United States
Environmental Protection
Agency
EPA 905/3-90/002
Region 5
230 South Dearborn Street
Chicago, Illinois 60604
Ne/EPA PUBLIC
INVOLVEMENT
and the
ENVIRONMENTAL
IMPACT
STATEMENT
Do not WEED. This document
should be retained in the EPA
Region 5 Library Collection.
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PUBLIC INVOLVEMENT AND THE
ENVIRONMENTAL IMPACT STATEMENT
INTRODUCTION Back in the late 1960's, more and more people
became aware of the environmental consequences
resulting from major construction and other
projects. They wanted to have a voice in decisions
that affected the quality of their lives. Congress,
responding to public pressure for increased
protection of the environment, passed a new law
the National Environmental Policy Act (NEPA)
of 1969.
Signed into law January 1, 1970, NEPA sets
policies and goals for promoting general public
welfare; creates and maintains conditions under
which man and nature can coexist in productive
harmony; and fulfills the social, economic, and
other requirements of present and future genera-
tions of Americans.
Major provisions of the act:
Declare that each person has a right to
a healthful environment, and it is the
Government's responsibility to protect
that right.
Establish the Council on Environmental
Quality (CEQ) which advises the President
on environmental issues; and
Establish the environmental impact statement
(EIS) process.
This brochure will explain the EIS process, the
responsibilities of Federal agencies, and the role
of the public in reviewing such impact statements.
WHAT IS AN
ENVIRONMENTAL
IMPACT
STATEMENT?
NEPA requires Federal agencies to consider the
environmental consequences of a proposed action
and to document this consideration. An EIS, simply
put, is that document a prediction of the
environmental effects of a proposed Federal action.
It is the enforcing mechanism that ensures a
comprehensive study of all major Federal projects
and programs before decisions are made and actions
are taken. CEQ sets the guidelines for Federal
agencies on the preparation and review of an EIS.
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WHEN SHOULD
ANEIS
BE PREPARED?
Although Federal agencies propose many actions,
impact statements are written only for major actions
that significantly affect the environment and involve
Federal funds. For example:
1. Agency recommendations on their own
proposed legislation, such as a proposal by the
Department of Defense for a new radar system.
2. Agency reports on legislation initiated elsewhere,
but concerning issues for which the agency has
primary responsibility, such as the Montreal
Protocol an international proposal to control
chlorofluorocarbon emissions that deplete the
ozone layer.
3. Projects and continuing activities that may
include those:
a. undertaken directly by an agency, such as the
U.S. Army Corps of Engineers' maintenance of
the dredging program.
b. supported in whole or in part through Federal
contracts, grants subsidies, loans or other
forms of funding assistance, such as HDD's
mortgage insurance grants.
4. Decisions on policy, regulations, and procedure-
making, such as the Corps of Engineers' policy
statement on NEPA.
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Based on the above, the majority of impact
statements concern:
Transportation projects: highway tunnels, express-
ways, interchanges, airports, and mass transportation;
Water resource projects: dams, stream channelization
and dredging of waterways;
Power generat/or : construction of nuclear and
fossil-fuel power plants and hydropower dams;
River basin and regional plans: water quality
management plans;
Wastewater treatment facilities: grants for the
construction of wastewater treatment plants;
Urban-commercial-industrial development: Com-
mercial-industrial complexes, and multiresidential
housing developments.
WHAT IS
THE FIRST STEP
IN THE
EIS PROCESS?
Federal agencies, when first considering action that
could significantly affect the quality of the environment,
may first prepare a document assessing the environ-
mental consequences of the proposed project. This
document, called an environmental assessment, should
provide sufficient evidence and anaysis to determine
whether an EIS is required. This data collection
procedure enables the agency preparing the EIS
(lead agency) to investigate the environmental impact
of a proposed action at the earliest point in the
planning process.
The environmental assessment serves as a decision-
making tool for the lead agency when it evaluates
whether to prepare an EIS or to issue a finding
of no significant impact.
NOTICE OF
INTENT
If an agency reviews the environmental assessment
and finds that the proposed project will have
significant impact on the environment, it must
prepare an EIS. The agency then publishes a notice
of intent in the Federal Register describing the
proposal and any alternatives under consideration.
The notice also invites Federal, State, and local
agencies, Indian tribes, supporters of the action, and
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other interested parties affected by the proposal to
participate in a process called scoping. Scoping iden-
tifies significant issues relating to the proposal, and
consists of actions, alternatives, and impacts that will
be considered in the EIS.
