AASHTO’s CEE Hosting Virtual Peer Exchange

The American Association of State Highway and Transportation Officials Center for Environmental Excellence will host a virtual peer exchange discussing alternative project delivery and the National Environmental Policy Act or NEPA process on March 8 from 1:30 pm to 4:30 pm eastern.

That exchange will feature representatives from Minnesota, Pennsylvania, and Utah sharing their experiences using alternative project delivery methods, such as public-private partnerships or P3s and design-build contracts.

The discussion will highlight best practices when using alternative delivery methods as well as discuss the experiences of those states navigating the NEPA process when using an alternative delivery method.

The exchange also includes a question and answer session once the state presentations conclude.

To register for this virtual peer exchange, click here.

Environmental News Highlights – February 16, 2022

FEDERAL ACTION

USDOT, DOE Launch EV Formula Program – AASHTO Journal

How Billions in Infrastructure Funding Could Worsen Global Warming – New York Times

Secretary Buttigieg talks road safety, self-driving cars, EVs, and unruly airline passengersYahoo Finance Live

USDOT can do more to ensure climate resilience, GAO reports – Government Matters

Congress must find common ground on climate – The Hill (Opinion)

COVID-19

Traffic Remains Below Pre-Covid Levels as Work Habits Change – Bloomberg

INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY

Challenges to Electrifying City Fleets – Planetizen

4 federal agencies join Rockford airport asking for dismissal of lawsuit seeking to protect Bell Bowl Prairie – Chicago Tribune

Electric vehicles pose challenges for Montana highway plans – Longview News-Journal

Michigan Moves Ahead With Electric Vehicle Charging Road Project – Route Fifty

Demonstration shows how Washington State’s transportation system can go electric – KIRO-TV

An Infrastructure Bill with a Sustainable Twist – Innovation & Tech Today (Commentary)

CTDOT Releases Updated Five-Year Capital Plan with Renewed Sustainability Commitment – Conecticut DOT (Media release)

AIR QUALITY

Caltrans Helps SBCAG Deploy Zero Emission Bus – AASHTO Journal

Air Board Agrees to Hold Clean Cars Rulemaking Hearing – City of Albuquerque

Are Trains or Buses Better for the Environment? – Governing

New Study Links Traffic Pollution to Pediatric Asthma – Discover

ENVIRONMENTAL JUSTICE

Biden administration seeks equity in guidance for electric vehicle charging network – The Hill

Supervisors Adopt Road Map for Environmental Justice Office to Protect Vulnerable Communities – Times of San Diego

NATURAL RESOURCES

AASHTO Comments on Proposed WOTUS Revisions – AASHTO Journal

How Mapping Beaver Wetlands Can Chart a Path to a Better Water Future – Walton Family Foundation

An unexpected item is blocking cities’ climate change prep: obsolete rainfall records – NPR

FAA Raises Concerns After Sunnyvale Uses Lasers To Keep Crows Out Of Downtown – KPIX-TV

What causes a city to issue a boil water notice? – KXAN-TV

Rhode Island’s CRMC needs fundamental change – Providence Journal (Opinion)

CULTURAL RESOURCES

New York City’s Plan for a Queens Greenway Moves Forward, Connects Parks for Bicyclists and Pedestrians – Flushing Post

HEALTH AND HUMAN ENVIRONMENT/ACTIVE TRANSPORTATION

Burgeoning bike cities emerge across America – Axios

With Bike Buses, Kid Cyclists Dominate the Road – CityLab

Stop, look, go: Project in Jacksonville, NC created to keep pedestrians safety – WNCT-TV

FDOT to update A1A in Brevard County to improve pedestrian safety – WOFL-TV

How Micromobility Impacts Cities…And You – Metro (Blog)

ConnectSmart: Making Houston More Connected and Less Congested
– Texas Department of Transportation (Media release)

TRB RESOURCES/ANNOUNCEMENTS

Accelerating Decarbonization in the United States: Technology, Policy, and Societal Dimensions: Just Transition Webinar Series – Government Perspectives – TRB

FEDERAL REGISTER NOTICES

Enhancing Highway Workforce Development Opportunities Contracting Initiative – FHWA (Notice)

