1、AASHTO PRACTITIONERS HANDBOOKThe Practitioners Handbook is produced by the AASHTO Center for Environmental Excellence. The Handbook provides practical advice on a range of environmental issues that arise during the planning, development, and operation of transportation projects. The Handbook is prim
2、arily intended for use by project managers and others who are responsible for coordinating compliance with a wide range of regulatory requirements. With their needs in mind, each Handbook includes: key issues to consider; a background briefi ng; practical tips for achieving compliance. In addition,
3、key regulations, guidance materials, and sample documents for each Handbook are posted on the Centers web site at http:/environment.transportation.org RESPONDING TO COMMENTS ON AN ENVIRONMENTAL IMPACT STATEMENTResponding to comments on an environmental impact statement (EIS) under the National Envir
4、onmental Policy Act (NEPA) is a complex challenge. This Handbook provides information for developing responses to comments on both a Draft EIS and Final EIS, and covers the issues associated with responding to comments on an Environmental Assessment (EA).Issues covered in this Handbook include: Invi
5、ting comments Receiving and sorting comments Developing responses to comments Ensuring accuracy and consistency Formats for presenting DEIS comments and responses in the FEISAmerican Association of State Highway and Transportation Offi cials02July 2006AASHTO Center for Environmental ExcellenceRespon
6、ding to Comments on an Environmental Impact Statement 1OverviewThis Handbook provides recommendations for reviewing and responding to comments on an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). It focuses primarily on the development of responses to commen
7、ts on a Draft EIS (DEIS). Since agencies often receive comments on the Final (FEIS) as well, this Handbook also discusses the development of responses to comments on the FEIS. In addition, the Handbook briefl y covers the issues associated with responding to comments on an Environmental Assessment (
8、EA). Comments on an EIS typically are received from federal and state regulatory agencies, local governments, stakeholder groups, and individuals. Comments may identify potential gaps or inconsistencies in the EIS; raise concerns about the fairness of the study process; point to specifi c regulatory
9、 requirements that must be considered; or raise other concerns about compliance with NEPA or other laws. And, of course, many comments also present strong opinions for or against the project. For controversial projects, the most numerous comments are often those submitted by individuals or groups wh
10、o oppose the project. Giving all of the comments proper consideration requires a careful, well-organized effort by the project team. This effort involves, at a minimum, the drafting of responses to comments, which can be a signifi cant logistical challenge in its own right. In addition, it is often
11、necessary to make changes to the EIS itself, which may involve substantial additional technical work. In some cases, it is even necessary to prepare a Supplemental EIS (SEIS) in order to respond adequately to the issues raised in the comments. This Handbook is intended to provide an overall framewor
12、k for undertaking these important tasks. Key Issues to ConsiderInviting CommentsHow long will the comment period be? Does your schedule allow the fl exibility to extend the comment period if necessary?How will the comment deadline be communicated to the public?Will you accept electronic comments (e.
