Environmental Engineering Reference
In-Depth Information
compliance guidelines very closely. This is not a coincidence because the
U.S. EPA initiated the wastewater grant and loan program, and since provid-
ing funds to municipalities for wastewater management was a federal action
with potential environmental impacts, NEPA fully applied. In Tennessee, the
Department of Transportation's NEPA Documentation Office is responsible
for the preparation of the environmental documents for transportation proj-
ects. The requirement includes collecting, compiling, and analyzing infor-
mation on social, economic, and environmental areas for all transportation
projects, including purpose and need; the natural, cultural, social and eco-
nomic environment; farm land; land use; energy; conservation; hazardous
waste; visual concerns; and construction impacts. The office conducts public
meetings on the projects consistent with NEPA public disclosure require-
ments and guidance. Similar to the Vermont wastewater example, this was
initially driven by the inclusion of federal funds and NEPA requirements
that accompany the funds for highway projects.
Massachusetts and California have long-standing comprehensive environ-
mental a nalysis prog rams leg islated i in 1972 a nd 1970, respect ively. They have
been amended several times, most often to expand jurisdiction and provide
more detail based on lessons learned. Two programs are briefly summarized
and compared with NEPA in the following sections.
8.6.1
Massachusetts Environmental Policy Act
Under the Massachusetts program, the project proponent first makes a
determination whether the project falls within the jurisdiction of the Act
(M.G.L. c. 30, ยงยง61-62H: Massachusetts Environmental Policy Act; 301 CMR
11.00). This is achieved by determining whether the project requires a state
license, permit, funding, or any other approvals by a state agency. If the
action is proposed by a state entity, the Massachusetts Environmental Policy
Act (MEPA) automatically applies and if it is proposed by a private con-
cern, it is up to the proponent to determine whether any state approval or
action (and thus MEPA compliance) is necessary for implementation. This
jurisdictional definition is very similar to NEPA on the surface because it
only applies to agency action; however, in practice it is much more inclu-
sive. Almost any proposed development beyond that of a single family
house will require water, sewer, access to a highway, etc., and in most cases
these require approval by the state. Also in Massachusetts most, if not all,
municipal projects (schools, library, highway improvement, water, sewer,
etc.) include at least partial state funding, and thus MEPA applies. Similarly,
an alteration in the use of any large parcel of land requires local plan-
ning approval, which is typically accompanied by a traffic management
and highway improvement plan, requiring the Massachusetts Highway
Department's approval, and thus MEPA applies.
MEPA expands and codifies the NEPA concepts of categorical exclusion
(CATEX) and adds categorical inclusion. The categorical exclusion or inclusion
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