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Fundamentals of Sustainable Engineering

Fundamentals of Sustainable Engineering. Module 13 Roles of Environmental Policies, Regulations, and Innovations Dominique Lueckenhoff. 13.1. Learning Outcomes. Understanding NEPA as the First Enabling Legislation of Sustainability in the U.S. Knowledge of EPA’s Role Regarding NEPA

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Fundamentals of Sustainable Engineering

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  1. Fundamentals of Sustainable Engineering Module 13 Roles of Environmental Policies, Regulations, and Innovations Dominique Lueckenhoff 13.1

  2. Learning Outcomes • Understanding NEPA as the First Enabling Legislation of • Sustainability in the U.S. • Knowledge of EPA’s Role Regarding NEPA • Knowledge of Statutes That Define EPA’s Regulatory • Authorities • Understanding How Regulatory Streamlining Can Support • Sustainable Resource Protection & Importance of • Addressing the Triple Bottom Line • Understanding Green Infrastructure - as Practice for • Green Stormwater Management & Sustainable Water • Resource Protection U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  3. Outline • NEPA – A Visionary Policy & Precedent for Sustainability • Case Study 1 – NEPA/Regulatory Streamlining Example – Texas I-69 Project • EPA’s Regulatory Authorities and Their Relationship to Sustainability • Case Study 2 – Green Infrastructure Approaches For Sustainable Stormwater Management & Resource Protection U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  4. NEPA declares a national policy encouraging productive harmony between man and his environment NEPA is a procedural law requiring consideration of environmental effects and informed decision-making NEPA & Sustainability The National Environmental Policy Act (NEPA) of 1970: U.S. Environmental Protection Agency

  5. NEPA & Sustainability EPA Responsibilities under NEPA: • Commenting Federal agency with jurisdiction by law or special expertise • Cooperating agency • Lead agency for EPA projects • Oversight of EIS comment periods • Authority as Federal agency to refer an unsatisfactory proposal to CEQ U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  6. NEPA & Sustainability Sustainability – As Defined by NEPA • National Environmental Policy Act of 1970, national policy to: • “create and maintain conditions under which [humans] and nature can exist in productive harmony, and fulfill the social, economic and other requirements of present and future generations of Americans.” U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  7. Sets a national policy for protection of the environment Declares a national purpose to encourage harmony between people & the environment Promote efforts to prevent or eliminate damage to the environment & biosphere & stimulate health & welfare Enrich the understanding of the ecological system & natural resource important to the nation NEPA & Sustainability Lessons of Sustainability from NEPA U.S. Environmental Protection Agency

  8. Directs the federal government to: Act as trustee of the environment for succeeding generations Assure a safe, healthy, productive & aesthetically and culturally pleasing surroundings Attain the widest range of beneficial uses of the environment without degradation, risk to health & safety, or other undesirable or unintended consequences Preserve important historic, cultural, & natural aspects of our national heritage & maintain an environment which supports diversity & individual choice NEPA & Sustainability U.S. Environmental Protection Agency

  9. Preserve important historic, cultural, & natural aspects of our national heritage & maintain an environment which supports diversity & individual choice Achieve a balance between population & resource uses that permits high standards of living & a wide sharing of life’s amenities Enhance the quality of renewable resources & approach the maximum attainable recycling of depletable resources NEPA & Sustainability U.S. Environmental Protection Agency

  10. 1978 U.S. Supreme Court ruling declared that NEPA’s mandate was “essentially procedural” but these “procedural” requirements still focus on the core of sustainability…. Systematic interdisciplinary approach in planning and decision making Integrated use of natural, & social sciences & environmental design arts Consideration un-quantifiable environmental amenities & values as well as economic & technical factors in decision-making NEPA & Sustainability U.S. Environmental Protection Agency

  11. NEPA & Sustainability When Does NEPA Apply to a Decision? • Federal Agency Authority • Financed by earmarked Federal funds • Federal jurisdiction/lands • Federal permit or contract needed • PLUS • Potential for Environmental Effects U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  12. EPA’s regulatory responsibilities do not require NEPA under “functional equivalence” Agencies may take emergency action without complying with NEPA if CEQ approves after consultation Congress can exempt specific actions from NEPA compliance NEPA & Sustainability Exemptions to NEPA Compliance U.S. Environmental Protection Agency

  13. Section 309 inserted as a “rider” into the Clean Air Act: EPA reviews agency actions and NEPA documents for environmental impacts that are unsatisfactory from the standpoint of public health or welfare or the environment EPA publicly comments on environmental impacts EPA refers actions to the CEQ when warranted NEPA & Sustainability EPA Independent Authority for NEPA Oversight U.S. Environmental Protection Agency

