ENS 550
Environmental Impact Analysis Spring 2007
T/Th 3:30- 4:50
PM 319 Marshall Hall
last
updated 4/12/07
Prof. John Felleman
108B Marshall Office Hrs: M 11:40-12:30 , T/Th 11-12:20
felleman@esf.edu
www.esf.edu/es/felleman
Schedule
Objectives Workload Grading
Background
Following
World War II, the U.S. went on one of the largest building booms in the
history
of the world. Interstate highways, dams, nuclear power plants, suburban
sprawl, and urban renewal were all embraced as "progress". Government
and private sector activities jointly fueled this transformation. By
the late 1960's it became clear that uncontrolled development was
causing severe environmental degradation. Widespread public outcry led
to two complementary types of legislative response. A number of topical
regulatory programs were created to address specific issues, such as
Clean Air, Super Fund (hazardous waste), and Endangered Species
protection. The other response was to view the environment holistically
and to establish an integrated, participatory process for improving
public decisions. This second approach is the basis of the National
Environmental Policy Act (NEPA), and New York's State Environmental
Quality Review Act (SEQR). The heart of both NEPA and SEQR is the
Environmental Impact Assessment process (EIA).
Course
Objectives:
Upon completion of this course shoudents should have tha capacity to:
1. Demonstrate comprehension of the
historical and legal basis for
Environmental Impact Analysis, and its roles in public decision- making;
2. Identify the key stages of, and
participants in the three alternative
tracks used in EIA under the federal NEPA, and the NY State
Environmental
Quality Review Act;
3. Understand the basic methodologies used
in forecasting and predicting
impacts from projects and associated mitigations; and
4. Critically discuss
emerging EIA issues.
Workload:
| 1.
Students are expected to attend classes, review readings BEFORE class,
bring the assigned readings to class, and actively participate in
discussions.
The
required text : Bass (2001). The NEPA Book. Point Arena, CA.
Solano Press is available at Follet's Orange Book Store in the
Marshall Sq. Mall.
This will be supplemented by class handouts and web site resources.
Following each class, this web site will be revised to identify the key
terms and concepts which may show up on an exam.
|
| 2.
There will be two course exams. |
| 3.
There will be two out of class team projects: a
comprehensive review of an existing EIS; and a SEQR EAF for a
hypothetical project. |
Grading:
25% Exam 1
25% Exam 2
30% Team EIS Review
20% Team SEQR EAF
Schedule
(updated weekly on the web):
#
|
Date
|
Topic
|
Readings;
Assignments; Terms
|
|
|
I. EIS Framework
|
Web Resources
|
1
|
T
1/16
|
Intro;
Historical Context
|
Power Point
Terms/Concepts
|
2
|
Th 1/18
|
NEPA- the Law
|
Text:
Appendix A NEPA
Web Resources
Terms/Concepts
|
3
|
T
1/ 23
|
Public
Sector Decisions:
Public lands management;
Construction Projects
|
Web Resources
Terms/Concepts
|
4
|
Th
1/25
|
Public/Private
Sector Decisions:
regulations and permits
Assignment
#1 Handout
|
Web
Resources
Terms/Concepts
|
5
|
T
1/30
|
NEPA's
Evolution |
Text
Ch. 1
Terms/Concepts
|
6
|
Th
2/1
|
Traige
I: Does
NEPA Apply?
