NR 4417 - EIR Process

Purposes of an EIR

• Inform decision makers and public about a project’s significant environmental effects and ways

• Demonstrate to the public that the environment is being protected

• Ensure political accountability by disclosing to citizens the environmental values held by elected and appointed officials

CEQA does not require technical perfection in an EIR but rather:

• Adequacy

• Completeness

• Good faith effort at full disclosure

EIR Process

1. Initial Study Preparation

2. NOP sent to RA and TA

3. Responses to NOP sent to LA

4. Scoping Meetings

5. Contract for EIR preparation executed

6. Preliminary draft EIR prepared

7. …

The Parts of the EIR Process

1. Stage I: EIR Initiation

   1. Kickoff Meeting/Preliminary Data Collection

   2. Preliminary Project Desciption

   3. Scoping and Agency Consultation

2. Stage II: EIR Preparation

   1. Admin Draft EIR (for LA review)

   2. Draft EIR (for public review)

   3. Public NOA - notice of draft EIR availability

   4. Review periods

3. Stage III: EIR Finalization

   1. Admin Final EIR (Draft + Comments and Responses to Comments)

   2. Final EIR certifying the final EIR with findings

   3. Agency decision making

   4. Noticing requirements

Stage I: EIR Initiation

• EIR Consultant hired

• Kickoff/ Meeting Preliminary Data Collection

• Preliminary Project Description

• Scoping and Agency Consultation

Notice of Preparation (NOP)

• Include:

  • Description

  • Location

  • Public hearing information

  • Discussion of the probable environmental effects

  • Address where documents available for review

• EIR can be initiated while waiting for comments from responsible agencies

• RA and public have 30 days to review and comment on NOP

• Their concerns need to be addressed in the EIR

NOP Procedures

• Send to SCH, RA, TA, and Federal Agencies

• Send to jurisdictions, individuals and groups with an interest in the project

• Use certified main or other method to confirm delivery

• 30 days run from date of receipt

Scoping Meeting

• Scoping meeting required in addition to NOP when:

  • Requested by RA, TA, OPR, or applicant

  • Project is of statewide, areawide, or regional significance

  • Affects highways, facilities and requested by Caltrans

• Must notify agencies with jurisdiction by law

• Must notify individuals or groups filing written request or notice

Benefits of Scoping

• Screen out environmental issues less important to the issues at hand

• Effective way to bring together and resolve the conerns of interested federal, state, and local agencies

• First opportunitie for public involvement (including project opponents)

• Sets the stage for the potential range of implementation and success

Stage II: EIR Preparation

Administrative Draft EIR

• EIR Summary

• EIR Introduction

• Project Description

• General Environmental Setting

• Environmental Analysis

• Cumulative Impacts

• Alternatives Analysis

Public Review Draft EIR

• Public Notice of Draft EIR Availability (NOA)

• Notice of Completion (NOC)

• Review Periods

Difference Between ADEIR and DEIR

• Who may review/ edit ADEIR?

  • LA, Consultants, RA, TA

• What happens between ADEIR completion and DEIR circulation?

  • Lead Agency review/ edit (potentially multiple rounds; meetings)

  • Final “Screencheck”

  • Compiling, printing, distribution

  • Noticing

Notice of Completion (NOC)

• Filed with SCH

• Includes:

  • Brief description of project

  • Location

  • Address where environmental document is available

  • Period during which comments will be received

  • Notice of hearings

Notice of Availability (NOA)

• Contents

  • Project description and location

  • identification of significant environmental impacts

  • Specification of review period

  • Public hearing information

  • Address where EIR is available for review

  • Statement whether the project is listed as a toxic site

• Methods of distribution

  • Mailed to those previously requesting notice and

  • General circulation newspaper or

  • Posting in the project area or

  • Direct mailing to owners/occuments of contuguous parcels

State Review Process

Lead Agency: Submits Draft EIRs and NDs to State Clearinghouse

State Clearinghouse: Distributed Draft EIRs and NDs to State Agencies

State Agencies: Submit comments to State Clearinghouse

State Clearinghouse: Send comments to Lead Agency

Lead Agency: Receives comments from State Clearinghouse

Public and Agency Comments

Opportunities for Comment

• Public meeting

• Written response

Public Comments

• Can be ANY aspect of the EIR

• Should focus on document adequacy in terms of…

  • Identification of environmental impacts

  • Mitigation measures

Agency Comments

• Must be limited to aspects of the document that are wihtin its area of expertise or legal jurisdiction