  14. EPA shall review and comment in writing on the environmental impacts of: Federal legislation Federal construction projects Major Federal actions (EISs) Proposed Federal regulations NEPA & Sustainability EPA Section 309 CAA Review U.S. Environmental Protection Agency

  15. NEPA & Sustainability EPA Section 309 CAA Review If EPA determines that impacts are unsatisfactory from the standpoint of public health or welfare or the environment, the determination is published and the matter referred to CEQ U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  16. Generally, under NEPA, EPA cannot take enforcement action against another Federal agency EPA’s role under NEPA is to provide expertise and comments on NEPA documents EPA role under Section CAA 309 is to comment on and rate NEPA documents NEPA & Sustainability EPA’s Non-Regulatory Authority Under NEPA U.S. Environmental Protection Agency

  17. Purpose & Need Alternatives Wetlands Water Quality Air Quality Natural Resources Habitat NEPA & Sustainability SUMMARY NEPA ISSUES CHECKLIST • Hazardous Wastes • Cultural & Historic Resources • Socio-Economic Issues • Environmental Justice • Cumulative & Secondary Impacts U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  18. EPA jurisdiction by law includes CWA, CAA, RCRA, CERCLA, SDWA, TSCA, FIFRA, MPRSA Pollution Prevention incorporated into Section 309 review Environmental Justice incorporated into Section 309 review by Executive Order NEPA & Sustainability Integrating Cross-Cutting Laws (EPA) U.S. Environmental Protection Agency

  19. EPA can also comment on: Endangered Species Act National Historic Preservation Act Archaeological and Historic Preservation Act Wild and Scenic Rivers Act Coastal Zone Management Act Wilderness Act EOs for wetlands and floodplains NEPA & Sustainability Cross-Cutting Environmental Laws (non-EPA) U.S. Environmental Protection Agency

  20. Outline • NEPA – A Visionary Policy & Precedent for Sustainability • Case Study 1 – NEPA/Regulatory Streamlining Example – Texas I-69 Project • EPA’s Regulatory Authorities and Their Relationship to Sustainability • Case Study 2 – Green Infrastructure Approaches For Sustainable Stormwater Management & Resource Protection U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  21. Streamlining the NEPA and Environmental Regulatory Requirements for Transportation The “1000 Mile” Texas I-69 Project Case Study 1 – NEPA/Regulatory Streamlining U.S. Environmental Protection Agency

  22. Keys To Success: Leadership & Support Cooperation & Collaboration Early Development of Objectives Providing “Win/Win” for Participants Transparent, Integrated Planning Processes Data /Information Technology Tools Documentation & Agreement Case Study 1 – NEPA/Regulatory Streamlining U.S. Environmental Protection Agency

  23. Case Study 1 – NEPA/Regulatory Streamlining Texas IH-69 Pilot Streamlining Project • One of the original 21 • Congressional High Priority • Corridors in ISTEA (1991) • Corridor description last • amended by TEA-21 • (1998) • Over 1000 miles in Texas • An FHWA, TXDOT, EPA • Partnering Effort, Including • All State & Federal • Resource Agencies; • President’s E.O. Priority • Project • Multiple Agency GIS Data • Partnering IH-69 - The “NAFTA CORRIDOR” – 1600 Miles U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  24. Case Study 1 – NEPA/Regulatory Streamlining Sampling of Participating Agencies • U.S. Environmental Protection Agency (EPA), Region 6 • Federal Highway Administration (FHWA) • U.S. Army Corps of Engineers (USACE), Southwestern • Division • U.S. Fish and Wildlife Service (USFWS) • Texas Commission on Environmental Quality (TCEQ) • Texas Parks and Wildlife Department (TPWD) • Texas Department of Transportation (TXDOT) U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  25. Case Study 1 – NEPA/Regulatory Streamlining Definition of Streamlining A cooperative and coordinated process that assures timely, cost-effective and environmentally sound transportation planning and project development based on concurrent multi-agency review MATE Task Force, 1999 U.S. Environmental Protection Agency

  26. Texas I-69 Streamlining Project goals are: Determine study corridors and alignments that avoid or minimize adverse impacts To identify key environmental issues early in the planning process Provide a consistent information base for the preparing and reviewing agencies Foster communication with the public; and, support integrated interagency reviews and concurrence Case Study 1 – NEPA/Regulatory Streamlining “Speed is good when wisdom clears the way.” Edward R. Murrow U.S. Environmental Protection Agency

