Categorical Exclusion Training Class

1. Categorical ExclusionTraining Class Presented by the Office of Environmental Services September 25-26, 2018 Categorical Exclusion Training Class – Presented by the Office of Environmental Services

2. What’s in it for You? • Pre-Qualification • Enhance project management awareness • Peer interaction • Share experiences • Ask questions [2] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

3. Learning Objectives • Interpret existing regulations and policies • Define and describe ODOT’s CE process • Differentiate CE classification levels • Recognize how to document decision-making • Learn how to use EnviroNet • ODOT’s Environmental Documentation System [3] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

4. Agenda • Laws, Regulations and Policies • CE Guidance • Re-Evaluations • NEPA Disciplines/EnviroNet • Purpose & Need • Alternatives • Air and Noise • ESA • Cultural Resources • Ecological • Section 4(f) and Section 6(f) • Environmental Justice • Public Involvement • Permits [4] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

5. Introductions • Name • Firm/Agency • Experience (Environmental/CE) • Class Expectations Thanks for coming! [5] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

6. Why We Do What We Do…

7. Law and Regulations • National Environmental Policy Act of 1969 • NEPA • 40 CFR 1508.4 • Council on Environmental Quality (CEQ) • 23 CFR 771.117 • FHWA [7] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

8. NEPA • Requires federal agencies to determine if proposed actions will result in significantimpacts • Identify and assess reasonable alternatives • Avoid or minimize adverse effects • Instituted an interdisciplinary approach to project planning and decision-making • Established CEQ • Required all Federal agencies to develop implementing regulations [8] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

9. CEQ • Established by Congress as part of NEPA • Executive Office of the POTUS • Additional responsibilities provided by the Environmental Quality Improvement Act of 1970 • Coordinates Federal environmental efforts • Works closely with agencies in the development of environmental policies and initiatives [9] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

10. How is Significance Defined? • Defined in CEQ regulations • A function of both context and intensity • Context= The significance of an action must be analyzed in several contexts such as society, interests, setting, etc. • Intensity= The severity of impact [10] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

11. FHWA Regulations • 23 CFR 771 - Environmental Impact • 771.115 – Classes of Action • 771.117 – FHWA Categorical Exclusions [11] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

12. FHWA Policy Environmental Impact/Related Procedures • Environmental coordinated as a single process • The NEPA Umbrella • Decisions made in the best interest of the public • Balance transportation needs with: • Social, economic, and environmental impacts • National, state and local environmental protection goals [12] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

13. FHWA Policy Public Involvement is Essential!! • Incorporate measures to mitigate adverse impacts [13] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

14. FHWA Policy Civil Rights Are Important! • Do not exclude any person, because of handicap, age, race, color, sex, or national origin from participating in, or deny benefits of, or be subject to discrimination under any Administration program or procedural activity required by or developed pursuant to this regulation (Title VI) • Environmental Justice [14] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

15. NEPA-CE Relationship • Must demonstrate specific conditions are satisfied • Significant environmental impacts will not result • Documentation supports decision-making process • Level of analysis commensurate with the potential for adverse environmental impacts [15] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

16. NEPA-CE Relationship • Actions that do not individually or cumulatively have a significant impact upon the natural/human environment • C-List (771.117[c]) • No further NEPA approval required • D-List (771.117[d]) • May be designated as a CE after approval [16] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

17. 23 CFR 771.117(a) • Actions meet 40 CFR 1508.4 • Do not require significant relocations • No significant impacts to: • Planned growth or land use • Natural environment • Cultural or recreational properties • Air, noise, and water quality • Travel patterns [17] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

18. 23 CFR 771.117(b) • Unusual circumstances require proper environmental studies to determine if classification can be met • Significant environmental impacts • Substantial environmental controversy • Significant 4(f)/6(f) impacts • Inconsistencies with Federal, State, or local environmental laws, regulations or administrative determinations [18] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

