PART 1502--ENVIRONMENTAL IMPACT STATEMENT
Source: 43 FR 55994, Nov. 29, 1978, unless otherwise noted.
The primary purpose of an environmental impact statement is to serve as
an
action-forcing device to insure that the policies and goals defined in the
Act are infused into the ongoing programs and actions of the Federal
Government. It shall provide full and fair discussion of significant
environmental impacts and shall inform decisionmakers and the public of
the
reasonable alternatives which would avoid or minimize adverse impacts or
enhance the quality of the human environment. Agencies shall focus on
significant environmental issues and alternatives and shall reduce
paperwork
and the accumulation of extraneous background data. Statements shall be
concise, clear, and to the point, and shall be supported by evidence that
the
agency has made the necessary environmental analyses. An environmental
impact
statement is more than a disclosure document. It shall be used by Federal
officials in conjunction with other relevant material to plan actions and
make decisions.
To achieve the purposes set forth in Sec. 1502.1 agencies shall prepare
environmental impact statements in the following manner:
As required by sec. 102(2)(C) of NEPA environmental impact statements
(Sec.
1508.11) are to be included in every recommendation or report.
An agency shall commence preparation of an environmental impact
statement
as close as possible to the time the agency is developing or is presented
with a proposal (Sec. 1508.23) so that preparation can be completed in
time
for the final statement to be included in any recommendation or report on
the
proposal. The statement shall be prepared early enough so that it can
serve
practically as an important contribution to the decisionmaking process and
will not be used to rationalize or justify decisions already made (Secs.
1500.2(c), 1501.2, and 1502.2). For instance:
Environmental impact statements shall be prepared using an inter-
disciplinary approach which will insure the integrated use of the natural
and
social sciences and the environmental design arts (section 102(2)(A) of
the
Act). The disciplines of the preparers shall be appropriate to the scope
and
issues identified in the scoping process (Sec. 1501.7).
The text of final environmental impact statements (e.g., paragraphs (d)
through (g) of Sec. 1502.10) shall normally be less than 150 pages and for
proposals of unusual scope or complexity shall normally be less than 300
pages.
Environmental impact statements shall be written in plain language and
may
use appropriate graphics so that decisionmakers and the public can readily
understand them. Agencies should employ writers of clear prose or editors
to
write, review, or edit statements, which will be based upon the analysis
and
supporting data from the natural and social sciences and the environmental
design arts.
Except for proposals for legislation as provided in Sec. 1506.8
environmental impact statements shall be prepared in two stages and may be
supplemented.
Agencies shall use a format for environmental impact statements which
will
encourage good analysis and clear presentation of the alternatives
including
the proposed action. The following standard format for environmental
impact
statements should be followed unless the agency determines that there is a
compelling reason to do otherwise: The cover sheet shall not exceed one page. It shall include: (a) A list of the responsible agencies including the lead agency and any cooperating agencies. (b) The title of the proposed action that is the subject of the statement (and if appropriate the titles of related cooperating agency actions), together with the State(s) and county(ies) (or other jurisdiction if applicable) where the action is located. (c) The name, address, and telephone number of the person at the agency who can supply further information. (d) A designation of the statement as a draft, final, or draft or final supplement. (e) A one paragraph abstract of the statement. (f) The date by which comments must be received (computed in cooperation with EPA under Sec. 1506.10).
Each environmental impact statement shall contain a summary which adequately and accurately summarizes the statement. The summary shall stress the major conclusions, areas of controversy (including issues raised by agencies and the public), and the issues to be resolved (including the choice among alternatives). The summary will normally not exceed 15 pages.
The statement shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action.
This section is the heart of the environmental impact statement. Based on the information and analysis presented in the sections on the Affected Environment (Sec. 1502.15) and the Environmental Consequences (Sec. 1502.16), it should present the environmental impacts of the proposal and the alternatives in comparative form, thus sharply defining the issues and providing a clear basis for choice among options by the decisionmaker and the public. In this section agencies shall: (b) Devote substantial treatment to each alternative considered in detail including the proposed action so that reviewers may evaluate their comparative merits. (c) Include reasonable alternatives not within the jurisdiction of the lead agency. (d) Include the alternative of no action. (e) Identify the agency's preferred alternative or alternatives, if one or more exists, in the draft statement and identify such alternative in the final statement unless another law prohibits the expression of such a preference. (f) Include appropriate mitigation measures not already included in the proposed action or alternatives. Sec. 1502.15 Affected environment. The environmental impact statement shall succinctly describe the environment of the area(s) to be affected or created by the alternatives under consideration. The descriptions shall be no longer than is necessary to understand the effects of the alternatives. Data and analyses in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated, or simply referenced. Agencies shall avoid useless bulk in statements and shall concentrate effort and attention on important issues. Verbose descriptions of the affected environment are themselves no measure of the adequacy of an environmental impact statement.
