Figure 1. Total Impact to the Environment
Audeen W. Fentiman
Tamara L. Leyerle
Ronald J. Veley
Federal environmental impact statements are reports that outline the predicted environmental effects of an action or project in which the federal government is involved. They also contain discussions of the effects of alternative actions, including taking no action at all. They are required even if the federal government's involvement is limited to issuing a license for the activity or facility. An environmental impact statement will be filed for any new low-level radioactive waste disposal facility licensed by the Nuclear Regulatory Commission.
Environmental impact statements are required by Section 102(2)(C) of the National Environmental Policy Act of 1969. The Act also established the Council on Environmental Quality. This three-member board advises the President on environmental matters and reviews federal programs for consistency with the country's environmental policies. In 1971 the Council established procedure and content guidelines for environmental impact statements.
This fact sheet discusses the contents of environmental impact statements and identifies organizations responsible for their preparation. Public participation in the review of an environmental impact statement is also addressed.
An environmental impact statement for a proposed project outlines in detail the proposed actions, alternative actions (including no action), and their environmental ramifications. The environmental impact statement must cover all plausible activities associated with the proposed project. The type of activities to be included is generally determined by the rule of reason. That is, if a "reasonable person" would consider an activity sufficiently significant to warrant further discussion, it should be included in the environmental impact statement.
The environmental impact statement must discuss the total impact on the environment (see Figure 1). According to guidelines from the Council on Environmental Quality, it should include:
Figure 1. Total Impact to the Environment
The National Environmental Policy Act requires an environmental impact statement when a project is federally controlled and is environmentally significant. An activity is federally controlled when it requires federal licensing or federal funding, or when it is undertaken by the federal government.
The preparation of an environmental impact statement is the responsibility of the federal agency controlling the project. Agencies with sufficient staff and technical expertise may prepare their own environmental impact statements. This is the typical practice when the agency directly designs and implements the project itself.
Federal agencies with licensing power (such as the Nuclear Regulatory Commission) require the private sector applicant to prepare an environmental report, which is usually submitted with the license application. Preparing the draft and final environmental impact statements then becomes the responsibility of the federal agency providing the license. The environmental report for the Midwest Compact's low-level radioactive waste disposal facility will probably be prepared by the company selected by Ohio to build and operate the facility.
According to the National Environmental Policy Act, environmental impact statements are to be made available to the public, federal, state, and local authorities, the President, and the Council on Environmental Quality. Guidelines from the Council on Environmental Quality suggest that agencies responsible for environmental impact statements hold public meetings when proposed projects foster strong debate or interest.
Agencies must also provide the public with information on how to participate in the environmental impact statement review process. Interested parties may contact the responsible agency to be placed on their environmental impact statement mailing list. The agency must allow adequate time for comments before a final environmental impact statement is published. The final environmental impact statement will include these comments and the agency's responses to them.
The contractor selected by Ohio to build and operate the low-level radioactive waste disposal facility will be required to send an environmental report along with its license application to the Nuclear Regulatory Commission. The Nuclear Regulatory Commission will then produce a draft environmental statement, derived from the contractor's environmental report and license application and the Nuclear Regulatory Commission's own investigation. Throughout the process, both oral and written comments will be encouraged and accepted. Public meetings are likely. The Nuclear Regulatory Commission will include all comments and responses in the final product, which will then be referred to as the environmental impact statement.
It is possible that the formal process for documenting the environmental impact of a low-level radioactive waste disposal site in Ohio could be slightly different from the one outlined in this fact sheet. This would occur if Ohio becomes an agreement state. Ohio has requested agreement state status from the Nuclear Regulatory Commission, but as of July 1993, it has not obtained that status. To become an agreement state, Ohio must develop and enforce its own regulations for low-level waste disposal. Those regulations must be similar to the federal regulations and approved by the Nuclear Regulatory Commission. If Ohio becomes an agreement state, a federal environmental impact statement will not be required although state law may require a similar document. In addition, the Nuclear Regulatory Commission is likely to request an environmental assessment which contains much of the same information. Public participation in the development of the environmental assessment is usually encouraged.
If you would like to read more about environmental impact statements, some of the references listed below may be helpful.
Neil Orloff, The Environmental Impact Statement Process, Information Resources Press, Washington, DC, 1978.
Neil Orloff and George Brooks, "The National Environmental Policy Act & Materials", The Bureau of National Affairs, Inc., Washington, DC, 1980.
Public Law 91-190, "National Environmental Policy Act", 1969.
Roger W. Findley and Daniel A. Farber, Cases and Material on Environmental Law, third edition, West Publishing Co., St. Paul, 1991.
Dr. Audeen W. Fentiman is an Assistant Professor in Nuclear Engineering at The Ohio State University. Tamara L. Leyerle is a Graduate Research Associate, Ohio State University College of Law. Ronald J. Veley is a Graduate Research Associate, Ohio State University Extension.
All educational programs conducted by Ohio State University Extension are available to clientele on a nondiscriminatory basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, disability or Vietnam-era veteran status.
Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Keith L. Smith, Director, Ohio State University Extension.
TDD # 1 (800) 589-8292 (Ohio only) or (614) 292-1868