Attach B DAF EIAP Format Guide_08162024_CIE FINAL.pdf

DAF STANDARD EIAP DOCUMENTATION FORMAT

AND SUPPLEMENTAL INFORMATION

P ag e

DEPARTMENT OF THE AIR FORCE (DAF) STANDARD ENVIRONMENTAL

IMPACT ANALYSIS PROCESS (EIAP) DOCUMENTATIONi FORMAT

OBJECTIVE: Provide for efficient EIAP and achieve consistency with the Council on

Environmental Quality (CEQ) National Environmental Policy Act (NEPA)

Implementing Regulations (40 Code of Federal Regulations (CFR) §§ 1500-

1508) (“CEQ Regulations”), maintain rigorous environmental analysis, and promote efficient decision making by sharply defining the issues for the decision maker.

BACKGROUND

It is DAF policy to support NEPA based informed decision-making by providing for effective and efficient environmental review processes, ensure concise non-encyclopedic analyses, reduce unnecessary paperwork and delays, and provide an enterprise-wide standardized, repeatable, transparent, and deliberate process. This guidance normalizes the framework for DAF EIAP documentation and in part reinforces NEPA as amended (§§107(e), 107(g)) environmental document page and time limits and CEQ NEPA Regulations addressing concise and informative documents and efficient processes (40 CFR §§ 1500.4, 1500.5).

Table of Contents

EIS TEMPLATE: OUTLINE OF CHAPTERS AND SECTIONS

EA TEMPLATE: OUTLINE OF CHAPTERS AND SECTIONS

TEMPLATE NOTES

SECTION-SPECIFIC INFORMATION

Privacy Advisory [standard language]:

Cover (sheet)

Summary

Chapter 1: Purpose and Need for Action

Chapter 2: Alternatives Including the Proposed Action

Chapter 3: Affected Environment and Environmental Consequences

Appendices

EIS TEMPLATE: OUTLINE OF CHAPTERS AND SECTIONS

Privacy Advisory

Cover (Sheet)

Summary

ToC

1. Purpose of and Need for Action

1.1. Introduction

1.2. Purpose of Action

1.3. Need for Action

1.4. Interagency / Intergovernmental Coordination and Consultations

1.5. Public Participation

2. Alternatives Including the Proposed Action

2.1. Proposed Action Alternative

2.2. No Action Alternative

2.3. Alternative X (as applicable)

2.4. Alternative Y (as applicable)

2.5. Alternatives Eliminated

2.6. Table: Permits, Licenses and Other Authorizations

2.7. Table: Comparison of Environmental Consequences & Mitigations by Alternative

3. Affected Environment and Environmental Consequences

3.1. Introduction

3.1.1. Table: Resources Not Carried Forward for Detailed Analysis (including brief rationale)

3.1.2. Table Past, Present, Reasonably Foreseeable Future Actions Considered

3.2. Resources (e.g., Airspace)

3.2.1. Affected Environment

3.2.2. Environmental Consequences

3.2.2.1. Proposed Action

3.2.2.2. Proposed Action Alternative(s)

3.2.2.3. No Action Alternative

3.2.2.4. Cumulative Effects

3.2.2.5. Mitigation

** Repeat Chapter 3 subsections as needed for each resource carried forward for detailed analysis.

Common resources to analyze are:

