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)