The Georgia Department of Transportation (Georgia DOT) has formally initiated the process of seeking a full National Environmental Policy Act or NEPA assignment program to take on additional environmental review responsibilities from the Federal Highway Administration through the Surface Transportation Project Delivery Program.
Once the NEPA assignment program is approved, Georgia DOT would become responsible for carrying out the NEPA and other federal environmental compliance reviews and all other applicable federal environmental laws for Georgia DOT-administered highway projects.
While Georgia DOT currently has limited NEPA review authority, the department said it "has taken great strides" to create opportunities for collaboration amongst its environmentally focused federal and state partners.
For example, in 2019, the department established the Interagency Office of Environmental Quality to strengthen coordination between agencies involved in environmental review and permitting, including partners responsible for wildlife, water resources, historic preservation, and environmental protection.
"The creation of the Interagency Office of Environmental Quality was a natural step toward pursuing NEPA assignment," said Amber Phillips, Georgia's state environmental administrator, in a statement.
"By strengthening coordination with our federal and state partners, developing transparent processes and fostering collaboration, we entered the application process with a strong foundation already in place, helping us improve project delivery while handling transportation needs with the protection of Georgia's environmental and cultural resources for the communities we serve," she said.
Georgia DOT noted that there are currently nine states that have full NEPA assignment programs with FHWA – Alaska, Arizona, California, Florida, Maine, Nebraska, Ohio, Texas and Utah — and the agency said those states have reported "significant benefits" from gaining broader NEPA authority, including faster project delivery and cost savings.
"We're pursuing NEPA assignment to reduce project delays, improve communication and provide more reliable project schedules," said Phillips, adding that the agency also plans to use it as an "opportunity to learn from states that have already implemented the program through peer exchanges has been extremely beneficial in strengthening Georgia DOT's application and preparing us for these additional responsibilities."
Other state departments of transportation are also seeking to assume more NEPA-related duties. For example, the South Carolina Department of Transportation recently took its first step in pursuit of broader NEPA assignment duties, courtesy of the SCDOT Modernization Act passed by the state's general assembly and signed by Gov. Henry McMaster — legislation that went into effect on July 1.
A letter sent to FHWA by Justin Powell, SCDOT secretary, began the process of certifying SCDOT to assume FHWA's environmental review responsibilities — and the agency anticipates a 12-to-18-month process to complete NEPA assignment certification.
