ENVIRONMENTAL ASSESSMENTS Classification & Documentation
CLASSIFICATION
What s an Environmental Assessment? Not a Categorical Exclusion (CE) Not an Environmental Impact Statement (EIS) 3
Classification - Environmental Assessment CE actions are defined in Title 23 of the Code of Federal Regulations, section 771.117. This guy just told us all about them. TxDOT 2016 4
Classification - Environmental Assessment There are SO many types of CEs to consider. Yet sometimes you still can t find one that matches your project activity. 5
Classification - Environmental Assessment When your project action doesn t clearly fall into one of the CE categories we look at EIS actions, outlined in Title 23 of the Code of Federal Regulations, section 771.115. Some examples given include: A new controlled access freeway. A highway project of four or more lanes on a new location. New construction or extension of a separate roadway for buses or high occupancy vehicles not located within an existing highway facility. New construction or extension of fixed rail transit facilities (e.g., rapid rail, light rail, commuter rail, automated guideway transit). 6
Classification - Environmental Assessment How does TxDOT handle projects when the classification is on the cusp between a CE and an EA? C22 is an option because it s not defined by the type of action but by the nature of the project area (operational right-of-way (ROW), previously disturbed or maintained for a transportation purpose). Open-Ended (d)-list CE is another option for actions that are not specifically included on the (c)- and (d)-lists. There are a number of criteria that must be met. 7
Classification - Environmental Assessment Open-Ended (d)-list CEs: Do not have substantial controversy on environmental grounds Do not induce significant impacts to planned growth or land use for the area; Do not require the relocation of significant numbers of people; Do not have a significant impact on any natural, cultural, recreational, historic or other resource; Do not involve significant air, noise, or water quality impacts; Do not have significant impacts on travel patterns; Or do not otherwise, either individually or cumulatively, have any significant environmental impacts. 8
Classification request for an Open-Ended (d)-list CE How do you know if your project could be a candidate for an open-ended d- list CE? Project sponsor may have information available from contract scoping or preliminary research that indicates that their project may be a good candidate. Project sponsor will start the process of developing an EA with the formation of the core team. After reviewing scope development tool, desktop research, database searches, preliminary field reconnaissance, etc., core team may decide it s a good candidate. 9
Classification request for an Open-Ended (d)-list CE If it looks like criteria for an open ended (d)-list CE may be met, the project sponsor can submit a classification request addressed to the Project Delivery Section Director. Must include: Description of the project, Existing and proposed facilities, All associated CSJs, Outline the reasons why the sponsor believes the project meets the criteria (usually addressed point by point), Concurrence line. Submit with any supporting documentation (background research or scope development tool, etc.) Submit the classification request to the Project Delivery Manager for processing or directly to the Project Delivery Section Director if a Project Delivery Manager is not assigned. 10
Classification request for an EIS to an EA How does TxDOT handle projects when the classification is on the cusp between an EA and an EIS? Project description may be an action that would normally require an EIS, as outlined in Title 23 of the Code of Federal Regulations, section 771.115. In some cases, the significance of impacts is not clearly established. Preliminary research or project scoping may indicate that probability of significant impacts is low. 11
Classification request for an EIS to an EA Under these circumstances, the project sponsor can submit a classification request addressed to the Environmental Affairs Division Director. Must include: Thorough description of the existing and proposed facilities, All associated CSJs, Amount of new ROW, Number of relocations (residential & commercial), Purpose and need, Planning and financial information, Preliminary assessment of potential environmental issues; cultural resource issues (including 4(f) or Section 106), public involvement, threatened and endangered species, air quality, traffic noise, hazardous materials, etc.), Concurrence line. Submit with any supporting documentation (background research or scope development tool, etc.) Submit the classification request to the Project Delivery Manager for processing. 12
DOCUMENTATION
Documentation Environmental Assessments Paperwork, Paperwork, Paperwork TxDOT 2016 14
Documentation Environmental Assessments New EA Handbook released June 2016. EA process outlined in less prescriptive manner compared to previous guidance and focuses more on EA content. Important Roles: Project sponsor - The entity responsible for preparing the EA and performing related tasks. Could be a local sponsor or a TxDOT District. Department delegate - The entity that approves the project scope, performs reviews, and ultimately approves the EA on behalf of TxDOT. For EAs, the delegate is the Environmental Affairs Division. Core Team - One District environmental specialist and one Project Delivery Manager. 15
