Appendix A to Subpart A of Part 51 - Format for Presentation of Material in Environmental Impact Statements
10:2.0.1.1.1.1.61.84.1 : Appendix A
Appendix A to Subpart A of Part 51 - Format for Presentation of
Material in Environmental Impact Statements 1. General 2. Cover
sheet 3. Summary 4. Purpose of and need for action 5. Alternatives
including the proposed action 6. Affected environment 7.
Environmental consequences and mitigating actions 8. List of
preparers 9. Appendices 1.
General.
(a) The Commission will use a format for environmental impact
statements which will encourage good analysis and clear
presentation of the alternatives including the proposed action. The
following standard format for environmental impact statements
should be followed unless there is a compelling reason to do
otherwise:
(1) Cover sheet*
(2) Summary*
(3) Table of Contents
(4) Purpose of and Need for Action*
(5) Alternatives including the proposed action*
(6) Affected Environment*
(7) Environmental Consequences and Mitigating Actions*
(8) List of Preparers*
(9) List of Agencies, Organizations and Persons to Whom Copies
of the Statement are Sent
(10) Substantive Comments Received and NRC Staff Responses
(11) Index
(12) Appendices (if any)*
If a different format is used, it shall include paragraphs (1),
(2), (3), (8), (9), (10), and (11) of this section and shall
include the substance of paragraphs (4), (5), (6), (7), and (12) of
this section, in any appropriate format.
Additional guidance on the presentation of material under the
format headings identified by an asterisk is set out in sections
2.-9. of this appendix.
(b) The techniques of tiering and incorporation by reference
described respectively in 40 CFR 1502.20 and 1508.28 and 40 CFR
1502.21 1 of CEQ's NEPA regulations may be used as appropriate to
aid in the presentation of issues, eliminate repetition or reduce
the size of an environmental impact statement. In appropriate
circumstances, draft or final environmental impact statements
prepared by other Federal agencies may be adopted in whole or in
part in accordance with the procedures outlined in 40 CFR 1506.3 2
of CEQ's NEPA regulations. In final environmental impact
statements, material under the following format headings will
normally be presented in less than 150 pages: Purpose of and Need
for Action, Alternatives Including the Proposed Action, Affected
Environment, and Environmental Consequences and Mitigating Actions.
For proposals of unusual scope or complexity, the material
presented under these format headings may extend to 300 pages.
1 Tiering - 40 CFR 1502.20, 40 CFR 1508.28;
Incorporation by reference - 40 CFR 1502.21.
2 Adoption - 40 CFR 1506.3.
2.
Cover sheet.
The cover sheet will not exceed one page. It will include:
(a) The name of the NRC office responsible for preparing the
statement and a list of any cooperating agencies.
(b) The title of the proposed action that is the subject of the
statement with a list of the states, counties or municipalities
where the facility or other subject of the action is located, as
appropriate.
(c) The name, address, and telephone number of the individual in
NRC who can supply further information.
(d) A designation of the statement as a draft or final
statement, or a draft or final supplement.
(e) A one paragraph abstract of the statement.
(f) For draft environmental impact statements, the date by which
comments must be received. This date may be specified in the form
of the following or a substantially similar statement:
“Comments should be filed no later than 3 days after the date on
which the Environmental Protection Agency notice stating that the
draft environmental impact statement has been filed with EPA is
published in the Federal Register. Comments received after the
expiration of the comment period will be considered if it is
practical to do so but assurance of consideration of late comments
cannot be given.”
3 The number of days in the comment period should be inserted.
The minimum comment period is 45 days (see § 51.73.)
3.
Summary.
Each environmental impact statement will contain a summary which
adequately and accurately summarizes the statement. The summary
will stress the major issues considered. The summary will discuss
the areas of controversy, will identify any remaining issues to be
resolved, and will present the major conclusions and
recommendations. The summary will normally not exceed 15 pages.
4.
Purpose of and need for action.
The statement will briefly describe and specify the need for the
proposed action. The alternative of no action will be discussed. In
the case of nuclear power plant construction or siting,
consideration will be given to the potential impact of conservation
measures in determining the demand for power and consequent need
for additional generating capacity.
5.
Alternatives including the proposed action.
This section is the heart of the environmental impact statement.
It will present the environmental impacts of the proposal and the
alternatives in comparative form. Where important to the
comparative evaluation of alternatives, appropriate mitigating
measures of the alternatives will be discussed. All reasonable
alternatives will be identified. The range of alternatives
discussed will encompass those proposed to be considered by the
ultimate decisionmaker. An otherwise reasonable alternative will
not be excluded from discussion solely on the ground that it is not
within the jurisdiction of the NRC. 4 The discussion of
alternatives will take into accounts, without duplicating, the
environmental information and analyses included in sections, 4., 6.
and 7. of this appendix.
4 With respect to limitations on NRC's NEPA authority and
responsibility imposed by the Federal Water Pollution Control Act
Amendments of 1972, see §§ 51.10(c), 51.22(c)(17) and 51.71(d).
In the draft environmental impact statement, this section will
either include a preliminary recommendation on the action to be
taken, or identify the alternatives under consideration.
In the final environmental impact statement, this section will
include a final recommendation on the action to be taken.
6.
Affected environment.
