Environmental Resource and Regulatory Agencies

FEDERAL AGENCIES

U.S. Army Corps of Engineers

Expertise in water resources management, engineering and construction allows the Corps of Engineers to effectively administrate federal laws regulating development activities that affect the waters of the United States. Under Section 10 of the River and Harbor Act of 1899, the Corps has jurisdiction over all construction activities in tidal and/or navigable waters, including adjacent wetlands shoreward to the mean high water line. In other areas, such as non-tidal waterways, adjacent wetlands, isolated wetlands, forested wetlands and lakes, Section 404 of the Clean Water Act of 1977 gives the Corps regulatory authority over the discharge of dredged or fill material.

The Corps’ Permit Program for Section 10 and Section 404 is designed to ensure that our nation’s water resources are safeguarded, that they be used in the best interest of the people, and that environmental, social, and economic concerns of the public are considered.

The Army Corps of Engineers and the Environmental Protection Agency (EPA) jointly administer the Section 404 Permit Program. The Corps has sole authority to issue or deny these permits, while the EPA assists in the development of the program’s environmental standards and is responsible for enforcement along with the Corps. In addition, the EPA can veto the Corps’ decision to issue a Section 404 permit.

Through the July 1992 agreement entitled Integrating NEPA/404 for Transportation Projects, the Corps and the EPA have established a system whereby the National Environmental Policy Act (NEPA) environmental clearance and the Section 404 permit application review processes proceed concurrently. The Corps is asked to serve as a cooperating agency for all projects that can be expected to affect wetlands, rivers, streams, or other surface waters. As a cooperating agency, the Corps considers the Draft EIS to be back-up documentation for the Section 404 permit application, and a joint NEPA/404 Public Hearing is conducted.


U.S. Environmental Protection Agency

The U.S. Environmental Protection Agency is charged with enforcing compliance with the National Environmental Policy Act (NEPA) of 1969, which mandates “a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and decisionmaking which may have an impact on man’s environment.” As the leading federal regulatory agency, the EPA’s jurisdiction encompasses any project that has the potential to significantly impact the environment.

Under Section 309 of the Clean Air Act, the EPA is among the federal regulatory agencies responsible for reviewing and commenting on Draft Environmental Impact Statements (EISs). By the authority of this act, EPA rates a Draft EIS for its technical adequacy and for the acceptability of the project’s impacts. If the EPA review identifies environmental impacts that should be avoided to fully protect the environment, the agency will work with the project’s sponsors to reduce impacts through mitigation measures or modifications of the preferred alternative. Adverse environmental impacts of sufficient magnitude to jeopardize public health or welfare or environmental quality are grounds for an “Environmentally Unsatisfactory” rating. If these impacts are not corrected at the Final EIS stage, the EPA or any other federal agency may refer the project to the Council on Environmental Quality (CEQ) for review.

Additionally, the EPA may serve as a cooperating agency for projects involving Section 404 issues. The EPA’s areas of special expertise are reviewing for consistency with the Section 404(b)(1) Guidelines, and identifying Aquatic Resources of National Importance (ARNIs). The EPA comments on Section 404 permit applications, and under Section 404(c) of the Clean Water Act can veto the Corps’ decision to issue a permit. Along with four other federal agencies, EPA signed the July 1992 agreement on Integrating NEPA/404 for Transportation Projects.


U.S. Fish and Wildlife Service

This agency is an arm of the U.S. Department of the Interior, which is the nation’s principal conservation agency. The Department of the Interior, responsible for most of our nationally-owned public lands and water resources, protects fish and wildlife, preserves the environmental and cultural values of our national parks and historic places, and provides for outdoor recreation.

The U.S. Fish and Wildlife Service is the principal agency through which the federal government conserves, protects, and enhances the nation’s fish and wildlife and their habitats - particularly migratory birds, certain marine mammals, and freshwater and anadromous fish. The Service identifies threatened and endangered species of fish and wildlife which are placed on the Interior Department’s official “List of Endangered and Threatened Wildlife and Plants.” It also manages our National Wildlife Refuges.

Under the Fish and Wildlife Coordination Act (FWCA), the Service comments on potential impacts to fish and wildlife resources by a wide variety of activities related to water resources development. In addition, the National Environmental Policy Act (NEPA) of 1969 provides for Service review of project alternatives that would avoid or minimize adverse environmental effects and mitigate unavoidable impacts. In accordance with this legislation, the Service has jurisdiction over federally sponsored or funded development projects that have the potential to affect fish and wildlife and their habitats.

Thus, the U.S. Fish and Wildlife Service is an active partner in developing major transportation improvement projects in Pennsylvania.