• Airspace

• Noise

• Air Quality

• Biological Resources

• Cultural Resources

• Water Resources

• Safety and Occupational Health

• Geology and Soils

• Land Use

• Socioeconomics

• Environmental Justice

• Hazardous Materials & Hazardous Wastes

• Others as applicable

Appendices

EA TEMPLATE: OUTLINE OF CHAPTERS AND SECTIONS

Privacy Advisory

ToC

1. Purpose of and Need for Action

1.1. Introduction

1.2. Purpose of Action

1.3. Need for Action

1.4. Interagency / Intergovernmental Coordination and Consultations

1.5. Public Participation

2. Alternatives Including the Proposed Action

2.1. Proposed Action Alternative

2.2. No Action Alternative

2.3. Alternative X (as applicable)

2.4. Alternative Y (as applicable)

2.5. Alternatives Eliminated

2.6. Table: Permits, Licenses, and Other Authorizations

2.7. Table: Comparison of Environmental Consequences and Mitigations by

Alternative

3. Affected Environment and Environmental Consequences

3.1. Introduction

3.1.1. Table: Resources Not Carried Forward for Detailed Analysis (including brief rationale)

3.1.2. Table Past, Present, Reasonably Foreseeable Future Actions Considered

3.2. Resources (e.g., Airspace)

3.2.1. Affected Environment

3.2.2. Environmental Consequences

3.2.2.1. Proposed Action

3.2.2.2. Proposed Action Alternative(s)

3.2.2.3. No Action Alternative

3.2.2.4. Cumulative Effects

3.2.2.5. Mitigation

Repeat Chapter 3 subsections as needed for each resource carried forward for detailed analysis. Common resources to analyze are included in EIS template above.

Appendices

TEMPLATE NOTES

- Prepare standardized environmental documents that are conciseii and clear enabling a predictable, repeatable, deliberate, & transparent processes and allowing for uniform DAF scopeiii that is not encyclopedic and improves readability.

- Present relevant information one time and use internal references to avoid repetition.

- Focus analysis on important environmental issues, reduce paperwork and accumulation of extraneous background information and data, only briefly discuss other than important issues.

- EA format generally mirrors EIS format, with fewer sections and less complexity, to facilitate rapid transformation of the document into an EIS if the environmental analysis reveals a significant impact, as applicable.

- The Draft Finding of No Significant Impact (FONSI) shall not be embedded in the Draft EA.

The Draft FONSI is a standalone document published in the same places as the Draft EA.

- When DAF is lead agency, additional agency specific information may be required by cooperating agencies (CAs). To the extent practicable, incorporate CA requirements within the parameters of standardized DAF format, not to exceed page count for EAs or EISs.

- Make use of reliable data sourcesiv and high-quality information, including accurate scientific analysis, information, data, as well as the environmental design arts.

- Incorporation by referencev is a technique used to avoid redundancies in description or analysis and to reduce the bulk of environmental documents.

-- Referenced information includes data, survey results, inventories, relevant supplemental materials, and information such as detailed background information, resource area studies, surveys, or reports etc. that support analysis and conclusions.

-- Use sufficient detail to summarize the content of incorporated material and its relationship to the proposed action and alternative -- Cite to the source of the incorporated material by providing the name of the document and page numbers where the incorporated material can be found, avoiding ambiguity by making the citation specific to allow reviewers to fully understand what material is being incorporated and where to find the source.

-- Proprietary data is not to be incorporated by reference

-- Refer to 40 CFR § 1501.12 for information regarding incorporation by reference into environmental documents

-- Appendices should contain the detailed information to support the analysis and conclusions, but not be used in a way to circumvent the page limits of the documents.

-- Every EA and EIS is bounded by the practical limits of the decision-maker’s ability to consider detailed information. Page/time limits ensure the DAF develops environmental documents focused on significant effects and on the information useful to decision-maker and the public to more successfully implement the EIAP.

SECTION-SPECIFIC INFORMATION

Privacy Advisory [standard language]:

This Draft [Environmental Impact Statement (EIS)/Environmental Assessment (EA)] has been provided for public comment in accordance with the National Environmental Policy Act (NEPA), Council on Environmental Quality NEPA Implementing Regulations (Title 40 Code of Federal

Regulations [CFR] §§ 1500–1508), and 32 CFR § 989, Environmental Impact Analysis Process

(EIAP), which provides an opportunity for public input on United States Department of the Air

Force (DAF) decision-making, allows the public to offer input on alternative ways for DAF to accomplish what it is proposing, and solicits comments on DAF’s analysis of environmental effects.

Public input allows DAF to make better-informed decisions. Letters or other written or verbal comments provided may be published in this [EIS/EA]. Providing personal information is voluntary. Private addresses will be compiled to develop a stakeholders inventory. However, only the names of the individuals making comments and specific comments will be disclosed.

Personal information, home addresses, telephone numbers, and email addresses will not be published in this [EIS/EA].

Section 508 of the Rehabilitation Act of 1973 [standard language]:

The digital version of this [EIS/EA] and its project website are compliant with Section 508 of the

Rehabilitation Act of 1973 because assistive technology (e.g., “screen readers”) can be used to help the disabled to understand these electronic media. Due to the nature of graphics, figures, tables, and images occurring in the document, accessibility may be limited to a descriptive title for each item.

