Rural Transportation Summit – ADOT Environmental in Project Development January 19, 201 4

ADOT Environmental

ADOT – Intermodal Transportation Division

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 eight- lane 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) Consideration of alternatives to actions with significant impacts Evaluation of environmental impacts Project documentation (NEPA documents) Public involvement and interagency coordination

Regulatory and Guidance Hierarchy Regulation and Guidance 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 (Environmental Justice) Civil Rights Act Clean Water Act (CWA) Clean Air Act (CAA) Safe Water Drinking Act (SDWA) Endangered Species Act (ESA) Solid Waste Disposal Act (SWDA) Resource Conservation and Recovery Act of 1976 (RCRA) 49 USC 303 – 4(f) Emergency Planning and Community Right to Know Act of 1986 (EPCRA) National Historic Preservation Act (NHPA) Public Hearing Requirements Archaeological and Historic Preservation Act (AHPA) Farmland Protection Act 23 USC 109(h) – Highways Environmental Effects

“What if they just repealed NEPA?” The NEPA Umbrella Title VI of Civil Rights Act of 1964 Executive Order (Environmental Justice) Coastal Zone Management Act Clean Water Act (CWA) Clean Air Act (CAA) Safe Water Drinking Act (SDWA) Endangered Species Act (ESA) Solid Waste Disposal Act (SWDA) Resource Conservation and Recovery Act of 1976 (RCRA) 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 Archaeological and Historic Preservation Act (AHPA) AND MORE…

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 Categorical Exclusion (CE) New HOV

NEPA Class of Action Categorical Exclusion (CE) Pavement Preservation Project- including 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

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 Environmental Process Highlights 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

Data recovery is expensive and time consuming 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) Constructability in relation to avoidance areas

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 (Non- attainment/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) Environmental in Project Development

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 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 (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 (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 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