Environmental process | Environmental review | Class I Action
Environmental Impact Statement (EIS) - Class I Actions process
Step-by-step outline
- Develop the EIS Statement of Purpose and Need
- Develop a Public Engagement Plan
- Consult with FHWA Regarding Notice of Intent (NOI) (Allow 30 days for FHWA Action) (See Expanded Guidance section below)
- NOI Published in Federal Register (Formal EIS Kickoff)
- Prepare Scoping Document/Draft Scoping Decision Document (SD/DSDD) (PPMS Activity 1050: 75% complete) (See Expanded Guidance section below)
- Distribute Preliminary SD/DSDD to FHWA and MnDOT CO for comment (Allow 45 days for FHWA Review & Comment)
- Finalize SD/DSDD
- SD/DSDD Approval by MnDOT Chief Environmental Officer (PPMS Activity 1050: 95% complete)
- SD/DSDD Availability Notice in EQB Monitor/Scoping Meeting Notice (See Expanded Guidance section below)
- Distribute SD/DSDD for public review/comment
(PPMS Activity 1050: 100% complete) (See Expanded Guidance section below) - Scoping Meeting Notice in EQB Monitor
(PPMS Activity 1051: 80% complete) - Scoping Meeting
(PPMS Activity 1051: 85% complete) - Close Scoping Document comment period
(PPMS Activity 1051: 100% complete) - Prepare and distribute Scoping Meeting minutes
(PPMS Activity 1052: 20% complete) - Select Alternatives and Issues to Carry into EIS
(PPMS Activity 1052: 50% complete) - Prepare Scoping Decision Document(SDD)
(PPMS Activity 1052: 75% complete) - Preliminary SDD to FHWA and MnDOT CO for Comment
(Allow 30 days for FHWA Review & Comment) - Finalize Scoping Decision Document (SDD)
(PPMS Activity 1052: 90% complete) - SDD Approval by MnDOT Chief Environmental Officer
(PPMS Activity 1052: 95% complete) - Scoping Decision Notice/EIS Preparation Notice in EQB Monitor
(PPMS Activity 1052: 100% complete) (See Expanded Guidance section below) - Distribute Scoping Decision Document (or SDD Summary, if Appropriate)
- EIS Scoping Phase Ends
- Start EIS Preparation and Approval
- Consult with FHWA Regarding Solicitation to Federal and State Cooperating Agencies
- Solicit Federal and State Cooperating Agencies (See Expanded Guidance section below)
- Prepare Draft EIS (DEIS)
(PPMS Activity 1100: 65% complete) - Submit Preliminary DEIS for FHWA and MnDOT CO comment
(Allow 45 days for FHWA Review & Comment) - Finalize DEIS
(PPMS Activity 1100: 90% complete) - MnDOT District Recommendation for Approval
District Engineer (or delegated ADE) signs to recommend approval. - MnDOT Approval of DEIS – signature of Chief Environmental Officer.
- OES transmits DEIS to FHWA Division Administrator for FHWA approval. The FHWA Division Administrator has the authority to approve the DEIS. Allow 21 days for FHWA approval.