19. 23 CFR 771.117(c) • Actions meet CE criteria in accordance with: • 771.117(a) • 40 CFR 1508.4 (CEQ) • In Ohio, categorized as two levels • C1 and C2 [19] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

20. 23 CFR 771.117(d) • Actions meet CE criteria in accordance with: • 771.117(a) • 40 CFR 1508.4 (CEQ) • In Ohio, categorized as three levels • D1, D2, and D3 [20] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

21. 0 FHWA Technical AdvisoryT6640.8A • A guide to identify actions that may be a CE • Actions that meet 771.117(a) may be classified a CE • Even if not listed in 771.117(d) • Must demonstrate the proposed action will not result in significant impacts [21] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

22. ODOT’sCE Process

23. 0 NEPA Assignment • ODOT assumed FHWA NEPA responsibilities on December 28, 2015 • ODOT responsible for determining classes of action and approving CE’s, EA’s, and EIS’s • Except for projects that cross state lines • Programmatic CE Agreement null and void • ODOT NEPA Assignment CE Guidance [23] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

24. 0 CE Guidance • Illustrates ODOT’s process for completing CE’s • Assures compliance with all applicable federal environmental laws and regulations • Establishes a consistent documentation process • Legally defensible • Concise and easy to follow • Reduces paperwork and processing time • Enables appropriate decision-making [24] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

25. CE Guidance • All CE’s classified as “C” or “D” • 771.117(c) and (d) • Level based on type of action and impacts • C1, C2, D1, D2, D3 • Approval process and documentation facilitated through EnviroNet [25] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

26. Determination Authority • C1, C2, and D1 • District Environmental Coordinator (DEC) • ORDC Environmental Coordinator • D2 and D3 • ODOT-OES [26] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

27. C1Project Types

28. Definition • Project types listed in Appendix A of CE Guidance • No significant impacts • Do not exceed established thresholds • Stand-alone transportation activities • Independent utility and logical termini • Meets the intent of 771.117(a) and (c) • Minimal documentation needed for Cultural Resources, Ecological, and Regulated Material Review based on existing PA/MOA or guidance/regulations [28] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

29. C1 • Activities which do not involve or lead directly to construction, such as planning and technical studies; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and Federal-aid system revisions which establish classes of highways on the Federal-aid highway system • Study type projects • Land donations to ODOT associated with ROW permits (RMR issues require coordination) • Early ROW acquistion (23 CFR 710.504[e]) [29] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

30. C1 • Approval of utility installations along or across a transportation facility • Tower lighting and street lighting projects • Construction of bicycle and pedestrian lanes, paths, and facilities • Walkways, sidewalks, shared-use paths and facilities, and small passenger shelters provided no new disturbance will occur • Bike path on existing rail bed • Bike lanes on paved shoulders [30] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

31. C1 (4) Activities included in the State's "highway safety plan" under 23 U.S.C. 402 • Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317 when transfer supports an action not subject to review under NEPA (6) Installation of noise barriers or alterations to existing publicly owned buildings to provide noise reduction • Maintenance and/or replacement of existing noise wall panels and/or posts [31] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

32. C1 (7) Landscaping • Herbicidal spraying • Mowing or brush removal/trimming projects • Beautification or facility improvement projects [32] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

33. C1 (8) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur • Installation or maintenance of signs, raised pavement markers/sensors, traffic calming activities, and/or new or replacement fencing • General pavement marking or “line painting” [33] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

34. C1 (9) …transportation facilities damaged by an incident resulting in an emergency declared by the Governor…or a disaster or emergency declared by the President… • Emergency repairs under 23 U.S.C. 125 • Repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility…, including ancillary transportation facilities…, in operation or under construction when damaged [34] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

35. C1 (10) Acquisition of scenic easements • Conservation/mitigation easements/fee simple • Land acquisition by a public agency/public park entity for passive recreational use (11) Determination of payback under 23 U.S.C. 156 for property previously acquired with Federal-aid [35] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

