When to prepare and submit an Environmental Impact Review

1. Environmental Impact Reports must be submitted in a timely manner.

   1. The State Comptroller may not authorize release of funds from the state treasury for a project unless the request is accompanied by the written approval of the Governor after consideration of the comments of DEQ on the environmental impacts of the project.
   2. State agencies must submit an Environmental Impact Report in sufficient time to permit any modification of a project that may be needed because of environmental impacts.

2. DEQ must review an Environmental Impact Report and make a statement to the Governor within 60 days.

   1. The sixty day review period will begin upon receipt of a report that meets the requirements of Code of Virginia � 10.1-1188. DEQ will confirm receipt of completed Environmental Impact Reports or request additional information, and will inform agencies about the expected review schedule.

   2. Agencies must submit Environmental Impact Reports in time to accomplish review and design modification before the commencement of any site preparation for project construction.

      Agencies risk project delays and additional costs if an Environmental Impact Report is submitted after project design has been completed. If the Environmental Impact Report is incomplete, or if the review results in a recommendation from DEQ for project modification to avoid or reduce an environmental impact, the start of construction may be delayed until redesign has been completed.

   3. DEQ and reviewing agencies may determine that certain projects have negligible environmental impacts, and do not need detailed analysis and review. Where DEQ and reviewing agencies agree that a project would cause little impact, review may be completed in less than 60 days. If specific concerns are found, they will be analyzed and resolved with appropriate agencies. Specific concerns may also lead to negotiation or follow-up if not readily resolved.

3. Environmental Impact Reports may be submitted for review at any time during the calendar year.

   1. DEQ encourages agencies to notify DEQ of the Environmental Impact Report intent to submit the Environmental Impact Review for review at least 30 days before submission. A sample format for notifying DEQ of the intent to submit an Environmental Impact Report is shown on Form 2, located in Appendix 1 of these procedures.

   2. DEQ recommends that Environmental Impact Reports be submitted in the spring of the year preceding adoption of the Commonwealth's biennial budget.

      The Environmental Impact Report is one of several documents that is required by the Department of Planning and Budget and the Division of Engineering and Buildings prior to project implementation. Early submission provides needed time to resolve questions about the Environmental Impact Report in order to meet the Division of Engineering and Buildings' requirement for the project. The Environmental Impact Report must be submitted prior to submissions of the appropriate P-form to the Department of Planning and Budget and the CO-2 form to the Division of Engineering and Buildings. This time frame also implements Code of Virginia � 10.1-1191, which requires Environmental Impact Report submission early enough to allow for project modification necessitated by environmental impact. Early completion of the Environmental Impact Report review allows the necessary modifications to be included in the project designs at the same time the funds are appropriated.

   3. There is no penalty for submitting a project Environmental Impact Report at other times of the year; however, submission by June 30 provides adequate time to resolve issues pertaining to the Environmental Impact Report.

4. Environmental Impact Report preparation and review should be an integral part of project planning.

   1. For construction, project Environmental Impact Reports should be prepared, submitted, and reviewed during the planning or equivalent phase of project development.

   2. When land acquisition for construction is proposed and sufficient information concerning the development of the site is not immediately available, a two part Environmental Impact Report will be accepted in order to facilitate time constraints associated with acquisition. Part one should precede the acquisition of land, and part two may be deferred to a more appropriate phase of the project planning schedule.

      Where possible, a complete Environmental Impact Report for the proposed facility should be reviewed before the property is acquired. Where preliminary design cannot be accomplished prior to acquisition, a two part Environmental Impact Report should be submitted according to the criteria discussed in Section 5.

      Environmental Impact Reports for projects that include land acquisition must be submitted before the proponent agency is committed to the acquisition. We recommend that an option to purchase a property be obtained, and that the pre-acquisition phase of the Environmental Impact Report be submitted in time for review to be completed before the option expires.

      Where unforeseen and uncontrollable events require an expedited review, DEQ will attempt to expedite the review process. However, failure by an agency to submit an Environmental Impact Report in a timely manner will not be sufficient grounds to shorten the review period.

   3. The Governor may approve receipt of gifts to the State and expenditures of money on emergency projects when the General Assembly is not in session, under specified conditions which are typically enunciated in Section 4-4.01(i) of each budget bill.

      Emergency projects require completion of the environmental impact report and the review process as a pre-requisite to project implementation. In these cases the Environmental Impact Report should be submitted as soon as possible, and DEQ will review it as quickly as possible. Early contact with DEQ is recommended to ensure that DEQ's project schedule can accommodate an expedited review.

   The DEQ will review completed Environmental Impact Reports within the 60-day statutory time frame. Depending on circumstances such as those mentioned above, the review period may be shortened. However, inadequate analysis or information may cause the review period to be extended, as with other projects.