Cover (sheet)

One page, to include all requirements of 40 CFR §1502.11:

• A list of the lead, joint lead, and, to the extent feasible, any cooperating agencies.

• The title of the proposed action that is the subject of the statement (and, if appropriate, the titles of related cooperating agency actions), together with the State(s) and county(ies)

(or other jurisdiction(s), if applicable) where the action is located.

• The name, address, and telephone number of the DAF POC who can supply further information.

• A designation of the statement as a draft, final, or draft or final supplement.

• A one-paragraph abstract of the statement.

• Date by which the DAF must receive comments (computed in cooperation with EPA under § 1506.10(a)) for draft documents.

• The identification number included in the notice of intent (40 CFR § 1502.4(e)(10)).

Summary

• Typically only required for EISs.

• Includes the environmentally preferable alternative or alternatives, consistent with EIS.

• Shall be as concise as possible, normally not exceed 15 pages and include all requirements of 40 CFR § 1502.12.

• Discussion, analysis, and conclusions in the Summary shall be consistent with what is in the body of the EIS with no new information introduced that was not included in the EIS.

Chapter 1: Purpose and Need for Action

Introduction: The introduction shall be brief with enough context on important issues to set the stage for discussion of the DAF’s proposal. The introduction shall include the proposed action location(s) and may include a brief background to contextualize the program and/or mission(s) associated with the proposal and provide a succinct primer for the purpose and need. Make use of the project website for any lengthier background or historical information.

Purpose and Need: The purpose and need are the foundation of the alternatives developed that are the heart of the NEPA process. Do not write purpose and need too narrowly and/or support decisions already made.

The purpose shall discuss the DAF’s desired outcome(s) that will result from of implementation of the proposed action. The purpose is not the decision to be made, it is the solution (s) to identified problem(s). The need shall state the reason(s) the DAF proposes to act and describe the key problem(s) that are being addressed. This is not the need (e.g. comply with NEPA) for an EA or EIS.

Once defined, the Purpose and Need are not changed without going back and re-scoping.

Discuss interagency/intergovernmental coordination and consultation process. Use tables to provide information on groups contacted and input. Show that these processes are completed.

Discuss public involvement process. Use tables to summarize comments received from the public.

Chapter 2: Alternatives Including the Proposed Action

For EISs, this section shall include identification of the DAF preferred alternative and identification of the environmentally preferable alternative or alternatives.vi The DAF preferred alternative must be included in the Final EIS and shall be included in the Draft EIS if it is known.

The No Action Alternative: serves as the baseline environment against which the proposed action and other alternatives are compared, is what would happen over time at the study location if action were not implemented and shall be discussed in enough detail for a meaningful comparison of alternatives.

Alternatives Eliminated: Briefly discuss alternatives which would meet the purpose and need partially or in its entirety but were ultimately deleted from detailed study and include the reason for their elimination.

Table: Permits, Licenses, and Other Authorizations: This table shall list all authorizations to be completed prior to implementation of the proposed action or action alternatives. The table shall include other agencies involved and a brief summary of status.

Table: Comparison of Environmental Effects by Alternative: The table shall provide a succinct description of each alternative and a comparison of the potential environmental consequences of the proposed action, action alternatives, and the no action alternative based on the analysis in

Chapter 3. The comparison table shall include summary of appropriate mitigation measures as analyzed in Chapter 3.

Chapter 3: Affected Environment and Environmental Consequences

Introduction is a brief discussion of issues/resource areas eliminated from detailed analysis, as applicable and determined in scoping/Planning Requirements in the Environmental Impact

Analysis Process (PREIAP).

Include affected environment and environmental consequences in a single chapter. Subsections shall be kept to a minimum with only the necessary number of primary and secondary headings and subsections to ensure organization of the document.

Affected Environment shall include enough context to frame the analysis but shall not include encyclopedic and/or irrelevant information.

Environmental Consequences Environmental effects means changes to the human environment from the proposed action or alternatives that are reasonably foreseeable and include direct, indirect, and cumulative effects; thus, this section must analyze all such effects as applicable.

Analysis of environmental impacts shall be robust enough to support the comparison between the proposed action, reasonable alternatives, and the no action alternative.

- Ensure length of discussion proportional to complexity of the issues

- Shall focus on significance of effects, making a clear determination of whether effects would be significant- examining both context and intensity (40 CFR § 1501.3 (d)) to make a significance determination.

