Under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321–4347, federal agencies may establish categorical exclusions (CEs) for actions that the agency has determined normally do not significantly affect the quality of the human environment.  42 U.S.C. 4336e(1).  NEPA provides that an agency is not required to prepare an environmental assessment or environmental impact statement for an action that is subject to a CE.  42 U.S.C. 4336(a)(2).

The Board is proposing to update its CEs by establishing 5 new CEs, modifying 6 existing CEs, and removing 3 CEs contained in the Board’s environmental regulations at 49 C.F.R. part 1105.  Consistent with Council on Environmental Quality (CEQ) guidance, the Board’s Office of Environmental Analysis has prepared a written record to substantiate its proposed new and revised CEs.  The Substantiation Record of Proposed New and Revised CEs Under NEPA can be found here.

The proposed CEs are part of the Board’s broader proposal to revise its environmental regulations.  See EP 779, Notice of Proposed Rulemaking (NPRM), Permitting Reform—Environmental Review Process.  The NPRM can be found here.  Please click here for an overview of the STB’s environmental review process and procedures.