Agenda - Environmental Policy Board - 01/18/2017

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Item-by-item guidance Chapter 19. Cumulative Potential Effects (CPE) The EAW form requires an analysis of impacts that are not only those of the project under review but also other projects that could contribute similar effects,resulting in a"cumulative potential effect,"which will be referred to as"CPE"throughout the remainder of this section.The definition of CPE is found at Minn. Rules 4410.0200, Subp. I la,and reads,in part,"Cumulative potential effects"means the effect on the environment that results from the incremental effects of a project in addition to other projects in the environmentally relevant area that might reasonably be expected to affect the same environmental resources,including future projects actually planned or for which a basis of expectation has been laid,regardless of what person undertakes the other projects or what jurisdictions have authority over the projects." If the RGU is considering effects on the project or adaptive planning due to climate change,this information can be described either as part of the Cumulative Potential Effects analysis in response to this item or as part of the previous items.The following guidance should be followed by the project proposer,RGU, and any of their agents involved in completing an EAW form; however, the RGU must control decisions about what gets left out or included. As noted on the EAW Form, CPE can be addressed under each of the previous items or CPE can be addressed in response to EAW Item 19. It is not necessary to address CPE in both locations on the form.However,the same information and level of assessment is needed regardless of where an RGU chooses to place the information in the EAW. If the RGU believes that the item-by-item responses have adequately presented this information,this item may be answered by stating that all necessary cumulative potential effects analysis information has been presented item-by-item(unless the RGU chooses to summarize information under Item 19). a. Describe Geographic Scales and Timelines For each environmental effect of the proposed project that may involve CPE,it must be determined if there are any other projects that need to be taken into account.These other projects would be those that may affect the same environmental resources covered by the EAW item as the project under review. One way to think about this is to ask if the "environmental footprints"of the projects overlap. (The definition of CPE refers to other projects in the"environmentally-relevant area." The EQB staff believes that this area must be determined case-by-case,impact-by-impact;thus,generally it may be preferable to simply think in terms of overlapping footprints) The definition of CPE specifically states that it makes no difference whether the proposer of the project under review has anything to do with other projects considered by CPE nor whether the RGU has any jurisdiction over other projects. The issue is strictly a technical one, a question of whether similar environmental impacts from multiple projects overlap.The RGU may also consider how small an impact must become before it no longer needs to be analyzed. b. Past and Future Projects The definition of CPE gives additional guidance for past and future projects. It states that past projects whose footprints overlap can be treated in terms of their aggregate effects,which in most cases will be the"existing conditions"with respect to the type of impact in question. Typically,there is no need to itemize past projects and their individual contributions; instead the contributions to an environmental impact should be considered as a whole. For future projects,the CPE definition requires that a future project be considered if it is actually planned or if a basis of expectation for it has been laid. The definition specifies a two-part test in determining whether a project must be considered with five sources of pertinent information. 1. The first half of the test determines whether the future project is"reasonably likely to occur."The definition lists the following as sources of information that should be scrutinized relative to that question: I. whether any applications for permits have been filed with any units of government.Note: This includes units of government other than the RGU and"permit"is a defined term in Environmental Quality Board EAW Guidelines—October 2013 43