Land Uses; Special Uses; Procedures for Operating Plans and Agreements for Powerline Facility Maintenance and Vegetation Management Within and Abutting the Linear Right-of-Way for a Powerline Facility – Forest Service (Final rule; technical amendment)

Coastal Nonpoint Pollution Control Program: Proposal To Find That Texas Has Satisfied Conditions on Earlier ApprovalNOAA and EPA (Notice of proposed finding; request for comments)

National Advisory Council – FEMA (Solicitation; request for applicants for appointment to the National Advisory Council; correction)

Virginia Resource Advisory Committee; MeetingForest Service (Notice of virtual meeting)

Transportation Electrification Focus of NASEO Conference

The National Association of State Energy Officials 2022 Policy Outlook Conference held in Washington D.C. February 8-11 focused in part on the ways states and federal agencies can work together to support transportation electrification.

[Above photo by AASHTO]

Jim Tymon, executive director of the American Association of State Highway and Transportation Officials, participated in a panel discussion on February 10 regarding how states are ramping up support for the construction of a nationwide network of electric vehicle or EV chargers.

[Editor’s note: The U.S. Department of Transportation and U.S. Department of Energy formally launched a new National Electric Vehicle Infrastructure or “NEVI” formula program on February 10 as well that will provide nearly $5 billion over five years to help states create a national network of some 500,000 electric vehicle-charging stations.]

During the panel, Tymon noted that AASHTO has formed two inter-committee “working groups” to aid efforts by state departments of transportation around the country to support the Biden administration’s plan to build 500,000 EV chargers by 2030.

Those two AASHTO-led groups – the EV Inter-Committee Working Group and EV Practitioner’s Working Group – seek to address what Tymon called the “technical and logistical challenges” facing the administration’s plan to build 500,000 EV chargers within the next eight years. He noted that AASHTO addresses many of these issues in letters sent to the Federal Highway Administration on January 14 and January 28.

AASHTO Executive Director Jim Tymon speaking to NASEO

“Our members … understand that the [EV charger] buildout needs to be consistent and coordinated across the country in order to provide reliable and accessible service to all EV drivers,” Tymon explained in written remarks prepared ahead of the conference.

“For example, chargers need to be universal so that any vehicle can use them; the chargers need to be reliable with uptimes of at least 95 percent; and payment methods need to be consistent, uniform, and available to all members of the public,” he said.

Moreover, while consistency is important, he said this build-out effort requires “flexibility” in certain areas. “For example, rural communities are going to have different needs than urban corridors,” he emphasized. “In order for efficient implementation to occur, states will need the flexibility to implement plans that meet the needs of their communities, while keeping the bigger picture in mind.” 

Tymon pointed out that collaboration between state agencies such as state DOTs and state energy offices “will be instrumental” in achieving the goals set out in the $7.5 billion EV program established by the $1.2 Trillion Infrastructure Investment and Jobs Act signed into law in November 2021.

“AASHTO looks forward to doing what we can to support our members as they continue these successful relationships with their sister agencies and regionally with their peers across state lines,” he said. “No one sector can be successful on its own. This is a massive undertaking and continual communication – of challenges and concerns, best practices and lessons learned – will be key to the success of this huge implementation project.”

State DOTs ‘Plow Ahead’ With Plow Naming Contests

For those transportation professionals who believe engaging with the public is tantamount to poking a stick at sleeping dogs and hornets’ nests, “Snowprah Winfrey,” “Alice Scooper,” and “Hans Snowlo” insist it really is “Snow Big Deal.”

[Pictured above: South Dakota DOT’s Bruce Thiewes at the wheel of “Control/Salt/Delete,” a truck/tow/plow unit based in the Watertown, SD, area. Photo by the South Dakota DOT.]

Those are just some of the winning entries from citizens in “Name the Snowplow” contests that state departments of transportation have staged this winter. So far, at least seven states – Colorado, Connecticut, Michigan, Minnesota, North Dakota, South Dakota, and Vermont – are holding contests that have produced gems such as “The Scrape Gatsby,” “The Big Leplowski,” and “Snowbegone Kenobi.”

While the contests may seem frivolous, there is a serious purpose behind them, according to Jake Loesch of the Minnesota Department of Transportation.

