Understanding the Federal-aid Environmental Process

1
Understanding the Federal-aid Environmental
Process

• By Bill Ballard
• Statewide Environmental Manager
• bill.ballard_at_alaska.gov

2
Alternative Titles

• My environmental clearance is going to take how
  long?
• My environmental clearance is going to cost
  what?
• Why the heck do I have to do this?
• Expediting the environmental process isnt this
  an oxymoron?

3
PURPOSE OF THIS PRESENTATION

• So youll know why you need an environmental
  clearance even when your project is for the
  public good.
• Identify some of those darn Section s that slow
  down your project like Section 106, what is it
  and why you have to do it.
• So youll know why the environmental staff needs
  so much darn information for a simple CE prioject
  project.

4
It all Started a Long Time Ago with passage of
the Nation Environmental Policy Act (NEPA)

• NEPA establishes a NATIONAL POLICY that
  encourages productive and enjoyable harmony
  between man and his environment to
• prevent or eliminate damage to the environment
• stimulate the health and welfare of man
• enrich the understanding of ecological systems
  and the natural resources important to the nation
• If youre thinking what a bunch of bull, you may
  be right but it was a Republican President that
  signed it !

5
NEPA Requires

• A systematic and interdisciplinary approach.
• That environment factors be given appropriate
  consideration along with economic and technical
  considerations.
• That projects include an analysis and
  documentation of
• environmental impacts
• adverse impacts which cannot be avoided
• alternatives to that avoid or reduce adverse
  impacts
• the consequences of taking the action
• And yes consultation with federal and state
  agencies, tribes and the public even if you know
  whats best

6
Council on Environmental Quality (CEQ)

• Congress established the CEQ to
• Developed NEPA regulations (40CFR 1500-1508)
• Assist Federal agencies in the implementation of
  NEPA
• They monitors federal agencies environmental
  compliance
• Assist federal agencies develop NEPA implementing
  environmental regulations, policies and
  initiatives

7
FHWAs NEPA Implementation Regulations

• FHWAs regulations for implementing NEPA are
  codified in 23 CFR 771 (Environmental Impact and
  Related Procedures).
• Sets the policies and procedures for implementing
  and the CEQ regulation found in 40 CFR Part 1500
  through 1508.
• 771 incorporates FHWA and FTA environmental
  policies and procedures.
• Covers all environmental laws, regulations and
  Executive Orders (EOs) affecting FHWA FTA
  projects.

8
Legislative Influences on FHWAs Environmental
Regulations Policies
1966 DOT Act
1998 TEA-21
1971 FaHA
1990 ISTEA
1950
2000
1960
1970
1990
1980
1973 ESA
1971 CWA
1990 CAAA
1966 NHPA
9
Federal Environmental Laws EOSs Affecting
Transportation
70
EO13148
TEA-21
EO13186
EO13061
EO13112
60
EO13007
EO13089
SNRTA
SDWA
CAA
EO12898
CZARA
ISTEA
STURAA
ADA
50
URA
NAGPRA
EWRA
STURAA
HSWA
CWA
FPPA
SDWA
ANILCA
CBRA
40
ARPA
LAA
CUMULATIVE NUMBER OF LAWS AND AMENDMENTS
EO11990
CERCLA
CWA
EO11998
MSFCMA
CAA
SDWA
RCRA
30
CZMA
FNWA
WBA
ESA
RRA
CWA
EAA
URA
CAA
NEPA
20
FAHA
WSRA
4(f)
FAHA
HBA
FAHA
CAA
NHPA
AHPA
10
FIFRA
FWCA
SWDA
MBTA
AA
WA
CRA
RHAA
LWCF
CAA
HSBAA
0
1890
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
2010
YEAR
10
WHAT DOES THIS MEAN TO YOU?

• All projects regardless of size or scope must
  receive an environmental clearance before Final
  PSE.
• Requires a systematic interdisciplinary approach
  be used to assess the environmental affects of
  the proposed action (i.e. you cant do it
  alone!!)
• Requires public involvement and resource agency
  coordination as an essential part of the
  environmental review process when protected
  resources or additional ROW is required.