36. C1 (12) Improvements to existing rest areas and truck weigh stations • Improvements for minor maintenance • Mill and resurfacing of parking areas, etc. • Projects involving major construction may require a higher level of documentation • Truck stop electrification and construction/installation of alternative energy amenities at existing facilities [36] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

37. C1 (13) Ridesharing activities • Transportation corridor fringe parking facilities, park-and-ride lots and ridesharing activities • Bus and rail car rehabilitation • Alterations to facilities or vehicles to make them accessible for elderly and handicapped persons [37] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

38. C1 (16) Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand • The purchase of vehicles where the use can be accommodated by existing facilities or by new facilities which themselves are within a CE • Purchase or conversion of vehicles to alternative fuel uses [38] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

39. C1 • Track and railbed maintenance and improvements when carried out within the existing right-of-way • Track and railbed acquisition • Purchase and installation of operating or maintenance equipment to be located within the transit facility • No significant impacts off site [39] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

40. C1 (20) Not applicable to ODOT (21) Deployment of electronics, photonics, communications, or information processing used singly or in combination, or as components of a fully integrated system, to improve the efficiency or safety of a surface transportation system or to enhance • Replacement or installation of traffic signals, flashing beacons, railroad warning devices • Upgrade of existing tower lighting [40] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

41. C1 (22) Projects, as defined in 23 U.S.C. 101, that take place entirely within existing operational ROW (23) Projects that receive less than $5,179,656.40 of Federal funds or with a total estimated cost of not more than $31,077,938.40 and with Federal funds that comprise less than 15 percent of the total estimated project cost [41] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

42. C1 • Localized geotechnical and other investigations to provide information for preliminary design and for environmental analyses and permitting purposes, such as: • Drilling test bores for soil sampling • Archaeological investigations for resource assessment or similar survey • Wetland surveys This item number only applies to stand alone projects, not for surveys being conducted as part of a project with an environmental document [42] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

43. C1 (25) Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility carried out to address water pollution or environmental degradation • Related environmental mitigation activities (wetland, stream, upland, etc.) [43] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

44. C1 (26) thru (28) Per 23 CFR 771(c)(26)-(28) and MAP-21, these items CANNOTbe processed as a C1 • See C2 list in Appendix B (29) Purchase, construction, replacement, or rehabilitation of ferry vessels that would not require a change in the function of the ferry terminals and can be accommodated by existing facilities or by new facilities which themselves are within a CE [44] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

45. C1 • Rehabilitation or reconstruction of existing ferry facilities that occupy the same geographic footprint, do not result in a change in their functional use, and do not result in a substantial increase in the existing facility’s capacity • Pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals (31) Activities that do not utilize federal monies or require federal actions [45] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

46. C1 ProjectImpact Thresholds

47. Not a C1 if… • A project involves any of the following: • Acquisition of permanent ROW for construction • National Scenic River corridor impacts • Waterway Permits • Impacts to Threatened & Endangered Species • Wetland impacts • Impacts to historic properties or historic districts • Impacts to Section 4(f)/6(f) properties • Substantial traffic disruption • Minor public or agency controversy on env. grounds [47] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

48. C1 Threshold Exception • Acquisition of permanent ROW for construction • Early right-of-way acquisition conducted in accordance with 23 CFR 710.501(e) (see Item #1) and when an environmental document is being prepared for the project for which the early acquisition is being performed [48] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

49. C1 Clarification – Cultural Resources • Impacts to historic properties or historic districts • For projects that meet Appendix A of the Section 106 PA, a map showing the results of the SHPO GIS search is required to be uploaded to the project file (select Records Check for name) • For district or county wide projects that involve numerous locations, the CE preparer must include a statement in the project description: “District environmental staff accessed the SHPO GIS database on (insert date) and in accordance with Appendix A of the Section 106 PA executed November 8, 2017, the project will not impact historic properties or historic districts.” [49] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

50. C2Project Types