This section forms the scientific and analytic basis for the comparisons under Sec. 1502.14. It shall consolidate the discussions of those elements required by sections 102(2)(C)(i), (ii), (iv), and (v) of NEPA which are within the scope of the statement and as much of section 102(2)(C)(iii) as is necessary to support the comparisons. The discussion will include the environmental impacts of the alternatives including the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. This section should not duplicate discussions in Sec. 1502.14. It shall include discussions of: (b) Indirect effects and their significance (Sec. 1508.8). (c) Possible conflicts between the proposed action and the objectives of Federal, regional, State, and local (and in the case of a reservation, Indian tribe) land use plans, policies and controls for the area concerned. (See Sec. 1506.2(d).) (d) The environmental effects of alternatives including the proposed action. The comparisons under Sec. 1502.14 will be based on this discussion. (e) Energy requirements and conservation potential of various alternatives and mitigation measures. (f) Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures. (g) Urban quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alternatives and mitigation measures. (h) Means to mitigate adverse environmental impacts (if not fully covered under Sec. 1502.14(f)).
The environmental impact statement shall list the names, together with their qualifications (expertise, experience, professional disciplines), of the persons who were primarily responsible for preparing the environmental impact statement or significant background papers, including basic components of the statement (Secs. 1502.6 and 1502.8). Where possible the persons who are responsible for a particular analysis, including analyses in background papers, shall be identified. Normally the list will not exceed two pages.
If an agency prepares an appendix to an environmental impact statement the appendix shall: (b) Normally consist of material which substantiates any analysis fundamental to the impact statement. (c) Normally be analytic and relevant to the decision to be made. (d) Be circulated with the environmental impact statement or be readily available on request.
Agencies shall circulate the entire draft and final environmental impact statements except for certain appendices as provided in Sec. 1502.18(d) and unchanged statements as provided in Sec. 1503.4(c). However, if the statement is unusually long, the agency may circulate the summary instead, except that the entire statement shall be furnished to: (a) Any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved and any appropriate Federal, State or local agency authorized to develop and enforce environmental standards. (b) The applicant, if any. (c) Any person, organization, or agency requesting the entire environmental impact statement. (d) In the case of a final environmental impact statement any person, organization, or agency which submitted substantive comments on the draft.
Agencies are encouraged to tier their environmental impact statements to eliminate repetitive discussions of the same issues and to focus on the actual issues ripe for decision at each level of environmental review (Sec. 1508.28). Whenever a broad environmental impact statement has been prepared (such as a program or policy statement) and a subsequent statement or environmental assessment is then prepared on an action included within the entire program or policy (such as a site specific action) the subsequent statement or environmental assessment need only summarize the issues discussed in the broader statement and incorporate discussions from the broader statement by reference and shall concentrate on the issues specific to the subsequent action. The subsequent document shall state where the earlier document is available. Tiering may also be appropriate for different stages of actions. (Section 1508.28).
Agencies shall incorporate material into an environmental impact statement by reference when the effect will be to cut down on bulk without impeding agency and public review of the action. The incorporated material shall be cited in the statement and its content briefly described. No material may be incorporated by reference unless it is reasonably available for inspection by potentially interested persons within the time allowed for comment. Material based on proprietary data which is itself not available for review and comment shall not be incorporated by reference.
When an agency is evaluating reasonably foreseeable significant adverse effects on the human environment in an environmental impact statement and there is incomplete or unavailable information, the agency shall always make clear that such information is lacking. (a) If the incomplete information relevant to reasonably foreseeable significant adverse impacts is essential to a reasoned choice among alternatives and the overall costs of obtaining it are not exorbitant, the agency shall include the information in the environmental impact statement. (b) If the information relevant to reasonably foreseeable significant adverse impacts cannot be obtained because the overall costs of obtaining it are exorbitant or the means to obtain it are not known, the agency shall include within the environmental impact statement:
(c) The amended regulation will be applicable to all environmental impact statements for which a Notice of Intent (40 CFR 1508.22) is published in the Federal Register on or after May 27, 1986. For environmental impact statements in progress, agencies may choose to comply with the requirements of either the original or amended regulation. [51 FR 15625, Apr. 25, 1986] Sec. 1502.23 Cost-benefit analysis. If a cost-benefit analysis relevant to the choice among environmentally different alternatives is being considered for the proposed action, it shall be incorporated by reference or appended to the statement as an aid in evaluating the environmental consequences. To assess the adequacy of compliance with section 102(2)(B) of the Act the statement shall, when a cost-benefit analysis is prepared, discuss the relationship between that analysis and any analyses of unquantified environmental impacts, values, and amenities. For purposes of complying with the Act, the weighing of the merits and drawbacks of the various alternatives need not be displayed in a monetary cost-benefit analysis and should not be when there are important qualitative considerations. In any event, an environmental impact statement should at least indicate those considerations, including factors not related to environmental quality, which are likely to be relevant and important to a decision.
Agencies shall insure the professional integrity, including scientific integrity, of the discussions and analyses in environmental impact statements. They shall identify any methodologies used and shall make explicit reference by footnote to the scientific and other sources relied upon for conclusions in the statement. An agency may place discussion of methodology in an appendix.
(b) The draft environmental impact statement shall list all Federal permits, licenses, and other entitlements which must be obtained in implementing the proposal. If it is uncertain whether a Federal permit, license, or other entitlement is necessary, the draft environmental impact statement shall so indicate. |