Domestic Scan:

Environmental Commitment Implementation
Innovative and Successful Approaches

CHAPTER 2: STATE CONTEXT

Federally-assisted transportation projects are developed through an environmental process that is mandated by NEPA and other applicable environmental laws. The extent of the analysis and the type of NEPA documentation required are determined by the significance of the project's impacts to the environment. The specific commitments and methods of implementation are addressed in these decisionmaking documents, and the required permits are the responsibility of the sponsoring State or local agency.

Local geography, land use patterns, natural and cultural resources, and interagency coordination are often determining factors in transportation decisions. In addition, States vary in the size of their transportation systems. In many cases, these factors can influence how a State DOT implements its environmental commitments as outlined in its decision documents and permits. The seven State DOTs that participated in the Domestic Scan reflect some of these differences.

This chapter provides brief background information on each of the States participating in the Domestic Scan. While the Domestic Scan focused on State examples, local projects can also demonstrate the same critical importance of commitment follow-through.

COLORADO

The Colorado Department of Transportation (CDOT) is a decentralized agency with six independent regions. Being an important part of a rapidly growing State, CDOT's highway system handles over 23 billion vehicle miles of travel each year. The highway construction program currently includes over 150 projects statewide, all of which are managed by CDOT but built by private contractors. CDOT's Environmental Division and Division of Transportation Development Intermodal Branch coordinate their efforts to work directly on the environmental issues stemming from these construction projects. As of February 2003, CDOT had undertaken 36 active Environmental Assessments (EAs) and 12 active Environmental Impact Statements (EISs).

The mission of CDOT's Environmental Division is to provide in a timely manner a transportation system that is environmentally sensitive and responsive. This mission is reflected in CDOT's efforts to adopt an environmental stewardship ethic. To this end, CDOT has introduced Total Project Leadership (TPL), a new project development process that differs from the traditional "stove-pipe" process by having one engineer oversee a project from planning through construction. To facilitate mitigation implementation throughout the State, CDOT developed a $4 million Environmental Revolving Fund in 2002 that is kept liquid with project reimbursements.

INDIANA

Indiana's Department of Transportation (INDOT) manages a variety of environmental issues in its projects, including wetlands, vegetation, wildlife, and water quality. The Division of Environment, Planning, and Engineering has two Environmental Sections: Environmental Assessment and Environmental Services. The Environmental Assessment Section oversees all NEPA issues before construction begins. The Environmental Services Section addresses the environmental issues inherent in maintaining project areas post-construction. Typically, these sections develop, implement, and oversee approximately 8 to 10 EAs per year and 1 EIS every 3 to 4 years. In the past few years, however, the number of EISs has risen dramatically, with 10 EISs currently being prepared.

Although INDOT is centralized, each of its six districts has an environmental coordinator. The agency is in the process of developing a statewide geographic information system (GIS) to enhance the consideration of environmental issues during project identification and development.

KENTUCKY

The Kentucky Transportation Cabinet (KYTC) has seen a 48 percent increase in Kentucky highway travel over the past decade. With a 1.7 billion dollar annual budget and with 84 percent of all State traffic occurring on its State-maintained roads, KYTC focuses on providing a safe, efficient, and environmentally sound transportation system for the movement of people and goods and on enhancing the quality of life and economic development of Kentucky. To succeed in doing this, KYTC recently changed its focus from simply building roads to building roads that enhance human and natural communities by delivering projects in a context-sensitive manner. This new way of doing business uses a holistic approach to transportation decisionmaking by improving training, encouraging environmental leadership among KYTC staff, and emphasizing context-sensitive design and solutions (CSD/CSS) to enhance the human and natural environment and quality of life. CSD/CSS is an approach that considers the total context within which a transportation improvement project will exist. Kentucky served as one of the original pilot States for the FHWA CSD/CSS initiative.

"Our journey through change has focused upon doing more when we build roads. We want to build roads that enhance the human and natural communities in which they are planned, designed, constructed, and maintained."
John Mettile, Chief Environmental Program Administrator, KYTC

KYTC's Division of Environmental Analysis approves approximately 120 Categorical Exclusions (CEs), 15 to 20 EAs and 1 to 2 EISs each year. KYTC and the FHWA Kentucky Division Office have executed a Contract for Commitment, resulting in the development of a Joint Strategic Plan that aligns the agencies together with FHWA Headquarters' "Vital Few" goals. One of the Vital Few goals is environmental stewardship, which includes a performance objective to reduce document preparation and processing times for EAs (from 24 to 12 months) and EISs (from 60 to 34 months). KYTC views environmental considerations as essential elements of all transportation projects and recognizes stewardship, partnership, leadership, and commitments as keys to its success. While the responsibilities of each of its 12 districts have increased, KYTC's structure continues to be centralized. However, it is slowly evolving toward a decentralized structure. The FHWA Kentucky Division Office has also begun to restructure itself to have an organization similar to that of KYTC, in which a single staff member remains involved throughout a project's life.