Minnesota Department of Transportation

“We’ve been able to have fun with a lighthearted contest but deliver an important message along the way about safety and driving tips when snowplow drivers are out working,” said Loesch, Minnesota DOT’s director of communications and public engagement.

The agency recently wrapped up its second-ever “Name a Snowplow” contest. After plowing through nearly 60,000 votes, the Minnesota DOT noted in a statement that it selected eight winners based on vote totals: Betty Whiteout; Ctrl Salt Delete; The Big Leplowski; Plowasaurus Rex; Scoop Dogg; Blizzard of Oz; No More Mr. Ice Guy; and Edward Blizzardhands.

The snowplow-naming contest trend appears to have begun in Scotland, where every year since 2006, annual public contests come up with names for what the Scots call “gritters,” which explains why “Gritney Spears” is a past winner.

Inspired by the Scots, the Michigan Department of Transportation held its first snowplow-naming contest in 2021, and Jeff Cranson – the agency’s communications director – said the public reaction proved tremendous.

“Levels of community engagement are always difficult to gauge, even if you have the resources to commit to truly scientific surveys,” he noted. “But I would say any [state] DOT initiative that prompts more than 15,000 responses, and counting demonstrates a connection with some part of the audience.”

Sometimes, the connection is an unexpected one. When a South Dakota Department of Transportation crew took a snowplow to an elementary school as part of the contest, they did not know that the teacher was the daughter of a recently deceased South Dakota DOT snowplow driver. The connection resulted in warm memories for the teacher and a favorable article in the local newspaper.

“That’s why we do the contest,” said Julie Stevenson, South Dakota DOT’s strategic communications coordinator. “We use the contest as a way to share vital information. The ultimate goal is to humanize the snowplow operators.”

The New York State Department of Transportation aimed for a similar goal with its first snowplow-naming contest in 2021. The winning name, “Howe’s Plow,” honors Dennis “Matt” Howe, a highway worker killed in a work zone in 2019. Now, one plow truck in each NYSDOT region will bear the name “Howe’s Plow” in his memory.

New York State Department of Transportation

“It’s a fitting tribute to Matt’s memory that more than two-thirds of the votes cast in this contest went to Howe’s Plow,” said NYSDOT Commissioner Marie Therese Dominguez in a statement. “I hope it serves as a reminder to drivers to slow down and move over for the safety of the mothers, fathers, sons, and daughters driving plows and doing other essential road work year-round to keep travelers safe.”

Other state DOTs are using snowplow-naming efforts in roadway safety campaigns. For example, amid a dramatic spike in snowplow strikes statewide in 2021, the Idaho Transportation Department launched a safety campaign centered on a caricature dubbed “Mr. Snowplow.”

“We were concerned with what we were seeing on the roads, with four hits in the span of just 10 days, so we began a short-term campaign to raise awareness,” explained Justin Smith, the agency’s public information officer for districts 5 and 6 in East Idaho, in a statement.

The campaign included multiple social media posts, press releases, interviews with local media, and a poem written by the spouse of one of the department’s snowplow drivers entitled “Mr. Snowplow, you are loved.” The poem went viral, with shares across the country and in Canada, and helped the agency’s safety campaign not only raise motorist awareness of snowplows and the dangers of passing them but reduced snowplow strikes dramatically as well.

The Wyoming Department of Transportation is conducting a similar campaign, issuing a “top 10 list” of things its snowplow operators want motorists to know in regards to driving around snow removal equipment, along with video highlighting how the agency gears up to “fight” snow and ice on the roads every winter.

https://youtu.be/b_xel_iCwYI

Michigan DOT’s Cranson said snowplow-naming contests demonstrate that “the majority of people appreciate important work, like clearing roads of ice and snow to assure safe passage.”

Minnesota is just starting its contest this year. Minnesota DOT’s Loesch – who said his agency’s snowplow naming contest received more than 13,000 entries on its first day – would “strongly recommend” that other agencies hold such contests of their own.

“It’s a fun, simple way to engage the public that doesn’t present much risk to the agency,” he noted.

Connecticut DOT Makes Sustainability Central to Capital Plan

The Connecticut Department of Transportation is making sustainability central to its new interim five-year Capital Plan, covering fiscal years 2022 through 2026.

