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A Risk-Based Approach to Local Assistance Environmental Assessments

Learn about the risk-based approach in local assistance environmental assessments, NEPA classes of action, regulatory background, and potential concerns. Get insights on using streamlined EA templates, consultation processes, and next steps for review and updates.

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A Risk-Based Approach to Local Assistance Environmental Assessments

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  1. A Risk-Based Approach to Local Assistance Environmental Assessments TCC Meeting, 1 November 2018

  2. CurrentStatus Caltrans Local Assistance Caltrans Environ. Analysis Caltrans Legal Federal Highways Admin. A New Potential Initiative for Local Assistance Environmental Engaged Approved

  3. NEPA Classes of Action • Class I - Environmental Impact Statements actions that significantly affect the environment • Class II – Categorical Exclusions actions excluded from the requirement to prepare an Environmental Impact Statement or an Environmental Assessment • Class III – Environmental Assessments actions for which the significance of environmental impacts is not clearly established

  4. May 2018 Survey Results [100% Response from Local Assistance Offices in all Districts] • How many active Local Assistance Environmental Assessments (EAs) do you anticipate working on in the next 12 months? 30 • How many do you anticipate being joint CEQA/NEPA documents? 19 • Would your Local Assistance projects be helped by a streamlined EA template such as that presented to the Statewide workshop? Yes = 10 Maybe = 2 No = 0

  5. EA Regulatory Background 40 CFR 1508.9, 23 CFR 771.15 • Class III - in which the significance of the environmental impact is not clearly established • A concise public document for which a Federal agency is responsible that serves to: • Briefly provide sufficient evidence and analysis for determining whether to prepare an environmental impact statement or a finding of no significant impact. • Shall include brief discussions of the need for the proposal, of alternatives as required by section 102(2)(E), of the environmental impacts of the proposed action and alternatives, and a listing of agencies and persons consulted.

  6. What is a Risk-Based Approach? • Caltrans decides on the NEPA Class of Action based on information provided at PES form stage. • Consultation document length/detail led by Project Sponsor (Local Agency) with Caltrans offering principles of ‘non-duplication’, ‘inclusion by reference’ and clear differentiation between Local Agency and Caltrans led-text. • If following consultation, it is concluded there are no significant effects then the FONSI & Final Environmental Assessment is signed. If not, move to an Environmental Impact Statement

  7. Principles of a Local Assistance EA Outline • Clarity on the relationship between the Local Agency and Caltrans • Builds directly from PES form • Leaves CEQA format/content to Local Agency • Extremely concise, avoiding duplication, reliant on technical studies included by reference • Consistent with NEPA Assignment • Alignment with federal (NEPA) objectives - CE Q question 36, implementation of procedural provisions of NEPA - TA 6640.8A (FHWA), eNEPA (FHWA)

  8. Potential Concerns? • Less developed than existing annotated outlines • Less standardization within EAs • Different approaches between Capital and Local Assistance • Resistance (leap into the unknown)

  9. Next steps? DEA review Legal review? FHWA review? Local Assistance Procedures Manual Ch.6 update

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