NEPA Process and Specific Requirements - Environmental Impact Analysis: Process and Methods - page 86

will survive legal and procedural challenge, is to have that discussion early,
document what doesn't make sense regarding the alternative, and build the
reason into the purpose and need statement.
3.6 Categorical Exclusion as an Efficiency
Approach to Environmental Analysis
A categorical exclusion (abbreviated CATEX, CATX, or Cat-X, by various
agencies) is a common sense approach to NEPA compliance presented in the
CEQ Regulations (see Section 3.1.2 for discussion of how CATEX fits into the
NEPA Process). Section §1507.3 b 2 (ii) of the regulations require each agency
to develop “ “Specific criteria for and identification of those typical classes of action…
which normally do not require either an environmental impact statement or an envi-
ronmental assessment .” In general this process is limited to small-scale projects
that result in a tangible product rather than a policy, program, or regulation
development action. In accordance with this directive, each federal agency
has reviewed the projects they conduct on a continuing basis (e.g., installing
an electronic security surveillance system in a facility, data collection, pay-
roll processing, purchasing standard office equipment, or conducting land
surveys) and determined whether they singly or collectively have a signifi-
cant environmental impact. If they conclude they do not, they document the
finding so that the next time they take the action they can simply refer to the
documentation and no further NEPA action or other environmental analysis
is required. This categorical exclusion of actions is not an exception from
NEPA but rather another and simpler way to comply with the Act.
CEQ has recognized CATEX importance and opportunities, noting that it
represents the most frequent method of NEPA compliance. In recognition of
the importance, opportunity for efficiency, and common use, CEQ has recently
i issued g u ida nce to a ssi st agenc ie s i in m a x i m i zi ng t he s e at t r ibute s of t he CATEX
process (75628 Federal Register /Vol. 75, No. 233/Monday, December 6, 2010).
This guidance also adds consistency among agencies and reflects a 40-year
history of agencies employing (and in some cases failing to employ) categori-
cal exclusions. Among other innovations the guidance encourages agencies
to include the public at some level in various aspects of the CATEX process,
including development of criteria for listing as a CATEX action, the listing of
specific actions, and announcement that an action has been “CATEXed.” CEQ
leaves the nature and extent of public involvement up to the discretion of the
agencies but suggests factors to consider such as the anticipated public concern
over the action and the degree of mitigation commitments factored into eligi-
bility of the action for exclusion. The CEQ CATEX guidelines also recommend
the agencies have some level of tracking of CATEXed projects and periodically
review their list of eligible actions.