Topic:
This article will discuss the three basic types of environmental documents that are required by the National Environmental Policy Act (NEPA).
Discussion:
There are three basic types of environmental documents that are set out in NEPA and their preparation is dependent upon the level of environmental impacts of the project under consideration. The most complex and involved projects would typically require the preparation of an Environmental Impact Statement (EIS). The least impactive projects will generally be handled through the preparation of a Categorical Exclusion (CE) document. Those projects where the impacts are not clearly established will generally require the preparation of an Environmental Assessment (EA).
Examples of transportation projects that would generally require the preparation of an EIS would be a highway project of four or more lanes on new location, or new construction or extension of fixed rail transit facilities (23 CFR 771.115). The preparation of an EIS is a complex and time-consuming effort, which has very formal preparation and public involvement requirements. Recent statistics show that a typical EIS will take from 3 to 5 years to develop and process, with complex projects possibly taking several additional years to complete. The end result of the EIS process is a summary document called a Record of Decision (ROD), which is issued by the lead Federal Agency. FHWA and FTA regulations regarding the preparation of an EIS can be found at 23 CFR 771.123 through 771.130.
For those minimal type projects that an Agency generally funds, there is the ability to establish categories of projects that do not involve significant environmental impacts. In establishing these categories of projects, the Federal Agency goes through a public involvement process and solicits the comments of other Federal Agencies and interest groups. The end result is a list and description of those types of projects that only require minimal additional written evaluation in order to comply with the requirements of NEPA. For FHWA and FTA projects, the list of projects that qualify for Categorical Exclusion (CE) treatment can be found at 23 CFR 771.117.
For those projects that are not obvious candidates for an EIS, but cannot qualify as a CE, the most appropriate NEPA document will likely be an Environmental Assessment (EA). An EA is a thorough document, but not nearly as complex to prepare as an EIS. The ultimate goal of an EA is to document the project’s impacts, and to demonstrate that the impacts are not so significant as to require the preparation of an EIS. If at any time during the preparation of an EA, it becomes apparent that an EIS would be a more appropriate document, a shift in document preparation should be made. Recent statistics indicate that a typical EA will take between 6 and 24 months to prepare. The end result of the EA process is a summary document called a Finding of No Significant Impact (FONSI), which is issued by the lead Federal Agency. FHWA and FTA regulations regarding the preparation of an EA can be found at 23 CFR 771.119.
Source:
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Robert Kleinburd |
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