- FHWA Division Administrator Approval of DEIS (allow 21 days)
- DEIS Distribution (See Expanded Guidance section below)
- Availability Notice Press Release
- DEIS Availability / Public Hearing Notice in EQB Monitor (Federal Register Notice of DEIS Availability)
(PPMS Activity 1100: 100% complete) - Public Hearing on DEIS
(PPMS Activity 1110: 50% complete - Public Hearing Transcript
(PPMS Activity 1110: 80% complete) - Certificate of Compliance
(PPMS Activity 1110: 100% complete) - Select Preferred Alternative (MnDOT and FHWA Approvals)
- Publicize Preferred Alternative
(PPMS Activity 1120: 5% complete) - Prepare Final EIS (FEIS)
(PPMS Activity 1120: 75% complete) - Submit Preliminary FEIS for FHWA and OES Comment
(allow 45 days for FHWA review and comment) - Finalize FEIS
(PPMS Activity 1120: 90% complete) - FEIS Legal Sufficiency Review by FHWA (allow 30 days)
(If applicable, FHWA HQ FEIS Prior Concurrence occurs at the same time as legal review). See EIS Prior Occurrence Procedures. - District Engineer Recommendation for Approval
- MnDOT Chief Environmental Officer Approval of FEIS
- Transmit FEIS to FHWA Division Administrator
- FHWA Division Administrator Approval of FEIS (allow 21 days)
(PPMS Activity 1120: 95% complete) - Availability Notice Press Release
- Distribution for Public Review & Comment (FEIS)
- FEIS Availability Notice in EQB Monitor
- FEIS Availability Notice in Federal Register
(PPMS Activity 1120: 100% complete) - Adequacy Determination
by MnDOT Chief Environmental Officer
(Approval) (PPMS Activity 1121: 80% complete) - Notice of Adequacy in EQB Monitor
(PPMS Activity 1121: 100% complete) - Consult with FHWA Regarding ROD
(PPMS Activity 1122: 75% complete) - Record of Decision (ROD) (Approval)
Issued by FHWA (allow 30 days) - Notice of Approval and Availability of ROD (in Federal Register)
(PPMS Activity 1122: 100% complete) - ROD is Formal Location Approval and Environmental Approval
(end of EIS process unless re-evaluation is required) - Summarize mitigation requirements from EIS and ROD to carry forward Environmental commitments into design
- Re-evaluation, if needed
(If applicable: supplemental EIS, new EIS, revised ROD, or no change to FEIS, as appropriate)
Expanded guidance
Step 3: Consult with FHWA regarding Federal Notice of Intent
A Notice of Intent to prepare an EIS must appear in the Federal Register (but is not required in the EQB Monitor). Its purpose is to notify potentially-affected agencies and individuals that an EIS will be prepared.
It must include:
- Proposed action and possible alternatives
- Scoping process, including when and where any scoping meeting will be held
- The name and address of a person within the agency who can answer questions about the proposed action and the EIS
The District may also announce the intent to prepare an EIS via local media. Notice of Intent to prepare an EIS is not required to be published in the EQB Monitor.
Step 5: Prepare Scoping Document/Draft Scoping Decision Document (SD/DSDD)
The scoping process for Class I Actions is used to identify the range of alternatives, potential impacts and significant issues to be addressed in the EIS. See 40 CFR 1501.7 for scoping requirements. A public scoping meeting, while optional under the federal process, is required by the Minnesota EQB rules. Scoping can take many forms depending on what is appropriate. The formal scoping process, per federal procedures, occurs after publication of the Notice of Intent in the Federal Register. However, early notification and coordination as well as early environmental studies are generally a part of the informal scoping process.
The District is directs scoping activities with the support of OES and other Central Office groups. The project schedule should allow 45 days for FHWA review and comment on the preliminary SD/DSDD.
Step 9: SD/DSDD Availability/Scoping Meeting Notice
SD/DSDD Availability
Notice of the availability of the Scoping Document and Draft Scoping Decision Document must be published in the EQB Monitor, as well as a Scoping Meeting Notice. The SD/DSDD Availability Notice may be published in the EQB Monitor and local newspapers prior to publication of a Scoping Meeting Notice, or the SD/DSDD Availability and Scoping Meeting Notices may be combined. Notices for publication in the EQB Monitor will be prepared by the Environmental Stewardship Section in cooperation with the district and submitted to the EQB for publication.
Scoping Meeting Notice
A formal EIS Scoping Meeting with agencies and the general public invited to attend is required by Minnesota rules. The Scoping Meeting must be held within 30 days after the Scoping Document is made available. The Scoping Meeting Notice must be published in local newspapers and the EQB Monitor. Informal scoping meetings may be small with individual agencies or groups of potentially affected agencies. The intent is to share information about the proposed project at an early stage and to receive input early form agencies and the general public. The main idea is to avoid surprises to the various involved parties and to establish a cooperative problem solving approach. The District is responsible for such meetings with Central Office available for support.
