Environmental Information Document
(EID)

The EID process will be addressed on a case by case basis by EPA. Appendix C (43 K PDF) of the Arizona NPDES General Permit for CAFOs lists the information required for an EID. The producer will need to communicate directly with various agencies or otherwise conduct his/her own research to gather the information required.

The reason for requiring an EID for new CAFOs is so that EPA can adhere to the requirement that "new source" NPDES permittees must be subject to a National Environmental Policy Act (NEPA) review, as required by 40CFR 122.29(c). Through the EID process explained in and required by Parts II.C and II.D of the general permit (Additional Information Regarding New CAFOs and Commencement of Authorization to Discharge), EPA hopes to streamline the NEPA process for "new sources," by enabling them to obtain coverage under the statewide general permit rather than have to apply for an individual NPDES permit. The NEPA process requires that EPA address all stated environmental concerns and mitigate any significant adverse impacts, if necessary.

It is difficult to predict the process. However, a best case scenario and a more problematic scenario are presented here. The best case scenario is that EPA receives the EID and issues an Environmental Assessment (EA) and a tentative Finding of No Significant Impact (FNSI). Then the EA/FNSI is posted in a local newspaper to allow the public 30 days to comment. After 30 days, if no comments are received, EPA can issue a final FNSI and the operator obtains coverage under the NPDES general permit within 90 days of having submitted his/her NOI and EID.

A more problematic and time-consuming scenario may also occur following submittal of the EID to EPA. Due to a significant impact from the facility (e.g. an endangered species or its critical habitat is adversely effected), EPA could develop an EA/FNSI, following consultation with the applicant/operator, that states there are impacts which will be mitigated to a less than "significant" level and that the operation will be covered under the NPDES general permit. However, if public comment is strongly against this outcome, it may lead EPA to conclude that "significant" adverse impacts remain likely. (EPA could also reach this conclusion independently, without proceeding with an EA/FNSI and opportunity for public comment.)

Whether or not public concern or objections could change the FNSI to a finding of significant impact is unclear. EPA makes the final determination on whether or not there is a significant impact. However, enough public comment may change the EA. There is little clarity on what exactly constitutes a significant impact. The National Environmental Policy Act (NEPA) that requires the process does not define what significant impact means. However, EPA has general guidance concerning what kinds of impacts may or may not be considered "significant." This guidance may be obtained from EPA Region 9's Federal Activities Office at (415) 972-3850.

If significant impact is found, the impact must be mitigated to less than significant impact for approval of the project (in this case, coverage by the permit).

Once there is a finding of significant impact, an Environmental Impact Statement (EIS) is required. This will be a long process that requires very detailed information about the potential impacts to the environment. Completing this process requires development of a Draft EIS that is subject to public notice and comment and a Final EIS which addresses all public concerns and mitigates all identified "significant" impacts to a less-than-significant level.

It is possible that the NPDES general permit would not be approved for an operation because of significant impact(s). In that case, the producer would need to get an individual permit to be covered. The individual permit would need to go through a public comment process as well. If a producer foresees problems with getting the general permit, s/he can submit the EID and the draft individual permit at the same time so that s/he is only required to have one public notice period. Coverage under the general NPDES permit or issuance of an individual NPDES permit, can only occur after the NEPA process has been completed.

The EID and the Notice of Intent (NOI) to be covered by the permit are due at least 90 days prior to beginning operation of the CAFO. EPA suggests that operators allow additional time for the EID process in order to allow more time to mitigate any issues that come under public scrutiny.

Throughout this process, EPA cannot prevent a producer from building or operating on the location. However, EPA recommends that the NEPA process be undertaken prior to construction, in order that substantial retrofits or modifications to the project not be required after-the-fact. There reason for this is that there is a possibility that the NEPA environmental review process might identify significant adverse impacts which must be mitigated or addressed by fundamental changes to the proposed project in order for the CAFO to obtain general or individual NPDES permit coverage.

You can look at the NPDES Permit Writer's Manual, Chapter 4 for information on the application process. Go to Permit Issuance Process Policy and Guidance Documents and look about half-way down the page for the manual. The publications are listed alphabetically. Keep in mind, the NPDES program covers all "point source" pollution sources, including heavy industry and waste water treatment plants. Therefore, some of what is in the chapter 4 does not apply to CAFOs.

For an individual permit, producers need to complete Forms 1 and 2B. (see Permit Issuance Process Policy and Guidance Documents).

If a producer does not submit an EID and either an NOI for the general permit or an application for the individual permit prior to starting the new operation operation, s/he can do so later. However, s/he will still be required to submit an EID under the current, five-year permit.

EPA's new contact concerning all issues related to general or individual NPDES permits for Arizona CAFOs is Jenny Mann, whose number is 415-972-3512. Jack Landy and Shirin Tolle no longer work at EPA.

Page updated 7/02

Arizona
Dept. of
Agriculture