STATE AGENCIES

Metropolitan Planning Organization (MPO)

A planning group designated for each urban area with a population of 50,000 or more. Members include both private citizens and local government officials. An MPO addresses Federal aid planning mandates by producing local area transportation plans or transportation improvement programs on an annual or biannual basis, or by employing other strategies that make existing systems more efficient. The Southwestern Pennsylvania Commission is the MPO for this region.

Pennsylvania Department of Agriculture

The Department of Agriculture works to ensure that farmlands are preserved in order to maintain predominantly rural areas and to maintain the economic vitality of communities that depend on agriculture. The Bureau of Farmland Protection has jurisdiction over agricultural lands as designated by the U.S. Department of Agriculture Soil Conservation Service (including farmland Soils of Statewide and Local Importance, and active and productive farmlands) and Agricultural Security Areas as defined by Pennsylvania Act 43. As mandated by Pennsylvania Act 100, the Agricultural Lands Condemnation Approval Board (ALCAB), a judicial arm of the Bureau of Farmland Protection, conducts hearings to determine whether there is a “reasonable and prudent” alternative to condemning active farmlands in general, and Agricultural Security Areas in particular, as may be required to construct roadways on new alignment. If the board finds that no “reasonable and prudent” alternative exists, the lands in question may be converted to transportation use. Upgrades of existing roadways, such as widenings, are not subject to ALCAB approval.

Pennsylvania Department of Community and Economic Development (DCED)

DCED’s mission is to work in partnership with state and local government officials and community organizations to attain the highest quality of life for all Pennsylvanians. DCED’s Bureau of Community Planning assists municipalities, regional agencies, and counties in preparing and updating comprehensive community development plans, which sometimes include transportation planning components. In addition to advising local governments and planning organizations on economic development and growth management strategies, DCED also administers the commonwealth’s Floodplain Management Program under the Floodplain Management Act of 1978. Other bureaus within DCED focus on providing affordable housing to low and middle income residents, stimulating economic growth, creating jobs, developing public parks and recreation facilities, and protecting open space areas.

Pennsylvania Department of Environmental Protection (PADEP)

As the Commonwealth's primary protector of natural resources and water quality, PADEP functions in an advisory capacity to the U.S. Army Corps of Engineers in the Section 404 Permit Program. In addition, PADEP has regulatory authority in a wide variety of federal and state permit programs and resource protection initiatives, including, but not limited to:

Because PADEP's regulatory involvements are too numerous to describe in detail, this profile highlights two of the environmental clearances the agency issues.

Section 401 authorizes PADEP to deny "water quality certification" to any applicant for federally permitted or licensed activities that may result in a discharge to United States waters, if the applicant cannot demonstrate compliance with Pennsylvania water quality standards and other federal and state laws and regulations. When a permit is denied, a federal agency may not issue a permit or license for the project in question.

Under Chapter 105, the PADEP administers permits for the construction, operation, maintenance, modification, enlarging or abandoning of any dam, water obstruction, or encroachment on a watercourse, floodway, or body of water (including wetlands). Before issuing a permit for encroachment, DEP must consider a number of factors, including effects on the ecology of the water, fish and wildlife, and aquatic habitat; impacts on public lands and recreation areas; and consistency with floodplain and stormwater management programs.

Pennsylvania Fish and Boat Commission

The mission of the Fish and Boat Commission is to provide fishing and boating opportunities through the protection and management of aquatic resources. To this end, the Commission has been entrusted with the responsibility of protecting aquatic wildlife (fish, reptiles, and amphibians) and their habitats. As partners in transportation development, the Commission provides PennDOT with information on the location of Pennsylvania's trout stock fisheries, as well as streams and rivers where endangered species of aquatic biota have been identified. As a NEPA reviewing agency, the Commission offers input on impacts to aquatic wildlife habitats and comments on:

Pennsylvania Game Commission

Under the provisions of the Pennsylvania Game Law, this independent administrative agency is directed to “... protect, propagate, manage and preserve the game, furbearing animals, and protected birds of the State...” The Pennsylvania Game and Wildlife Code confers upon the Game Commission executive jurisdiction over the administration and management of all the state’s wildlife resources. In accordance with Title 58, Rules and Regulations, the Commission’s Wildlife Management Staff conducts surveys, censuses, and research studies of wildlife species to assist in monitoring these resources. The Commission also administers all of the official State Gamelands.
The Game Commission participates in the review of major transportation projects that have the potential to affect wildlife resources, but it does not exercise regulatory authority over these projects. Its reviewing activities include:

Pennsylvania Historical & Museum Commission (PHMC)

In an effort to preserve Pennsylvania’s cultural heritage for future generations, the Bureau for Historic Preservation within the PHMC works with the Department of Transportation and the Federal Highway Administration to ensure that federally funded transportation projects comply with Section 106 of the National Historic Preservation Act of 1966. Under Section 106, FHWA must account for the effects of transportation improvements on historic resources, which include structures and archaeological sites that are listed on or are eligible for the National Register of Historic Places.