Kammy Horne, AICP URS Corporation Multimodal Transportation Manager Phoenix, Arizona

Transcription

1 Categorical Exclusions for Federally Funded Transit Projects: Due Diligence in Compliance with Environmental Regulations Kammy Horne, AICP URS Corporation Multimodal Transportation Manager Phoenix, Arizona

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3 Background Development of FTA Categorical Exclusions Notice of Proposed Rulemaking/APTA Responses Published Categorical Exclusions FTA Webinars APTA paper and presentation 3

4 FTA Categorical Exclusions Eleven new CEs published in February CFR reserved for FTA actions c list categorically excluded routine actions d list actions that may be categorically excluded with additional documentation 4

5 CE Categories 1. Utility and Similar Appurtenance Action 2. Pedestrian or Bicycle Action 3. Environmental Mitigation or Stewardship Activity 4. Planning and Administrative Activity 5. Action Promoting Safety, Security, Accessibility 6. Acquisition, Transfer of Real Property Interest 5

6 CE Categories (Continued) 7. Acquisition, Maintenance of Vehicles/Equipment 8. Maintenance, Rehabilitation, Reconstruction of Facilities 9. Assembly or Construction of Facilities 10.Joint Development of Facilities 11.Emergency Recovery Actions 6

7 This Presentation NOT intended to suggest additional process or paperwork to NEPA INTENT is to offer suggestions to better inform project planning and environmental decision-making TO ULTIMATELY lead to the most effective decisions and efficient processes. 7

8 Myth Actions listed as CEs under 23 CFR (c) are excluded from environmental compliance These actions may require less paperwork to receive environmental clearance but they are NOT excluded from compliance with environmental regulations 8

9 NEPA Umbrella Air quality conformity Environmental justice Floodplains Historic preservation Noise Vibration Public involvement Section 4(f) determinations Threatened and endangered species Wetlands 9

10 Classes of Action/Environmental Document Types* Categorical Exclusion: Category of actions that the agency has determined does not individually or cumulatively have a significant effect on the quality of the human environment Environmental Assessment: Aids in determining significance of environmental effects Environmental Impact Statement: Major federal action proposed that would significantly affect the quality of the human environment *CEQ NEPA Regulations, 40 CFR

11 Does the Proposed Action Meet the Conditions of a CE Under (c)? Yes No Is there a possibility for unusual circumstances to exist? As necessary, conduct enough analysis to determine the need for additional technical studies, evaluation of other alternatives, future permits, mitigation, public or stakeholder outreach, or other actions No Yes Yes Proceed with CE application Coordinate with FTA Regional Office and provide enough information to indicate that issues have been considered and compliance with environmental laws will be met. OR consider alternate class of action (EA or EIS) Does the proposed action meet the criteria for a CE under (d)? No Consider alternate class of action (EA or EIS) 11

12 Understanding Unusual Circumstances as defined under 23 CFR (b) Significant environmental impacts Substantial controversy on environmental grounds Significant impact on properties protected by Section 4(f) of the DOT Act or Section 106 of the National Historic Preservation Act Inconsistencies with any federal, state, or local law, requirement, or administration determination relating to the environ mental aspects of the action 12

13 Consequences of Moving Too Quickly in Determining Class of Action Requirement to conduct additional studies to satisfy federal questions about unusual circumstances Delay caused by stopping the process to identify alternatives to satisfy specific environmental laws such as Section 4(f) of the Department of Transportation Act Delays due to concerns that are raised once the project is made public 13

14 Consequences of Moving Too Quickly in Determining Class of Action Ultimately not considering potential environ mental issues, even for something that seems to fit a CE category, could cause delays if an EA or EIS is the document that is more appropriate for the action 14

15 Consideration of Issues Early in the Planning Process Early consideration of applicable laws Technical studies to ensure no significant environmental impacts Notification of the public during planning process 15

16 Recommended Early Studies/Considerations Community and land use evaluation Cultural resources records review Historic property inventory 16

17 Recommended Early Studies/Considerations Traffic Noise / vibration Socioeconomic 17

18 Recommended Early Studies/Considerations Hazardous materials Water resources 18

19 Summary: 4 Points of Decision-Making 1. Breadth and Context of Project Action 2. Outreach 3. Other Environmental Laws and Requirements 4. Alternatives 19

20 1 Breadth and Context of Project Action Consider the project action in the context in which it is being proposed to deter mine what, if any, questions could be raised during the federal review process and what information could be provided to help expedite this review. 20

21 2 Outreach Are there reasons to apply a more rigorous outreach process to provide the public, stakeholders, or other agencies the opportunity to comment on the project actions? If so, should this outreach occur prior to CE application to FTA? 21

22 3 Other Environmental Laws and Require ments Through the initial review of the project action, if it is determined that there are several potential effects that would need to be addressed, it may be prudent to move forward with an EA. 22

23 4 Alternatives Is there a need to consider other alternatives to a proposed action and are these dictated by other laws such as Section 4(f)? 23

24 Additional Resources Regional FTA Offices Federal Transit Administration Environmental Analysis and Review: Federal Highway Administration Environmental Provisions and Related Information: Center for Environmental Excellence by AASHTO: environment.transportation.org/ 24

25 Thank You! Kammy Horne, AICP Multimodal Transportation Manager URS Corporation-Phoenix Arizona