Guidance on New CEs Emergency Repair Projects Operational Right-of-Way Limited Federal Funds EUM – March questions to:

MAP-21  Congress mandated that certain actions be categorically excluded from requirements related to EA’s and EIS’s Section 1315 (Emergency repairs) Section 1316 (Operational right-of-way) Section 1317 (Limited Federal funds) EUM – March

FHWA Rulemaking  Amended 23 CFR (c) to add new CEs (c)(9) Emergency Repair Projects (2/19/13) (c)(22) Operational Right-of-Way (2/12/14) (c)(23) Limited Federal Funds (2/12/14)  Rulemaking did not change procedural requirements for approval of projects Environmental requirements under Federal and State statutes and regulations still apply o e.g. Endangered Species Act, Public Involvement, EJ EUM – March

Level of Impacts 4 EUM – March 2014

Documentation The new CEs are considered to meet the c-list (undocumented CE) criteria, however…  FHWA required documentation to ensure a higher level of NEPA document is not warranted No significant impacts will occur No unusual circumstances exist  An Environmental Verification Form was developed in accordance with rulemaking Only for projects that meet new CE criteria Shows due diligence performed EUM – March

No Anticipated Impact  Actions related to Emergency Repairs (c)(9), Operational Right-of-Way (c)(22), and Limited Federal Funds (c)(23), are not anticipated to have impacts to: Air Quality & Noise (conduct proper studies, as appropriate) Hazardous Materials (limited to petroleum related underground storage tanks/releases) Farmland Drinking Water  No documentation required EUM – March

No Significant Impact Specific environmental resource areas require documentation to illustrate allowable thresholds are not exceeded  Waterway Permits Nationwide or Regional General Permits May include PCNs  Endangered Species No Effect or May Effect, But Not Likely to Adversely Effect  100-year Floodplain No substantial impacts EUM – March

No Significant Impact  Section 4(f)/6(f) No permanent incorporation of land or conversion o No 4(f), No Use, or Exceptions (e.g. Temporary No Use), and Maintenance or Temporary Non-Conforming Use  Cultural Resources Minimal Potential to Cause Effect or No Historic Properties Affected EUM – March

EJ and PI  For Operational Right-of-Way (c)(22) and Limited Federal Funds (c)(23), the following applies Follow OES EJ Guidance o If an EJ Analysis Report is needed or if impacts rise to disproportionate and adverse, cannot apply new CEs PI is commensurate to project’s type and scope 9 EUM – March 2014

Guidance 10 EUM – March 2014

FHWA  Based on FHWA Ohio Division correspondence of 2/18/2014, the new CE’s can be applied to projects in accordance with 23 CFR (c)  OES Guidance and Environmental Verification Form was accepted 11 EUM – March 2014

Exempt per CE PA  If a project qualifies as an Exempt Action Type under the existing CE PA, it can be processed as such with no additional documentation Complete Online CE Exempt Form Tab 12 EUM – March 2014

Exempt Exceeded  When a project exceeds the limits of an Exempt Action Type under the existing CE PA, it may meet the criteria of one of the new CE’s Environmental Verification Form required Include documentation in Project File  Potential impacts to environmental resources will follow coordination requirements per ODOT’s typical environmental process  If thresholds exceeded altogether, a higher level of NEPA document would be required 13 EUM – March 2014

(c)(9) Emergency Repair Projects 14 EUM – March 2014

Definition  Transportation facilities damaged by an incident resulting in an emergency declared by the Governor of the State or a disaster or emergency declared by the President  Damage must be caused by a natural disaster or a catastrophic failure from an external cause  The repair occurs within existing right-of-way and in a manner that substantially conforms to pre-existing design, function, and location 15 EUM – March 2014

Process  Perform Damage Survey Assessment The assessment will help determine if a higher level of NEPA document is warranted based on the context and intensity of impacts Prepare Damage Survey Report (DSR) o Upload to the Project File  Upload Environmental Verification Form Document Level Tab is left blank o Exempt Form Tab not generated EUM – March

(c)(22) Operational ROW 17 EUM – March 2014

Definition  ROW disturbed for an existing transportation facility OR Is maintained for a transportation purpose See guidance for specific definitions/examples  Portions of ROW that have not been disturbed or that are not maintained for a transportation purpose do not qualify as existing operational ROW 18 EUM – March 2014

Temporary ROW  Temporary easements and takings needed for construction purposes are covered even if that work is located outside existing operational ROW  Areas acquired as temporary easements or ROW for past projects are not considered part of the existing transportation facility o Easements end once the original project is complete 19 EUM – March 2014

Process  Upload all pertinent documentation to the Project File  Upload Environmental Verification Form Document Level Tab is left blank o Exempt Form Tab not generated EUM – March

(c)(23) Limited Federal Funds 21 EUM – March 2014

Definition  A project must receive federal transportation funds in order to qualify under this CE May include funds from a variety of Federal sources, but only applies to FHWA actions  Projects receiving limited funds are those that: Receive less than $5,000,000 OR Have a total estimated cost of not more than $30,000,000 and Federal funds comprise less than 15% of the total estimated project cost o Includes all phases 22 EUM – March 2014

Re-Evaluation  When federal funds for the project increase beyond established thresholds  An FHWA action needed when changes occur  FHWA approvals or grants needed during construction  If federal funds are in excess of the established threshold, the project will not qualify under (c)(23) 23 EUM – March 2014

Process  Upload all pertinent documentation to the Project File  Upload Environmental Verification Form Document Level Tab is left blank o Exempt Form Tab not generated EUM – March

Future Updates 25 EUM – March 2014

More to Come…  Another Final Rule to follow soon… Four new c-list CE’s Three d-list moving to c-list  Develop new CE PA  BIG changes to Online CE Feature sets illustrating changes are in-process 26 EUM – March 2014