Rural Transportation Summit – ADOT
Environmental in Project Development
January 19, 201 4
ADOT Environmental
State Engineer
Jennifer Toth
Executive Staff Asst.
Peggy Harding
ADOT – Intermodal
Transportation Division
Sr. Deputy State Engineer
Dallas Hammit
DESIGN
Deputy State Engineer
Steve Boschen
CONTRACTS & CLEARANCES
Deputy State Engineer
Barry Crockett
Materials Group
Bill Hurguy
Contracts &
Specifications
Steve Hull
Bridge Group
Shafi Hasan
Joint Project
Agreements
Lillian Marks
Traffic Engineering
Maysa Hanna
Engineering
Consultant Services
Michael Denbleyker
Roadway
Engineering
Annette Riley
Utilities & Railroads
Vicki Bever
Environmental
Planning
Paul O’Brien
Right of Way
Paula Gibson
Engineering Survey
Chong-Tai Chyan
STATEWIDE PROJECT MGMT
Group Manager
Vince Li
LOCAL PUBLIC AGENCIES
Program Manager
Bahram Dariush
5-YEAR PROGRAM
Program Delivery Assistant
Lisa Pounds
Environmental Planning Group (EPG)
FHWA Environmental
• Northern Arizona and
Phoenix
– Rebecca Yedlin
• Southern Arizona
– David Cremer
Environmental in Project
Development
Why do we have an Environmental
process?
• Assure that there is a project purpose and need
for the transportation project
• Assure that environmental impacts are
considered in developing alternatives
• Assure that projects Avoid, Minimize, and
Mitigate adverse effects
• Assure that projects meet all legal requirements
What is the Environmental process?
• In a word: NEPA
– National Environmental Policy Act of 1969
The National Environmental Policy
Act (NEPA) of 1969
NEPA requires the Federal government to consider
the environment in major Federal actions
• So why ADOT and LPA projects?
– ADOT’s highway program, including LPA projects, is
largely a Federal-Aid Program (i.e. the Federal Gas
Tax)
The National Environmental Policy
Act (NEPA) of 1969
What requires NEPA?
• Federal ‘Actions’
– Federal Funds for Design, ROW and Construction
– Other Federal actions (regardless of project funding):
•
•
•
•
US Army Corps. 404 permits
Action by land management agencies (FS, BLM, BIA, etc.)
Design Exceptions on the National Highway System (NHS)
‘Change in Access’ on the Interstate System
Why is There a National
Environmental Policy Act?
The National Environmental Policy
Act (NEPA) of 1969
What Brought about NEPA?
• The Sixties
– Reaction to the Interstate building of the 50’s into
the 60’s (the Freeway Revolt)
– The book Silent Spring
– Vietnam War protests
– The Counter-Culture
– Other significant events
Why are these Environmental
laws in place?
Laws are created in response to the times
Why are these Environmental
laws in place?
• The Interstate ‘Yellow Book’
Why are these Environmental
laws in place?
1956 – Federal-Aid
Highway Act started
the Interstate
Highway construction
program
Why are these Environmental
laws in place?
1956 – Federal-Aid
Highway Act
Interstate Highway
construction mandate
Why are these Environmental
laws in place?
Impacts to Urban Environments
Why are these Environmental
laws in place?
The highway program is “being operated by
barbarians. We ought to have some civilized
understanding of just what we do to spots of
historic interest and great beauty by building eightlane highways through the middle of our cities.”
Senator Joseph Sill Clark – PA, 1966
Source: “Divided Highways” (Tom Lewis)
Why are these Environmental
laws in place?
Planned freeway through Overton Park – 1971 the US Supreme Court “protection of parkland was
to be given paramount importance.”
Why are these Environmental
laws in place?
1969 Cuyahoga River Fire,
Cleveland
Santa Barbara Oil Spill
NEPA signed into law on January 1,
1970
The National Environmental Policy
Act (NEPA) of 1969
Back to NEPA and Project Development
NEPA Decision Making Framework
NEPA involves…
Consideration of environmental factors in decision-making (in
addition to economic and technical)
Evaluation of environmental impacts
Consideration of alternatives to actions with significant impacts
Project documentation (NEPA documents)
Public involvement and interagency coordination
Regulation and Guidance
Regulatory and Guidance Hierarchy
United States Code (USC) [Law]
• 23 (Highways) and 42 (Public Health) USC
Council of Environmental Quality (CEQ) Regulations
• 40 CFR 1500
FHWA NEPA Regulations
• 23 CFR 771
FHWA HQ Guidance
• Technical Advisory T6640.8A for NEPA Documents
• 4(f) Policy Paper
FHWA AZ Division Guidance and ADOT EPG Guidance
The NEPA Umbrella
• The NEPA process provides a framework for
compliance with other Federal, State, and local
environmental statutory requirements (hence
the term “NEPA umbrella”)
• Procedural law – Follow the process
– Defines process, not decisions
The NEPA Umbrella
Title VI of Civil Rights Act of 1964
Executive Order 12898
(Environmental Justice)
49 USC 303 – 4(f)
Emergency Planning and Community
Right to Know Act of 1986 (EPCRA)
Civil Rights Act
Clean Water Act (CWA)
Clean Air Act (CAA)
Safe Water Drinking Act (SDWA)
Endangered Species Act (ESA)
National Historic Preservation Act
(NHPA)
Solid Waste Disposal Act (SWDA)
Farmland Protection Act
Resource Conservation and Recovery
Act of 1976 (RCRA)
23 USC 109(h) – Highways
Environmental Effects
Public Hearing Requirements
Archaeological and Historic
Preservation Act (AHPA)
The NEPA Umbrella
“What if they just repealed NEPA?”
