MAP-21 and the New CE Process October 7, Ralph Ellis - ADOT Environmental Planning

MAP-21 and Categorical Exclusions MAP-21: “Moving Ahead for Progress in the 21 st Century” Signed into law July 6, 2012 Included changes to Categorical Exclusions (CEs) Federal rulemaking process o This process to modify regulations took 28 months New FHWA-ADOT Programmatic Agreement o This process to modify regulations took 8 months

MAP-21 changes to Categorical Exclusions as defined in 23 CFR ; – (a) Definition of CEs – No Changes – (b) Unusual Circumstances of CEs – No Changes – (c) “c-list” actions – 1 Modified, 6 New, 3 CEs added from the d-list – (d) “d-list” actions – 3 CEs moved to c-list, 1 new CE added – (g) Allows State DOTs to enter into agreements with FHWA for State approval of CEs MAP-21 Changes

New CE Process New FHWA-ADOT Programmatic Categorical Exclusion Agreement (PCE): The new ‘PCE’ Agreement replaced the old 2008 Agreement Expanded ADOT approval authority for CEs New terminology “ADOT Approved CE” – replace “programmatic CE” “FHWA Approved CE” – replaces “non-programmatic CE” Group One and Group Two will no longer be used This better aligns the terminology with that used in 23 CFR

New CE Process New CE Checklist Replaces CCM and old Checklist for processing most “c- list” or “d-list” CEs Streamlined documentation; no repeating of the technical analysis from technical reports put in the CE – reliance on Project Files Same level of compliance with the “other laws”

New CE Process Individual CE(the now “old Checklist”) For certain “d-list” CEs projects consistent with paragraph (d) but not specifically listed Long-form CE is the now “old Checklist” renamed Will be used for only a small minority of CEs Examples: Certain capacity improvements (additional travel lane and/or a new TI or TI improvements) – This will not be used on many LPA projects

New CE Process Approval of Categorical Exclusions (CEs) – ADOT Approved CE ADOT approval (no further FHWA action) CE Checklist with no threshold criteria exceeded c-list and d-list CEs – FHWA Approved CE (signed by Area Engineer) CE Checklist with any threshold criteria exceeded c-list and d-list CEs All Individual CEs

Old Process Numerous Document Types New CE Process

New Process Fewer Document Types New CE Process

Other changes – Streamline Environmental Commitments (in progress) Rely on Standard Specifications to eliminate duplication Provide customer (Contracts and Specs) only what they need for the contracts – Does not include the CE itself – Environmental Clearance Distributed by EPG Planner, not the Group Manager Does not include the CE itself (only information for C&S)

New CE Process Other changes – Developed a new Quality Assurance/Quality Control Plan developed from Process Review (Heather Franek) Improve communication and coordination of project team members Help manage the Critical Path (“other laws”) – Improve ADOT Environmental Planning Website New CE Process Information Reorganize and reduce volume of information (redundancy)

Thank You New CE Process