EPG

Presentation Outline
• Where – we fit in ADOT
• Who – we are and what we do
• Why – we do what we do
• What – affects what we do
• How – we do what we do

ADOT Mission
To provide products and services for a
safe, efficient and cost-effective
transportation system that links Arizona
to the global economy, promotes
economic prosperity and demonstrates
respect for Arizona’s environment
and quality of life.

Two Sections = One Group
• Environmental Planning Section
• Environmental Technical Section

Environmental Planning Group (EPG)
The Environmental Planning Group
provides environmental services for
transportation activities through
compliance with regulatory
requirements, providing the highest
level of professional technical support
and education to our agency and
customers, while building cooperative
relationships with other government
agencies and the public.

Our Background?
•
•
•
•
•
•
•
•
•

Planning
Biology
Archaeology
Engineering
Geology
Hazardous materials
Environment/Ecosystems/Natural Resources
Business & Management
Bachelors, Masters, PhDs
Etc., etc…

Who Are We?
• FTEs
• On call consulting firms
• Phoenix, Flagstaff, Tucson Locations

What Do We Do?
• Everything in the 5 year program is cleared
(NEPA) through EPG, as well as...
Subprogram projects, such as traffic
signals, pavement preservation
PreDesign
- EAs, EISs, CEs, EDs, EOs
• Special studies, e.g., air, 404, noise, hazmat,
biology, cultural resources

-

In support of and separate from clearances

Why We Do What We Do?
In the Beginning…There was NEPA
(National Environmental Policy Act of 1969)
to encourage productive and enjoyable harmony
between people and the environment;
promote efforts that will prevent or eliminate
damage to the environment;
AND, it required that Federal agencies employ an
interdisciplinary approach in related decisionmaking

Then there was…
Federal Regulations:
Title 23 - Highways, Part 771 :
Environmental Impact and Related
Procedures
applied NEPA to Federal Highway
Administration Activities

Lead Agency
• Federal Funded

• State Funded: Federal Nexus

And What Else Do We Do?
• Policy and procedure development/input
• Support outside of ITD – Development
• Maintenance Support
• Training/education
• Assist local governments
• Project tracking/technology applications

What Affects Us…
The Big Picture:
•
•
•
•
•

SAFETEA - LU reauthorization
Federal agencies
New regulations/laws/policies
Environmental advocacy groups
Legal challenges/courts
Purpose and need, EJ, cumulative
effects, 404, T&E, Air Toxics
• Public priority

Middle-sized Picture:
• Stewardship/streamlining
• Preserve and enhance
• Changing the organization/culture
• Context Sensitive Solutions
• Public outreach
• Partnering

Little Picture:
• 155 projects cleared in ’06
• 98 bid (760 million value) in ’06
• 300-350 active environmental clearances
underway
• 30-100 maintenance projects

Accomplishments and Goals
• Customer focus
• Partnering/Agreements
• Standardizing processes (documents,
reporting, consultants, etc)
• Exploring efficiencies/QC/consistency
• Developing policies and procedures
• Technology applications

Accomplishments and Goals
• Tracking and measurements
• Scheduling/flowcharting
• Policy level analysis and
recommendations
• Education/training
• Research
• Awards and recognitions

When do we get there?

… its an ongoing, continuous process.

Environmental Planning Group
The (multimodal) path we are on…
Has a long term vision to “be the best.”
• Is focused on continued increased
quality, improved efficiency, and
enhanced customer service.
• Considers where we have been, what
we have done, and what lies ahead - for
us and for our customers.
•

Questions…?