As part of the process, meetings can be scheduled
by the lead agency to receive written and oral
comments from affected parties. The locations, dates,
and times for the scoping meetings are listed in the
public notice.
FINDING OF
NO SIGNIFICANT
IMPACT
If an agency decides it does not need to write an EIS
based on its evaluation of the environmental assess-
ment, it must publish a finding of no significant
impact in the Federal Register. This finding explains
why an action will not have a significant effect on the
environment and, therefore, why an EIS will not be
prepared. The finding also includes the environmental
assessment, or a summary of it, and identifies any
other environmental documents related to the
proposed project.
WHAT IS A
DRAFT EIS?
If an agency decides that an EIS is necessary, it must
prepare this document as part of a two-step process
the draft EIS and the final EIS.
Immediately after it releases the notice of intent,
the lead agency prepares the draft EIS according to
what has been decided in the scoping process. The
draft describes the proposed project and discusses
beneficial as well as any adverse environmental
consequences.
The draft is important because it is the first formal
document in the EIS process. It must be circulated for
public review and comment at least 90 days before
the proposed action. The lead agency is responsible
for its distribution to all interested parties. These
consist of other Federal agencies having jurisdiction
or expertise relating to the action, CEQ, State and
local governments, local business and industry, and
private citizens and interest groups such as the
Chamber of Commerce, the League of Women
Voters, or the Sierra Club.
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WHAT MUST BE
INCLUDED IN THE
DRAFT EIS?
An EIS varies in length according to the complexity of
the project under review.
Each statement must include:
a description of the project and the principal
features of the area that will be affected,
including sufficient information and technical
data to permit a valid assessment of the
environmental impact;
an analysis of the beneficial and adverse
environmental consequences that cannot be
avoided, including air, water, or land pollution
and threats to health;
alternatives to the project;
an assessment of the long-term effects of the
project, including its relationship to short-term
use of the affected area.
any irreversible or irretrievable commitment of
resources that might result if the project is
carried out; and
an indication of the methods the lead agency
has used to arrive at its prediction of
environmental effects.
WHAT DOES AN
EIS LOOK LIKE?
ENVIRONMENTAL IMPACT STATEMENT
Draft Final
1. Name of action: Administrative
Legislative
2. Description of action.
3. Summary of environmental impacts and adverse
environmental effects.
4. List of alternatives considered.
5. For a draft statement, a list of all Federal,
State, and local agencies, plus other sources
from which comments have been requested.
For a final statement, a list of all Federal,
State and local agencies, plus other sources
that have submitted comments.
6. Dates draft and final statements are filed
with CEQ and made available to the public.
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WHAT IS THE
ERA'S ROLE?
Under Section 309 of the Clean Air Act, the U.S.
Environmental Protection Agency (EPA) reviews and
comments in writing on the environmental impacts of
legislation or regulations proposed by any Federal
department or agency, on newly authorized Federal
projects for construction, or on any major Federal
agency action.
In EPA Region 5, the Environmental Review Branch in
the Planning and Management Division reviews impact
statements. It also provides technical assistance and
policy guidance when reviewing proposed actions that
are directly related to EPA's area of responsibility.
After reviewing the draft EIS, EPA identifies and
recommends corrective actions for the important
environmental effects identified and assigns a rating,
summarizing its level of concern.
EPA COMMENTS
EPA comments on the draft EIS are due within 45 days
from the start of the official review period. In general,
EPA's comments focus on the proposal, but they will
also include an evaluation of the alternatives and an
identification of environmental problems, plus ways to
avoid unnecessary mitigation. EPA's comments are
summarized and published in the Federal Register.
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If EPA determines that a project is unsatisfactory
because it adversely affects the public's health or
welfare, or the quality of the environment, it publishes
its determination in the Federal Register and notifies
the public. If differences cannot be resolved with the
lead agency, EPA refers the issue to CEQ. The Council
then acts as an arbitrator and takes steps to resolve the
issue. It can hold meetings or hearings to obtain
additional information, or it can initiate discussions
between EPA and the lead agency.
EPA, however, has no authority to stop a project
sponsored by another Federal agency; it only acts as an
advisor.
MITIGATION EPA's comments on an impact statement include
measures to avoid or minimize damage to the
environment, or to protect, restore, and enhance the
environment. To be effective, EPA's suggested
measures must be technically feasible and have a high
likelihood of being put into effect.
For example: If an agency is proposing to construct
a highway through a wetland, it could reduce the effect
by replacing the lost acreage with the same type of land
around the perimeter of the wetlands.
