CE 515 Railroad Engineering Environmental Regulations & Permitting Source: AREMA Ch. 11 “Transportation exists to conquer space and time -”

CE 515 Railroad Engineering

Environmental Regulations & Permitting

Source: AREMA Ch. 11

“Transportation exists to conquer space and time -”

11.1 Introduction:

Environmental regulations are fairly new, Environmental

laws are constantly changing and getting stricter.

Most information in this chapter is United States based.

Information in this chapter is general in nature and should

only be used as a guide.

11.2 Environmental Regulations of the United StatesNational Environmental Policy Act (NEPA) on January 1, 1970.

Major Environmental LegislationYear Law Year Law 1899 Refuse Act 1974 Safe Drinking Water Act

1918 Migratory Bird Treaty Act of 1918 1975 Hazardous Materials Transportation Act

1948 Federal Water Pollution Control Act 1976 Resource Conservation and Recovery Act

1955 Air Pollution Control Act 1976 Solid Waste Disposal Act

1963 Clean Air Act (1963) 1976 Toxic Substances Control Act

1965 Solid Waste Disposal Act 1977 Clean Air Act Amendments

1965 Water Quality Act 1977 Clean Water Act Amendments

1967 Air Quality Act 1980 CERCLA (Superfund)

1970 National Environmental Policy Act 1984 Resource Conservation and Recovery Act Amendments

1970 Clean Air Act (1970) 1986 Safe Drinking Water Act Amendments

1970 Occupational Safety and Health Act 1986 Superfund Reauthorization

1972 Consumer Product Safety Act 1987 Clean Water Act Reauthorization

1972 Federal Insecticide, Fungicide, and Rodenticide Act 1990 Oil Pollution Act

1972 Clean Water Act 1990 Clean Air Act (1990)

1972 Noise Control Act 1993 North American Free Trade Agreement

1973 Endangered Species Act 2003 Healthy Forests Initiative

http://en.wikipedia.org/wiki/Environmental_policy_of_the_United_States

11.2.1 Wetland Regulations

Definitions:

“Water of the United States” AREMA P. 474

“Traditional Wetland Definition” AREMA P. 474-475

Traditional view of wetlands:

Wild places, teeming with mosquitoes, venomous snakes and diseases

Main valuable benefits including but not limited to

1. Flood storage and conveyance

2. Groundwater recharge

3. Erosion reduction and sediment control

4. Pollution control

5. Wildlife habitat

6. Recreation and education

Illinois Department of Natural Resources (IDNR) Wetland Program considers the full

range of wet land functions and values when administering its wetland protection

responsibilities.

http://dnr.state.il.us/wetlands/ch2a.htm

The United States Army Corps of Engineers(USACE)

1. Prevent obstructions to navigation.

2. Regulatory authority over the dumping of trash and sewage.

Wetland protection in the United States began with the 1972 Federal Water

Pollution Control Act, now commonly referred to as the Clean Water Act(CWA).

11.2.2 Wetland Definition

According to the 1987 Corps of Engineers Manual “the USACE and the EPA jointly

define wetlands as : those areas that are inundated or saturated by surface or ground

water at a frequency and duration sufficient to support, and that under normal

circumstances so support, a prevalence of vegetation typically adapted for life in

saturated soil conditions. Wetlands generally include swamps, marshes, bogs and

similar areas.”

Three criteria must be met for an area to be defined as wetland:

1. Hydrophytic vegetation

2. Hydric soil

3. Wetlands hydrology

(AREMA P. 477-480)

11.2.3 Wetland Regulations

“Discharge of dredged or fill material into “ Water of the U.S,” requires a permit from

the U.S. Environmental Protection Agency (USEPA) based on regulatory guidelines

developed in conjunction with USEPA. Failure to obtain a permit or comply with the

terms of a permit can result in civil and/or criminal penalties.” Section 404, jointly administered

by the U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (USEPA)

Three types of permits:

1. Nationalwide Permits (NWP)

Sample NWP may be associated with railway activities:

NWP 7 ( outfall Structure and Maintenance Projects)

http://www.ci.wheatridge.co.us/DocumentView.aspx?DID=1652

NWP 12 (Utility Line Activities) permittable only if there is no change in pre-construction contours.

NWP 14 (Linear Transportation Projects)

NWP 39 ( Residential, Commercial and Institutional Developments)

NWP 41 (Reshaping Existing Drainage Ditches).

Specific description and criteria for each one of these NWPs are on AREMA P. 481-484

Pre Construction Notification (PCN): Notice provided to Federal and state agencies which requests comments

concerning a proposed activity.

2. General Permits

Issued when the local Corps district requires specific regulations not covered by a nationwide permit.

Example: Regional permits No. 1 for residential , commercial and institution developments.

Category I, impacts < 0.25 acre

Category II, impacts 0.25 to 2 acre

3. Individual Permits

Individual Permits may be required for impacts over 2 acres.

Mitigation is required for impacts over 0.25 acres at a minimum of 1.5:1 replacement.

– All three kind of permits are reviewed by USACE, and other government agencies.

4. USACE Non-Jurisdiction Over Isolated Wetlands

isolated wetlands are not jurisdictional to the USACE

All tributaries to Waters of the United States (such as interstate waters, tidal waters, etc.) as well as wetlands

contiguous to and adjacent to those tributaries are still regulated.

Example of railroad industry impacts on wetlandUnion Pacific Pays $125,000 for Santa Barbara County Wetlands Violations (1997&1999)Union Pacific Agrees to Restore Nevada Streams, Wetlands (2005)

Questions?