ADOT Environmental
Planning Group Biology
Team Process
On-Call Presentation
October 2006

Biology Process Presentation
-

Inform new on-call consultants of biology
considerations taken on ADOT projects and
in the process:
• Discuss how biology fits in the schedule
• What can the on-call do to make sure a project
remains on schedule
• Discuss common mistakes on Biology and ADOT
projects

Environmental Laws Applicable to ADOT and
the Biology Team Process
Partial list of Federal and State
laws
• Endangered Species Act
• Clean Water Act
• Migratory Bird Treaty Act
• National Environmental Policy Act
• Fish and Wildlife Coordination Act – impact mitigation to wildlife
resources.
• Arizona Game & Fish Conservation & Management – requires
coordination with Arizona Game & Fish Department on potential
impacts to fish & wildlife.
• Arizona Native Plant Law – salvage permits required for removal
and salvage of protected species.
• Various Federal Land Management Plans – many times these
identify sensitive species
• Executive Order 13112 on Invasive Species

Biology Team Reviews and
Coordinates
• Threatened and Endangered
Species
• Sensitive Species (Tribal and
Federal)
• Arizona Species of Concern
– Special Status Species
– Protected Native Plants

• Invasive Species
• Wetland and Riparian Areas

Biology Documents
Biological Review (BR)
Biological Evaluation (BE)
Biological Assessment and Evaluation (BA&E)
In-House Biology Clearance Memo (ADOT)

Note: Level of documentation
And survey effort is usually determined
in the PDS stage

Surveys – When do we do them
and why?
• General habitat evaluation
surveys
• Species specific surveys
• Many Threatened and
Endangered species have
survey protocols.
• Note: Important - these should be determined
at the PDS stage as well.

Sensitive Species
• Coordination with adjacent land
managing agencies is necessary.
• Most federal land managing
agencies and tribes maintain a list
of sensitive species
• Some Examples: Forest Service,
BLM, National Park Service,
Navajo Nation
• Policies and Procedures are not
necessarily straightforward when
addressing these species.

Invasive Species
• Based upon “Executive Order
13112” on invasive species,
dated February 3, 1999.
• EEG coordination with Natural
Resources
• Standard mitigation
• Non-standard mitigation

Arizona Species of Concern
Special Status Species and
Protected Native Plants

•

Special status species
- Game and Fish Scoping Guidance

• Protected Native Plants

The Endangered Species Act
Threatened and Endangered Species

•Threatened- means that a species is likely to become
endangered if it is not protected.
•Endangered- means that a species is in immediate danger of
becoming extinct and needs protection to survive.
•Candidates- are those species for which the Fish and Wildlife
Service has enough information on file to list as threatened or
endangered, but listing has been precluded by other agency
priorities.
•Proposed- species that have been proposed for listing as
endangered or threatened but for which no final ruling by the
Department of the Interior has been made.

Threatened and Endangered
Species Effect Determinations

•
•
•
•

No effect
May affect, not likely to adversely affect
May affect, likely to adversely affect
Jeopardy

No Effect
• Most ADOT projects
• This is the appropriate conclusion when the
action agency determines the proposed
action will not affect a listed species or
designated critical habitat
• USFWS does not require BE review.
However, adjacent landowners such as the
FS or BLM may still review.

May Affect Not Likely to
Adversely Affect
• Informal Consultation with USFWS and
Federal agency or designated nonFederal representative is required
• This determination requires USFWS
concurrence
• Once a BE has been submitted the
USFWS has 30 days to provide a
written response as to whether or not
they concur with the determinations

May Affect, Likely to Adversely
Affect
• Formal Consultation is required
• Biological Opinion is issued
• In many cases an incidental take
statement is issued
• This process takes 135 days to complete

Biology Schedule
• General Projects
• Projects with agency concurrence
required – FS, BLM, Navajo
• What can the on-call NEPA planner do to
make sure a project remains on
schedule

Document Reviews – Common
Mistakes and Things to Consider
• Discuss the project in detail with the
regional biologist prior to starting work
• Schedule field reviews and surveys for the
appropriate time of year.
• Make sure the analysis matches the
determination of affect
• Follow guidance! Call the regional
biologist for questions or clarifications.

For further information please visit
adotenvironmental.com
Click on Guidance then
Click on Biological Evaluations

•
•
•
•
•
•
•
•

Biological Evaluations
ADOT Biological Regions
Biological Procedures
Biological Scoping Guidelines
Outline for Biological Evaluations
Biological Review Form
Noxious Weed Survey Request
Geotechnical Investigation Biological
Clearance Form
• Biology Process Flowchart
• Guidelines for Handling Sonoran Desert
Tortoises

Comments or Questions?

