7 CFR Part 1970

Subpart C – NEPA Environmental Assessments

Executive Summary:

An Environmental Assessment (EA) is a public document used by the Rural Utilities Services (Agency hereafter) to determine whether to issue a Finding of No Significant Impact (FONSI) or prepare an Environmental Impact Statement (EIS). If it is determined that the proposal will have a potentially significant impact on the quality of the human environment during preparation of an EA, an EIS will be prepared.

Preparation of an EA begins as soon as the Agency has determined the proper classification of the applicant’s proposal. Applicants should consult as early as possibly with the Agency to determine the environmental review requirements of their proposals. The EA must be prepared concurrently with the early planning and design phase of the proposal.

Preparation of EAs:

The EA focuses on resources that might be affected and any environmental issues of public concern. At a minimum, the EA must discuss the following:

  • The purpose and need for the proposed action
  • The affected environment, including baseline conditions that may be impacted by the proposed action and alternatives
  • The environmental impacts of the proposed action including the no action alternative and at least one alternative to the specific project elements that is likely to adversely affect a resource
  • Any applicable environmental laws or Executive Orders
  • Any required coordination undertaken with any Federal, state, or local agency or Indian Tribe
  • Mitigation measures considered
  • Documents incorporated by references
  • Listing of persons and agencies consulted

Processing of EAs:

The following describes the normal processing of an EA:

  • The Agency advises the applicant of its responsibilities, including preparation of the EA
  • The Applicant provides a detailed project description including connected actions
  • The Agency verifies the applicant’s proposal should be the subject of an EA and identifies any unique environmental requirements associated with the proposal
  • The Agency or Applicant coordinates with the Federal, state, and local agencies and interested parties during an EA preparation
  • Upon receipt of the EA from the applicant, the Agency evaluates the completeness and accuracy of the document and determines whether the environmental review is acceptable
  • The Agency will prepare or review a “Notice of Availability of the EA”. This must be published for either:
    • Three consecutive issues in a daily newspaper, or
    • Two consecutive weeks in a weekly newspaper
  • The public review and comment period will begin on the day of the first publication date and will be open for a 14 to 30 day comment period
  • After reviewing and evaluating all public comments, the Agency has three options:
    • To modify the EA
    • Prepare a FONSI
    • Prepare an EIS

Finding of No Significant Impact (FONSI)

The Agency may issue a FONSI only if the EA supports the finding that the proposed action will not have a significant impact on the human environment. This FONSI must be made available to the public. A FONSI includes:

  • A summary of the EA consisting of a brief description of the proposed action, the alternatives considered, and the proposal’s impacts
  • A notation of any other EAs or EISs that are related to the EA
  • A brief discussion of why there is no significant impact
  • Any mitigation essential to finding that the impacts would not be significant
  • The date issued
  • The signature of the appropriate Agency approval official

Helpful Resources

Environmental Assessment Process Flowchart

FERC: Preparing Environmental Documents

Subpart C – Environmental Assessments

 

7 CFR Part 1970

Subpart E – Staff Instruction and Guidance for Conducting Environmental Justice and Socioeconomic Analyses

Executive Summary:

This subpart provides guidance to staff of the Rural Utilities Service regarding the implementation and integration of environmental justice and socioeconomic considerations into all environmental reviews as part of the National Environmental Policy Act (NEPA) process. Effective environmental justice review is necessary to comply with various statues and Executive Orders. The technical guidance presented in this subpart presents key principles and definitions, best practices, and technical questions to frame the consideration of environmental justice in regulatory actions.

Environmental Justice (def): the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

 Policy:

The policy consists of three parts:

  • The Agency will consider environmental justice principles in its decision-making using its existing NEPA environmental review and Civil Rights Impact Analysis processes
  • This guidance is not intended to change the requirements concerning civil rights impact analyses for any administrative actions. The instructions are provided to implement the agency’s civil rights policies and regulations concerning environmental justice only as they pertain to NEPA
  • Agency programs that have the potential for a disproportionately high and adverse effect on human health or the environment will include explicit consideration of their effects on minority and low-income populations and the documentation will be included within the NEPA documents in the file

Environmental Justice (EJ) Review Process

  1. Agency staff will ensure an EJ review was conducted for all programs to determine whether proposed financial assistance would have a disproportionately high and adverse human health or environmental effect on minority or low-income populations.
  2. The official will complete Form RD 2006-38 to assure the major civil rights impacts of proposed actions are identified and potential for negative effects are addressed.
  3. The preparer will submit the certifying official form with attached supporting documentation

EJ Analysis Step-by-Step Flowchart

  1. Define Project
  2. Determine potential for adverse effect
  3. Identify EJ populations
  4. Refine analysis and determine adverse effect
  5. Conduct public outreach
  6. Document findings

Helpful Resources

EPA’s EJ Screen

Subpart E – Guidance for Conducting EJ Analyses