Recognizing that activities that receive federal support – including capital transit projects – can have adverse consequences on the environment, Congress has enacted numerous environmental laws over the years to protect the human and natural environment. The broadest of these laws is the National Environmental Policy Act of 1969 (NEPA).
NEPA (42 U.S.C. 4321-4347) is the basic national charter for protection of the environment, and it establishes the foundation for the environmental review process for major federal actions--requiring that any federal agency undertaking a major federal action significantly affecting the quality of the environment prepare a detailed statement (an EIS) on the environmental impact of the proposed action. CEQ regulations (40 CFR parts 1500-1508) implementing NEPA establish procedures for evaluating and documenting less-than-significant levels of environmetnal impact (using CEs and EAs). All transit projects receiving FTA funds are considered major federal actions, and are therefore subject to requirements under NEPA.
What are FTA's environmental review responsibilities ?
Consistent with NEPA and the CEQ implementing regulations, FTA has adopted regulations and issued guidance on how FTA conducts and oversees the environmental review process for transit projects. In general, for projects that will likely be funded wholy or in part using FTA funds, FTA performs an evaluation to ensure that any potential impacts to the environment and any reasonable alternatives are considered in the development of the proposed project, and that potentially significant impacts are disclosed for public review, before the action is taken. More on NEPA and process-oriented requirements...
In addition to NEPA, the provisions of other statutes, regulations, and executive orders applicable to FTA must be considered during the decision making process on FTA-assisted transit projects. These mandates and considerations cover such concerns as air and water quality, historic preservation, parkland protection, protections for endangered species, and environmental justice impacts. In most cases, satisfying these these other requirements occurs concurrently with the environmental review process under NEPA. More on resource-specific requirements...
What are the roles for an environmental review?
FTA is the Federal lead agency for projects to be funded or approved by FTA. The FTA Regional Office responsible for the area in which the project is located manages the environmental review process and has authority for the final environmental decisions. The project sponsor is a co-lead agency under NEPA, and generally conducts the majority of the environmental analysis and documentation.
FTA and project sponsors are responsible for coordinating with other Federal, State, and local agencies affected by the project, and these agencies generally have a review role focused on resources for which they have legal jurisdiction (e.g. SHPO) or special expertise. FTA and project sponsors may also involve the public at various points during the environmental review process.
The FTA Office of Environmental Programs headquartered in Washington, D.C., provides environmental program guidance through regulations, guidance documents, this website material, technical manuals, and training. This FTA office works with other federal agencies, principally the Federal Highway Administration, the U.S. Environmental Protection Agency (EPA), the U.S. Department of the Interior (DOI), the Advisory Council on Historic Preservation (ACHP), and the U.S. Army Corps of Engineers (USACE) to represent transit interests in the development and implementation of policies and regulations that affect transit. This FTA office also provides subject-matter expertise as needed to FTA Regional Offices.