[Above photo by the Connecticut DOT]

The agency said the interim plan includes $2.25 billion in total capital program funding for the fiscal year 2022, which began October 1, 2021, including approximately $1.36 billion for roadway and bridge infrastructure, $844 million for bus and rail, and $49 million in support of agency facility repairs and improvements.

Connecticut DOT added that its “new focus” within the new interim plan is on reducing greenhouse gas emissions, protecting natural and community resources, and improving the health and safety of residents – a focus that includes investments in public transportation plus bicycle and pedestrian infrastructure.

“Strategic investments in infrastructure, increased access to public transportation, and new initiatives that reduce our carbon emissions are critically important to economic growth in Connecticut and the health and safety of residents,” explained Joseph Giulietti, commissioner for the Connecticut DOT, in a statement.

“Our interim five-year plan demonstrates our ongoing commitment to safety, equity, and resiliency,” he said. “As we emerge from the pandemic, we will do so stronger and with the support we need.”

The Connecticut DOT also noted it operates more than 2,500 traffic signals – more than all other New England states combined – and is embarking on a 10-year program to upgrade the system to reduce transportation emissions and better meet the mobility needs of all roadway users.

Where public transportation is concerned, the agency said ridership continues to rebound from the COVID-19 pandemic, with rail ridership at approximately 50 percent and bus ridership over 70 percent of pre-COVID levels. Given new trends in commuter needs, such as more telework options, Connecticut DOT said focusing its transit funding on “service improvement and customer experience” projects. 

Finally, the agency is aligning its funding with an executive order signed by Governor Ned Lamont (D) in December 2021 directing Connecticut DOT and all other state agencies to take “actionable steps” to reduce carbon emissions. 

As a result, projects included in Connecticut DOT’s interim five-year plan that directly reduce emissions and improve air quality include installing more electric vehicle charging stations, installing solar power at agency facilities, plus expanding the Community Connectivity Grant Program to build-out accessible sidewalks, crosswalks, and bike infrastructure, while converting its transit fleet to electric buses.

Arizona DOT: Highway Litter Increasing in Maricopa County

The Arizona Department of Transportation, along with its maintenance contractors, picked up 118,578 bags or 811 tons of trash along freeways in Maricopa County in 2021.

[Above photo by the Arizona DOT]

Unfortunately, the agency said that represents a continuing increase in litter collected from 250 miles of state highway in Maricopa County. During the past five years, Arizona DOT litter has steadily increased along state freeways in Maricopa County. In 2017, the agency said it picked up 80,442 bags of litter compared to the 118,578 bags in 2021 – a 47 percent increase.

“Drivers can help out by simply not littering,” said Mary Currie, who manages Arizona DOT’s Adopt a Highway program, in a statement. “Don’t toss that burger wrapper, paper cup or cigarette butt out of the window. All of those seemingly small and insignificant items build up over time creating safety issues.”

Some of those safety issues include blockages of stormwater drainage grates, sometimes preventing water from flowing freely to retention basins, drainage channels or pump stations. That can cause standing water to build in low-lying locations along freeways. Over time, litter also can negatively affect the operation of pumps that remove storm runoff along some Phoenix-area freeways. 

Several other state departments of transportation are also witnessing similar increases in highway litter.

For example, the North Carolina Department of Transportation said that by November 2021, its crews, contractors, and volunteers collected more than 12 million pounds of litter from state roadways, surpassing the previous trash-collection record of 10.5 million pounds in 2019.

The Pennsylvania Department of Transportation specifically expanded its “routine” litter pickup operations statewide through the Labor Day holiday in 2021, especially on higher-traffic roadways where volunteer groups cannot safely pick up litter, in order to deal with increased trash accumulation along state roadways.

“Every dollar we have to spend on litter cleanup is a dollar we cannot invest in our system,” PennDOT Secretary Yassmin Gramian explained in a statement at the time – noting that her agency spends roughly $14 million annually on statewide litter removal efforts.