* Assignment 1 Due
|
Text
Ch. 2; NEPA; CEQ Regs
Web Resources
Class F.R. Handout
Terms/Concepts
|
7
|
T
2/6
|
Triage
II: EA
and FONSI
|
Text
Ch. 3; NEPA; CEQ Regs
Terms/Concepts
|
8
|
Th
2/8
|
Triage
III:EIS
Preparation and Review
|
Text
Ch.4; NEPA; CEQ Regs
Web
Resources
Terms/Concepts
|
9
|
T
2/13
|
*
EXAM 1
|
|
|
|
II. EIS Content
|
|
10
|
Th
2/
15
|
Summary;
Purpose &
Need
Some EISs To Consider
For Team Project
|
Text p. 76, 87-91, 121-126
CEQ Regs. 1502.6-1502.13
Handout: Shipley p. 24-31
Web Resources
Terms/Concepts
|
11
|
T
2/20
|
Proposed
Action, Alternatives
Team
EIS Review Handout
|
Text p. 90-98, 246,
FAQ#1-5
CEQ Regs. 1502.14
Handout: Shipley p. 41-57
Web Resources
Terms/Concepts |
12
|
Th
2/
22
|
Affected
Environment
|
Text
p.56-58; 98-100; CEQ Regs.: 1502.15, 1508.3, 1508.8, 1508.14
Terms/Concepts |
13
|
T
2/
27
|
Forecasts,
Predictions, and Models
|
Text
p. 111-112
handouts: Karplus; TR-55 Runoff
Web
Resources Terms/Concepts
|
14
|
Th 3/1
|
Consequences:
Physical
Team EIS Task 1 Due |
Web
Resources
handouts: Moran in Sarewitz
Terms/Concepts
|
15
|
T
3/6
|
Consequences:
Socio/Economic
|
Handout:
Dziegielewski; Wilson; Henderson
Terms and Concepts
Web
Resources
|
16
|
Th
3/8
|
Mitigation
Team EIS Prelim. Submission
|
Text
p. 117-9; 40CFR 1502.16(h),1508.20
FAQ
#19, #39, #40
Handout: NAEP 2001 Conference
Terms and Concepts
Web Resources
|
|
|
Spring
Break
|
|
17
|
T
3/20
|
Decisions
Hand
back Prelim. Reports
Exam Q/A
|
Text p. 80-3, 120-1, 166-169;
FAQ
#6 #29, #30, #34
40CFR 1502.9(b),1503,1505, 1506.1
Web Resources
Terms and
Concepts
|
| 18
|
Th
3/22
|
* EXAM 2 |
|
|
|
III.
SEQR; Case Studies;
Issues and Challenges |
|
| 19 |
T
3/27
|
"Little
NEPAs"; NY State and Local Governments
|
Text
p. 135-9
Web Resources |
20
|
Th
3/29
|
SEQR
I: History; "Triage" |
Web
Resources |
21
|
T
4/3
|
SEQR
II: Full EAF
* Handout Team EAF
Assignment
|
Web
Resources |
22
|
Th
4/5
|
Bob Hargrove U.S. EPA
EPA's EIS Review Process
|
Text
p. 80,81
Web Resources
|
23
|
T
4/10
|
Topo
Maps, 'Sheds
*
Team EIS Review Due
|
|
24
|
Th
4/12
|
Internet/GIS Data Sources Lab
Baker 156
|
Web
Resources
|
25
|
T
4/17
|
John Feltman- NY DEC
|
Web
Resources
|
26
|
Th
4/19
|
SEQR-EAF
project
Field Working Session
|
|
27
|
T 4/24
|
Patty
Bliss NY DOT |
|
28
|
Th
4/26
|
Adaptive management
|
handouts
Web Resources
|
29
|
T
5/1
|
Wrap-up
* Team SEQR- EAF Due
|
|
TERMS/CONCEPTS
(Lec.#)-
for each, students should be able to define in a paragraph and give a
law/regulation citation, or a real/hypothetical example, or sketch a
diagram.
1. Purpose of Impact Analysis
2. Basic
types of federal laws
Basic types of federal programs
Role of government transparency in a democracy
Pub. L. xx-yyy
xx U.S.C. yyy-zzz
"action
forcing" section of NEPA
generic "Actor-Stakeholder" diagram
3D Physical
environment (4D incl. time)
3 Branches of government
Federal Executive
branch organization:
Executive Office
of the President
Cabinet
Departments/ units within Departments
Independent
Establishments and Government Corps.
federalism
(plus next
class)- business, NGOs, citizens...)
3.
who does NEPA apply to?
action-forcing
"intra-governmental" coordination
3 primary types of federal agency decisions causing
environmental impacts
basic actor-stakeholder diagram
for a federal public works project
role of management plans for federal
lands
basic actor-stakeholder diagram for a
federal land management plan
FLPMA
4.
basic actor-stakeholder
diagram for a
shared (federalism) federal-state Interstate Highway
decision
inter-governmental
basic actor-stakeholder diagram for
regulatory permit
three alternative decisions resulting
from permit application
"the environmental decade"
F.R.
5.
C.F.R.
E.O.
NEPA
time line:NEPA; Calvert Cliffs; "Overkill"; "environmental decade";
E.O.; CEQ Regs
Lead Agency
Cooperating agency
6.
Some additions to NEPA timeline: CAA,
creation of EPA, CEQ Guidelines
NEPA
"Triage" Process Diagram (lecture revision of text Fig. 1.6)
proposed action:
when to
start review
connected action
small federal handle
does NEPA apply?- 3 alternative
legal means to answer "no"-one from each branch of gov.
