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Privately Funded Projects:
Introduction

ADOT Environmental Planning Group

The Environmental Planning Group (EPG) provides environmental services for transportation activities through compliance with regulatory requirements, providing the highest level of professional technical support and education to our agency and customers, while building cooperative relationships with other government agencies and the public.

EPG includes two sections, Technical and Planning, comprised of 40 staff members in three locations: Phoenix, Tucson and Flagstaff. The Planning and Technical sections assure that all ADOT construction projects comply with environmental law, and help protect sensitive environmental areas within the state. The Group has also assumed responsibility for certain additional environmental issues within ADOT, and provides technical assistance, education, and expert advice on numerous environmental matters. The functions performed in and by the Planning and Technical Sections of the group are, for the most part, mandated by either state or federal law. ADOT EPG maintains a web site www.adotenvironmental.com, which provides not only guidance to ADOT environmental partners, but also presents information about the group for the general public.

At the present time, EPG maintains in-house expertise in air quality, archaeology, biology, environmental planning, noise, and hazardous materials.

NEPA Overview

On January 1, 1970 the National Environmental Policy Act of 1969 (NEPA) was signed into Law. NEPA established a national environmental policy intentionally focused on Federal activities and the desire for a sustainable environment balanced with other essential needs of present and future generations of Americans.

NEPA established a supplemental mandate for Federal agencies to consider the potential environmental consequences of their proposals, document the analysis, and make this information available to the public for comment prior to implementation. The environmental protection policy established in NEPA, Section 101, is supported by a set of "action forcing" provisions in Section 102 that form the basic framework for Federal decision making and the NEPA process.

While NEPA established the basic framework for integrating environmental considerations into Federal decision making, it did not provide the details of the process for which it would be accomplished. Federal implementation of NEPA was the charge of the Council on Environmental Quality (CEQ), which interpreted the law and addressed NEPA’s action forcing provisions in the form of regulations and guidance.

The Federal Highway Administration (FHWA) and NEPA

NEPA requires, to the fullest extent possible, that the policies, regulations, and laws of the Federal Government be interpreted and administered in accordance with its environmental protection goals. NEPA also requires Federal agencies to use an interdisciplinary approach in planning and decision making for any action that adversely impacts the environment.

NEPA requires and FHWA is committed to the examination and avoidance of potential impacts to the social and natural environment when considering approval of proposed transportation projects. In addition to evaluating the potential environmental effects, we must also take into account the transportation needs of the public in reaching a decision that is in the best overall public interest. The FHWA NEPA project development process is an approach to balanced transportation decision making that takes into account the potential impacts on the human and natural environment and the public’s need for safe and efficient transportation.

It is FHWA’s policy that (23 CFR § 771.105):

  • To the fullest extent possible, all environmental investigations, reviews, and consultations be coordinated as a single process, and compliance with all applicable environmental requirements be reflected in the environmental document required by this regulation.
  • Alternative courses of action be evaluated and decisions be made in the best overall public interest based upon a balanced consideration of the need for safe and efficient transportation; of the social, economic, and environmental impacts of the proposed transportation improvement; and of national, state, and local environmental protection goals.
  • Public involvement and a systematic interdisciplinary approach be essential parts of the development process for proposed actions.
  • Measures necessary to mitigate adverse impacts be incorporated into the action.

Levels of Environmental Actions

Federal
  • Environmental Impact Statements: Actions that significantly affect the environment;
  • Categorical Exclusions: Actions that do not individually or cumulatively have a significant environmental effect;
  • Environmental Assessments: Actions in which the significance of the environmental impact is not clearly established.

State Level

  • State Level Environmental Assessments: Actions in which the significance of the environmental impact is not clearly established;
  • Environmental Determinations: Actions that do not individually or cumulatively have a significant environmental effect;
  • Environmental Overviews: Actions that are not funded or anticipated to be programmed in the foreseeable future.

NEPA applies for any activity which involves a federal action. Federal actions include involvement of a federal regulatory agency, such as 404 permitting, involvement of a federal land managing agency such as the Bureau of Land Management or USDA Forest Service, or requiring a change of access approval from FHWA for activities on the Interstate System.

NEPA Process Flowchart

This comprehensive flowchart illustrates the various steps in the environmental process from the beginning of a highway project to the final environmental clearance. It includes hazmat, air/noise, archaeology, and so much more! A must for all practitioners involved in environmental work for ADOT.

purple arrow NEPA Process Flowchart (file size: 732KB)


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