Scoping for EISs, Including Notice of Intent
What is in a Notice of Intent (NOI) and where is it in the EIS scoping process?
FTA’s publication of a notice of intent in the Federal Register formally starts the scoping process for EISs. The co-lead agency (i.e., the project sponsor or grant applicant) prepares a draft Notice of Intent (NOI)—here is a good example—and FTA usually revises that draft before publishing it in the Federal Register. In accordance with 40 CFR Part 1508.22 and other established environmental review procedures, the notice should briefly state the following:
- Proposed purpose and need for the proposed action;
- Description of the proposed action and possible alternatives that meet the purpose and need;
- Listing of potentially significant environmental impacts and those deemed not significant;
- Description of the agency’s proposed scoping process including whether, when, and where any scoping meeting(s) will be held;
- Name and address of a person within the Federal agency and lead local agency (i.e., project sponsor or grant applicant) who can answer questions about the proposed action and the environmental impact statement.
What is involved in scoping for EISs?
Scoping is the process by which a lead Federal agency solicits input from the public and other agencies regarding the breadth and depth of the issues to be addressed in the EIS (40 CFR Part 1501.7). Scoping is conducted early in the EIS process after a Notice of Intent (NOI) has been published by the lead Federal agency in the Federal Register.
Please see the CEQ guidance on scoping at http://ceq.hss.doe.gov/nepa/regs/scope/scoping.htm. FTA may use early scoping in conjunction with the MPO planning process as a way to start the NEPA process during these earlier planning phases. This early scoping can occur as long as there is appropriate public notice and enough information available on the proposed action so that the public and relevant agencies can participate effectively.
What is interagency scoping?
Scoping is the process of establishing through discussions with other agencies and the general public, the alternatives to be evaluated in detail, the significant impacts, the nonsignificant impacts, and the assessment methodologies to be used in developing the EIS. Scoping can be handled through meetings, mailings, use of a project website, and other means of communication. Interagency scoping meetings may be organized by inviting the participation of any affected federal, state, and local agencies, and any affected Native American tribes. Invitation to an interagency scoping meeting or to status as a participating agency or cooperating agency is normally accompanied by a scoping information packet that summarizes the purpose and need, graphically describes the alternatives proposed for detailed consideration, and suggests impacts to be evaluated and not to be evaluated. The scoping information packet is normally posted on the project website. Resource agencies should share any available information that will help analysts evaluate impacts of the alternatives.Interagency scoping is used to determine the scope and significant issues to be analyzed in depth in the EIS and to eliminate from detailed study the issues that are not significant or relevant to the project. The meetings and any substantive contacts with government agencies are documented and become part of the environmental record for the project.
What is public scoping?
Public scoping is the process that involves inviting the general public in the project area to participate early in the EIS process. If a public scoping meeting is held, the lead agencies usually announce it in the local newspapers and on the project website. Invitations to public scoping meetings should be announced through a variety of media sources (newspaper, website, radio, etc.) to reach property owners, organizations, and individuals who could be affected by the project and/or have previously expressed an interest in the project or requested notification. The number and location of meetings will depend on the geographical study area and the expected attendance at each meeting. As with the interagency scoping meetings, the purpose of the public scoping meeting(s) is to determine the scope and significant issues to be analyzed in depth in the EIS and to eliminate from detailed study the issues that are not significant or relevant to the project. The scoping information packet used in interagency scoping may also be used at public scoping meetings, along with large graphical displays of alternatives. The scoping information packet normally includes:
- Draft description of purpose and need;
- Description of the proposed action and alternatives proposed for evaluation, including maps and diagrams;
- References to any prior planning studies and any early scoping, that supports the proposed purpose and need and the initial set of alternatives;
- Brief discussion of the preliminary environmental impacts expected to be evaluated and why, and those for which evaluation is not expected to be needed and why;
- Draft Coordination Plan; and
- An explanation of the purpose of scoping and information on where to send comments.
All the above information may not be necessary for all projects, and the amount of information can vary depending on the complexity of the project. Sometimes a well-organized handout will be sufficient.