The environmental impact statement will succinctly describe the
environment to be affected by the proposed action. Data and
analyses in the statement will be commensurate with the importance
of the impact, with less important material summarized,
consolidated, or simply referenced. Effort and attention will be
concentrated on important issues; useless bulk will be
eliminated.
7.
Environmental consequences and mitigating actions.
This section discusses the environmental consequences of
alternatives, including the proposed actions and any mitigating
actions which may be taken. Alternatives eliminated from detailed
study will be identified and a discussion of those alternatives
will be confined to a brief statement of the reasons why the
alternatives were eliminated. The level of information for each
alternative considered in detail will reflect the depth of analysis
required for sound decisionmaking.
The discussion will include any adverse environmental effects
which cannot be avoided should the alternative be implemented, the
relationship between short-term uses of man's environment and the
maintenance and enhancement of long-term productivity, and any
irreversible or irretrievable commitments of resources which would
be involved in the alternative should it be implemented. This
section will include discussions of:
(a) Direct effects and their significance.
(b) Indirect effects and their significance.
(c) Possible conflicts between the alternative and the
objectives of Federal, regional, State, and local (and in the case
of a reservation, Indian Tribe) land use plans, policies and
controls for the area concerned.
(d) Means to mitigate adverse environmental impacts.
8.
List of preparers.
The environmental impact statement will list the names and
qualifications (expertise, experience, professional disciplines),
of the persons who were primarily responsible for preparing the
environmental impact statement or significant background papers.
Persons responsible for making an independent evaluation of
information submitted by the applicant or petitioner for rulemaking
or others will be included in the list. Where possible, the persons
who are responsible for a particular analysis, including analyses
in background papers, will be identified.
9.
Appendices.
An appendix to an environmental impact statement will:
(a) Consist of material prepared in connection with an
environmental impact statement (as distinct from material which is
not so prepared and which is incorporated by reference (40 CFR
1502.21)).
(b) Normally consist of material which substantiates any
analysis fundamental to the impact statement. Discussion of
methodology used may be placed in an appendix.
(c) Normally be analytic.
(d) Be relevant to the decision to be made.
(e) Be circulated with the environmental impact statement or be
readily available on request.
Discussion of Footnotes 1.
Tiering.
40 CFR 1502.20 states:
“Agencies are encouraged to tier their environmental impact
statements to eliminate repetitive discussions of the same issues
and to focus on the actual issues ripe for decision at each level
of environmental review (§ 1508.28). Whenever a broad environmental
impact statement has been prepared (such as a program or policy
statement) and a subsequent statement or environmental assessment
is then prepared on an action included within the entire program or
policy (such as a site specific action) the subsequent statement or
environmental assessment need only summarize the issues discussed
in the broader statement and incorporate discussions from the
broader statement by reference and shall concentrate on the issues
specific to the subsequent action. The subsequent document shall
state where the earlier document is available. Tiering may also be
appropriate for different stages of actions. (Sec. 1508.28).”
40 CFR 1508.28 states:
“ ‘Tiering’ refers to the coverage of general matters in broader
environmental impact statements (such as national program or policy
statements) with subsequent narrower statements or environmental
analyses (such as regional or basinwide program statements or
ultimately site-specific statements) incorporating by reference the
general discussions and concentrating solely on the issues specific
to the statement subsequently prepared. Tiering is appropriate when
the sequence of statements or analyses is:
“(a) From a program, plan, or policy environmental impact
statement to a program, plan, or policy statement or analysis of
lesser scope or to a site-specific statement or analysis.
“(b) From an environmental impact statement on a specific action
at an early stage (such as need and site selection) to a supplement
(which is preferred) or a subsequent statement or analysis at a
later stage (such as environmental mitigation). Tiering in such
cases is appropriate when it helps the lead agency to focus on the
issues which are ripe for decision and exclude from consideration
issues already decided or not yet ripe.”
Incorporation by reference. 40 CFR 1502.21 states:
“Agencies shall incorporate material into an environmental
impact statement by reference when the effect will be to cut down
on bulk without impeding agency and public review of the action.
The incorporated material shall be cited in the statement and its
content briefly described. No material may be incorporated by
reference unless it is reasonably available for inspection by
potentially interested persons within the time allowed for comment.
Material based on proprietary data which is itself not available
for review and comment shall not be incorporated by reference.”
2.
Adoption.
40 CFR 1506.3 states:
“(a) An agency may adopt a Federal draft or final environmental
impact statement or portion thereof provided that the statement or
portion thereof meets the standards for an adequate statement under
these regulations.
“(b) If the actions covered by the original environmental impact
statement and the proposed action are substantially the same, the
agency adopting another agency's statement is not required to
recirculate it except as a final statement. Otherwise the adopting
agency shall treat the statement as a draft and recirculate it
(except as provided in paragraph (c) of this section).
“(c) A cooperating agency may adopt without recirculating the
environmental impact statement of a lead agency when, after an
independent review of the statement, the cooperating agency
concludes that its comments and suggestions have been
satisfied.
“(d) When an agency adopts a statement which is not final within
the agency that prepared it, or when the action it assesses is the
subject of a referral under part 1504, or when the statement's
adequacy is the subject of a judicial action which is not final,
the agency shall so specify.”
[49 FR 9381, Mar. 12, 1984, as amended at 61 FR 28490, June 5,
1996; 61 FR 66546, Dec. 18, 1996]