CATEX
Environmental
Assessment (EA)
FONSI
7.
relative
magnitude of current agency use of the three "NEPA triage process"
branches
"potential significant impact"- 2 major
components
required contents of an EA
specificity of CEQ Regs. regarding EA's
agency and
public involvement
direct impact
indirect impact
"mitigated" FONSI
CEQ: FAQs
8.
EIS
purposes
specificity of CEQ Regs. regarding EISs
Notice of Intent (NOI)
Scoping
Lead Agency
intragovernmental participation (see also Ch. 1 "Cooperating Agency")
intergovernmental participation
Draft EIS
Circulate/Receive "Substantive" Comments
Final EIS
R.O.D.
(10).
required contents of an EIS
organization and writing of EISs to meet three basic
audience/communication needs
comparison of agency problem framing pre/post NEPA
need for action
purpose(s) of action
relationship between "purpose and need"
and "alternatives"
(11) .
pre-NEPA hsitorical development of Federal
public works alternatives (Fish and Wildlife Service Coordination Act;
Transportation Act Sec. 4F)
"rationalism"
Alternatives
in NEPA
No action (null) alternative
Reasonable alternatives
Feasible alternatives
Range
of alternatives
Alternatives outside lead agency's jurisdiction
Preferred alternative
"blended"
alternative
(12)
How is the "environment" described in
NEPA? in CEQ Regs?
"human environment" : 3 basic
categories (text)
special case of socio-economic impacts
role of Scoping in framing the
"affected environment"
baseline conditions
geographic impact extent of alternatives: "footprints", "sheds"
indirect impacts:
sketch of source(s)-
pathways- receiver systems
impact time frames
class revisiosn of figs. text p.99 You will be given some data and asked
to construct this graph in Exam #2.
(13)
statistical forecast:
use in impact analysis;
prerequisites, assumption
NEPA's "logical positivism" regarding
impact
prediction
historical context
NEPA
CFR
4 Basic Approaches For
Estimating
Future Conditions
Some major model types:
3D
scale models
spatial GIS
models
math/digital
process models
Karplus ' spectrum diagram
limits to our ability to
predict:
data
availability
knowledge of how
the system functions
"openess" of
system to externalities
human
willfulness in socio-economic systems
model transparency in NEPA:
do the public and decision makers know how the predictins were done?
do they know the quality of these estimates (are they communicated as
an expected range or a single value?)
(14)
Karplus' simple diagram of a system
(Fig. 1) and his 3 basic classes of modeling problems
TR-55 as an example of
a simple, widely used prediction process model:
the complete
conceptual process model (pictorial hydrological cycle)
simplifying assumptions
availability of data
empirical relationships
some critiques: lumped
parameters; lack of calibration
Gold mine
article
environmental issues
modeling challenges
NEPA process issues
(15) When
Socio-Economic Impacts are included in the NEPA process
What Karplus says about socio-econ. models? why?
U.S. Census of Population and Housing
(web):
hierarchial geography
population
projections
Pollution Plume exposure problem: "peanut butter" assumption
El Paso
water use debate (readings)
tourism
economic impact forecasting "conepts" (web)
(16)
NEPA is a "procedural"
law, not a
"substantive" law
NEPA Triage:
EA-FONSI with Mitigation
mitigation in
an EIS
mitigation Hierarchy: (in CFR )
wetlands
banking (web)
mitigation enforceability
(17)
EPA
Office of
Federal Activities (OFA)
"substantive
comments"
Final EIS:
responses, discussion of comments on Draft
preferred alternative
"blended alternative
"adoption"
of FEIS by other cooperating agencies
Record of Decision (ROD)
contents
"environmentally preferable alternative"
mitigation, monitoring, enforcement
_____________________________________________________
Web Links 2007
Course framework
http://ceq.eh.doe.gov/nepa/nepanet.htm
Council
on Environmental Quality’s NEPA-net: A good basic
site containing several links for downloading NEPA related regulations,
procedural guidance, annual reports by the CEQ, topic-specific data
links, and other documents and links One
of the special reports available
is: “NEPA – A Study of Effectiveness After 25 Years.”
http://www.solano.com/book_links.htm
Your text publisher, Solano press maintains an associated web site.
