Attachment 6 NEPA Category Exclusion Determination.doc

Attachment 6, 12639522R0030

Record of Categorical Exclusion Determination for

Rehabilitation of Sewage Lagoons in Edinburg, Texas Brief History and Description of Proposed Action:

The proposed action involves the minor renovation, improvement, and maintenance of USDA-APHIS facilities to improve the value and use of existing sewage lagoons / evaporation ponds used by the Agency at Moore Air Base, 22675 N. Moorefield Road, in Edinburg, Texas 78541. In general, Agency facilities provide workspace for inspections, research, regulatory compliance, and storage for equipment. The ability to renovate, improve, and maintain facilities allows the Agency to support pest identification and eradication in a timely fashion. The two treated effluent ponds at the location support Agency activities. The proposed replacement of pond liners and removal of sludge is absolutely needed to restore the functionality of these sewage lagoons/evaporation ponds.

USDA-APHIS regulatory decisions must meet the requirements of the National Environmental Policy Act (NEPA, 42 U.S.C. §§ 4321 et seq.); the Council of Environmental Quality NEPA-Implementing Regulations (40 CFR parts 1500-1508); and USDA-APHIS NEPA-implementing regulations at 7 CFR parts 1b and 372. Prior to 2018, section 372.5(c)(4) specifically listed a categorical exclusion limited to the rehabilitation of facilities. The recent revisions to section 372.5(c)(5) now include minor renovation, improvement, and maintenance of facilities. A categorical exclusion is an appropriate form of NEPA analysis when there are no environmental impacts associated with the proposed action. To require additional analyses may jeopardize program timeliness, be duplicative or redundant, and waste taxpayer resources.

This determination of a categorical exclusion would apply to the project as described in the Statement of Work. The proposed work will be limited in scope to the contract specifications. Contract requirements are a convenient way for the Agency to facilitate communication among the parties by defining the parameters for the project. Safety is assessed as part of the facility renovation/improvement process.

Number and Title of Categorical Exclusion Applied:

Section 372.5(c)(5) Minor renovation, improvement, and maintenance of facilities.

Examples are:

(i) Renovation of existing laboratories and other facilities.

(ii) Functional replacement of parts and equipment.

(iii) Minor additions to existing facilities.

(iv) Minor excavations of land and repairs to properties.

7 CFR § 372.5(d) Exceptions for categorically excluded actions. Whenever the decision maker determines that a categorically excluded action may have the potential to affect “significantly” the quality of the “human environment,” as those terms are defined at 40 CFR 1508.27 and 1508.14, respectively, an environmental assessment or an environmental impact statement will be prepared.

Regulatory Requirements and Considerations:

The proposed rehabilitation of sewage lagoons contains aspects of all the examples that are eligible for categorical exclusion. Under example (i), the ponds are the facility being renovated, while under (ii) there will be functional replacement of the pond liners. The minor addition to the existing facility (iii) will be the rehabilitated lawn over the graded sludge layer, and minor excavations of land (iv) are necessary to provide a fully functioning sewage treatment pond system. For this reason, it is entirely appropriate for the rehabilitation of sewage lagoons in Edinburg Texas to be eligible for NEPA analysis under this categorical exclusion.

Actions with the potential to significantly affect the quality of the human environment cannot be categorically excluded. The exceptions for an action subject to a categorical exclusion identified in section 372.5(d) do not apply to the proposed action because there is no use of a previously licensed or approved veterinary biologic, or a confined field release posing new issues raised by genetically engineered species, organisms or novel modifications. There are no cumulative impacts with other related actions that might result in impacts on the human environment based on the continued use of the same sized area for the original purpose. The incremental impact of this proposed action, when added to other past, present, and reasonably foreseeable future actions does not have the potential to impact the human environment based on the long history of successful use of the area as a sewage lagoon at an Agency facility where the quality of the human environment was unaffected.

All contract work must meet OSHA, Texas Water Code, and Texas Administrative Code requirements, along with any other applicable environmental review requirements and administrative determinations. The proposed action will use standard operating procedures and meet requirements in the latest editions of national codes and regulations, and federal, state, and local laws (see contract section 10.2). Adherence to requirements in building permits ensures that contaminants will not enter water bodies, and avoids or mitigates the potential for impact to the environment.

All of the proposed work is limited in time because the actions are not likely to be repeated within several fiscal years, and are limited in space because they will occur within or near the property recognized as part of the APHIS facilities. There will be no impacts to the environment beyond the temporary and ephemeral noise associated with the installations or repairs. Although there may be temporary alterations to water flow associated with the demolition and construction, these will end when the contracted work is complete.

The long history of successful facility maintenance and use is a strong indicator that any potential effects on the quality for the human environment are not highly controversial, are not highly uncertain, or involve unique or unknown risks. The proposed action does not establish precedent or represent a decision in principle about a future consideration because APHIS evaluates the maintenance and improvement needs at each location on a case-by-case basis over time.

The proposed action does not affect unique characteristics of a geographical area (e.g. waterfalls or bogs) because the work would occur at an already existing facility that is not located near unique sites. In general, wildlife is unlikely to be deprived of access to resources because they do not currently use the area for water, forage, or habitat. The disruption of access to wildlife resources during demolition and construction would be temporary. Wildlife, including federally protected species, are very highly unlikely to use the lagoons as a water source based on the high sewage content. While wildlife use of the area may include occasional stopovers by migratory birds, the rehabilitation of disposed sludge under the contract terms will create a properly graded and stabilized lawn area adjacent to the existing lagoons where migrating animals may rest.

The proposed action does not adversely affect public health or safety because (a) proper maintenance of facilities reduces the risk of adverse events, (b) the proposed action ultimately helps to contain or minimize human pests or pathogens found in sewage, and (c) adherence to the contract terms minimizes the potential for environmental impact from airborne particles, fugitive dust, and construction noises.

The proposed action will not occur on or near any districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places, and it will not cause the loss or destruction of scientific, cultural, or historical resources. Instead, it will enhance agricultural and horticultural resources. For all these reasons, USDA-APHIS finds there will be no significant impacts to the human environment from the proposed project, and neither an environmental assessment nor an environmental impact statement is needed.

Additional mitigation measures incorporated into the action:

Employees must keep work areas in a condition conducive for the safety of workers and Base employees. Construction work hours will be only during the daylight from 7:00 am to 3:30 pm. At no time shall both ponds be nonfunctional at the same time. Handling and disposal of construction debris must meet all contract requirements. The contractor remains responsible for repairing any sidewalks, roads, grading, etc. damaged during construction. As identified in the contract, the Facility Manager will consult with contractors to minimize the potential impact of maintenance and improvement activities. This includes provisions for documenting and dealing with unusual situations.

Determination:

I have determined that the proposed action will not result in an impact to the environment based upon my review of the available information. The proposed action meets the regulatory requirements set forth above for categorical exclusions, and further NEPA review is not required for approval of this action.

Environmental Quality Representative/Project Manager

Date