- Use only NEPA terms of art when discussing effects and analyzing mitigation measures.

NEPA terms of art include significant, not significant, direct, indirect, cumulative, past, present, and reasonably foreseeable.

- Avoid non-NEPA terms, such as “minor, moderate, negligible.” Within the context of effects analysis, these terms are subjective. A “minor,” effect to a very sensitive resource or ecosystem could potentially be significant.

- Not make conclusory statement which means reach a conclusion without supporting analyses or facts, evidence, or reasoning, e.g., it is insufficient to say, “following the

[environmental] law will result in no significant impacts.” Relevant aspects of the environmental law cited should be explained, how it relates to the proposed action, and how following this law will ensure no significant impacts to the resource area under discussion.

- Must rigorously analyze effects of the No Action Alternative, including any adverse effects.

Appendices

Appendices shall be as concise as possible and shall necessarily include:

• Scoping Information:

o EIS Scoping Comments: The appendix shall include a summary of information submitted by commenters during the public scoping process in table format. All scoping comments, or summaries thereof, which identify alternatives, information, or analysis for agency consideration shall be included. Append to the draft EIS or publish all comments received during the scoping process.

Summarize where responses have been exceptionally voluminous consistent with

40 CFR § 1502.17.

o EIS Public Comments: The final EIS shall include a table that summarizes substantive comments or groups of substantive comments and includes responses in accordance with 40 CFR § 1503.4, ensuring that all substantive comments, or summaries thereof, are included.

o EAs: This section shall generally mirror the approach for EISs, including all substantive comments or summary thereof, and responses, as applicable.

• List of Preparers, including all persons primarily responsible for preparation of the document, to include government personnel.

Appendices may include:

• Material prepared in connection with or fundamentally substantiating analysis.

• Methodologies, as applicable (40 CFR § 1506.6 (c))

Appendices may include examples and brief synopsis of the following and details this information should be part of the Administrative Record:

• Consultation correspondence.

• Notices of Intent, Notices of Availability, stakeholders’ inventory, scoping letter, newspaper ads, etc.

• Studies, surveys, reference material not prepared in connection with the NEPA document.

i EIAP documentation is a term that is inclusive of those documents prepared in accordance with NEPA and the CEQ NEPA Regulations. It includes environmental assessments, environmental impact statements, records of decision, findings of no significant impact, and notices of intent.

ii 40 CFR § 1500.4 lists examples of mechanisms to prepare concise and informative environmental documents and includes cross references to regulatory provisions that further the goal of preparing concise and informative documents.

iii Scope consists of the range and breadth of actions, alternatives, and effects to be considered in an environmental impact statement or environmental assessment. (40 CFR § 1508.1 Definitions).

40 CFR § 1502.4 provides in part: “Agencies shall use scoping, an early and open process consistent with

§ 1501.9 of this subchapter, to determine the scope of issues for analysis in an environmental impact statement, including identifying the important issues and eliminating from further study unimportant issues.”

iv 42 U.S.C. 4332(2)(E) provides, “all agencies of the Federal government shall … make use of reliable data and resources in carrying out this chapter.” 40 CFR § 1506.6 (b) provides: “In preparing environmental documents, agencies shall make use high-quality information, including reliable data and resources, models, and Indigenous Knowledge. Agencies may rely on existing information as well as information obtained to inform the analysis. Agencies may use any reliable data sources, such as remotely gathered information or statistical models. Agencies shall explain any relevant assumptions or limitations of the information, or the particular model or methodology selected for use.”

v 40 CFR § 1501.12 provides, in part, “Agencies shall cite the incorporated material in the document and briefly describe its content and briefly explain the relevance of the incorporated material to the environmental document. Agencies shall not incorporate material by reference unless it is reasonably available for review, such as on a publicly accessible website by potentially interested persons throughout the time allowed for comment or public review.”

vi 40 CFR § 1502.14(f) provides in part: “The environmentally preferable alternative will best promote the national environmental policy expressed in section 101 of NEPA by maximizing environmental benefits, such as addressing climate change related effects or disproportionate and adverse effects on communities with environmental justice concerns; protecting, preserving, or enhancing historic, cultural, Tribal, and natural resources, including rights of Tribal Nations that have been reserved through treaties, statutes, or Executive Orders; or causing the least damage to the biological and physical environment.”