Proposed Changes To FTA FHA Categorical Exemptions

The Federal Highway Administration (FHA) and Federal Transit Administration (FTA) have published a Notice of proposed rulemaking (NPRM) which proposes to amend some Categorical Exemptions the agencies use to comply with the National Environmental Policy Act (NEPA). The NPRM provides interested parties with the opportunity to comment on proposed changes to the Federal Highway Administration (FHWA) and the Federal Transit Administration's (FTA) joint procedures that implement the National Environmental Policy Act (NEPA). Comments must be received on or before April 29, 2013.

The revisions are in response to the Moving Ahead for Progress in the 21st Century Act. The agencies propos to add new categorical exclusions for projects within an existing operational right-of-way and projects receiving limited Federal funding. Funding thresholds being proposed are projects receiving less than $5,000,000 of Federal funds; or with a total estimated cost less than $30,000,000 and Federal funds comprising less than 15% of the total estimated project cost.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.
Caltha Environmental Review Website

Changes To Environmental Review For Federal Transit Administration - Federal Highway Administration

Federal Transit Administration (FTA), Federal Highway Administration (FHWA) have published a final rule revising some of their Environmental review and Related Procedures. This final rule makes revisions to the joint FTA and FHWA regulations that implement the National Environmental Policy Act (NEPA). The final rule is effective on February 7, 2013

FTA and FHWA published a Notice of Proposed Rulemaking (NPRM) on March 15, 2012. In the NPRM, FTA proposed: (1) The creation of ten new categorical exclusions (CEs) to be located in a newly proposed section of the regulation at 23 CFR 771.118; (2) the expansion of public involvement methods to include electronic means; (3) the addition of language on early scoping into the regulations; (4) a modification to the list of project types that normally result in the preparation of an Environmental Impact Statement (EIS); and (5) the inclusion of an FTA review role in contracting for Environmental Assessment (EA) and EIS projects. The comment period closed on May 14, 2012.

Of the five major changes FTA and the FHWA included in the March 2012 NPRM, four are being carried forward in this final rule: (1) The creation of ten new CEs to be located in a newly proposed section of the regulation at 23 CFR 771.118; (2) the expansion of public involvement methods to include electronic means; (3) the addition of language on early scoping into the regulations; and (4) a modification to the list of project types that normally result in the preparation of an EIS. FTA intends that the preamble language contained in this final rule be used as guidance when applying the changes made by this final rule.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website

FTA Requirement For Energy Assessments During Environmental Review

Applications for Federal Transit Administration (FTA) assistance for the construction, reconstruction, or modification of buildings require completion of an energy assessment. The energy assessment must be documented as part of the Environmental Assessment or Environmental Impact Statement. For projects which do not require an environmental assessment or EIS, the energy assessment must be submitted with the application for FTA assistance for actual construction.

An energy assessment consists of an analysis of the total energy requirements of a building, including:

(1) Overall design of the facility or modification, and alternative designs;
(2) Materials and techniques used in construction or rehabilitation;
(3) Special or innovative conservation features that may be used;
(4) Fuel requirements for heating, cooling, and operations essential to the function of the structure, projected over the life of the facility and including projected costs of this fuel; and
(5) Kind of energy to be used, including:
(i) Consideration of opportunities for using fuels other than petroleum and natural gas, and
(ii) Consideration of using alternative, renewable energy sources.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website

FTA Categorical Exclusion - State Environmental Review

The Federal Transit Administration (FTA) has developed specific categories for environmental review in compliance with NEPA. For certain types of projects, FTA may require project proposers to complete sufficient environmental analysis such that FTA can determine that the proposed project meets the criteria for a Categorical Exclusion (CE) under 27 CFR 771.117(d). By meeting these criteria, FTA will meet Categorical Exclusion criteria under NEPA (40 CFR 1508.4), and ultimately neither the proposer nor FTA will be required to conduct an Environmental Assessment as prescribed under 27 CFR 771.119. FTA could then take actions, including providing project funding.

In States which have their own State environmental review requirements, environmental review requirements may apply, even if a project meets the requirements for an FTA Categorical Exclusion.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

Caltha Environmental Review Website