ALTERNATIVES
If significant impacts associated with the proposal
cannot be adequately reduced, EPA then suggests
environmentally preferable alternatives that are both
reasonable and workable. This is a course of action,
other than the one proposed, that will avoid some or all
of the adverse environmental effects of the original
proposal.
For example: If an agency proposes to put a high-
way through an irreplaceable wetland, it could change
the route to avoid the area completely.
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RATING
ANEIS
EPA assigns to each EIS reviewed a rating based on
the proposed action and on the EIS itself.
EPA uses these rating criteria:
Project Rating
1. LO (Lack of Objections) - EPA has not identified
any potential environmental impacts requiring
significant changes to the preferred alternative.
2. EC (Environmental Concerns) - EPA has identi-
fied environmental impacts that should be
avoided in order to fully protect the
environment.
3. EO (Environmental Objections) - EPA has identi-
fied significant environmental impacts that
should be avoided in order to adequately
protect the environment.
4. EU (Environmentally Unsatisfactory) - EPA has
identified adverse environmental impacts
serious enough to recommend that the action
not proceed as originally proposed.
Adequacy of Document:
1. Category 1 (adequate) - EPA believes that the
draft EIS adequately sets forth the environmental
impact of the proposed action and the reason-
ably available alternatives.
2. Category 2 (insufficient information) - EPA
be'lieves that the draft EIS does not contain
sufficient information to fully assess the environ-
mental impact of the proposed action.
3. Category 3 (inadequate) - EPA believes that the
draft EIS does not adequately assess the environ-
mental impact of the proposed action, or that
EPA has identified new, reasonably available,
alternatives.
WHAT IS
A CITIZEN'S ROLE
IN THE
EIS PROCESS?
Prior to NEPA, the Federal Government did not
require that environmental impacts of a proposed
action be examined, that information on the project
be made available to the public, or that public views
be solicited. NEPA requires agencies to give citizens
an opportunity to become involved in the EIS
process. This is not merely to inform the public,
but to involve them in a meaningful two-way
communications process.
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Depending on the project, the communication
process may include no more than the filing of a
draft EIS and complying with required notice pro-
cedures. Or, it may consist of expanded community
involvement at public hearings and informal meet-
ings. Participation in the EIS communication process
guarantees citizens a genuine role in helping make
major decisions.
ATTENDING
SCOPING
MEETINGS
The scoping process brings all interested parties
together in an effort to reach an agreement on the
scope of issues to be addressed in the draft EIS.
Participation in these meetings permits citizens to get
their views across to the lead agency in the first
phases of the planning process. The lead agency must
carefully consider all comments received in these
meetings before it writes the draft EIS.
REVIEWING
AN EIS
When the draft EIS is completed, the lead agency
makes it available to the public for comments.
Citizens who are interested in the project and who
wish to review the EIS can scan their local news-
papers and Federal Register announcements, or call
the lead agency.
Reviewing an EIS, however, can be a difficult task.
Often, the EIS is long and complex, with numerous
factors to consider in the review process.
For example: Are the benefits of the proposed
project worth the potential effect it will have on the
environment? Are the benefits worth the cost of the
project? Would an alternative plan make it more
acceptable? Would additional equipment, at extra
cost, provide added protection to the environment?
To make this task easier, citizens may want to join a
group that is already interested in the project and is
reviewing the EIS, or seek assistance from a technical
expert. Following sound advice from technical experts
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will help improve the quality or the citizens' review
and will increase the probability of their comments
being seriously considered and put into effect by the
lead agency.
SUBMITTING
COMMENTS
Citizens can become involved in any project they
are interested in. When, after reviewing the draft
statement, they believe that the statement does not
adequately address their concerns about a proposed
project, they can relay these concerns to the lead
agency.
For example, citizens may want to comment on a
proposal to construct a nuclear power plant in their
community. Their comments could address their fears
for their families' welfare, or for the potential loss
of their homes. Will the benefits of the proposed
project, such as increased employment in the
community, outweigh any potential adverse
environmental impacts from the power plant?
Citizens could also be concerned about a
proposed dredging project in a nearby river. Are
sediments from the river bed highly contaminated?
Will disposing of these sediments in a nearby landfill
contaminate their local water supply? They may feel
that the proposed alternative will not provide
adequate protection.
ATTENDING
PUBLIC
MEETINGS
Attending public meetings is another way for citizens
to express their concerns on a proposed project.
Meetings are usually scheduled during a project's
planning process to solicit comments. At least 15 days
before a public meeting, the lead agency makes the
draft EIS available to the public. This phase of the
process is an excellent time for citizens to learn how
others regard the project and to gain the commu-
nity's support for their point of view.
