FHWA and State C-List BCE Classification

The Department’s environmental rules under 43 TAC, Chapter 2 require a determination to demonstrate that a project meets the requirements for review and approval as a Blanket Categorical Exclusion (BCE). Only the department delegate can certify the classification of a project as a FHWA or State C-list BCE. The BCE Checklist is to be used to determine whether:

• The project qualifies as a FHWA or State C-list BCE
• Any resource agency coordination, public involvement, or permitting is required; and
• Any further environmental documentation is necessary before signing the Letter of Authority (LOA) for environmental clearance prior to letting

FHWA and State C-list BCE Checklist

References

• December 1970: CEQ Code of Federal Regulations 40 CFR §1508.4
• March 2009: USDOT Code of Federal Regulations 23 CFR §771.117 (a), (b), (c) Categorical Exclusions
• March 2012: TxDOT Administrative Code 43 TAC §2.82 Blanket Categorical Exclusions
• November 2011: Programmatic Agreement for the Review and Approval of NEPA Categorically Excluded Transportation Projects between the Federal Highway