(2)
The federal Government
is "complex". Because NEPA covers the entire federal executive, each
EIS may involve a different set of actors. A basic Organization
chart of US Gov: http://bensguide.gpo.gov/files/gov_chart.pdf
The US Government
Manual has brief descriptions of the internal management (including
senior staff) of all federal agencies: http://www.gpoaccess.gov/gmanual/
The thousands of
Federal laws are thematically codified to facilitate access. Go to U.S.
Code : http://www.law.cornell.edu/uscode/
and review "Titles" in Table of Contents
(3).
Review the map of government land
holdings and the agencies involved: Gov%20Land%20Map.jpg.jpe
Read
the origins of BLM's "organic act" (FLPMA 43 U.S.C. 1701 et seq): http://www.blm.gov/flpma/organic.htm
,
then go to the U. of New Mexico's summary of federal
law site: http://ipl.unm.edu/cwl/fedbook/statute_frame.htm
and read a summary of FLPMA.
Go to
Cornell's Legal Information Institute and review the relationship
between federal natural resources mangement activities and Titles in
the U.S.C. : http://www.law.cornell.edu/wex/index.php/Natural_resources
also look at "Land Use"
Go to CEQ's
NEPA-NET site and review one of the links to major land management
agencies other than BLM: http://ceq.eh.doe.gov/nepa/nepanet.htm
Examine
a land management plan for a national
forest
______________________________________________________________________________________
(4)
Go to
Cornell's Legal Information Institute and review the relationship
between federal regulatory activites and Titles in the U.S.C. : http://www.law.cornell.edu/wex/index.php/Environmental_law
After a regulatory law is passed, the agency must promulgate
detailed regulations to systemize the permit program process. The
following sites can provide an introduction gateway to the law-regulation- permit relationships.
EPA's web site includes law
summaries, "plain english guides", and full text
http://www.epa.gov/compliance/basics/laws.html
The Army Corps of Engineers
regulates wetlands. http://www.usace.army.mil/public.html
The Interior Dept's. Fish and
Wildlife Service is reponsible
for the Endangered Species Act http://endangered.fws.gov/
Many of the Federal EPA regulations have been assigned to
the states.
The NY DEC is organized by programs reflecting the underlying federal
and
state laws. http://www.dec.state.ny.us/website/site/programs.html
Assignment 1:
Problem
EPA Review Manual
6.
Read about the recent USFS CATEX for National Forest plans : http://www.jonesandstokes.com/Newsletters/Q1_07/Q1_07_USFS_NEPA_review.htm
(8) Cape Cod
Wind project
Read the Corps of Engineers' Scoping Document: 550%20CapeWind%20EIS%20Scoping.pdf
and the
Coperating Agencies: 550%20Cape%20Wind%20EIS%20Coop%20Agencies.pdf
Review the "politcal side" of the issue at : http://www.grist.org/news/muck/2006/01/12/capecod/
(10)
Clear
writing
has been a challenge throughout EIS history. DOE guidelines for writing
an effective "Summary" is a good model: http://tis.eh.doe.gov/nepa/tools/guidance/summguid.pdf
(11)
I-81 through downtown Sysracuse is
nearing the end of its structural life. Take a look at the planning
consultant's recently finished "Needs Analaysis"- See how defining
Purpose and Needs frames the identification of alternatives to be
subsequently analyzed:
University Hill
Transportation-Land UseNeeds Study
(13)
Computer models are used in almost every type of pollution permit,
public works project, and many EA/EIS impact predictions/forecasts.
Some agencies provide "recommended" models. Peruse the variety:
The EPA: http://www.epa.gov/epahome/models.htm
The DOT's FHWA: http://www.fhwa.dot.gov/planning/toolbox/casestudiesimpacts.htm
(14)
Briefly review the DOT Noise analysis manual. Look at how they
determine existing baseline conditions, the
timeframe the
prediction covers, and the use of computer models: http://www.dot.state.ny.us/eab/files/3-1drft3.pdf
Many models are commercially available. Check out hrydrology and
hydraulic models at:
http://www.hydrology-software.com/
And the models at SciSoft: http://www.scisoftware.com/html/categories.html
Take an overview of the complexity of modeling large ecosystems such as
the Everglades:
http://www.sfwmd.gov/site/index.php?id=21 ;
or explore the forest vegetation simulator: http://www.fs.fed.us/fmsc/fvs/description/ffe-fvs.shtml
(15)
Go to the US Census site and briefly review 2000 products: http://www.census.gov/prod/2001pubs/mso-01icdp.pdf
also read their approach to projections: http://www.census.gov/population/www/projections/aboutproj.html
Check out traffic models at: http://www.trafficware.com/
Look at the data and techniques used for analyzing tourism economic
impacts at:
http://www.msu.edu/course/prr/840/econimpact/
(16)
Prior to the New orleans hurricane disaster, the
Army Corps of Engineers had begun a comprehensive program to rebuild a
key canal. Go to the Army Corps of Engineers'
"Community-Based Mitigation Committee"s Home page:
http://www.communitymitigation.org/
1. look over the FAQs
2. under "Mitigation Plan", view the "Overview
Slideshow"
Federal Policy about
Wetland Mitigation involves a number of agencies
and continues to evolve. The cuurent policy is described at: http://www.mitigationactionplan.gov
Wetland
banking is
a growing aspect of mitigation. Check out:
http://www.coloradowetlandbank.com/
(17)
The R.O.D. plays a
critical role in both agency implementation and in potential law suits.
