Submission Date:
Question:
Our library has a number of older Environmental Impact Studies (both draft and finals) which are taking up space, and we were wondering if we could discard them. Can a library make its own retention schedule for these or do libraries need to keep these for a certain amount of time so the public can access them?
If we can make our own retention schedule, do you have a recommendation as to how long they should be kept?
Answer:
Draft and final Environmental Impact Studies (or “EIS”) must be accessible during the “public comment” period of a construction or remediation project. After that, a library can discard them.
For readers who aren’t familiar with these documents: EIS are mandated reports that show the complete scope of possible “significant negative environmental impacts” certain types of projects can have. They are produced by a project’s “Lead Agency” (generally a major figure in the project), who must ensure that copies of both draft and final EIS are made available to the public for a period of “public comment.”
To comply with these disclosure requirements, the Lead Agency must both post the EIS on the internet, and provide a hard copy upon request. As an alternative to providing on-demand hard copies, environmental regulations also allow the Lead Agency to place copies of an EIS “in a public library…,” where they must be available for viewing and copying during the public comment period (which is a minimum of 30 days, but can go much, much longer[1]).
This “public comment” period is critical. When done right, it enables clarity and transparency even when a project’s approvals span multiple agencies (like zoning boards, preservation boards, and a legislative body). This allows the average citizen to provide timely comments about on things like environmental hazards, land use, historic preservation, and design. So the role of the library in ensuring public access is valuable.
As the member’s question appreciates, EIS can have value even after the “public comment” period is closed. Long after a project is complete, an EIS can reveal site conditions relevant to health and safety. For professionals like urban planners, environmentalists, architects, and attorneys, the information in an EIS can be very useful. And from the local history perspective, an EIS can show, decades later, what a village, town, or city perceived as a danger, asset, or cultural resource. Coupled with building permits and variances, that information can show who was allowed to build what in a particular village, town, or city. For this reason, I predict EIS will be important resources to the historians of the future.
To assess if a printed EIS should be retained by the library, libraries can use their normal accession evaluation process. One thing to consider in such an evaluation: the NY Department of Environmental Conservation retains copies of all EIS (in a manner that accords with the DEC’s own record-keeping policies). Personally, I do think there is value in retaining the local hard copy, but as the member states, these things can take up a lot of room!
One thing that can make the entire process around EIS easier for a library is having an “EIS Acceptance Form” that is signed by the “Lead Agency” when they drop off the copies for required disclosure. Remember, use of the library is a courtesy that allows the Lead Agency to escape making numerous on-demand copies, so they should be very gracious about signing such an agreement!
I have supplied the essential elements of such a form below, and added a few non-required but library mission-centric terms to them.[2]
The most helpful feature of this template form is the requirement that the “Lead Agency” notify the library that the public comment period is over; this way, a library can receive express confirmation of when the time to officially make the EIS available has ended, and the decision to dispose of or accession it can be made.
Thank you for this thoughtful question.
TEMPLATE EIS AVAILABILITY REQUEST FORM
The State Environmental Quality Review Act (“SEQRA”) requires that draft and final Environment Impact Studies (EISs) be posted on publicly accessible web sites by the “Lead Agency” for the project, and to provide hard copies on demand.
Regulations allow a lead agency to place copies of the EIS in a public library instead of making a large number of individual copies. By filling out this form, you, as “Lead Agency,” are requesting that the [NAME] Library place ____ printed copies of an EIS for availability to the general public, and expressly authorize the creation of as many copies as needed by the public, to fulfill your disclosure obligations under SEQRA.
Further Terms Agreed to By Lead Agency
As a condition of assisting with access during the public comment period, the ___ [insert number] physical copies provided by Lead Agency shall become the physical property of the Library, who shall have an irrevocable license to duplicate the EIS, in any medium now in existence or further developed. After being notified by the Lead Agency of the close of the comment period, the library may retain the physical copies, or dispose of them, at its sole discretion.
Lead Agency also hereby commits to remunerate the library for any request for a copy to be modified per ADA accessibility needs, including but not limited to conversion to braille, large print, or for use with an electronic reader. Such copies shall remain the property of the Library.
Lead Agency will notify the library via an e-mail to [ADDRESS] when the EIS is no longer required to be available for public comment and duplication.
The Lead Agency employee or agent signing this EIS AVAILABILITY REQUEST FORM is an authorized signatory of the Lead Agency.
LEAD AGENCY:___________________________________
CONTACT AT LEAD AGENCY: ___________________________________
TITLE OF CONTACT: ___________________________________
PHONE NUMBER: ___________________________________
EMAIL: ___________________________________
PROJECT NAME: ___________________________________
PROJECT ADDRESS(ES): ___________________________________
PUBLIC COMMENT PERIOD START DATE: ___________________________________
PUBLIC COMMENT PERIOD END DATE (if able to be determined): ___________________________________
SIGNED ON THIS __________ DAY OF ____________, 20_____.
SIGNATURE:__________________________
PRINT NAME:__________________________
TITLE:____________________________________
[NOTE: Any template form should be reviewed by a library’s attorney for conformity with charter, bylaws, and current policy]
[1] From the “SEQRA Handbook” page 162: “The minimum public review period is thirty days, calculated from filing of the Notice of Completion. If the draft EIS is lengthy, there is delay in distribution of copies, or there is substantial public interest, the lead agency should extend the review period. In practice, the time allowed for draft EIS review is often considerably longer than the minimum. The lead agency may wish to negotiate a mutually acceptable extension with the project sponsor. If a hearing is held to receive comments on the draft EIS, the SEQR regulations require that the review period must remain open for 10 days following the close of the hearing, for the receipt of additional written public comments.” It is not the job of the library to do these calculations!
[2] Just to reiterate: this template is just a starting place. Any template form should be reviewed by a library’s attorney for conformity with charter, bylaws, and current policy.