Air Quality
Project Process

NEPA Documentation

• Air Quality – Two requirements to
consider
– Transportation Conformity
– Project-level conformity

What is Transportation Conformity?
• Required under the CAA Section 176(c) …..
-Transportation plans, programs and projects
cannot:
- create new National Ambient Air Quality
Standard (NAAQS) violations
- increase the frequency or severity of
existing NAAQS violations or
- delay attainment of the NAAQS

What is Project-level Analysis?
• Analysis to satisfy transportation conformity
• Alternatives analyzed
• Examination of localized circumstances

Project Data Sheet (PDS)
Process
• Project Description
– Brief scope, project location
• Determine if project is adding capacity or significantly
altering alignment
– Yes,
– No,

PDS - Process
• Is project in a non-attainment or maintenance area?

• Yes, Air Quality analysis can be in the form of……
- Qualitative analysis – simplified analysis
- Qualitative evaluation report
- Quantitative (modeling) report
• No, conformity determination does not apply.

Air Quality Analysis
• Qualitative analysis
– Boiler-plate language
– Tailor language to project description
• Quantitative analysis
– Consultant does modeling
• Mobile 6.2 (emissions model)
• CAL3QHC (dispersion model)

Any Questions?

References
Arizona Department of Environmental Quality
- http://www.adeq.state.az.us/environ/air/plan/notmeet.html
EPA Office of Air Quality Planning and Standards
- http://www.epa.gov/oar/oaqps
- http://www.epa.gov/oar/oaqps/peg_caa/pegcaain.html

Federal Highway Administration Air Quality Website
- http://www.fhwa.dot.gov/environment/aqupdate/index.htm

WHAT’S ALL THE
NOISE ABOUT NOISE?

NOISE FACTS
• Noise is both PHYSICAL and
PSYCHOLOGICAL.
• PHYSICAL - Noise energy is a spherical
pressure wave.
• PSYCHOLOGICAL - hearing is one of
the five senses, but everyone has a
slightly different tolerance.

Sound Pressure and
Human Sensory Response
combine to produce
SOUND PRESSURE LEVEL

NOISE LEVELS
•
•
•
•

140 dBA
70 dBA
50 dBA
0 dBA

Threshold of Pain
Noisy
Quiet
Threshold of Hearing

NOISE ENERGY
• A 3 dBA change is the THRESHOLD
OF PERCEPTION.
• A 10 dBA reduction requires a 90%
energy reduction.
• DOUBLE the source energy - increase
sound level by 3 dBA.
• HALVE the source energy - decrease
sound level by 3 dBA.

NOISE IMPACT ANALYSIS
• Evaluate project location.
• Identify sensitive noise receptors.
• Obtain site-specific data (traffic
volumes, geometrics, receptors, etc.)
• Utilize FHWA-approved models.
• Compare predicted noise levels to
Criteria Levels.
• If necessary, propose mitigation.

NOISE POLICIES
• FHWA Noise Policy
• ADOT Noise Policy

NOISE ABATEMENT
CRITERIA
• 67 dBA for residences, motels, schools,
churches, libraries, and hospitals.
(FHWA)
• 64 dBA (ADOT).

MITIGATION
• Break the Line of Sight with Barriers
– Walls
– Berms

NOISE BARRIERS
• Breaking the Line of Sight gives 5 dBA
reduction (barrier about 6 feet tall)
• Each additional 2 feet of height provides
about 1 dBA reduction.
• A 16 foot tall barrier may provide about
10 dBA reduction.

Environmental Planning Group:
Historic Preservation Team
Linda Davis, Team Leader (Phoenix)
Matt Mallery (Flagstaff)
John Lindly (Phoenix)
David Zimmerman (Flagstaff)
Melissa Reuter (Tucson)
Nina Swidler (Flagstaff)

What We Do and Why We’re Here
Over 30 Federal and State
Laws apply to the treatment
of historic properties.
Federal projects must comply
with the National Historic
Preservation Act of 1966 (16
USC 470). AKA “Section
106”
Projects done with ADOT
(State) funds must comply
with ARS §41-864

The laws allow for Section
106 to be done in conjunction
with the NEPA Process
Compliance for Federal and
State laws are done very
similarly.
A project that is exempt from
NEPA may not be exempt
from Section 106 or State Act
compliance.

