Environmental Compliance |
|
 |
|
Categorical Exclusions
Categorical exclusions are categories of actions that do not have a significant effect on the quality of the human environment (individually or cumulatively) and for which, therefore, neither an environmental assessment (EA) nor an environmental impact statement (EIS) is generally required (40 CFR• 1508.4). The Animal and Plant Health Inspection Service (APHIS) managers are encouraged to apply categorical exclusions, where appropriate, because they reduce paperwork and speed the decisionmaking process. Proposed actions must be subjected to sufficient environmental review to determine whether they fall within the broadly defined categories. This means that each time a specific categorical exclusion is used, the required review must be done. An EA may be prepared for proposed actions otherwise excluded when the manager determines that the action may have potential to significantly affect the environment (7 CFR • 372.5(d)), or an EA would be helpful in planning or decisionmaking (40 CFR • 1501.3).
Conducting a Categorical Exclusion Review
When conducting a review for determining if an action meets a categorical exclusion, the following procedures apply:
1. Identify the potential exclusion category by reviewing the categorical exclusions listed in the Departmental National Environmental Policy Act (NEPA) regulations and the APHIS NEPA implementing procedures to determine if the proposed action is defined in one of the categories.
2. If the proposed action as presented fails to satisfactorily match exclusion requirements, determine whether the proposal can be modified to allow exclusion. If this can be done and the proponent agrees to the change, then the proposed action may be modified and categorically excluded. If modifications are not possible or the proponent refuses to accept a change, prepare an EA or EIS.
3. If it is determined that the proposed action (or modified action) falls within one of the broadly defined categories, then it may be categorically excluded.
Documenting a Categorical Exclusion Review
There are no statutory, regulatory, or procedural requirements to document a categorical exclusion review. To assure a clear record of NEPA compliance, however, managers may choose to indicate in the appropriate case/project file, in the decision record, or in any other authorizing document that an action has been excluded.