NEPA: The Foundation of Our Environmental Commitment

The National Environmental Policy Act (NEPA) of 1969 requires federal agencies to consider the consequences of their programs, policies and projects on the environment. NEPA is considered the national charter for protection of the environment. It identifies broad environmental policies and requires an interdisciplinary approach to planning and decision-making.

The regulations developed under NEPA require different levels of environmental assessment based on the magnitude of impacts that are expected under any specific project, such as those currently underway on I-95. Projects expected to have  significant environmental impacts usually require an Environmental Impact StatementCategorical Exclusion Evaluation (EIS). Projects projected to have with lesser impacts usually require a (CEE). Projects expected to have no environmental impacts require an Environmental Assessment (EA).

Section AFC qualifies for a CEE.

Public Involvement, along with coordination with various federal, state and local agencies, is integral to the NEPA process. This fosters strong communication and facilitates the review and approval of projects. Equally important is the exchange of information between the project team and the public. A public involvement program is essential to address public concerns and avoid controversy. Actively engaging citizens and public officials affected by a project to participate in the planning process is a key to the success of the project.

Section 106 of the National Historic Preservation Act

The United States Congress, in the National Historic Preservation Act (NHPA), developed a comprehensive program to preserve the historical and cultural foundations of the nation. Section 106 of the NHPA requires that federal agencies such as the Federal Highway Administration (FHWA) consider the effects of their actions on historic resources. Section 106 also provides consulting parties (individuals and organizations with a demonstrated interest in the project) an opportunity to comment on federally funded projects.

As stated by the Advisory Council on Historic Preservation (ACHP), Section 106 ensures that preservation is considered during project planning. For highway and bridge projects in Pennsylvania, this generally is done during the Preliminary Engineering stage of project development.

With all transportation projects involving historic resources, PennDOT first evaluates whether or not it can avoid impacting the historical or cultural resource altogether. If it cannot, options that would minimization the impact or mitigation its impacts are reviewed. When a project results in the use of a historic property, a Determination of Effect Report is prepared to determine the effect the project may have on the resource. If the effect is determined to be adverse, a Memorandum of Agreement is prepared to mitigate for the adverse effect.

We will report on these issues as they arise for each of the separate projects of I-95.