Schedule
Involving the HPT specialist in
the scheduling process allows
for more accurate schedule
estimates.
Additional survey may be
needed for new ROW or
temporary construction
easements (TCEs); identifying
these early keeps the project
running smoothly.
Schedules for historic
preservation compliance
depend on numerous variables.
Schedules will be projectspecific.

Information needed for consultation
A description of the
undertaking (project)
The area of potential effect
(APE)
Land jurisdiction
Consulting parties
List of all previous reports
identifying historic properties
within the APE.
Identification of all historic
properties within the APE,
along with their National
Register significance.

Recommendation of the
effect of the project on
historic properties.
Attachments: new cultural
resources surveys,
concurrences for adequacy
of previous reports, map of
project APE, avoidance
commitments from Project
Manager.

Effect Determinations
Effect determinations are made by the Federal
Agency.
“No Potential to Affect”
“No Historic Properties Affected”
“No Adverse Effect”
“Adverse Effect”

Consultation
Consultation involves
communication between
agencies regarding the
project and its effect on
historic properties.
Consultation is done with
SHPO, land managing
agencies, and Native
American Tribes, when
appropriate.
Under the current
Programmatic Agreement,
ADOT can consult on behalf
of FHWA.

HPT & The Environmental Document
The Cultural Resources
Section of the
Environmental Document
can be completed when:
– Consultation is complete
– An agreement is in place
that binds the consulting
parties to completing the
consultation process
(MOA or PA).

The Environmental
Document documents
the compliance with the
state and federal laws
regarding historic
properties.

When Historic Properties Can’t be
Avoided: The “Adverse Effect”

If “data recovery” is required,
additional agreements may
need to be negotiated
between the consulting
parties.
Data Recovery Plans need to
be reviewed by consulting
parties prior to
implementation.
Reports need to be reviewed
and found adequate prior to
construction activities.
Archaeological excavation is
not the only way to mitigate
an “adverse effect”

Is it over?
HPT’s process may not end with
the completion of the
Environmental Document.
Consultation may end by
concurrence with the effect
determination by consulting
parties.
Consultation may be required
until project designs are
complete, depending on the
project.
The agency determines when
consultation is over, and will
notify the NEPA Planner when it
is complete.

Consultation may
need to be re-started
because of changes in
the scope of the
project.

Tracking your project’s process
Working closely with your HP
Specialist keeps the project
from getting off-track.
Be sure to inform HPT if
there are any changes to a
project scope, since such
changes could necessitate
re-initiating consultation.
The more changes that are
made to project designs after
the effect determination is
made, the longer the process
can take.

HPT Process: Review
Consultation is projectspecific. HPT requires
specific information in order
to consult.
Changes in scope may
require the process to be restarted.
Good communication with
your NEPA Planner and HP
Specialist will keep the
process moving smoothly.

Resources
YOUR BEST RESOURCE IS YOUR HPT SPECIALIST

The HPT Handbook includes
information on process, as well
as links to laws, regulations,
and procedures.
http://www.adotenvironmental.com

Defined
Section 4(f), of the US Department of Transportation Act of 1966, states
that the Federal Highway Administration “…may approve a
transportation program or project…requiring the use of publicly owned
land of a public park, recreation area, or wildlife and waterfowl refuge of
national, State, or local significance, or land of an historic site of
national, State, or local significance (as determined by the Federal, State,
or local officials having jurisdiction over the park, area, refuge, or site)
only if…there is no prudent and feasible alternative to using that land;
and…the program or project includes all possible planning to minimize
harm to the park, recreation area, wildlife and waterfowl refuge, or
historic site resulting from the use.” (49 U.S.C. 303[c])

STEP 1
Do you have an
eligible 4(f)
resource?

4(f) Resources

Public parks and
recreation areas

4(f) Resources
Wildlife and
waterfowl refuge

4(f) resources

Historic sites

You Have Determined That You
Have an Eligible 4(f) Resource

NOW WHAT????

Determine if the Transportation
Project have a Use of the 4(f)
Resource!