Download the
Yellowstone bison mgmt. Plan ROD, and read the first 15 pages:
http://planning.nps.gov/document/yellbisonrod.pdf
(19)
New York's
Department of State provides services to the state's numerous local
government units. The Local
Government Handbook is an
easy to read introduction to this complex subject. Take a quick look
at Ch. 2,5,6,7,8, and 16:
NYS DOS, Local
Government, Publications
(20)
NY DEC has made considerable efforts to educate local governments and
developers about SEQR. Got to the SEQR Homepage and review the range of
materials provided:
http://www.dec.state.ny.us/website/dcs/seqr/index.html
Print
out and bring to class the SEQR
Regulations 6 NYCRR Part 617 Sections 617.1 and 617.2; and The
SEQR "Cookbook";
(21)
At the DEC
website's "Downloadable SEQR Forms":
Print out and bring to class SEQR Appendix A: Full EAF; and Appendix C:
Short EAF:
http://www.dec.state.ny.us/website/dcs/seqr/index.html
DEC has prepared an introductory Power point explaining SEQR to local
Planning Boards: 550%20DEC-SEQR%20Intro%20for%20Planning%20Bds%20.ppt
(22) For
those interested in the topic, EPA's Sec. 309 Policy for reviewing
Impact statements: EPA NEPA Review Policy
(24) These
are the Internet data
sources discussed in lab: 550%20Internet%20Data%20Lab%20Sp'07.htm
______________________________________________________________________
(25) These
SEQR Guidance
documents should be looked over prior to John Feltman's presentation on
Tues:
NOTE
The
Materials below this line are from the 2006 course- they are here to
help those who want to look ahead . As the updated 2007 content is
added to the web page the 2006 listings wil be deleted.
WEB RESOURCES (Lec.#)
Note: This initial list is from
Spring
'06- it will be checked and updated on a continuing basis
(24)
Federal Poicy about Wetland Mitigation involves a number of agencies
and continues to evolve. The cuurent policy si described at: http://www.mitigationactionplan.gov
Wetland banking is
a growing aspect of mitigation. Check out:
http://www.coloradowetlandbank.com/
(25)
NY is one
of the most highly regulated states in the nation. many see this as
being "unfriendly to business, jobs, and landowners. The NY DEC like all state agencies has
made considerables efforts to make is regulatory processes both
streamlined and transparent.
Go to the DEC's Program page: http://www.dec.state.ny.us/website/site/programs.html
and look
at the diverse range of current programs.
Examine the web resources provided by the Division of Environmental
Permits
____________________________________________________________________________
(26)
Go to NEPA-Net : http://ceq.eh.doe.gov/nepa/nepanet.htm
Under "Executive Orders", print out E.O. # 12898; and under "CEQ-
Guidance" , briefly review the E.J. document's contents.
New York State has it's own E.J. initiative. Go to
DEC's Office of E.J. site and see what they're up to:
http://www.dec.state.ny.us/website/ej/index.html
For a couple of years DEC has been under pressure
from the Governor's office to update SEQR to include an E.J. analysis
in EA's and EISs. Take a look at what the result so far has been:
http://www.dec.state.ny.us/website/ej/workgroupreports.html
(28)
Go to the Glen
Canyon Dam AdaptiveManagement Program's web site and read "Background":
http://www.usbr.gov/uc/envprog/amp/amwg/amwg_index.html
Then go to the
USGSs Glen Canyon Dam site and take a look at the controlled research
underway:
http://walrus.wr.usgs.gov/grandcan/dam.html