Title VI of Civil Rights Act of 1964
Executive Order 12898 (Environmental
Justice)
Coastal Zone Management Act
Clean Water Act (CWA)
Clean Air Act (CAA)
Comprehensive Environmental Response,
Compensation and Liability Act (CERLA)
Emergency Planning and Community Right
to Know Act of 1986 (EPCRA)
National Historic Preservation Act (NHPA)
Public Hearing Requirements
Safe Water Drinking Act (SDWA)
Archaeological and Historic Preservation
Act (AHPA)
Endangered Species Act (ESA)
AND MORE…
Solid Waste Disposal Act (SWDA)
Resource Conservation and Recovery Act of
1976 (RCRA)
NEPA Approval & ADOT
Environmental Clearance
NEPA approval
– Approval date of the Environmental Document
(CE, EA or EIS)
– Allows for Federal Authorizations for Final Design and all
ROW actions
ADOT Environmental Clearance
– Final clearance from EPG to Contract and Specifications
to certify that the project is ready for bid advertisement
in terms of environmental requirements
NEPA Classes of Action
NEPA Document:
• Class I - Environmental Impact Statement (EIS)
o Impacts significant
• Class II – Categorical Exclusion (CE)
o Impacts not significant
• Class III – Environmental Assessment (EA)
o Significance of impacts are not clearly known
• Re-Evaluation
o Revisit after NEPA approval (time or changes)
NEPA Class of Action
Environmental Impact Statement (EIS)
SR 202L – New Freeway
NEPA Class of Action
Environmental Assessment (EA)
I-17 – Cordes Junction Interchange Reconstruction
NEPA Class of Action
Categorical Exclusion (CE)
Traffic Guide Sign –
minor impacts with
limited ground
disturbance
NEPA Class of Action
• New HOV
Categorical Exclusion (CE)
NEPA Class of Action
Categorical Exclusion (CE)
Pavement
Preservation Projectincluding work off the
roadway such as
culvert extensions
and slope flattening
NEPA Class of Action
Categorical Exclusion (CE)
Bridge Deck Rehabilitation
How Long Does It
Take?
Schedule dictated by…
• Complexity of project
• Timelines and quality of
technical reports
• Responses from other
agencies/SHPO/Tribes
• Changes in project scope
• Timeliness of additional
funds needed
Project Development Timeframes
• Group One (CE) – Up to 2 months
– May still require some due-diligence
• Group Two (CE)
– 6 to 12* months
* Biology, cultural resources, 404 Individual Permit
• Environmental Assessment – 1 to 3 years
• Environmental Impact Statement – 3 to 5+ years
Development/Design
Environmental Process Highlights
Purpose and Need
Public and Agency Scoping (NEPA)
Section 106 Consultation (Historic Preservation Act)
Biological Evaluation (Endangered Species and more)
Hazardous Materials report
4(f) Evaluation
Air and Noise
Mitigation measures
404 Permits (Clean Water Act)
Environmental in Project Development
Integration of
environmental and
design – One Process
The Scope of the
project and changes
in design greatly
influence the
environmental
schedule/project
schedule
Environmental in Project Development
•
Project scoping process and Environmental Field Review Form are important to
identify environmental scope early
•
Ideally we’ll have a 100% footprint for environmental & ROW at 60% Design. Try
to avoid late changes as they can impact schedule.
•
Identify Temporary Construction Easements (TCEs) early in Design
•
Identify and include staging and stockpiling areas at Field Review if possible. May
require TCEs
•
Identify scope such as geotechnical work early. Do we need a separate clearance
or can it be part of the project clearance
–
Get environmental technical work/consultations going early before boring plan is
finalized
Environmental in Project Development
•
Communicate any scope changes to the EPG Planner as soon as they happen
•
If the EPG Planner has requested information then supply it as soon as possible.
•
The environmental process, through consultation and coordination with
stakeholders and outside agencies, may bring about additional scope being
added to the project
–
•
EPG is never looking to increase scope but sometimes it happens
Get funding in place quickly for addition work added to the project scope
–
Examples; 404 permit, biological survey or cultural data recovery work
added to the project
Environmental in Project Development
Project Scoping/Preliminary Design
• Comprehensive and un-changing (ideal world)
– Delay in defining or changing a project scope can
delay the environmental process
– Define drainage improvements, culvert extensions,
geometric improvements, scour countermeasures,
etc. Scope added later in the design process can add
time to the environmental process and impact the
project schedule
– Define project footprint with preliminary design
Environmental in Project Development
Define JDs early
Factor JDs and wetlands
in the design; drainage,
bridge, scour
Avoid, minimize and
mitigate
Least Environmentally
Damaging Practicable
Alternative – required by
Corps.