• If identifies new significant impacts, must submit mitigation measures and performance objectives/ success writers

Public and Agency Comments

• Failure to comment

  • May assume “no comment”

• Late comments

  • Guidelines and judicial precedence do not require LA to respond

  • All comments become part of the administrativ record

  • LA should make an attempt to respond at some point in the process

Dealing with change prior to certification

Required if “significant new information” is added to the EIR after the close of public comment period, but before FEIR certification

• A new significant impact would result (from project or from new mitigation measures)

• Substantial increase in severity of a significant impact, unless migigation is adopted

• Considerably different, feasible mitigation/ alternative would clearly lessen and its adoption was declined

• Fundamentally inadequate Draft EIR

Stage III: Finalization

• Administrative Final EIR

  • Comments

  • Responses to comments

  • Revision to DEIR

• Final EIR

• LA Hearings

• Noticing Requirements

• Agency Decision Making Documents

Administrative Final and Final EIR

• Administrative Final EIR - Response to comments

  • Responses to comments

  • Good faith effort of full disclosure

  • Do not have to response to non-relevant comments

  • Discuss any alternatives suggested during public review

• May be in the form of revisions to the Draft EIR or a Separate Final EIR document

• No separate review period

• Written response to commenting agencies

  • 10 days prior to certification

• Better to discuss everything than ignore difficult issues

“Comment Noted”

• LA not obligated to prepare detailed response to opinion-based comments

• “Comment Noted” not prohibited by CEQA, but not advised

  • Meaning is uncertain; does not encourage meaningful public participation

Decision Process

• Consider and Certify

  • Consider and certify EIR

    • Certification requirements

• Approve

  • Approve Project

    • Make findings

    • Adopt mitigation, monitoring, and reporting program

    • Adopt statement of overriding conditions (if necessary)

• Issue

  • Issue Permit

    • CEQA statute of limitations

    • All other permits received

    • Appropriate conditions of approval (and mitigations) completed

Findings for a decision

1. Project has been changed to avoid or substantially reduce the magnitude of the impact

2. Changes to the project are within another agency’s jurisdiction, and such changes have been or should be adopted; or

3. Specific economic, legal, social, technological, or other considerations such as employment opportunities for highly skilled workers, make the mitigation or alternatives infeasible

Mitigation Monitoring and Reporting Program

• The pubilc agency shall adopt a reporting or moitoring program for the changes made to the project or conditions of the project approval, adopted in order to mitigated or avoid singificant effects on the environment

• The reporting or monitoring program shall be designed to ensure compliance during project implementation

• MMRP is adopted/ certified separately from EIR, usually at the time of the certification of the Final EIR

Objectives of Mitigation Monitoring

• Ensure implementation of mitigation measures during project

• Allow for adaptive management

• Provide feedback on mitigation effectiveness

• Provide learning opportunities for improving mitigation measures on future projects

• Identify need for enforcement actino to prevent environmental damage

Statement of Overriding considerations

Statement needed for approval of project with remaining significant effects

• Reasons to approve a project where significant impacts are not avoided or substantially lessened

• Reasons can be economic, legal, social, technological, or other

• Must be supported by substantial evidence

Notice of determination

• A LA must file an NOD after deciding to certify the EIR and approve the project

• Filing and posting

  • Within 5 working days after project approval

  • Posted with the county clerk for at least 30 days

  • filed with SCH for at least 30 days

  • DFG Fee required at time of filing

  • Starts 30 day statute of limitations (180 days if not filed and posted)

NOD

• Project description

• location

• date of approval

• determination whether will have a significant effect on the environment

• That the EIR was prepared/ certified pursuant to CEQA

• Whether mititgation measures are a condition and whether Statement of Overriding Consideraitons was adopted

• Address of where EIR and. certification can be examined

Structural Framework and Governing Authorities

Standard CEQA EIR

• Statutory basis: PRC and CEQA

• Scope: Broad statewide land-use, infrastructure, and urban projects

• LA: CIties, counties, or diverse state bodies

• Objective: Holistic macro-level environmental assessment

Timber Harvest Plan

• Statutory basis: FPA and FPR

• Exemption Mechanism: PRC 21080 Certified Regulatory Program

• Preparation and Lead: RPF prepared; Cal Fire approved

• Objective: Sector-specific functional equivalence