Conn. Agencies Regs. § 22a-1a-8 - Environmental Impact Evaluations
(a) A sponsoring
agency shall prepare an environmental impact evaluation for those actions
listed in an environmental classification document as requiring such an
evaluation or for those actions for which the full degree of actual impact
remains undetermined after the conclusion of public scoping but which may
significantly affect the environment. Environmental impact evaluations shall
provide full and fair discussions of environmental impacts, inform decision
makers and the public of all reasonable alternatives, and compare the impacts
of the alternatives on the environment.
(b) An environmental impact evaluation shall
be prepared as close as possible to the time an agency proposes an action but
only after the conclusion of public scoping through the publication of the
post-scoping notice in accordance with section
22a-1a-7
of the CEPA regulations. The evaluation shall be prepared early enough so that
it can practically serve as an important contribution to the decision-making
process and shall not be used to rationalize or justify decisions already made.
Preparation of an environmental impact evaluation shall not prevent an agency
from conducting contemporaneous engineering, economic, feasibility and other
studies which do not otherwise commit the agency to commence or engage in such
action or limit the choice of reasonable alternatives.
(c) If an agency is proposing an action which
is an interdependent part of a sequence of planned activities which may have a
significant environmental effect and which depends on the entire sequence for
its justification, or which is part of a program of similar activities, the
cumulative effect of which may have a significant environmental effect, a
single environmental impact evaluation shall be prepared for that sequence or
program. Such an environmental impact evaluation shall cover future component
actions of a program or sequence of activities provided that there is no
substantive change in the action's environmental setting, environmental impacts
or alternatives which would merit a revision to the environmental impact
evaluation. When there is a substantive change in the action's environmental
setting, environmental impacts or alternatives that is not adequately discussed
in the initial environmental impact evaluation, a new or revised environmental
impact evaluation shall be prepared by the sponsoring agency to address those
substantive changes.
(d) An
environmental impact evaluation shall be clear, concise, and to the point, and
written in plain language so that it may be understood by the general public.
Impacts shall be discussed in proportion to their significance and the
magnitude of the action.
(e)
Environmental impact evaluations shall be prepared in a manner which will
encourage clear presentation and independent evaluation of the action and its
reasonable alternatives. Summary technical data, maps and diagrams should be
presented as to be understandable to the general public. An agency may
incorporate material by reference into an environmental impact evaluation when
to do so will cut down on bulk without impeding agency and public review of the
action. Appendices and referenced documents shall be reasonably available for
review, except proprietary data or material otherwise exempt from disclosure in
accordance with chapter 14 of the Connecticut General Statutes.
(f) The environmental impact evaluation shall
include the detailed statements required by section 22a-1b(c) of the Act by
providing the following:
(1) A brief summary
which adequately and accurately summarizes the focus and conclusions of the
evaluation. The summary shall include the appropriate agency contact person and
an environmental impact evaluation distribution list.
(2) A description of the action, a statement
of its purpose and need and a justification for the action. Major assumptions
concerning growth and population used to justify the action shall be clearly
identified. The location and boundaries of the action, if applicable, shall be
indicated on a map of appropriate scale. If applicable, the square footage of a
proposed facility shall be included with a description and quantification of
infrastructure needs of the proposed facility, including, but not limited to,
parking, water supply, and wastewater treatment.
(3) A description of the environment of the
area which would be affected by the action, as it currently exists prior to
commencement of the action. This description shall include the cultural,
economic, recreational and ecological characteristics and activities, both in
the immediate location of the action and areas that would be affected by the
action.
(4) A description and
analysis of the reasonable alternatives to the action, particularly those which
might enhance environmental quality or avoid some or all of the adverse
environmental effects. This discussion shall include, but not be limited to,
alternatives such as taking no action or substituting an action of a
significantly different nature which would provide similar benefits with
different environmental impacts.
(5) A list of the necessary licenses,
permits, certifications or other approvals required to implement the
action.
(6) A discussion of the
potential environmental impact of the action. This discussion shall include, in
addition to the requirements of section 22a-1b(c) of the Act, the following to
the degree that each is applicable to the action:
(A) Direct, indirect, and cumulative
environmental effects as set forth in Section
22a-1a-3
of the CEPA regulations;
(B) The
relationship of the action and its reasonable alternatives to adopted land use
plans, policies and controls, including, but not limited to, the state plan of
conservation and development, for the affected areas;
(C) An evaluation of each alternative,
including, to the extent practicable, whether the alternative avoids,
minimizes, or mitigates environmental effects of the action;
(D) Any irreversible and irretrievable
commitments of resources which would occur should the action be implemented.
Such resources shall include those materials devoted to the action and the
natural and cultural resources that would be affected as a result of the
action.
(E) Mitigation measures to
the action including: limiting the degree or magnitude of the action;
rectifying the effects of such action by repairing, rehabilitating or restoring
the impacted environment; reducing or eliminating the impact over time by
preservation and maintenance operations; and compensating for the impact by
replacing or providing substitute resources or environments. Mitigation
measures should be developed to a level of detail commensurate with the
magnitude of the potential environmental effects;
(F) The effects of the action on the use and
conservation of energy resources;
(G) A description of the effects of the
action on archeological sites or documented sacred sites; and
(H) A discussion of the short-term and
long-term economic, social and environmental costs and benefits of the action,
including a comparison of benefits and costs for reasonable alternatives. This
comparative analysis shall explicitly state and evaluate non- quantifiable
benefits and costs and, when reasonably available, quantitative benefits and
costs.
(7) A summary of
the comments received pursuant to section
22a-1a-6
of the CEPA regulations and the sponsoring agency's response to such comments
to the extent such comments were not already addressed in the post-scoping
notice;
(8) The comments received
pursuant to section
22a-1a-6
of the CEPA regulations in an appendix to the environmental impact evaluation
or information from the sponsoring agency regarding the physical or electronic
availability of the complete set of comments; and
(9) Any other requirements of section
22a-1b(c) of the Act.
(g)
An environmental impact statement or environmental assessment prepared pursuant
to the National Environmental Policy Act for a joint federal and state action
shall satisfy the requirements of this section provided that such environmental
impact statement or environmental assessment provides the information required
by subsection (f) of this section, and is circulated for review in accordance
with section
22a-1a-9
of the CEPA regulations.
Notes
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