Environmental in Project Development
Preliminary
design impacted
a wetland
404 Individual
Permit required
Alternatives
analysis required
Environmental in Project Development
Design changed
to avoid impact
to wetland
404 Individual
Permit avoided
Nationwide only
for temporary
construction
impacts
Environmental in Project Development
Historic Buildings and
Districts
Built Environment
surveys are necessary
Cultural resource
concerns may impact
the design
Environmental in Project Development
Historic Roads
We try to avoid
‘adverse effect’
through Section 106
Consultation
HPT has procedures
for treating historic
roads
Environmental in Project Development
Data recovery is
undertaken to recover
data (information)
Data recovery may
require a task order
or contract (consider
timing and funding)
Data recovery is expensive and time consuming
Constructability in
relation to avoidance
areas
Environmental in Project Development
• Provides protection to parks and recreational
lands, wildlife and waterfowl refuges, and
historic sites. No “use” unless:
– No feasible and prudent alternative
– All possible planning to minimize harm to the
property resulting from use
Environmental in Project Development
How to address:
• First, can we avoid! – Study alternatives
• Types of treatment
– De minimis
– Programmatic
• Bridges, Minor Use of Historic Sites
– Individual
Environmental in Project Development
De minimis taking
Minimize impact
Negotiate
compensation/
improvements
Agreement of local
authority of no
adverse effect
Inform the public
Environmental in Project Development
Historic Bridge;
Section 106 and
Section 4(f)
Rehabilitation – De
minimis
Replacement Programmatic 4(f)
Evaluation (one of
five FHWA
programmatic
procedures for 4(f))
Environmental in Project Development
Air, Noise and Hazmat. Project context driven.
• Air Quality– Urban areas (Nonattainment/Hot Spot Analysis for CAA)
• Noise – Sensitive Receptors (houses)
• Hazmat – History of land (old gas stations)
Environmental in Project Development
Avoid, Minimize, Mitigate – Required by regulation to be integral with the
project development. Integral does not mean exclusive (for example at the
expense of safety).
• Avoid
– Historic Sites
– Jurisdictional Waters
– Biological Sensitive Species
• Minimize
– Project impacts
• Mitigate
– Compensation for unavoidable impacts
– Can be included in the project cost (Federal-Aid eligible)
Federal Highway Authorizations
MAP-21 – Right-of-Way
Changes related to the Environmental process and
ROW – MAP-21 Section 1302:
• Changed 23 USC § 108 for Early Acquisition
– (b) Many conditions including State Comprehensive
land use planning process and Governor
Certification.
– (c) acquired without threat of condemnation.
• Talk to FHWA if considering early acquisition of
ROW
MAP-21 - Environmental
• Categorical Exclusions – CEs
– Two Types of CE defined in 23 CFR 771.117 under
sections (c) and (d). Both sections have lists of
qualifying categories of projects
– The two types defined in 23 CFR 771 and the
ADOT/FHWA Operating Agreement
• (c) – Undocumented CEs
» Called Group One in Arizona
• (d) – Documented CEs (Checklist).
» Called Group Two in Arizona
MAP-21 - Environmental
Section 1316
• New Categorical Exclusions for projects within
the right-of-way
– Amends 771.117(c) by adding paragraph (22)
– Makes projects within the ‘operational right-of-way’
of a transportation facility CEs (i.e. Group 1)
– Operational ROW defined as areas “disturbed” and
“maintained” within the ROW (footprint)
MAP-21 – Environmental
Section 1317
• New Categorical Exclusions for projects with
limited Federal assistance
– Amends 771.117(c) by adding paragraph (23)
– Makes projects with limited Federal funds CEs (i.e.
Group 1) under (c)
– $5 million or less total project cost with all Federal funds
– $30 million or less total project cost with no more than
15% Federal funds contribution
MAP-21 – Environmental
Section 1318
• New Categorical Exclusions added to the list of CE
projects in 23 CFR 771
– Adds new CEs requested by State DOTs, MPOs and LPAs
– Also, reclassifies three categories of actions currently
under (d) to being listed under (c) (i.e. from Group 2 to
Group 1)
– Modernization including shoulders and auxiliary lanes
– Highway safety & traffic operational
– Bridge reconstruction, rehabilitation & replacement and RR
grade separations
MAP-21 – Environmental
Sections 1316 - 1318
• Didn’t all these new CEs become effective when
MAP-21 was signed into law?
– No. Map-21 required the Secretary of Transportation to
propose Federal Rulemaking (currently in process)
• Federal rulemaking must occur before CE
designations pursuant to sections 1316, 1317 and
1318 become effective. This includes the publication
of a proposed rule and the publication of a final rule
after consideration of public comments on the
proposed rule. The final rule will establish the date
when the new CEs become effective.
ADOT Environmental in Project
Development
Thank You