  27. Texas I-69 Streamlined Process Overview Multi-Agency Technical Advisory Committee Steering Committee Step 2 Agency Scoping Step 6 Draft EIS Step 9 Final EIS Step 1 GIS Baseline Data Step 5 CP 2 Reasonable Alternatives Step 8 CP4 Mitigation/ Commitments Step 10 Selected Alternative Step 3 CP1 Purpose & Need SIU Study Area Step 4 Preliminary Alternatives Step 7 CP3 Preferred Alternative Stage IIPreliminary Alignment Alternatives Stage IIIReasonable Alignment Alternatives Stage IVPreferredAlignmentAlternative Stage IProject Initiation/SIU Study Area Step 11 Record of Decision Prior Project Planning Permitting Design Right-of-Way Public Scoping Meeting Public Information Meeting 1 Public Information Meeting 2 Public Information Meeting 4 Location Public Hearing Public Information Meeting 3 Public Involvement 18 Participating Agencies CP – Concurrence Point D. Lueckenhoff US EPA - draft Do Not Cite or Quote U.S. Environmental Protection Agency

  28. U.S. Environmental Protection Agency tsms27\fi s\t fi 8 11d n 12/05/01 03 12 17 Pil

  29. TO Selected Alignment Alternative Preferred Alignment Alternative Stage IV (Hypothetical) U.S. Environmental Protection Agency D. Lueckenhoff US EPA - draft Do Not Cite or Quote

  30. Stage I (Hypothetical) TO SIU Study Area National Corridor D. Lueckenhoff US EPA - draft Do Not Cite or Quote U.S. Environmental Protection Agency

  31. GIS can be successfully “employed to consolidate environmental and engineering data, consider key environmental and social issues before alternatives (are) developed, and logically refine the study area to where more detailed efforts can be conducted. We find this to be a reasonable and acceptable approach.” Fred Skaer, Director (retired) Office of NEPA Facilitation U.S. Federal Highway Administration Case Study 1 – NEPA/Regulatory Streamlining Use of Geographic Information Systems (GIS) in Streamlining Transportation Analyses U.S. Environmental Protection Agency

  32. Results (Time Savings of 50-60%.) Courtesy of US EPA U.S. Environmental Protection Agency

  33. Texas I-69 GIS Data & Analysis Framework A GIS data inventory and analysis framework to support I-69 GIS Baseline Database developed by EPA & funded by FHWA - Texas Division and TXDOT TEA-21 federal-aid EPA formed an I-69 interagency (Federal and State) work group to conduct a data needs assessment and gap analysis for the I-69 corridor Mapping of Baseline Data - show locations of environmental constraints, potential areas of concern and candidate areas for large-scale mitigation Quantitative Qualitative EPA GIS Screening Assessment Tool (the screen was run through universe of NEPA issues) Case Study 1 – NEPA/Regulatory Streamlining U.S. Environmental Protection Agency

  34. Agricultural Resources Air Quality Resources Aquatic Resources Terrestrial (Wildlife) Habitat Threatened & Endangered Species Hazardous Waste & Brownfields Historic, Archeological, & Cultural Resources Physiography – Geology, Topography, Aquifers, Watersheds, Floodplains Transportation Socio-Economic Environmental Justice Case Study 1 – NEPA/Regulatory Streamlining Types of Data Compiled & Evaluated U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  35. Digital Texas The Texas Base Map Initiative • Texas Base Map Themes • 1.   Census Boundaries • 2.   Critical Infrastructure • 3.   District Boundaries • 4.   Elevation Contours • 5.   Elevation Model • 6.   Flood Hazard • 7.   Geodetic Control • 8.   Geographic Names • 9.   Land Cover • 10. Interpreted Original Texas Land Survey • 11. Orthoimagery • 12. Parcel Index • 13. Political Boundaries • 14. Remote Sensing Control Network • 15. Satellite Imagery • 16. Soil Survey • 17. Street Addressing • 18. Surface Geology • 19. Surface Water • 20. Transportation • 21. Watersheds Many States Have Developed Very Detailed GIS Environmental (& Other) Data Layers For Areas Throughout the State U.S. Environmental Protection Agency

  36. Identification of ecologically important natural resource areas (wetland, aquatic, and terrestrial) for avoidance or potential compensatory mitigation, preservation, or restoration; Streamlining regulatory processes; early identification of NEPA requirements in project planning; and Analysis of cumulative impacts Case Study 1 - NEPA/Regulatory Streamlining I-69 Streamlining-Related Data Analysis Objectives U.S. Environmental Protection Agency

  37. Vulnerability Criteria (Examples) Environmental Socioeconomic Historic/Cultural Impact Criteria (Examples) Compliance data Facility operations Monitoring data Field studies Landscape conditions Case Study 1 - NEPA/Regulatory Streamlining Data Evaluation Criteria Developed & Used As First Step in Streamlining Process – Adopted From EPA Model Early Screening/ Identification of Issues U.S. Environmental Protection Agency

