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A Risk-Based Approach to Local Assistance Environmental Assessments

A Risk-Based Approach to Local Assistance Environmental Assessments. TCC Meeting, 1 November 2018. Current Status. Caltrans Local Assistance. Caltrans Environ. Analysis. Caltrans Legal. Federal Highways Admin. A New Potential Initiative for Local Assistance Environmental. Engaged.

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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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