First Use
When a 4(f) Resource Is Permanently
Incorporated Into a Transportation Facility

Second Use
When There Is a Temporary Occupancy
of Land That Is Adverse in Terms of
the Statute’s Preservationist Purposes

When is a temporary use not
4(f)?
- The land use is of short duration (defined as less
than the time needed for the construction
phase)
- There is no change in ownership of the land
- The transportation agency has no long term
interest in the land
- There are no permanent adverse changes to the
resource
- The project involves only a minor portion of the
resource

Third Use
Constructive Use of the Resource

What is not constructive use
• When there is a finding of "No adverse
affect or no affect” under Section 106
• When project noise does not exceed
FHWA noise thresholds
• When impacts are mitigated to a level
equal or better than pre-existing
• When a change in access is minor

Negative declaration / Section
4(f) Statement and determination
for Independent Bikeways or
Walkways

OK, you have determined that
you will have an Affect to a 4(f)
Resource.
WHAT DO WE
DO??!!

Determine if there are any
feasible or prudent alternatives to
the action that affects the 4(f)
resource

You have determined that you have an
eligible 4(f) property that you will affect,
and there are no reasonable or prudent
alternatives.

Where do we go
from here?

Ensure all efforts to minimize
harm to the 4(f) Resource have
been have been employed and
develop sound mitigation

Mitigation Examples
• Replace lost habitat through revegetation
• Screen views through landscaping
• Replace lost features, such as benches,
playground equipment, etc
• Replace lost land with land of equal value
and utility

Programmatic vs. nonprogrammatic 4(f)
•Programmatic vs non-programmatic 4(f) allows a
FHWA Division to decide whether or not they
have the authority to approve a 4(f) in their office
or if it needs to go to Washington for approval.
•We have no regional or state programmatic
agreements

Categorical Exclusions and 4(f)
• Programmatic CE
- 4(f) feature that will
be avoided. No Use
- No 4(f) features

• Non-programmatic CE
- 4(f) resource in close
proximity with
potential constructive
use
- any determination
necessary by FHWA

Thank you
More information is available at:
http://www.fhwa.dot.gov
http://www.adotenvironmental.com

TO CONDUCT PISA
(e) a person who does not qualify as an environmental
professional under the foregoing definition may assist in
the conduct of all appropriate inquiries in accordance
with this part if such person is under the supervision or
responsible charge of a person meeting the definition of
an environmental professional provided above.

CURRENT HAZWOPER + 3
YEARS EXPERIENCE CONDUCTING
PHASE 1, ENVIRONMENTAL SITE
ASSESSMENTS.

VIDEO
LOG
REVIEW

OLD
VIDEO
LOG
REVIEW

JUST IMAGINE THIS IS A BEAUTIFUL
NEW, 1970s MOBIL GAS STATION ON
THE ROADSIDE OF US 60 AT MP 213.50.
I-40 (WB) from 259.00 to 1141.00
Year:
Route &
Milepost
Range:

!
OLD VIDEO AVAILABLE – 1970 -- 1990

OLD AND
NEW VIDEO
LOG AVIALABLE
FROM ADOT
AT NO COST
YOU SUPPLY
A LARGE
PORTABLE
HARD DRIVE

DEFINED “PHASE I” SCOPES

ADOT has determined that the level of effort required to satisfy the PISA
requirement falls into one of three categories. The three categories,
describing increasing levels-of-effort, are provided below. These categories
are followed by a description of three “triggers”, or major conditions, that
should be considered in choosing the classification. The three categories
and three triggers are the same ones used on the SCAPEGOAT checklist.

SCOPE 1 – Video Log Review Only (VLR)

ADOT maintains a Video Log of every mile of State and Federal highway in
the state of Arizona, updated annually. ADOT provides free access to this
resource to all consultants, and also offers the video log for restricted sale for
contractors to use on ADOT projects. The video log is a valuable tool for
prescreening projects prior to scoping, and for performing virtual corridor tours
for a variety of purposes. For the hazmat assessment purpose, the video log
may be used to preview the project corridor for the location of potential
hazardous materials sites and general characterization of land use. For many
projects, the video log review alone is adequate to make a determination
whether further hazardous materials assessment should be performed.