Documentation Environmental Assessments Scoping - The project sponsor and ENV form and agree on the project work plan. Documentation: Database searches, Maps, Scope development tool, Meeting minutes from the project team kick-off meeting/conference call. The scope is developed in ECOS for TxDOT sponsored projects. For locally sponsored projects, a scope form (in the ENV toolkit) must also be filled out, signed, and uploaded into ECOS. 16
Documentation Environmental Assessments Meetings with Affected Property Owners (MAPO) - Informal meetings or calls; specifically with individuals and businesses to discuss planning details and other issues regarding the project. Documentation: Summary documenting the proceedings and any associated correspondence and back-up documentation. Summary content requirements are outlined in the public involvement handbook. Public Meeting Informal meetings with interested citizens, the general public, local governments, neighborhoods, or special interest groups. Documentation: Public Meeting Documentation Cover Page (available in the toolkit as of May 2016) and all the attachments listed on the cover page. 17
Documentation Environmental Assessments Technical Studies and Reports - The analysis phase of the process. The information in the reports support the summary and conclusions contained in the body of the EA. Documentation: Database searches, Maps, Modeling files, The reports themselves. 18
Documentation Environmental Assessments Agency Coordination - Coordination with resource agencies such as the Texas Parks and Wildlife Department (TPWD), the Texas Historical Commission (THC), the Texas Commission on Environmental Quality (TCEQ), and United States Fish and Wildlife Service (USFWS). Documentation: Information packages we send to agencies (like a biological evaluation form or a coordination request letter), Coordination documents (like a biological assessment or cultural resources survey), Correspondence we receive in response (letter or emails requesting more information or demonstrating completion of coordination). 19
Documentation Environmental Assessments Draft EA - Must include the required content as outlined in the EA handbook. The project sponsor submits the Draft EA to the delegate for review and approval for circulation. Documentation: Administrative completeness checklist. Currently a checklist available in the ENV toolkit that the core team uses to compare the document and project file against the scope. It will eventually just be a check performed by core team against the EA outline. Notification of administrative completeness to the project sponsor for locally sponsored projects. Comment and response matrix. Template available in the ENV toolkit. 20
Documentation Environmental Assessments Approval for Circulation - The stage at which the document is approved for public review. Documentation: Environmental Document Review Checklist (EDRC) completed and signed by the core team. Environmental Document Certification Form (EDCF) completed and signed by the core team. 21
Documentation Environmental Assessments Notice of Availability and Public Hearing/Opportunity for Public Hearing - The project sponsor issues a notice of availability (NOA) of the EA and associated technical reports and either schedules a public hearing or affords the opportunity for a public hearing. Documentation: Template for Public Hearing Opportunity Cover Page and the associated appendices listed on the cover page OR Template for a Public Hearing Documentation Cover Page and the associated appendices listed on the cover page. 22
Documentation Environmental Assessments Project File - The project sponsor will maintain the documentation showing work completed in the course of developing the EA. ENV will generally request this documentation prior to issuing the environmental decision for a final project file review. 23
Documentation Environmental Assessments Final EA and FONSI - The project sponsor must revise the EA to address public comments and reflect the status of any additional agency coordination. If the EA concludes that there will be no significant impacts on the environment, the project sponsor then prepares a written FONSI (template and guidance are in the ENV toolkit) for ENV approval and issuance. Documentation: Revised/Final EA, FONSI, EDRC completed and signed by the core team, EDCF completed and signed by the core team, EPICs and PS&E Checklist, Transportation planning consistency documents. 24
Documentation Environmental Assessments NOA of FONSI - The project sponsor prepares and forwards an NOA for the signed FONSI to the appropriate MPO and agencies with an interest in the project. The delegate publishes the NOA for the FONSI on the official TxDOT website. Documentation: A copy of the notice, Distribution list for the notice, Screen shot of the notice on the department website. 25
Documentation Environmental Assessments Section 139(l) - The delegate publishes a Section 139(l) notice in the federal register, setting a 150-day statute of limitations period on challenging the EA/FONSI in court. This step is optional for an EA. Only applies to federal projects. Draft 139(l) notice requires legal review by General Counsel Division. Documentation: The copy of the final notice that is published in the federal register, uploaded into ECOS. 26
Q&A Questions? 27