30-50-65 -- Contents of An EIS
Format. The format used for an EIS shall encourage good analysis and clear presentation of the proposed action, alternatives to the proposed action, their environmental effects and, when there is an interrelationship between economic or social and natural or physical environmental effects, their economic, and social impacts. See 40 CFR '1508.14. The CEQ regulations (40 CFR Part 1502) provide detailed requirements for the preparation of an EIS.
The following CEQ recommended standard format for EIS's (40 CFR 1502.10) shall be used unless the responsible official determines that there is a compelling reason to do otherwise:
- Cover Sheet;
- Table of Contents;
- Purpose of and need for action;
- Alternatives including proposed action;
- Affected environment;
- Environmental consequences;
- List of preparers;
- List of agencies, organizations, and persons to whom copies of the EIS are sent;
- Index; and
- Appendices (if any).
If a different format is used, it shall include paragraphs 1-3, 8-10, and shall include the substance of paragraphs 4-7 and 11, in any appropriate format.
Cultural or Natural Assets. If a proposed action will also affect a cultural or natural asset, the EIS shall incorporate the material required by the applicable statute or Executive Order.
Pollution Prevention. Pollution prevention should be an important component of mitigation of the adverse impacts of a Federal action. To the extent practicable, pollution prevention considerations should be included in the proposed action and in the reasonable alternatives to the proposal, and should be addressed in the environmental consequences section of the EIS (40 CFR '' 1502.14(f), 1502.16(h), and 1508.20).
Draft EIS. Draft environmental impact statements shall be prepared in accordance with the scope decided upon in the scoping process and shall satisfy to the fullest extent possible the requirements established for final ElSs. All substantive comments received during the comment period held as part of the public scoping process shall be considered in determining the scope of the EIS. The draft statement should discuss all major points of view on the environmental impacts of the alternatives, including the proposed action.
Final EIS. A final EIS shall be prepared following the public comment period and hearing on the draft EIS. The HHS organization's responses to comments shall be made in accordance with 40 CFR ' 1503.4. A final EIS shall contain any additional relevant information gathered after the publication of the draft EIS, a copy of or a summary of oral and written comments received during the public review of the draft EIS, and the HHS organization's responses to the comments. Any responsible opposing view that was not adequately discussed in the draft statement shall be addressed in the final EIS. A final EIS shall also include any mitigation measures necessary to make the recommended alternative environmentally acceptable and any findings required by Sections 30-40-40 or 30-40-70 in connection with floodplain or wetlands environmental reviews.
Consideration of Comments on the Draft EIS. Comments received on the draft EIS shall be carefully assessed and considered. The final EIS shall respond to oral and written comments received during public review of the draft EIS, as provided by 40 CFR ' 1503.4.
Supplemental Statement. OPDIVs/STAFFDIVs shall prepare supplements to either draft or final statements if there are substantial changes in the proposed action which are relevant to environmental concerns bearing on the proposed action, if significant new information becomes available, or new circumstances occur. Preparation and circulation of supplements is the same as that for draft and final ElSs.
Record of Decision. When an OPDIV/STAFFDIV reaches a decision on a proposed action after preparing an EIS, the responsible official shall prepare a concise public record of decision which includes:
All alternatives considered, specifying the alternative or alternatives which were considered to be environmentally preferable;
A discussion of factors which were involved in the decision, including any essential considerations of national policy which were balanced by the organization in making its decision and a statement of how those considerations entered into its decision;
A statement of whether all practicable means to avoid or minimize potential environmental harm from the alternative selected have been adopted, and if not, why they were not;
A description of mitigation measures that will be undertaken to make the selected alternative environmentally acceptable;
A discussion of the extent to which pollution prevention is included in the decision and how pollution prevention measures will be implemented; and
A summary of any monitoring and enforcement program adopted for any mitigation measures.
This page was last updated on May 23, 2013