Highway engineering handbook second edition

to get more civil engineering textbooks, handbooks, guidebooks, references, journals and much more visit us at: http://sipilteknik.blogspot.com/ Source: HIGHWAY ENGINEERING HANDBOOK CHAPTER 1 ENVIRONMENTAL ISSUES* Darryl Shoemaker, Ph.D., Jack Allen, Margaret Ballard, Stephen David, and George Eliason HDR Engineering, Inc. Minneapolis, Minnesota Environmental issues play a major role in the planning, design, construction, and reha-bilitation of highways. Indeed, their prominence has grown as the public has become increasingly informed on environmental issues and associated requirements. This chap-ter provides an overview to lend guidance in understanding environmental issues, and information to aid in the process of effectively addressing the various requirements in this area. It begins with an overall review of the numerous federal laws and regula-tions that must be considered. A thorough discussion is provided of the requirements of the National Environmental Policy Act and the preparation of environmental impact statements. Information is presented on the important topics of storm water pollution prevention and lead-based paint removal and containment. The chapter concludes with a discussion of resource recovery and the use of waste material, including the recycling of hazardous wastes. 1.1 FEDERAL LAWS AND REGULATIONS Federal environmental laws and regulations may affect planning, design, construction, and rehabilitation of the infrastructure. The objective of environmental legislation is to protect the health and welfare of the general public. Primary legislation has been developed by the federal government, and the authority for implementing the laws has been given to various federal agencies. State-level environmental legislation has, in general, followed or expanded upon federal objectives and programs. Increasingly, states are being given powers to implement federal programs. This has led to further state involvement in promulgating laws, regulations, and judicial interpretations. Federal legislation, and, therefore, requirements for compliance, have been steadily evolving. The information in this section is intended to provide the highway engineer and other interested parties with a basic understanding of the legal framework in which *Revised and updated from “Environmental Issues” by Cheryl Bly Chester, P.E., Chap. 1 in the First Edition. 1.1 Downloaded from Digital Engineering Library @ McGraw-Hill (www.digitalengineeringlibrary.com) Copyright © 2004 The McGraw-Hill Companies. All rights reserved. Any use is subject to the Terms of Use as given at the website. ENVIRONMENTAL ISSUES 1.2 CHAPTER ONE environmental compliance requirements were developed, what they are intended to address, and how to find current information on the constantly changing federal, state, and local agency regulations specific to a proposed project. Federal laws are codified in the U.S. Code (USC) and are enacted by Congress. Federal regulations are codified in the Code of Federal Regulations (CFR). Department of Transportation regulations are codified in Title 23 CFR-DOT regulations. The environmental regulations discussed in this chapter are found in Title 40 CFR-EPA regulations. Executive orders are issued by the President of the United States to mandate policy on specific issues. A few executive orders relevant to highway engineering have been included in this discussion. Executive orders designate the implementing agency, which generally responds by promulgating guidelines or issuing directives to address the stated policy. Table 1.1 indicates the environmental laws discussed in this chapter, the USC designations that apply, and which federal agency has the implementing authority. 1.1.1 National Environmental Policy Act (NEPA) The National Environmental Policy Act (NEPA) of 1970 (with amendments) is the most important environmental legislation to be considered by highway engineers when planning or implementing highway projects. NEPA applies to all federal government agencies and the programs and projects that they manage, permit, or fund. NEPA mandates that the environmental implications of all federally funded programs or projects be evaluated and disclosed to the public. The purpose, foundation, and major provisions of NEPA are discussed in the following paragraphs. Implementing procedures are dis-cussed in Art. 1.2. The purpose of NEPA is “to declare a national policy which will encourage produc-tive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.” Under Title