Trans 400.08 NoteNote: The federal highway administration regulations at 23 CFR 771.115 (a) and federal aviation administration order 5050.4B, chapter 9, paragraph 903, identify types of federally funded actions which normally require the preparation of an environmental impact statement.
Trans 400.08(1)(b)(b) EA — Environmental Assessment. EA procedures apply to actions for which the significance of the environmental impacts is not clearly established and require the preparation of an environmental assessment to make that determination.
Trans 400.08(1)(b)1.1. ‘Highways and transit.’ In addition to actions the department determines to meet the criteria for an EA action under this chapter, the department may apply EA procedures to the highway and transit actions generally identified in 23 CFR 771.115 (c).
Trans 400.08(1)(b)2.2. ‘Airports.’ In addition to actions the department determines to meet the criteria for an EA action under this chapter, the department may apply EA procedures to actions generally identified in federal aviation administration order 5050.4B.
Trans 400.08(1)(b)3.3. ‘Administrative facilities.’ Examples of department actions regarding administrative facilities to which EA procedures normally apply are: construction of a new or replacement administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, at a new location.
Trans 400.08(1)(b)4.4. ‘Financial assistance.’ This provision applies to issuance as well as acceptance of the following grants by the department:
Trans 400.08(1)(b)4.a.a. Financial grant for railroad construction action that may require an EIS.
Trans 400.08(1)(b)4.b.b. Financial grant for construction of new port facilities.
Trans 400.08(1)(b)4.c.c. Financial grant for construction of a new disposal facility for harbor dredge material.
Trans 400.08(1)(b)4.d.d. Financial grant for dredging of material for the purpose of expanding an existing harbor.
Trans 400.08(1)(b)4.e.e. Financial grant for disposal of contaminated harbor dredge material into a new disposal facility.
Trans 400.08(1)(b)5.5. ‘Policy, contract, standard and specification changes.’ Examples of department actions regarding policy, contract, standard, and specification changes to which EA procedures normally apply are:
Trans 400.08(1)(b)5.a.a. Change in policy for nonhighway use of highway right-of-way or non-railroad use of railroad right-of-way by utility companies, or for access to public roads or private residential or commercial driveways or farm crossings.
Trans 400.08(1)(b)5.b.b. Change in policy for transport of hazardous cargo, such as explosives, hazardous wastes, toxins, radioactive material, or any other similar cargo.
Trans 400.08(1)(b)5.c.c. Change in policy for the maintenance program relating to the use of deicing materials, or to the use of pesticides, herbicides or insecticides within the right-of-way, or to the use of cutback asphalt or creosoted ties, or other similar materials.
Trans 400.08(1)(b)5.d.d. Change in policy for acquisition of scenic easements.
Trans 400.08(1)(b)6.6. ‘System planning.’ Publication or adoption of a system plan. Preparation of a SEE or EA for a system plan is discretionary.
Trans 400.08(1)(c)(c) CE — Categorical Exclusions. CE actions are categorically excluded from the requirement to prepare environmental documentation because, based on past experience with similar actions, they do not involve significant environmental impacts. They are actions which 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, and do not otherwise, either individually or cumulatively, have any significant environmental impacts.
Trans 400.08(1)(c)1.1. ‘Highways, transit, and rail.’ In addition to actions the department determines to meet the criteria for a CE action under this chapter, the department may classify as CE actions those highway, transit, and rail actions identified in 23 CFR 771.116 (c), 23 CFR 771.117 (c), and 23 CFR 771.118 (c).
Trans 400.08(1)(c)2.2. ‘Airports.’ In addition to actions the department determines to meet the criteria for a CE action under this chapter, the department may classify as CE actions those airport actions identified in federal aviation administration order 5050.4B.
Trans 400.08(1)(c)3.3. ‘Administrative facilities.’ Examples of department actions regarding administrative facilities that are classified as CE actions are: minor construction or expansion of an airport facility, such as a runway, taxiway, apron, service or entrance road, or passenger handling or parking facility.
Trans 400.08(1)(c)4.4. ‘Financial assistance.’ This provision applies to issuance as well as acceptance of grants by the department.
Trans 400.08(1)(c)4.a.a. Financial grant for repair or modification of existing facilities in locations below ordinary high water mark that are within an area designated by a bulkhead line, a lake bed grant, or a submerged lands lease.
Trans 400.08(1)(c)4.b.b. Financial grant for maintenance dredging of navigable waterway.
Trans 400.08(1)(c)4.c.c. Financial grant for disposal of contaminated dredge material at existing approved disposal facilities.
Trans 400.08(1)(d)(d) ER — Environmental Report. ER actions require documentation with an environmental report. The environmental report shall demonstrate that the action meets the criteria for a categorical exclusion by demonstrating that specific conditions or criteria for the action have been addressed and that significant environmental effects will not result.
Trans 400.08(1)(d)1.1. ‘Highways, transit, and rail.’ In addition to actions the department determines to meet the criteria for an ER action under this chapter, the department may apply ER procedures to the highway, transit, and rail actions identified in 23 CFR 771.116 (d), 23 CFR 771.117 (d) and 23 CFR 771.118 (d).
Trans 400.08(1)(d)2.2. ‘Airports.’ In addition to actions the department determines to meet the criteria for an ER action under this chapter, the department may apply ER procedures to actions identified in the federal aviation administration order 5050.4B.
Trans 400.08(1)(d)3.3. ‘Administrative facilities.’ Examples of department actions regarding administrative facilities to which ER procedures normally apply are: extensive remodeling, expansion or modification of an administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, which either substantially increases the capacity of the facility or substantially changes its use.