The National Environmental Policy Act, also known as NEPA,
is an environmental law that established the decision-making process that agencies must follow
prior to the design and construction of Federally funded transportation projects
Following the right process or class of action
is important and is determined by the significance of the social, economic and environmental impact your project is likely to have
The significance of its impact, not its size or cost
will direct you to the appropriate class of action
and determine other essential elements such as documentation, public involvement, and coordination
Context, or the environmental setting, and intensity of the impact on a particular resource
are two considerations when determining the significance of impact
To explain, assume your project is not the type generally associated with a significant impact
such as adding a turn lane to an existing intersection
But what if the project is within a historic district
In this context, the environmental impact of your project may be greater than you initially assumed
As another example, let’s assume you’re displacing a private home to widen a lane on a city street
Again, this may not appear to be significant. But what if a day care facility is operated out of the home
and it’s the only one within a twenty mile radius?
The potential effects on a number of local families are felt more intensely,
and the significance of the impact may need to be examined in more detail
Depending on the significance of the impact,
there are three classes of action that may be initiated to comply with NEPA.
They include, in order of significance:
categorical exclusions, environmental assessments, and environmental impact statements
The categorical exclusion determination is for projects that are expected to have no significant impact
even so, there are requirements for documenting that expectation
On average, agencies take this route more than 90 percent of the time
The environmental assessment is for projects that have uncertainty
about whether the proposed action will have a significant impact on the environment
The purpose of this process is to clarify any uncertainty and document your finding
If no significant impacts are found, the process is concluded
Alternatively, if significant impacts are found, an environmental impact statement is completed
The environmental impact statement is completed for projects that are expected to significantly affect
the quality of our human environment
Typically, these are major transportation improvements costing millions of dollars
but not always
Significant impacts can result from minor projects in sensitive environmental or cultural areas
and highly developed urban areas as well
All Federal projects are subject to the NEPA process
each requires environmental analysis, review, and public involvement
It’s the amount of analysis and review
and the level of involvement that differs, depending on the class of action
For example, a project being processed as a categorical exclusion
may be as simple as completing a checklist, form, or memo
to document the environmental impacts of the project
On the other end of the spectrum, a project in the environmental impact statement class
will include the examination of alternatives, and perhaps additional mitigation strategies
It will also include formalized processes to collect public comments
circulate information and document findings
Your state Department of Transportation has considerable knowledge and expertise
in all areas of NEPA compliance
The people there can help you ask the right questions early on
to determine the significance of the impacts on your project
and, consequently, the appropriate class of action
The Federal Highway Administration, or FHWA
can also partner with your state DOT on behalf of your agency’s project
by providing technical assistance and coordination with other Federal agencies
The FHWA is the final authority when determining the appropriate class of action
and all other aspects related to NEPA compliance
Therefore, it’s essential that you engage the state DOT
and, when appropriate, the FHWA
early and throughout your project’s entire process