13、g., e-mails, via web site)?What information, if any, will you require commenters to provide (e.g., name, address, e-mail)?Receiving and Sorting CommentsWhat is the intake process?Will the content of the comment letters be transferred to a database or spreadsheet for sorting? If so, what specifi c so
14、ftware will be used?If comments are converted into a database, how will you correlate individual comments in the database back to the actual comment letters?How will comments be categorized into topic areas? Who needs to be involved in setting up the topic areas? Who will maintain the clean, unalter
15、ed originals of each comment?Reviewing and Responding to CommentsWill all comments be reviewed by a single team, or will they be divided among multiple teams based on subject area?How will you ensure consistency in responses?How will you ensure consistency between the responses to DEIS comments and
16、the text in the main body of the FEIS?Have you considered the need for legal suffi ciency review of the responses to comments? How much time will this take and when will it occur in the process? 2006 by the American Association of State Highway and Transportation Officials.All rights reserved. Dupli
17、cation is a violation of applicable law.2 Responding to Comments on an Environmental Impact StatementResponding to FEIS CommentsWill you establish a comment period for the FEIS and invite comments?If comments are received on the FEIS, will they be addressed in the record of decision (ROD) itself or
18、in some other way?Does your schedule take into account the potential need to consider and address comments on the FEIS?Background BriefingRequirement to Allow and Address Comments. Section 1503 of the Council on Environmental Quality (CEQ) regulations requires a federal agency preparing an EIS to pr
19、ovide an opportunity for comment on the Draft EIS (DEIS) and respond to those comments in the fi nal EIS (FEIS). Length of Comment Period on DEIS. Under the CEQ regulations, the comment period on a DEIS must be at least 45 days after publication of a notice of availability of the DEIS in the Federal
20、 Register. The CEQ regulations themselves do not establish a maximum time period. However, under Section 6002 of SAFETEA-LU, the period for comments on a DEIS for a highway or transit project must be no more than 60 days, unless (1) the lead agency, project sponsor, and all participating agencies ag
21、ree on a different comment period, or (2) the comment period is extended by the lead agency (U.S. DOT) “for good cause.”1(A discussion of comments on the FEIS is included in this section.) Initiating the Comment Period. As noted above, the DEIS comment period formally begins with publication of the
22、notice of availability of the DEIS in the Federal Register. This notice is actually submitted to the Federal Register by the U.S. Environmental Protection Agency (EPA), which typically submits them in batches on a weekly basis. Under its procedures, EPA will not submit the notice to the Federal Regi
23、ster until the DEIS has been fi led with the EPA and the DEIS has been made available to all other interested agencies and the public. Once the EPA submits the notice to the Federal Register, there is a time lag of several days before the notice is actually published. Project managers should consult
24、 with their Federal Highway Administration (FHWA) Division Offi ces and/or EPA regarding the procedures for submittal of the notices of availability.2Extending the Comment Period. Requests to extend the comment period are frequently received, particularly for larger and more complex projects. The de
25、cision about whether to extend the comment period rests with the lead agency, which is typically FHWA for a highway project. The requirements of Section 6002 of SAFETEA-LU should be considered when deciding whether to extend a comment period. Section 6002 establishes (with allowance for some excepti
26、ons) a 60-day maximum comment period for comments on a DEIS, and a 30-day maximum for other comment periods.Substantive vs. Non-Substantive Comments. The general rule under the CEQ regulations is that an FEIS must respond to all “substantive” comments on a DEIS. The CEQ regulations and guidance do n
27、ot defi ne the term “substantive,” nor is there any defi nition of this term in FHWA or FTA regulations or guidance. The National Park Service issued guidance stating that a comment is considered substantive if it raises specifi c issues or concerns regarding the project or the study process, but no
28、t if it merely expresses support for or opposition to the project or a particular alternative.3FHWA generally follows a similar approach when determining which comments are substantive. Individual vs. Group Responses. Section 1503.4 of the CEQ regulations state that comments should be assessed and c
29、onsidered “individually and collectively.” It also states that all substantive comments should be attached to the FEIS, except that summaries may be attached if the substantive comments are “exceptionally voluminous.” These regulations allow for similar comments to be grouped together and addressed
30、in a single response. 1 SAFETEA-LU is the Safe, Accountable, Flexible, and Effi cient Transportation Equity Act: A Legacy for Users, which was enacted in August 2005. Section 6002 of SAFETEA-LU establishes an environmental review process for projects that require preparation of an EIS. A copy of Sec
31、tion 6002 is available on the Centers website at http:/environment.transportation.org2 The EPA guidance for submitting a notice of availability for a DEIS is available on Centers website, http:/environment.transportation.org3 The National Park Services NEPA guidance states that substantive comments
