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Environmental impact statements: steps, page limits and real examples

An environmental impact statement (EIS) is the detailed statement NEPA requires for a proposed federal action with a reasonably foreseeable significant effect on the quality of the human environment[1][2]. It analyzes the action's effects and a reasonable range of alternatives, including no action[3], and ends in the agency's decision, such as a record of decision[4][5].

By Ilya Volodarsky. 21 sources, last read on . This page explains the law; it is not legal advice.

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    Describe the project and ePlan drafts the EIS outline with the purpose and need, alternatives and schedule, following a precedent EIS; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting an EIS Outline by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Starting pointePlan.aiAn EIS outline that follows a precedent EIS's structure, with your project facts filled in and gaps markedBy handA blank document or your office's last EIS
    Precedent researchePlan.aiThe research agent searches EPA's EIS database and agency project pages for up to two analog projectsBy handSearching the EIS database by title, agency and state yourself
    Missing factsePlan.aiEvery fact ePlan can't confirm stays a highlighted [INSERT] placeholder until someone fills itBy handGaps surface in review, or not at all
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    What is an environmental impact statement (EIS), and when is one required?

    If no significant effect is reasonably foreseeable, or its significance is unknown, the agency prepares an environmental assessment instead, unless a categorical exclusion applies[2].

    Recent filings show the range: EPA's September 25, 2026 notice lists EISs for a TVA solar and storage project, Air Force F-35A training basing and a FERC liquefaction project[8]. Some agencies list actions that normally need one; FHWA, FRA and FTA name these, among others[9]:

    • A new controlled-access freeway
    • A highway of four or more lanes on a new location
    • A new or extended fixed transit facility, such as light rail, not primarily within existing transportation right-of-way
    • A new major railroad line or facility outside existing transportation right-of-way

    EIS steps: notice of intent, draft and final EIS, record of decision

    With CEQ's regulations at 40 CFR parts 1500-1508 removed in 2025[10], the statute and each agency's NEPA procedures set the steps[11]. The usual sequence:

    • Notice of intent: a Federal Register notice that must request comment on alternatives, impacts and relevant information[12][6]
    • Scoping: optional under USDA; FHWA, FRA and FTA scope before the NOI[12][13]
    • Draft EIS: agency procedures decide whether it circulates; EPA recommends 45 days of comment[5][7]
    • EPA review: EPA comments on every draft EIS under Clean Air Act section 309 and posts its letters[14]
    • Final EIS: responds to comments and, under FHWA's rule, names the preferred alternative; EPA recommends 30 days' review[15][7]
    • Record of decision: states the selected alternative and mitigation; FHWA combines it with the final EIS where practicable[4][16]

    How long does an EIS take? Page limits and the two-year deadline

    The median EIS took 2.2 years from notice of intent to final EIS in 2024, and 2.5 years to the record of decision in 2021 to 2024[17].

    USDA and DOE count 8.5 by 11 inch pages of single-spaced 12-point text, including pages of maps and tables[12][5]. The lead agency may extend the deadline, in consultation with the applicant, only as long as needed, and a project sponsor may petition a court over a missed deadline[6]. FHWA stops the clock at the signed record of decision[18]; DOE at EPA's notice of availability[5].

    Supplemental EIS and programmatic EIS

    FHWA, FRA and FTA supplement an EIS when changes to the action, or new information or circumstances, would cause significant impacts it did not evaluate[19]. DOE writes a supplement analysis when it is unclear whether one is needed[5].

    A programmatic EIS analyzes the effects of a policy, program, plan or group of related actions[1]. Where judicial review of it was available, later reviews of related actions may rely on it for five years unless substantial new circumstances or information bear on it, and after that if the agency reevaluates it[20].

    Outline

    Environmental impact statement format: what an EIS contains

    NEPA lists what every EIS must address but sets no format[3]; agencies set the rest, with substantial deference from courts[21]. USDA lets its agencies use any format that covers its minimum elements[12]. This outline follows those and DOE's[5]. Filed EISs are in EPA's EIS database; NEPA examples lists recent ones by type.

    1. Cover

      Two pages at most: title, lead and cooperating agencies, location, contact and unique identification number[12].

    2. Purpose and need

      A brief statement of the underlying purpose and need[6], based on the agency's authority or an applicant's goals[12][5].

    3. Proposed action and alternatives

      A reasonable range of feasible alternatives that meet the purpose and need, plus no action[3], with reasons for any eliminated[12].

    4. Affected environment

      A succinct description of the area the alternatives could affect; it may be combined with the effects[12].

    5. Environmental effects

      Reasonably foreseeable and unavoidable adverse effects, short-term uses versus long-term productivity, irreversible commitments of resources[3], and any mitigation identified[5].

    6. Other laws, permits and consultation

      Reviews under laws such as the Endangered Species Act and National Historic Preservation Act, federal permits needed, and agencies and persons consulted[12].

    7. Comments and responses

      In the final EIS, the substantive comments on the draft and the agency's responses[15].

    8. Page-limit and deadline statements

      The responsible official's statements that the EIS meets the page limit and deadline[12][5].

    9. Appendices

      Supporting data such as tables and calculations, not additional analysis[12].

    Sources

    Where each statement comes from

    Show all 21 sources
    1. [1]42 U.S.C. 4336e - Definitions. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    2. [2]42 U.S.C. 4336 - Procedure for determination of level of review. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    3. [3]42 U.S.C. 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    4. [4]7 CFR 1b.8 - Records of decision (USDA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    5. [5]DOE National Environmental Policy Act (NEPA) Implementing Procedures. U.S. Department of Energy, July 13, 2026. Read October 2, 2026.
    6. [6]42 U.S.C. 4336a - Timely and unified Federal reviews. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    7. [7]Environmental Impact Statement Filing Guidance. U.S. Environmental Protection Agency, May 20, 2026. Read October 2, 2026.
    8. [8]Environmental Impact Statements; Notice of Availability, 91 FR 60957. Environmental Protection Agency, Federal Register, September 25, 2026. Read October 2, 2026.
    9. [9]23 CFR 771.115 - Classes of actions (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    10. [10]Removal of National Environmental Policy Act Implementing Regulations (interim final rule), 90 FR 10610. Council on Environmental Quality, Federal Register, February 25, 2025. Read October 2, 2026.
    11. [11]Agency NEPA Procedures and Contacts. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    12. [12]7 CFR 1b.7 - Environmental impact statements (USDA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    13. [13]23 CFR 771.123 - Draft environmental impact statements (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    14. [14]EPA Review Process under Section 309 of the Clean Air Act. U.S. Environmental Protection Agency, June 24, 2026. Read October 2, 2026.
    15. [15]23 CFR 771.125 - Final environmental impact statements (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    16. [16]23 CFR 771.124 - Final environmental impact statement/record of decision document (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    17. [17]Environmental Impact Statement Timelines (2010-2024). Council on Environmental Quality, January 13, 2025. Read October 3, 2026.
    18. [18]23 CFR 771.138 - Timelines, page limits, and certifications (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    19. [19]23 CFR 771.130 - Supplemental environmental impact statements (FHWA, FRA and FTA). Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    20. [20]42 U.S.C. 4336b - Programmatic environmental document. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    21. [21]Seven County Infrastructure Coalition v. Eagle County, No. 23-975 (opinion of the Court). Supreme Court of the United States, May 29, 2025. Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    FAQ

    Frequently asked questions

    • It depends on the agency. FHWA, FRA and FTA circulate one for 45 to 60 days of comment, USDA lets the responsible official decide, and DOE's procedures note that no statute requires posting a draft EIS for comment.

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