of initial assessment is to identify potential for significant environmental impact in the initial set of alternatives • the results of this initial assessment become input in re-conceptualization / re-examination / refinement of project form, function, structure, etc • Contributes to development of project/action alternatives • Results determine the appropriate subsequent environmental documentation and process – the project’s action classification

  4. 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)

  5. “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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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 alternatives III. Environmental impacts IV. List of agencies and persons consulted

  12. State Route 374 FONSI This EA included: I. Purpose and Need II. Alternatives III. The Affected Environment IV. Environmental Consequences V. Public Involvement

  13. 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

  14. 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

  15. Scoping Examples from TVA EA / EIS [2/04] Impacts on the objectives identified during scoping • Improving recreation on reservoirs and tailwaters; increasing revenue from recreation; protecting and improving the scenic beauty of reservoirs • Lowering the cost of transporting materials on the commercial waterway • Reducing flood risk and flood-related damages • Supplying low-cost electricity

  16. Improving water quality in reservoirs and tailwaters; improving aquatic habitats in reservoirs and tailwaters • Providing water for municipal, agricultural, and industrial purposes • Minimizing erosion of reservoir shoreline and tailwater riverbanks • Protecting and improving wetlands and other ecologically sensitive areas; increasing protection for threatened and endangered species

  17. 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]

  18. 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]

  19. 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]

  20. 2.3.4 Finding of No Significant Impact, cont • Some agencies prepare a decision record at the conclusion of 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

  21. 2.4 Draft and Final Environmental Impact Statements (DEIS / FEIS) • Most detailed procedure for analyzing potential environmental impact alternatives Alternatives 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

  22. 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

  23. 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.”

  24. 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

  25. 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

  26. 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”]

  27. 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

  28. 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

  29. 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 or Notice of Intent & Cooperating Agency Request are required, written Plan of Study and Environmental Overview

  30. 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

  31. 2.4.4 Determination of Lead and Cooperating Agencies Here pretty straight-forward lead agency – agency supervising the preparation of the EIS cooperating 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]

  32. 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

  33. 2.4.6 Development of Alternatives Initial development and screening of alternatives - analysis of relevance of alternatives - analysis of issues --- cost; --- community; --- setting / location; etc

  34. 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

  35. 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

  36. 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 Sheet Summary Sheet Table of Contents I. Purpose of and Need For Proposed Action II. Alternatives III. Affected Environment IV. Environmental Consequences List of Preparers

  37. 2.4.8 Format and Intent of a DEIS, cont List of Agencies, Organizations, and Persons Where Copies of the DEIS Are Sent Index Appendices • Interestingly, EIS reports strive to be brief, but concise … reading one it would seem many fail in this endeavor

  38. State Route 374 Draft EIS Form of Pertinent Information Chapter 1 - The Purpose And Need For The Project Chapter 2 - The Alternatives Chapter 3 - The Affected Environment Chapter 4 - The Project Impacts Chapter 5 - Public Involvement Chapter 6 - List of Preparers

  39. 2.4.9 DEIS Processing Completed DEIS is circulated to all Federal, State and Local agencies having a jurisdiction or expertise interest Newspapers publish notices of DEIS availability and community locations where it may be reviewed It is published in the Federal Register It can be purchased for the price of printing All 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

  40. 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 delineated a new section is added to the end of the EIS: Comments Received on the DEIS and Responses

  41. 2.4.11 Record of Decision Made after sponsoring agency makes a decision on a proposed project / activity ROD cannot be filed until at least 30 days from the publication of the availability The 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)

  42. 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

  43. 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

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