32、“(a) question, with reasonable basis, the accuracy of information in the EIS; (b) question, with reasonable basis, the adequacy of environmental analysis; (c) present reasonable alternatives other than those presented in the EIS; or (d) cause changes or revisions in the proposal.” The NPS guidance a
33、lso states that “comments in favor of or against the proposed action or alternatives, or comments that only agree or disagree with NPS policy, are not considered substantive.” See NPS Directors Order 12, Conservation Planning, Environmental Impact Analysis and Decision Making, Section 4.6, “Environm
34、ental Impact StatementsThe Final EIS” (Jan. 8, 2001). A copy of this order is available on the Centers website at http:/environment.transportation.org 2006 by the American Association of State Highway and Transportation Officials.All rights reserved. Duplication is a violation of applicable law.Resp
35、onding to Comments on an Environmental Impact Statement 3Format for Comments and Responses in FEIS. There is no prescribed format for presenting comments and responses in the FEIS. Typically, if the comments are voluminous, the comments and responses will be presented in a separate volume (or volume
36、s) of the FEIS. (For specifi c suggestions regarding potential formats, see the “Practical Tips” section below.) Letter Responses. The responses provided in the FEIS serve as the federal agencys offi cial response to all comments received on the DEIS. Because responses are provided in the FEIS, it i
37、s not necessary to send an individual response letter to each commenter. If an agency decides to send individual response letters, it is important to ensure that the responses given in the letters are fully consistent with the responses given in the FEIS. Receiving Electronic Comments. For some proj
38、ects, an opportunity is provided for comments to be submitted electronically for example, by providing a comment form on the project web site. There is no regulatory requirement to provide this option, but it has been used in some cases as a means of providing an additional opportunity for public in
39、volvement. Whether to Request Comments on the FEIS. The CEQ regulations do not specifi cally require a period for comments on the FEIS. However, Section 1501.8 of the CEQ regulations states that the lead agency “may” set time limits for “review of any comments on the fi nal environmental impact stat
40、ement.” In addition, Section 1503.1(b) states that an agency “may request comments on a fi nal environmental impact statement before the decision is fi nally made” and also states that “other agencies or persons may make comments before the fi nal decision ROD unless a different time is provided und
41、er Sec. 1506.10.” Based on these regulations, the lead agency may request comments and set a deadline for commenting on the FEIS; if such a deadline is set, the agency must consider comments received by the deadline; if a deadline is not set, the agency must consider comments received at any time up
42、 until a ROD is issued. Length of Comment Period on FEIS. The CEQ regulations do not specifi cally establish a minimum time period for comments on an FEIS, but they do require at least 30 days between the FEIS and the ROD. Thus, as a practical matter, there is a period of at least 30 days within whi
43、ch agencies and the public may submit comments on an FEIS. Under SAFETEA-LU, this minimum may also be a maximum: under that law, the comment period on an FEIS must be no more than 30 days, unless (1) the lead agency, project sponsor, and all participating agencies agree on a different comment period
44、, or (2) the comment period is extended by the lead agency (U.S. DOT) “for good cause.” Practical Tips1 | Inviting Comments Determining the Length of the Comment Period. As noted above, the comment period on a DEIS must be at least 45 days, but (for projects subject to Section 6002 of SAFETEA-LU) it
45、 should generally be no longer than 60 days. It is important to consider the requirements of Section 6002 if a deadline will be established that is longer than 60 days. Announcing Deadline for Comments. The deadline for submitting DEIS comments generally should be announced at the time the DEIS is r
46、eleased. Announcing the comment deadlinethe actual date, not just the number of daysat this time will help to ensure that the comment deadline is widely disseminated through media coverage of the DEIS. It is helpful to announce the deadline in the DEIS, on the project web site, and in public hearing
47、 brochures and handouts. It is also helpful to include the date of the comment deadline in the Federal Register notice announcing the availability of the DEIS.Reducing the Potential for an Extension. Requests for extensions are often based on the timing of the release of the DEIS, diffi culty obtain
48、ing access to the DEIS, or the overall size of the DEIS. To reduce the potential for such concerns, it may be helpful to:Establish a comment period that is longer than the required 45-day minimum if the project involves complex issues or there are other reasons to extend the period;Coordinate with o
49、ther agencies in advance regarding the time period for comments, taking into accounts any concerns that they may havee.g., the need for additional time due to holidays, vacations, or workload;Maintain accurate records of the distribution of the DEIS, including the mailing list, the date on which materials were sent out, the method of transmittal (e.g., U.S. mail), and the type of document transmitted (hard copy vs. CD-ROM); Ensure that documents posted to the project web site are accurate and complete, and promptly address any repor