EXAMPLE: the video log reveals that the project is located on an isolated,
undeveloped stretch of rural highway with no site development of any kind
adjacent to the right of way. With review by an appropriately qualified
hazardous materials specialist, general comments can be made as to the low
probability of hazardous materials impacts in such a setting. If the project
doesn’t involve any of the triggers, this level of effort could be adequate for this
type of project. The Scope 1 level of effort would be completed prior to the cost
estimate submittal, and could constitute the hazmat review for the project.

SCOPE 2 – Video Log Review + Environmental Records Search (VLR+)

This scope includes the video log review described in Scope 1, plus
ordering and review of an environmental records search, typically using a
subcontracted database services provider such as EDR, Vista, or All Lands
Title. If the Scope 1 review identifies areas of concern that the assessor
believes would warrant a review of specific regulatory records, this step
could be added. The addition of the records review provides data on
hazardous materials sites that are known to exist and listed on state and
federal databases. The Scope 2 level of effort would be included in the cost
estimate for the project, and would be commenced upon Notice to Proceed
from ADOT.

SCOPE 3 – Preliminary Initial Site Assessment (PISA)

This is the scope of work that has commonly been expected for every project
by ADOT in the past. It includes a records review, possibly a video log review,
and a reconnaissance (field review) of the project site by a qualified assessor
(trained in hazardous materials issues and approved by ADOT). This scope
of work provides a snapshot-in-time of the physical conditions of a corridor,
with the additional knowledge of known, listed sites. The assessor can look for
physical signs of hazardous materials releases, field-verify site locations listed
in the records search, and make judgments as to the likelihood of impacts
affecting the project corridor based on distances, project scope, etc. This
scope also provides the most up-to-date information, since the video log is
only shot periodically for a given area. A summary of the findings of the PISA
would be prepared in a brief report that would include the records review,
photographs, figures including tabular information on sites of concern,
and findings and recommendations of the assessor.

SUMMARY

This protocol for deciding level of effort is measured (provides
incremental level-of-effort), portable (can be used by other consultants),
and defensible (follows elements of the ASTM method, increasingly as
you move closer to the full ISA). The checklist provided as Attachment
A can be easily attached to ADOT’s Project Data Sheet as justification
for the level of effort. As more planners see the form and the justification
logic, they will accept the format and the idea that there is a range of
effort (and cost) for the hazmat assessment task. ADOT will benefit by
all consultants moving toward this type of modular approach and provide
hazmat assessments that are more appropriately scoped based on the
specifics of a project.

SCAPEGOAT
SCOPING CHECKLIST / ASSESSMENT PROTOCOL /
ENVIRONMENTAL GROUP / OTHER APPROVAL TOOL
To be used for determining appropriate level -of - effort for hazmat

investigation

TRIGGERS:
1)

R/W Acquisition?

2)

? Yes___
Ground disturbance

3)

Yes___

No___

Details:

No___

Details:

Development density? Details (type of development, location, etc.):

LEVEL OF EFFORT:
VLR _____ Justification:
VLR+ _____ Justification:
PISA _____ Justification:
ISA _____ Justification:
Comments:

On -Call QHA Signature / Date:__________________________________
On -Call NEPA Planner Signature / Date: ___________________________
ADOT NEPA Planner Signature / Date:____________________________

Title VI and Environmental
Justice Overview

Overview of Title VI and
Environmental Justice
 Title

VI Legislation and Regulations
 Transportation Laws
 Environmental Justice Executive Order
12898, USDOT Order and FHWA Order
 ADOT Guidance
 FAQs/FRCs
 Review Process

Title VI Legislation
No person in the United States shall, on
the ground of race, color, or national
origin, be excluded from participation
in, be denied the benefits of, or be
subjected to discrimination under any
program or activity receiving Federal
financial assistance.

USDOT Title VI Regulations
In determining the site or location of
facilities, a recipient or applicant may
not make selections with the purpose or
effect of excluding persons from,
denying them the benefits of, or
subjecting them to discrimination under
any program to which this regulation
applies on the grounds of race, color, or
national origin… (49 CFR 21.5(b)(3))

Title 23 - Highways, Part 771 - Environmental
Impact and Related Procedures
 Decisions

be made in the best overall
public interest upon a balanced
consideration of the need for safe and
efficient transportation; of the social,
economic, and environmental impacts
of the proposed transportation
improvement;
 Public involvement and a systematic
interdisciplinary approach be essential
parts of the development process for
proposed actions.