Environmental News Highlights – February 9, 2022

FEDERAL ACTION

Registration Open for AASHTO’s Washington BriefingAASHTO Journal

House T&I Subcommittee Holds Hearing on CAVs – AASHTO Journal

Biden, automakers face cultural divide on U.S. push for EVsAutomotive News

White House and EPA pen scathing letters to USPS over next-gen vehicle plan, including EV misinformation – Electrek

President Biden, USDOT Releases Toolkit to Help Rural Communities Build Out Electric Vehicle Charging Infrastructure – USDOT (Media release)

COVID-19

Airlines, travel groups urge White House to remove testing requirement for vaccinated travelers – The Hill

Traffic roars back: The pandemic driving lull is over, but mutated commuter habits have changed the transportation equation – Deseret News

INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY

AASHTO Comments on FEMA Floodplain Plans – AASHTO Journal

Michigan finalizing plan to build first-ever wireless charging road for electric cars – WJBK-TV

How Computer Vision Can Create Smart Transportation Systems – Forbes

AIR QUALITY

Transportation overtakes energy as leading greenhouse-gas producer in North Carolina – News & Observer

Is Key California Pollution Law Working? – Governing

ENVIRONMENTAL JUSTICE

Transit Buses Across US Are Reserving A Front Seat In Honor Of Rosa Parks – Because of Them We Can

How Michigan agencies are addressing inequalities in infrastructure projects – WDET Radio

Austin to spend $65 million this year to reduce displacement near future transit lines – Austin Monitor

White House Council on Native American Affairs’ Engagement Session with Tribal Leaders Focuses on Infrastructure, Public Safety – Native News Online

Evaluating Transportation Equity: ITE Quickbite – Planetizen

From walking to cycling, how we get around a city is a gender equality issue – new researchThe Conversation

NATURAL RESOURCES

Nevada DOT Adds Fences to Reduce Animal Collisions – AASHTO Journal

Los Angeles Is Building a Future Where Water Won’t Run Out – Bloomberg

CULTURAL RESOURCES

Preserving Post-WW2 Historical Homes – AASHTO’s ETAP Podcast

What Was Lost in Pittsburgh’s Broken Bridge – CityLab

Nevada DOT Launches Cultural Resources Latino Project and Seeks Input to Inform Future Projects – Nevada DOT (Media release)

HEALTH AND HUMAN ENVIRONMENT/ACTIVE TRANSPORTATION

WA lawmakers advance bill to create office to address homeless encampments near highways – Seattle Times

Batavia Launches Bicycle and Pedestrian Planning Effort – Kane County Connects

Bike advocates ask for aid to finish Lincoln-to-Omaha trailAP

How to Jump-Start Cycling Infrastructure Improvements – Route Fifty

Austin Urban Trails Program to Break Ground on Violet Crown Trail North – City of Austin (Media release)

TRB RESOURCES/ANNOUNCEMENTS

Coverage of 2022, TRB Annual Meeting: Creating Pathways to Equity – AASHTO Transportation TV News (Link to video)

Making Travel More Equitable for People with Disabilities – TRB

FEDERAL REGISTER NOTICES

Transportation Research and Development Strategic Plan; Request for Information; Extension of Comment Period – USDOT (Request for Information; extension of comment period)

Operational Risk Assessments for Waterfront Facilities Handling Liquefied Natural Gas as Fuel, and Updates to Industry StandardsCoast Guard (Final rule)

Notification of Public Meeting (Local Government Advisory Committee and the Small Communities Advisory Subcommittee) – EPA (Notice)

Delegation of Authority to the State of West Virginia To Implement and Enforce Additional or Revised National Emission Standards for Hazardous Air Pollutants Standards and New Source Performance Standards – EPA (Notice)

Collaborative Forest Landscape Restoration Advisory Panel – Forest Service (Call for nominations)

Investigation Into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade – Federal Maritime Commission (Request for comments)

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ferry Berth Improvements in Tongass Narrows in Ketchikan, Alaska – NOAA (Notice; proposed incidental harassment authorization; request for comments on proposed authorization and possible renewal)

Pipeline Safety: Pipeline Safety Enhancement Programs – Pipeline and Hazardous Materials Safety Administration (Notice)

Nevada DOT Launches Latino Cultural Preservation Project

The Nevada Department of Transportation and contractor Mead & Hunt are working to develop a “multiple property documentation form” or MPDF to help preserve Latino-related properties statewide, with a primary focus on the cities of Las Vegas and Reno.

