Environmental Engineering Reference
In-Depth Information
The project proponent has a number of options when preparing and
submitting the ENF. If their project falls between the two thresholds, they
can prepare an expanded ENF, which goes into great detail addressing the
potential for impacts for each environmental resource possibly at risk. If they
make a strong enough case that there will be little or no adverse impact, the
secretary can find no need for an EIR and require the mitigation proposed in
the expanded ENF in the certificate. If the proposed action exceeds the upper
threshold and an EIR is mandatory, an expanded ENF can be used to dismiss
certain areas of concern and thus limit the EIR scope issued by the secretary.
An expanded ENF can also include a proposed scope for an EIR with the
objective of focusing the scope issued by the secretary on the critical issues,
and thus an attempt to structure and limit the EIR.
If the secretary determines an EIR is required based on the ENF and com-
ments received, the certificate issued will include a very specific scope for the
EIR. In cases where the state action is approving a permit, the agency respon-
sible for issuing the permit generally issues a proposed EIR scope as part of
their comments on the ENF. The secretary then uses the agency's proposed
scope as a starting point, and adds to it issues raised in other comments.
The required scope of environmental analysis is broad when the action is
undertaken directly by an agency or involves state funding, but the scope is
typically limited when the only state involvement is approval. Also, if there
is only limited jurisdiction by a state entity, the scope normally only applies
to the aspects of the project subject to some form of agency action.
In many cases, the EIR scope is focused on just a few issues such as traffic,
and other environmental resources need not be addressed in the environ-
mental analysis. Typically, a draft EIR and a final EIR are specified in the
scope, but under certain circumstances where the scope is limited to just a
few issues, the proponent can make a case for a final EIR only. Unless there
are reasons uncovered during the ENF comment process, the EIR scope
generally requires a standard format similar to that specified in Council on
Environmental Quality guidelines for a NEPA EIS:
r Project description
r Alternatives to the project
r Existing environment
r Assessment of impacts
r Statutory requirements
r Mitigation measures
r Response to comments
The ROD required by NEPA is mirrored by the MEPA requirement for a
“Section 61” finding. This finding specifically and concisely identifies the
adverse impacts identified in the EIR and more importantly the project
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