Environmental Justice
 Executive
–
–
–
–
–

Order 12898
Consistent with Title VI of the Civil
Rights Act
Introduced Low Income
Introduced disproportionate impacts
No specific format for analysis
Integrate analysis in appropriate
manner

Related Statutes
These populations are addressed by other
non-discrimination statutes:
•
•
•
•
•

Age
Disability
Physical or mental handicap
Gender
Religion

Executive Order 13166
Improving Access to Services for Persons
with Limited English Proficiency
 Requires

outreach include people of
limited English proficiency (people who
cannot read and low literacy
populations)

Environmental
Justice

Title VI
Gender

Race
Low-Income

Minority

Age

National
Origin
Color

Religion
Disability

Environmental Justice
 Distribution

and effects of environmental
problems and the policies and processes to
reduce differences in who bears
environmental risks.
 Concern for the disproportionate risk burden
placed upon any population group as defined
by gender, age, income, and/or race.
 The fair treatment and meaningful
involvement of all people with respect
environmental laws, regulations, and policies.

Environmental Justice
 Principles
–

–
–

Consider
• the composition of the affected area
• the potential for multiple or cumulative
exposure
• the interrelated cultural, social,
occupational, historical, and economic
factors
Develop effective public participation
Assure meaningful community
representation

Definition of Low Income




Low-Income
• A household income at or below the
Department of Health and Human Services
poverty guidelines for the year 2000.
Low-Income Population
• Any readily Identifiable group of lowincome persons who live in geographic
proximity, and, if circumstances warrant,
geographically dispersed/transient persons
(such as migrant workers or Native
Americans) who would be similarly affected
by a proposed FHWA program, policy, or
activity.

Definition of Minority
Minority
means a
person who
is:








Black (having origins in any of the black racial groups
of Africa);
Hispanic (of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin,
regardless of race)
Asian American (having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands); or
American Indian and Alaskan Native (having origins
in any of the original people of North America and
who maintains cultural identification through tribal
affiliation or community recognition).

Minority Population
 Any

readily identifiable groups of
minority persons who live in geographic
proximity, and if circumstances warrant,
geographically dispersed/transient
persons (such as migrant workers or
Native Americans) who will be similarly
affected by a proposed FHWA program,
policy, or activity

Definition of Effect
 Adverse

effect - totality of significant
individual or cumulative human health or
environmental effects
 Disproportionately high - an effect that:
1) is predominately borne by a Title VI/ EJ
population; or
2) will be suffered by the Title VI/ EJ
population and is appreciably more severe
or greater in magnitude than the adverse
effect that will be suffered by the non Title
VI/ EJ population.

ADOT EJ/Title VI Guidance
 Is

there an adverse effect?
 Is there an EJ/Title VI (protected)
population?
 Is there a disproportionate impact?
 Benefits vs.burdens
 Can it be avoided, minimized,
mitigated?
 Has the public been fully involved?

FAQs
 Can

it be concluded that there’s no EJ/Title
VI due to scope?
 Is there a threshold for income?
 Is there a threshold for the protected
populations?
 Where is the data/information available?
 What is the area for comparative analysis?
 Is specialized outreach needed?

FRCs
 Impact

analysis doesn’t include temporary
impacts or neighborhood access
 Data table provides no comparison data,
doesn’t include all populations, no highlights
 No discussion of data in text
 Group identity not considered
 Use effects and disproportionate impacts
interchangeably
 Sweeping conclusions

Review Process
 Review

by EPG specialist as part of EPG

Review
 Revisions made as needed, resubmitted
 Document is flagged for Scope, EJ/Title
VI, Public Involvement
 Entire document is sent to Lisa
Wormington at ADOT Civil Rights
 Approved by Lisa, then to FHWA (if
Federally funded)

Review Process
A n y a d v e rs e
te m p o ra ry o r
p e rm a n e n t
im p a c ts ?