11
NEPA Process Options
Proposed Action
Coordination and Analysis
YES
NO CE
Significant Impact ?
Unknown
Significant impact
C List
D List
Environmental Assessment
Notice of Intent Scoping Process
Draft EIS
Coordination and analysis as needed
No significant impacts
Public Comment
Document appropriately
Final EIS
Finding of No Significant Impact (FONSI)
Record of Decision (ROD)
Agency Action
Agency Action
Agency Action
12
Categorical Exclusions (CE)23 CFR 771.117(a)

• CEs are actions which meet the definition
  contained in 40CFR 1508.4 and based on past
  experience with similar actions, do not involve
  significant environmental impacts.
• They are actions that
• Do not induce significant impacts on planned
  growth
• Do not require the relocation of significant
  numbers of people
• Do not have a significant impact on any natural,
  cultural recreational, historic or other resource
• Do not have a significant impact on air, noise or
  water
• Do not have a significant impact on travel
  patterns or otherwise have either an individually
  or cumulatively.

13
CE Documentation

• CEs arent a free pass. There are two types of
  CEs. They are
• C-List found in 23 CFR 771.117(c)
• List of 20 actions that meet the criteria for CEs
• Normally requires no further NEPA approvals
• But could involve extensive environmental
  analysis depending on the circumstance and the
  potential affect (e.g. Section 106)
• D-List found on 23 CFR 771.117(d)
• List of additional actions which may be
  designated as CEs only after Completion of the CE
  Documentation Form and
• The Regional Environmental Manager determines
  that the proposed action qualifies as a CE.
• All projects that could affect a protected
  resource or require additional ROW require
  public and resource agency coordination.

14
What is a Protected ResourceExamples are

• National Historic Preservation Act
• Uniform Relocation Assistance and Real Property
  Acquisition Policies Act of 1970
• Americans with Disabilities Act
• Executive Order 12898 (Environmental Justice)
• Section 4(f) of USDOT Act (49 USC 303)
• Clean Air Act
• Safe Water Drinking Act

• Clean Water Act
• Executive Order 11990
• Executive Order 119880
• Farmland Protection Policy Act
• Solid Waste Disposal Act
• Resource Conservation
• Recovery Act of 1976
• Endangered Species Act

15
CE Documentation Form Section E (that darn
Section 106)

• Impacts to Historic Properties
•  
• National Register-listed or eligible properties
  are in area of potential effect. If yes, consult
  with FHWA.
• There will be an adverse effect on a historic
  property. If yes, consult with FHWA, summarize
  alternatives evaluated, attach SHPO
  correspondence, and attach signed MOA).
• This project would have no potential to cause
  effect to historic properties. This project does
  meet the criteria for no formal review under
  Section 106 of the National Historic Preservation
  Act 36 CFR 800.3(a)(1) per the May 2, 2006
  determination by the Alaska Division of FHWA. If
  yes, note applicability in number 4 below or
  attach email from the FHWA. Attach SHPO and
  other appropriate correspondence as appropriate.
• Summarize impacts to historic properties.

16
Expediting Projects through the Environmental
Process

• This is not an OXYMORON!!
• Understand our CE procedures and those protected
  resources that can affect your project schedule
  and cost (i.e. Section106, Section 4f and Section
  404) (http//www.dot.state.ak.us/stwddes/dcsenviro
  n/pop_envmanual.shtml)
• Coordinate early and often with your Regional
  Environmental Manager.
• Dont debate with your Regional Environmental
  Manager on the level of design information they
  need.
• If they need final design plans then you will
  need to provide it.
• Al Fletcher is happy to authorize PSE level of
  design during the environmental phase if it is
  necessary for environmental document approval.

17
Have Annual or Quarterly Program Reviews

• During the development of the HISP meet with your
  environmental staff and determine at a
  programmatic level what projects could have
  substantive resource issues.
• Example for Section 106
• Identify those projects with No Potential to
  Effect Historic Resources.
• Identify those project located within a historic
  district or in proximity to listed historic
  sites.
• Identify those projects that might require a
  historic resource survey.
• Identify those projects that could affect Section
  4(f) properties.

18
TAKE HOME MESSAGE

• Read the CE Documentation Form and instructions
  so youll know the information required by the
  environmental staff to complete the CE
  Documentation Form.
• Late changes are your worst enemy!
• A design modification or a scope change can
  result in a restart of the environmental
  process. If you have an approved CE, now you
  HAD an approved CE !!
• You can help your environmental staff by
  completing the project description, purpose and
  need and any alternatives section of the
  documentation form.
• Determine early the level of design information
  your environmental staff will need and if an
  alternatives analysis is required.
• If youre in a real hurry, buy the environmental
  manager and analyst lunch. A large combo pizza
  just might get your get your project on the top
  of environmentals priority list.