NEW JERSEY

New Jersey's Department of Transportation (NJDOT) began promoting environmental stewardship in 2001 as a result of increased concerns voiced by its communities. Presented with environmental issues such as erosion, sediment control, and hazardous waste, this centralized agency has made great strides in its environmental initiatives. As early as 1999, CSD/CSS was formally incorporated into NJDOT's procedures. In addition, NJDOT began to recognize environmental stewardship as the "environmental conscience" of CSD/CSS.

NJDOT processes on average 60 CEs, 6.5 EAs, and .5 EISs each year through NJDOT's Bureau of Environmental Services. Through interagency agreements, the Bureau of Environmental Services has created State-funded positions at both the State Historic Preservation Office (SHPO) and the New Jersey Department of Environmental Protection (NJDEP). NJDOT began promoting State-funded positions 10 years ago and continues to improve its relationships with other agencies to increase efficiency and productivity. NJDOT has also implemented a post-construction review for wetlands monitoring to assess performance and compliance with stated mitigation goals. A three to five year monitoring period is supported by NJDOT for a consultant to conduct the wetlands monitoring review. These programs and others continue to enhance NJDOT's environmental stewardship efforts.

NEW YORK

With more than two centuries of service that includes transforming former Native American trails into turnpikes, building the Erie Canal, and developing today's New York highways, mass transit systems, and jet airports, the New York State Department of Transportation (NYSDOT) manages one of the most mature transportation systems in the country. New York's State and local highways collectively accumulate over 100 billion vehicle miles annually. NYSDOT is further challenged by its array of large urban and rural areas, each with their own transportation needs and environmental issues. NYSDOT's creation of environmental positions in construction and maintenance in each of its 11 regions is one mechanism that the agency uses to ensure that regional issues are properly addressed. Regional Landscape/Environmental Units are also well established in each regional office.

NYSDOT began implementing its Environmental Initiative in 1998 as a centralized policy with decentralized implementation. This initiative has dramatically changed NYSDOT's operations, processes, and relationships with partners and stakeholders. As a result of this new initiative, NYSDOT has been recognized by AASHTO for its outstanding contribution to environmental stewardship and its strong environmental ethic. NYSDOT's former environmental manager, who is now its maintenance manager, helps to further foster environmental considerations throughout the entire transportation process. Initiating an average of 330 CEs, 40 EAs, and 5 EISs annually, NYSDOT will continue to focus on the advancement of State environmental policies and objectives and the strengthening of relationships with environmental agencies and groups.

TEXAS

The Texas Department of Transportation (TxDOT) faces a variety of challenges due to the vast size of the State and the wide range of its environmental issues. TxDOT functions as a decentralized agency: 25 district offices work independently with oversight from the headquarters office. Each district has the authority to develop and implement new initiatives and procedures as it deems appropriate. The Environmental Affairs Division (ENV) is responsible for central coordination and oversight of TxDOT's environmental program. In 2002, ENV had 677 EAs, 74 EISs, and 1 supplemental EIS in progress.

TxDOT's ENV identified four districts — Corpus Christi, San Antonio, Houston, and Austin — and the TxDOT Turnpike Authority Division to showcase successful approaches to compliance implementation: the Corpus Christi District created a new environmental position dedicated to construction projects; the San Antonio District has demonstrated an exemplary public involvement process; the Houston District has incorporated Environmental Permits, Issues and Commitments (EPIC) sheets in their project oversight responsibilities; and the Austin District was the first TxDOT district to incorporate an "environmental purpose" into construction. Finally, the Turnpike Division has initiated an Exclusive Development Agreement, which requires the contractor to employ an independent environmental compliance manager and an environmental monitoring team.

WYOMING

Wyoming is the ninth largest State, but has the smallest population and the highest number of miles driven per capita in the nation. The centralized Wyoming Department of Transportation (WYDOT) must equally consider human factors and the protection of the State's natural resources and wildlife with transportation goals. Under these conditions, balancing the public's transportation needs with environmental impacts is a major challenge. With a small population, most of WYDOT's environmental actions focus on natural resources and the activities affecting national parks and forests throughout the State.

Ninety-five percent of WYDOT's projects are CEs undertaken by consultants and reviewed by WYDOT. WYDOT approves approximately 1 EIS every 2 years and 140 CEs and 3 to 6 EAs annually. WYDOT has several highway reconstruction projects that impact scenic and environmentally sensitive areas. While working under construction time restrictions to protect wildlife and support recreation, WYDOT must also consider other construction issues, including operation of and access to parks, lodges, and surrounding businesses; traffic control and maintenance; stream issues and water quality; and vegetative disturbance and restoration. Despite these challenges, WYDOT continues to demonstrate a strong environmental ethic throughout its projects.

ADDITIONAL STATES

Many States that did not participate in the Domestic Scan have also been successful in implementing environmental compliance. Appendix C presents a list of other States and agencies that have been identified by the Domestic Scan Team for their own successful environmental commitment implementation. Appendix C includes a brief description of the State's activities and contact information. These nationwide successes serve as a sampling of other approaches that successfully implement environmental commitments.

Back to Top