No

F o llo w C E b o ile rp la te fo r
T itle V I/E n v iro n m e n ta l J u s tic e .

Yes

A n y p ro te c te d
p o p u la tio n s ?

No

D is c u s s im p a c ts a n d m a k e a
n e g a tiv e d e c la ra tio n .

Yes

P re s e n t d a ta in
ta b le fo rm

A re im p a c ts
d is p ro p o rtio n a te to
a n y p ro te c te d
p o p u la tio n s ?

No

D is c u s s a n d s h o w c o n c lu s io n .

Yes

R e fe r to T itle V I/E n v iro n m e n ta l
J u s tic e g u id a n c e . C o n ta c t th e
N E P A P la n n e r a n d th e E P G E J
p o in t-o f-c o n ta c t fo r a s s is ta n c e .
D o fu ll a n a ly s is o f im p a c ts a n d
d is c u s s m itig a tio n .

T itle V I / E n v iro n m e n ta l J u s tic e
F lo w c h a rt

Resource Links
 http://environment.transportation.org/envi

ronmental_issues/environmental_justice/
 http://www.adotenvironmental.com


Welcome to the Wonderful
World of ADOT Local
Government and
Transportation Enhancement
Projects

What’s the Difference?
• Local Government (LG) Projects begin
with a request from the LG sponsor
• Enhancement Projects begin with an
application submittal to Transportation
Enhancement Review Committee (TERC)

– TERC reviews and approves applications each
year

• They proceed through the same
environmental clearance process

Transportation Enhancement
Projects
• Local Government Projects
– Local Government hires own consultants

• State Projects
– On Calls contracted by ADOT for State TE
projects

ADOT Local
Government/Enhancement
Projects
Environmental Process

Project Development
• ADOT LG Section Engineer receives
request from LG for Federal $$
– Project listed in TIP and STIP
– Requests TRACS & Federal Numbers
– Notifies NEPA Planner team lead that new
project has been initiated
– Team lead assigns projects based on
workloads and project complexity

All federal-aid projects
require an environmental
analysis and an
Environmental Clearance
certification.

Level of Environmental Analysis
depends on significance of
environmental impacts
• Environmental Impact Statement (EIS)
• Environmental Analysis (EA)
• Categorical Exclusion (CE)

The majority of Local Government &
Enhancement Projects are Categorical
Exclusions

Local Government Responsibility
Local Government sponsor is
responsible for obtaining all
needed resource information
and preparing technical analysis
reports in a accordance with
ADOT process.

Environmental Process Begins
• LG schedules Kick-off meeting to discuss
project elements and environmental process
• LG submits Initial Scoping Letter/ Project
Assessment (PA) or Design Concept Report
(DCR)
• ADOT Project Manager distributes document
to NEPA Planner
• NEPA Planner reviews and sends letter
outlining technical document needs and level
of environmental documentation (CE)

Environmental Process Continues
• LG completes public and agency scoping
process – provides copy of letter and
recipient list
• LG submits Technical Reports
– Biology
– Cultural Resources
– Hazardous Materials

Environmental Process Moves
Forward
• ADOT Technical staff review technical
reports and request revisions or
approve/concur with findings
– ADOT/FHWA will consult with State
Historic Preservation Officer (SHPO)
and/or Tribal Communities as appropriate

Environmental Process Next
Steps
• LG submits draft Categorical Exclusion
Checklist for review and comment
• ADOT NEPA planner, technical staff,
and section manager review and
comment on draft document.
• NEPA planner sends comments to LG
and may meet with LG/consultant to
clarify comments

Environmental Process Completed
• LG revises draft document and submits final
CE Checklist final review and approval
– NEPA planner reviews to determine all changes
have been made
– Section Manager reviews

• ADOT/FHWA will issue final environmental
clearance
• ADOT NEPA planner distributes approved
document to LG, FHWA, and ADOT
departments

How Long
Long Does
Does It
It Take?
Take?
How
•
•
•
•
•
•

IT DEPENDS…

Complexity of project
Timeliness of Technical Reports
Response from SHPO/Tribes
Timeliness of revision submittals
Quality of draft CE Checklist submittal
Workload