Usually, a notice will be published about 30 days
prior to the public meeting. A notice will also be
mailed to people or groups who have previously
expressed an interest in the issue.
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PUBLIC
MEETING
WHAT HAPPENS
AFTER PUBLIC
REVIEW OF
AN EIS?
The lead agency issues a final EIS usually within a year
of the draft EIS. It is a combination of the lead
agency's draft EIS, copies of comments on the EIS, the
agency's responses to these comments, and revisions
to the body of the EIS.
Copies of the final EIS are sent to all Federal, State,
and local agencies, including citizens and private
interest groups that have made important comments
on the draft EIS. A copy is also sent to all others who
requested one. The lead agency allows 30 days for
interested parties to review it.
EPA reviews in detail all final impact statements in
which it has raised significant issues. Each final EIS is
checked to determine whether it adequately resolves
the problems identified in EPA's review of the draft
EIS, or whether there has been a considerable change
in the proposal.
When reviewing the EIS, EPA applies the same
rating system used for draft impact statements. If EPA
classifies a final EIS as "Lack of Objections," the
Environmental Review Branch may decide not to
submit formal comments on the final EIS to the lead
agency, When EPA recommends substantial modifi-
cations to the draft EIS, it will prepare written
comments. If EPA concludes that the final proposal is
either environmentally unsatisfactory or inadequate, it
must determine if a referral to CEO is warranted.
There is a 25-day period, starting from the date the
final EIS becomes available, for referring all matters to
CEQ. The CEQ settles matters the same way as it does
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with the draft EIS; it sets up a meeting with the lead
agency to resolve EPA's concerns.
If a referral is not warranted, but the EIS does not
have enough information to assess potentially
significant environmental effects of the proposed
action, EPA may request the lead agency to prepare a
supplemental EIS. When this happens, EPA must show
that the final EIS does not take into account EPA's
comments on the draft EIS and that the final EIS does
not meet the requirements of NEPA.
After the lead agency prepares the supplemental
EIS, it goes through the same review process as the
draft EIS and the final EIS. Comments are solicited
and responded to. If the supplemental EIS does not
address EPA concerns, it can be referred to CEQ.
When all differences between EPA and the lead
agency are resolved, the final EIS (and supplement)
are filed with EPA. The proposed project may begin.
RECORD OF When the lead agency makes its final decision on the
DECISION proposed project, it prepares and publishes a concise
public record of decision (ROD). The ROD must state
what the decision is and must identify all alternatives
considered by the agency in reaching its decision.
The ROD must also show that all practicable means
have been adopted from the selected alternative to
avoid or minimize environmental harm. If not, the
ROD must give reason for such omission. The ROD is
the last final document in the EIS process.
CITIZENS' REVIEW
OF THE FINAL
EIS
After reviewing the final EIS, citizens may agree with
the decision on the proposed project. For example:
an alternative has been selected that will avoid some
of the adverse environmental hazards.
However, if citizens still object to the proposed
action and wish to delay the project, they should
make certain their reasons are valid before contacting
the lead agency or CEQ. If the lead agency is unre-
sponsive to their concerns, citizens may consider
challenging the decision in court.
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Under NEPA, there are several instances in which
citizens may bring lawsuits to delay the proposed
project:
1. If they feel that an EIS is required, but the lead
agency does not prepare one;
2. If an EIS is prepared, but they consider it to be
inadequate because it does not address concerns
raised in their comments; and
3. If they feel that the lead agency did not follow
proper procedures in reaching its decision.
Citizens should consult an attorney when
considering legal action.
SUMMARY
If there is no public participation as alternatives are
developed and environmental impacts are analyzed,
the EIS may not adequately address public concerns.
By being active in the EIS process, citizens can help
foster new ideas, offer concrete suggestions to
improve the EIS, and call attention to issues that
significantly affect their community.
To organize a meaningful EIS process, agencies
must develop a participation schedule, include it in
the project plan, and incorporate public concerns
into the technical analysis and decision making. This
is especially important in projects with any degree of
public concern, controversy, or potential for
signficant environmental impact.
Finally, when a process is open to the public, an
added accountablity is placed on agency decision
makers. If a project is subject to public review,
pressure is put on officials to follow the required
NEPA procedures when making important decisions
that may threaten our priceless environmental
heritage.
FOR MORE
INFORMATION
If you need more information or help on the EIS
process, write to the Environmental Review Branch,
Planning and Management Division, U.S. EPA
Region 5, 230 South Dearborn St., Chicago, IL 60604.
Or call (312) 353-2035.
U S GOVERNMENT PRINTING OFFICE. 1991-54*8 79
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