Keep a written record of the Scoping Meeting for project documentation, and provide a copy to OES.
Step 20: Scoping Decision Notice and EIS Preparation Notice
A Scoping Decision Notice is published in the EQB Monitor after the Scoping Decision Document is available. The EIS Preparation Notice in the EQB Monitor may be combined with the Scoping Decision Notice, or the EIS Preparation Notice may be published at a later date. A summary of the Scoping Decision Document is prepared by OES and provided to the District for publication as a press release in local newspapers.
A Scoping Review Meeting may be conducted to provide information to the public after issuing the Scoping Decision Document. Notice of this meeting is published in the EQB Monitor. If the Scoping Decision is amended, notice of an Amended Scoping Decision must be published in the EQB Monitor.
Step 25: Solicit Federal and State Cooperating Agencies
FHWA solicits the cooperation of federal agencies, while MnDOT solicits the cooperation of state agencies.
The lead agency/cooperating agency concept was introduced by CEQ to aid in early coordination and faster and better processing. A lead agency is responsible for supervising the preparation of the environmental documentation. Cooperating agencies are those agencies specifically requested by the lead agency to assist during the environmental process. CEQ's regulations require that those Federal agencies with jurisdiction by law be requested to be cooperating agencies for EAs and EISs. Examples include the USACE where Section 404 permits are involved, the USCG where a Section 9 permit is involved, and other Federal agencies where a land transfer from that agency is needed. When Indian reservation land is involved, the appropriate Indian tribe(s) is included. Also included as potential cooperating agencies are any Federal agencies with special expertise.
Request input from cooperating agencies as early as possible. This allows them to have real input in the process early on, rather than later where they are merely reacting to our proposals.
A cooperating agency does not necessarily need to perform any analysis or provide any substantive narrative for the document, but the expectations and responsibilities of a cooperating agency should be clearly understood. When a cooperating agency has jurisdiction by law, that agency's role should be acknowledged in the environmental documentation. A cooperating agency, while not necessarily agreeing with every word in the document, should be in a position (at the end of the process) to state that the final document fulfills that agency’s responsibilities under NEPA.
Step 33: DEIS distribution
The district is responsible for DEIS distribution. (See DEIS Distribution). The timing of DEIS distribution is important. The DEIS should be received by agencies and other parties on or before the date of the EQB Monitor availability notice. A written record of who received the document must be placed in the project file.
Step 35: DEIS Availability Notice & Public Hearing Notice
Advance planning is necessary to ensure state and federal noticing and hearing requirements are all met.
Federal
The DEIS, under the federal process, must be available 15 days (or more) in advance of the Public Hearing. The availability of the DEIS must be included in the Public Hearing Notice and mentioned at the public hearing.
The federal notice of DEIS availability is published in the Federal Register. The DEIS availability notice in the Federal Register sets a comment period of 45 days (or more) and identifies where comments are to be sent. The notices of availability are published in the Federal Register on Friday of each week for environmental impact statements filed with the USEPA during the preceding week. There is a 10 day lead time required by the FHWA/EPA. The District should remind the FHWA (Division Office) of upcoming need to publish in the Federal Register. (The DEIS availability and Public Hearing notices can be separated in time if this is desired.)
State
The State EIS process uses the same comment period as for the Federal process except the time clock begins with the DEIS availability being published in the EQB Monitor. Since the EQB Monitor is published on a different day (Monday) than the Federal Register (Friday), notice should be published just before or just after the Federal Register date. OES should be notified by the District at least two weeks prior to the date that publication in the EQB Monitor is planned.
Press release
A press release must be provided to at least one newspaper of general circulation in the project area within five working days of DEIS distribution. The release must include the name, location and a brief description of the project; location(s) where the DEIS can be reviewed; the comment period deadline (call the EQB if unknown); and to whom comments should be submitted.