AASHTO PH02

Description / Abstract: Overview

This Handbook provides recommendations for reviewing and responding to comments on an environmental impact statement (EIS) for a transportation project in accordance with the National Environmental Policy Act (NEPA). It also provides advice on responding to comments on an environmental assessment (EA).

Comments on an EIS typically are received from Federal and state regulatory agencies, local governments, stakeholder groups, and individuals. Comments may identify potential gaps or inconsistencies in the EIS; raise concerns about the fairness of the study process; point to specific regulatory requirements that must be considered; or raise other concerns about compliance with NEPA or other laws. And, of course, many comments also present strong opinions for or against the project. For controversial projects, the most numerous comments are often those submitted by individuals or groups who oppose the project.

Giving all of the comments proper consideration requires a careful, well-organized effort by the project team. This effort typically involves drafting responses to hundreds or even thousands of individual comments. In addition, it is often necessary to make changes to the EIS itself and, in some cases, it is even necessary to prepare a supplemental EIS in order to respond adequately to the issues raised in the comments. This Handbook is intended to provide an overall framework for undertaking these important tasks.

Topics covered in this Handbook include:

▪ Preparing for the comment period

▪ Inviting comments on a Draft EIS

▪ Reviewing and categorizing comments

▪ Developing responses to comments

▪ Checking responses for accuracy and responsiveness

▪ Formats for presenting comments and responses

▪ Responding to comments on a Final EIS

▪ Responding to comments on an EA

▪ Responding to comments that raise legal issues

▪ Deciding whether to prepare a supplemental NEPA document