Presented By Rushabh Sabadra (Environmental Engineering)

Guided by Dr. A.S Wayal

Environmental Impact Statement

The EIA and EIS are used interchangeably as synonyms. But both are difference between the two is that the EIA is carried out by the expert agency while the EIS as a tool is given to the decision makers in different formats. As a matter of fact, the EIS is the outcome of EIA. Report prepared by an expert agency significantly affects the quality of environment

Definition:
A report, based on studies, disclosing the likely or certain environmental consequences of a proposed action This altering the decision maker, the public and the government to environmental risks involved The finding enable better informed decisions to be made, perhaps to reject or defer the proposed action or permit it subject to compliance with specific conditions.

Purpose:
To help public officials make decisions that are based on an understanding of environmental consequences and take actions that protect, restore, and enhance the environment. To identify ways that environmental effects can be avoided or significantly reduced. To prevent significant, avoidable effects to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible. To disclose to the public the environmental information and analyses upon which Federal decisions will be based

Objectives of EIS:
To identify and describe (in as quantified a manner as possible) the environmental resources / values (ER / Vs) or the environmental attributes (EA) which will be affected by the proposed project, under existing or with or without project conditions. To describe, measure, and assess the environmental effect that the proposed project will have on the ER / Vs, including positive effects which enhance ER / Vs as well as the negative effects which impair them. Direct or indirect and short term or long term effects are to be considered. This would also include the description of the specific ways by which the project plan or design will minimize the adverse effects and maximize positive effects. To describe the alternatives to the proposed project which could accomplish the same result but with a different set of environmental effects. Energy generation by thermal, hydro, and nuclear would explain the case in point. Further, alternative locations are also considered.

Preparation and Content of the EIS:

The relationship between local short-term uses of [the human] environment and the maintenance and enhancement of long-term productivity. Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented. In developing a Draft EIS, the lead agency must coordinate with cooperating agencies. The Draft EIS will serve as the basis for public review and comment, and include adequate discussion of environmental conditions, environmental impacts, alternatives to the proposal, and mitigation measures. The Final EIS must include the agencys responses to comments, as well as a discussion of any opposing views that were not adequately discussed in the Draft EIS. The lead agency will ultimately base the Record of Decision on the Final EIS.

 The CEQ regulations assert that the EIS itself should be analytic in nature, concise, and no longer than absolutely necessary to comply with NEPA and the CEQ regulations. Environmental impacts must be discussed in a manner that reflects their relative significance. Although contractors usually draft the EIS itself, Federal agencies carry full legal responsibilities ensuring NEPAs objectives are met. An EIS should include a disclosure statement verifying that the contractor preparing the EIS does not have an interest in the outcome of the proposal. To avoiding possible conflicts of interest, this requirement helps assure the public that the analysis of the EIS is objective and free of self-serving research and analysis. Generally speaking, any delegation of work pursuant to NEPA should be performed in as objective a manner as possible. When an agency makes substantial changes to a proposed action that relate to environmental considerations, or where new information is made available regarding the environmental impacts concerning the proposed activity, the agency is required to prepare a Supplemental EIS.

Flexibility in Preparing Multiple EISs Tiering

Tiering refers to a procedure that allows an agency to develop a broad, initial EIS and incorporate it by reference in future EISs. The CEQ regulations encourage agencies to tier EISs in order to eliminate duplicative research, analysis, and paperwork. This broader EIS typically addresses a national programme or policy statement. The subsequent, narrower EISs or EAs can address regional and site specific activities, but incorporate the broader EIS without having to repeat the process of producing the same information. Tiering also serves the purpose of allowing agency decision-makers to focus on the specific issues related to the action in question. The subsequent EIS must also indicate where the earlier EIS is available. Depending on the project, tiering may also apply to different stages of related actions.

Consideration of Alternatives:
As per the CEQ regulations, the requirement for alternatives is at the heart of the environmental impact statement, and should sharply define the issues and provide a clear basis for the choice among options by the decision-making authority and the public. An EIS may consider an infinite number of alternatives. Agencies are required to rigorously explore and objectively evaluate all reasonable alternatives. In the Draft EIS, the lead agency must identify a preferred alternative, that is, the alternative which the agency believes would fulfill its statutory mission and responsibilities, giving consideration to economic, environmental, technical and other factors. This alternative is defined as one which would best promote the national environmental policy declared in Section 101 of NEPA. If an EIS is prepared, the Record of Decision (ROD) must include a discussion of all alter- natives that were considered in the EIS, and specifically identify the Environmentally Preferable Alternative.

Consideration of Mitigation Measures

The EIS and the ROD must each discuss mitigation measures that could reduce the potential impacts of the proposed action or alternatives. It also address relocation assistance for local communities, possible land use controls, or other efforts to reduce environmental impacts. In order to provide a clear assessment of potential environmental effects of the proposed activity, the EIS and ROD must also discuss the likelihood that mitigation measures will be adopted, implemented, and enforced by responsible agencies. As decided by the responsible agency, mitigation measures can be required in the final decision as enforceable permit conditions or adopted as part of the agencys final decision in the same manner as they are adopted in the formal ROD.

Consideration of Environmental Effects and Cumulative Impacts

Direct effects and their significance; Indirect effects and their significance; Possible conflicts between the proposed action and the objectives of Federal, regional, state, and local land use plans, policies and controls for the area concerned. Environmental effects of alternatives, including the proposed action Energy requirements and conservation potential of various alternatives and mitigation measures. Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures; Urban quality, historic and cultural resources, and the design of the built environment, including the reuse and conservation potential of various alter- natives and mitigation measures; and Measures of mitigating adverse environmental impacts.

COMMENT ON THE EIS

All Federal agencies with jurisdiction or special expertise in environmental impacts being considered in the EIS, as well as any appropriate Federal, State, or local government authorized to develop and enforce environmental standards; The applicant; and Any person, organization, or agency requesting the entire EIS.

RECORD OF DECISION (ROD)

In a Final EIS, each agency must make a final decision on the proposed activity in the form of a public Record of Decision. It must include a statement of the final decision, and identify all alternatives considered in reaching the decision. It must also specify the environmentally preferable alternative, based on economic and technical considerations and agency statutory missions, as well as other considerations of national policy. It must explain the agencys reasoning in selecting among alternatives, and state whether all practicable mitigation measures have been adopted to minimize environmental impacts, and if not, why not. As a public document, the ROD must be available to the public through appropriate public notice as required in the CEQ regulations. Nevertheless, there is no specific requirement that the ROD itself be published, either in the Federal Register or elsewhere.

IMPLEMENTATION AND ENFORCEMENT OF THE DECISION

In order to assure that decisions made in the EIS process are carried out, the lead agency and other appropriate consenting agencies must adopt a monitoring and enforcement programme to implement any mitigation measures described in the ROD. Pursuant to this requirement, the lead agency must take steps to implement the decisions by including appropriate conditions in grants, permits, or other approvals, and condition funding of actions on effective implementation of mitigation measures. Upon request, the lead agency must inform cooperating agencies on progress in carrying out mitigation measures and adopted in the ROD. The lead agency must also make all monitoring results available to the public. Pursuant to the requirements established under Federal administrative law, agencies are accountable for preparing Records of Decision and for implementing and enforcing the actions set out in a ROD. An agency is generally required to comply with its own decisions and regulations once they are adopted; one must therefore comply with its ROD. Thus, a ROD may be used to compel compliance with or implementation of the mitigation measures it provides.