I, Section 101, of NEPA, Congress declares that it is the “…policy of Federal Government, in cooperation with State and local governments, and other con-cerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations.” Section 101 also states that this policy should be “consistent with other essential considerations of national policy.” NEPA, Title I, Section 102, states that, among other things, “a systematic and inter-disciplinary approach” should be utilized to ensure “the integrated use of the natural and social sciences and the environmental design arts in planning and decision making.” A major provision of NEPA under Title I, Section 102(2)(C), sets forth requirements for environmental impact statements (EISs), which are required for every federal project “significantly affecting the quality of the human environment” to determine and document that the purpose of NEPA is fulfilled. NEPA, Title I, Section 102(2)(C) and Section 1508, established the framework for the guidelines and requirements for what federal agencies must do to comply with the procedures and achieve the goals of NEPA. Section 1508 emphasizes that federal agencies shall: Interpret and administer the policies, regulations, and public laws of the United States in accordance with the policies set forth in NEPA and in these regulations. Downloaded from Digital Engineering Library @ McGraw-Hill (www.digitalengineeringlibrary.com) Copyright © 2004 The McGraw-Hill Companies. All rights reserved. Any use is subject to the Terms of Use as given at the website. ENVIRONMENTAL ISSUES ENVIRONMENTAL ISSUES 1.3 TABLE 1.1 Summary of Environmental Laws, USC Designators That Apply, and Implementing Authority National Environmental Policy Act, 1970 (42 USC §4321 et seq.)—Executive Office of the President, Council on Environmental Quality Clean Air Act (42 USC §7401 et seq.)—U.S. Environmental Protection Agency (EPA) Noise Control Act, amended 1978 (42 USC §§4901–4918)—U.S. EPA Clean Water Act, 1977 (33 USC §1251 et seq.)—U.S. EPA, Army Corps of Engineers Safe Drinking Water Act (SDWA; 42 USC §300)—U.S. EPA Resource Conservation and Recovery Act (RCRA), 1974, amended 1984 (42 USC §6901 et seq.)— U.S. EPA Toxic Substances Control Act (TSCA), 1976–1986 (15 USC §2601 et seq.)—U.S. EPA Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 1980 (42 USC §9601 et seq.)—U.S. EPA Superfund Amendments and Reauthorization Act (SARA), 1986 (42 USC §6991 et seq.)—U.S. EPA Intermodal Surface Transportation Efficiency Act (ISTEA), 1991 (23 USC §109, Section 1038)—U.S. Department of Transportation (DOT) Farmland Protection Policy Act, 1981 (73 USC §4201 et seq.)—U.S. Department of Agriculture Floodplain Management, 1977, Executive Order 11988 Federal Coastal Zone Management Act, 1984 (16 USC §§1451–1464)—U.S. Department of Commerce Wild and Scenic Rivers Act (16 USC §§1271–1287)—U.S. Department of the Interior (DOI) Protection of Wetlands, 1977, Executive Order 11990 Fish and Wildlife Coordination Act (16 USC §§661–666)—U.S. DOI, Fish and Wildlife Service Federal Endangered Species Act (ESA) (16 USC §£1531–1543)—U.S. DOI, Fish and Wildlife Service Department of Transportation Act, Section 4(f) [49 USC §1653(f)]—U.S. DOT Rivers and Harbor Act, 1899 (33 USC §401, et seq.) National Historic Preservation Act (16 USC §470 et seq.)—Advisory Council on Historic Preservation Historic Sites and Buildings Act of 1935 (16 USC §£461–471) Protection and Enhancement of the Cultural Environment, 1971, Executive Order 11593 Reservoir Salvage Act, 1960 (16 USC §469) The Archaeological and Historical Preservation Act, 1974 (16 USC §469) Archaeological Resources Act, 1979 (16 USC §470 et seq.) Native American Grave Protection and Repatriation Act of 1990 Land and Water Conservation Fund Act of 1965, Secion 6(f) Federal Cave Resources Protection Act of 1998 Considering Cumulative Effects under the National Environmental Policy Act, 1997 Guidelines, Executive Office of the President, Council on Environmental Quality Native American Religious Freedom Act, 1978 (42 USC Section 1996) Uniform Relocation Assistance and Real Properties Acquisition Act of 1970 Federal Actions to Address Environmental Justice, Minority Populations and Low-Income Populations, Executive Order 12898 Migratory Birds, Executive Order 13186 Invasive Species, Executive Order 13112 Downloaded from Digital Engineering Library @ McGraw-Hill (www.digitalengineeringlibrary.com) Copyright © 2004 The McGraw-Hill Companies. All rights reserved. Any use is subject to the Terms of Use as given at the website. ... - tailieumienphi.vn