  38. GISST… WHAT IS IT? GISST is a GIS-based tool developed by EPA that uses criteria which are scored to assist in initial assessment of potential environmental impacts Case Study 1 - NEPA/Regulatory Streamlining U.S. Environmental Protection Agency

  39. Case Study 1 - NEPA/Regulatory Streamlining GISST – GIS-based Screening Tool U.S. Environmental Protection Agency

  40. Case Study 1 - NEPA/Regulatory Streamlining GISST Cumulative U.S. Environmental Protection Agency

  41. Assist with planning, scoping, and analysis associated with meeting the requirements of NEPA Streamline the authorization process of large projects by narrowing the study corridors necessary for further field investigation Support mitigation discussions to avoid ecologically important areas, minimize impacts, and compensate for unavoidable impacts Serves as a planning tool that allows for a more comprehensive review process through early screening of areas that might need additional analysis for ecological sensitivity Case Study 1 - NEPA/Regulatory Streamlining U.S. Environmental Protection Agency

  42. Given its unique streamlined regulatory review, why hasn’t I-69 been built? The importance of integrating comprehensive address of environmental, economic and social issues towards achieving successful, sustainable results Case Study 1 - NEPA/Regulatory Streamlining I-69 – Lessons Learned Regarding Sustainability U.S. Environmental Protection Agency

  43. Is NEPA the first environmental regulation defining EPA’s authority? How does NEPA support sustainability? Which environmental parameters does NEPA cover? Does NEPA address non-EPA laws? What is the definition of streamlining in the context of NEPA? NEPA Discussion/Study Questions U.S. Environmental Protection Agency

  44. Outline • NEPA – A Visionary Policy & Precedent for Sustainability • Case Study 1 – NEPA/Regulatory Streamlining Example – Texas I-69 Project • EPA’s Regulatory Authorities and Their Relationship to Sustainability • Case Study 2 – Green Infrastructure Approaches To Sustainable Stormwater Management & Resource Protection U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  45. EPA created by Executive Order in 1970 for ensuring environmental quality Congress and the President identify EPA’s responsibilities in individual laws and E.O.s EPA has both regulatory authority and agency responsibility for assisting the public and private sectors in environmental protection Who is the Environmental Protection Agency? EPA’s Regulatory Authorities U.S. Environmental Protection Agency

  46. CAA - Clean Air Act CWA - Clean Water Act TSCA - Toxic Substances Control Act CERCLA - Comprehensive Environmental Response, Compensation, and Liability Act RCRA - Resources Conservation and Recovery Act SDWA – Safe Drinking Water Act FIFRA – Federal Insecticide, Fungicide, and Rodenticide Act NCA – Noise Control Act MPRSA – Marine Protection, Research, and Sanctuaries Act EPA’s Regulatory Authorities What Laws Define EPA’s Regulatory Authority? U.S. Environmental Protection Agency U.S. Environmental Protection Agency

  47. Objective: restore and maintain the chemical, physical, and biological integrity of the Nation’s waters EPA’s Regulatory Authorities Clean Water Act • National Goals – • Discharge of pollutants into the navigable waters be eliminated by 1985; • wherever attainable, an interim goal of water quality which provides for • the protection and propagation of fish, shellfish, and wildlife and provides • for recreation in and on the water be achieved by July 1, 1983; U.S. Environmental Protection Agency

  48. National Goals – Continued Discharge of toxic pollutants in toxic amounts be prohibited; Control of nonpoint sources of pollution be developed and implemented in an expeditious manner Anti-degradation - Under the Clean Water Act (CWA), once the existing uses of a water body have been established - by evaluating the water's quality relative to uses already attained - a State/Tribe must maintain the level of water quality that has been identified as being necessary to support those existing uses EPA’s Regulatory Authorities U.S. Environmental Protection Agency

  49. Under the Clean Air Act, EPA sets limits on certain air pollutants, including setting limits on how much can be in the air anywhere in the United States. This helps to ensure basic health and environmental protection from air pollution for all Americans The Clean Air Act also gives EPA the authority to limit emissions of air pollutants coming from sources like chemical plants, utilities, and steel mills. Individual states or tribes may have stronger air pollution laws, but they may not have weaker pollution limits than those set by EPA EPA’s Regulatory Authorities Clean Air Act (CAA) U.S. Environmental Protection Agency

  50. EPA must approve state, tribal, and local agency plans for reducing air pollution. If a plan does not meet the necessary requirements, EPA can issue sanctions against the state and, if necessary, take over enforcing the Clean Air Act in that area EPA assists state, tribal, and local agencies by providing research, expert studies, engineering designs, and funding to support clean air progress. Since 1970, Congress and the EPA have provided several billion dollars to the states, local agencies, and tribal nations to accomplish this EPA’s Regulatory Authorities U.S. Environmental Protection Agency

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