Projects that involve Federal actions, including projects that receive Federal-aid funding and/or require Federal actions (approval/permits) in any project phase, must comply with the National Environmental Policy Act (NEPA) and its associated implementing regulations (40 CFR §1500-1508). NEPA applies to all Federal agencies and the many activities they undertake, regulate, or fund that could affect the environment. It requires Federal agencies to disclose and consider the environmental consequences of their proposed undertakings before deciding a course of action. The Council on Environmental Quality (CEQ) promulgated the Federal implementing regulations in 40 CFR §1500 - 1508, and FHWA/FTA implementing regulations are found at 23 CFR §771 and prescribe documentation requirements for the NEPA process and establish the following three levels, or Classes of Action, which prescribe documentation requirements for the NEPA process:
- Class I Actions (Environmental Impact Statements): Actions that would significantly affect the natural, cultural, and/or human environment require preparation of an Environmental Impact Statement (EIS). EIS projects tend to be complex projects with substantial impacts to a variety of environmental resources.
- Class II Actions (Categorical Exclusions): Actions that do not individually or cumulatively have a significant environmental effect are categorically excluded from the requirement to prepare an EIS or an Environmental Assessment (EA). The majority of proposals will likely be determined to be Categorical Exclusions (CEs). Examples of such proposals include small bridge replacements, intersection improvements, resurfacing activities, minor widenings, construction of bicycle and pedestrian paths, traffic signal installation, and alteration of facilities to make them compliant with the Americans with Disabilities Act (ADA). Additional project types that may qualify as a CE can be found in 23 CFR §771.117(c) and (d), as well as those listed in Chapter 3 of DM-1B.
- Class III Actions (Environmental Assessments): An EA is prepared for those projects for which the significance of impacts is not clearly established. More analysis is necessary to determine whether impacts are significant and an EIS will need to be prepared.
For projects where there will be no major federal action (including permits) or Federal-aid funding (100% State-funded in both design and construction), NEPA regulations do not apply. However, in the absence of federal funds or other major federal action, a state Environmental Documentation (ED) would be prepared for projects that would be considered CEs under NEPA, and an Environmental Evaluation Report (EER) would be prepared for projects that would be EAs or EISs under NEPA. Projects completed as EDs and EERs must still comply with PA Act 120 and other applicable state laws. Projects on the National Highway System (NHS) that require a design exception must be processed as CE's rather than ED's regardless of the funding. Refer to Chapter 6 of DM-1B for more information on EDs and EERs.
DM-1B - https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/public/pubsforms/publications/pub-10/pub-10b/april%202022%20change%20no.%202.pdf
Projects that involve Federal actions, including projects that receive Federal-aid funding and/or require Federal actions (approval/permits) in any project phase, must comply with the National Environmental Policy Act (NEPA) and its associated implementing regulations (40 CFR §1500-1508). NEPA applies to all Federal agencies and the many activities they undertake, regulate, or fund that could affect the environment. It requires Federal agencies to disclose and consider the environmental consequences of their proposed undertakings before deciding a course of action. The Council on Environmental Quality (CEQ) promulgated the Federal implementing regulations in 40 CFR §1500 - 1508, and FHWA/FTA implementing regulations are found at 23 CFR §771 and prescribe documentation requirements for the NEPA process and establish the following three levels, or Classes of Action, which prescribe documentation requirements for the NEPA process:
- Class I Actions (Environmental Impact Statements): Actions that would significantly affect the natural, cultural, and/or human environment require preparation of an Environmental Impact Statement (EIS). EIS projects tend to be complex projects with substantial impacts to a variety of environmental resources.
- Class II Actions (Categorical Exclusions): Actions that do not individually or cumulatively have a significant environmental effect are categorically excluded from the requirement to prepare an EIS or an Environmental Assessment (EA). The majority of proposals will likely be determined to be Categorical Exclusions (CEs). Examples of such proposals include small bridge replacements, intersection improvements, resurfacing activities, minor widenings, construction of bicycle and pedestrian paths, traffic signal installation, and alteration of facilities to make them compliant with the Americans with Disabilities Act (ADA). Additional project types that may qualify as a CE can be found in 23 CFR §771.117(c) and (d), as well as those listed in Chapter 3 of DM-1B.
- Class III Actions (Environmental Assessments): An EA is prepared for those projects for which the significance of impacts is not clearly established. More analysis is necessary to determine whether impacts are significant and an EIS will need to be prepared.
For projects where there will be no major federal action (including permits) or Federal-aid funding (100% State-funded in both design and construction), NEPA regulations do not apply. However, in the absence of federal funds or other major federal action, a state Environmental Documentation (ED) would be prepared for projects that would be considered CEs under NEPA, and an Environmental Evaluation Report (EER) would be prepared for projects that would be EAs or EISs under NEPA. Projects completed as EDs and EERs must still comply with PA Act 120 and other applicable state laws. Projects on the National Highway System (NHS) that require a design exception must be processed as CE's rather than ED's regardless of the funding. Refer to Chapter 6 of DM-1B for more information on EDs and EERs.
DM-1B - https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/public/pubsforms/publications/pub-10/pub-10b/april%202022%20change%20no.%202.pdf