[Above image via the Nevada DOT]

“This is an exciting new project that will pave the way for similar DOT projects throughout the country to preserve the rich cultural fabric of our communities across Nevada,” explained Cliff Creger, Nevada DOT’s chief of cultural resources, in a statement. “We are seeking input from the public on the important people and places to northern and southern Nevada’s Latino communities.”

He added that the resulting MPDF from that outreach seeks to reflect the way the Latino community defines the importance and use of properties. It also would cover how such properties are directly associated with Latino “themes” as well as their chronological periods in the historic contexts and/or which physical features convey distinctive design features.

The goal of the project is to build relationships within the Latino community, integrate the outreach findings and program into the MPDF, then develop a historical context for future transportation projects in Nevada.

This project also aims to “understand, explore, and propose criteria” to improve the “evaluation eligibility” of historical properties based on the Latino community’s unique past, standards, and values, the agency added. 

“We understand that the architectural history representation of the Latino culture is unique to its own past and can be understood from its own standards and values,” Creger noted.

This particular cultural outreach project undertaken by Nevada DOT is reflective of similar efforts by state departments of transportation nationwide.

For example, the Colorado Department of Transportation debuted a documentary called “Durango 550 – Path of the Ancestral Puebloans” in January to show how the agency worked with archaeologists and regional Native American tribes to document, study, and ultimately share the discoveries unearthed near Durango in southwest Colorado.

That particular archaeological excavation took place in 2018 and 2019 ahead of construction on the US 550-US 160 Connection South project in 2020.

“This documentary shows the unique collaboration of all entities involved, laying the groundwork for a new approach to archaeology, blending western science with traditional cultural beliefs,” explained Greg Wolff, a Colorado DOT archaeologist, in a statement.

In July 2021, the Ohio Department of Transportation helped open the new 54-mile-long Quaker Heritage Scenic Byway that seeks to foster a “new awareness” of cultural and historical diversity in rural southwest Ohio with stops along the way telling the story of Quakers who migrated to the region from the late 18th to the late 20th centuries.

That project helped reveal numerous layers of local history such as Quaker interactions with Native American communities, agriculture and land use, abolitionism, and religious practices – all identified through historical research, digital mapping, and told through “interactive” narratives.

Finally, the latest episode of the Environmental Technical Assistance Program or ETAP Podcast discussed ways state DOT cultural resources programs are exploring to identify and preserve homes built in the 30 years following World War II that may have potential historical significance.

AASHTO Comments on Latest Proposed WOTUS Revisions

The American Association of State Highway and Transportation Officials submitted a seven-page letter on February 2 to the Department of the U.S. Army and the Office of Water Oceans, Wetlands, and Communities Division within the Environmental Protection Agency to comment on the latest proposed revisions to Waters of the United States or WOTUS regulations.

[Above photo by the Ohio DOT]

The foremost concern expressed by AASHTO in its letter focused on the “need to clarify the standards used for determining the jurisdictional status of roadside ditches” so that the latest proposed WOTUS rule changes “clearly exclude” the overwhelming majority of roadside ditches.

“Unlike previous iterations of regulations defining WOTUS for which the agencies extended the public comment period, this proposed rule makes numerous changes to the pre-2015 definition of WOTUS, and relies on supporting documents including a 250-page Technical Support Document and 177-page Economic Analysis,” AASHTO emphasized. “But [it] does not give the public sufficient time to fully digest and understand the agencies’ proposal and submit comments.”

The debate over changes to WOTUS regulations spans several years. In September 2019, EPA and the Department of the Army – representing the U.S. Army Corps of Engineers – repealed and ended what they described as a “regulatory patchwork” that required implementing two competing sets of Clean Water Act rules, which created a regulatory burden across the United States, especially for transportation projects.

The EPA and Department of the Army published a proposed rule in February 2019 as part of the second step in this process – developing a new WOTUS definition that would “clearly define” where federal jurisdiction begins and ends in accordance with the Clean Water Act and Supreme Court precedent.

In that proposal, the agencies said at the time they would provide a “clear definition” of the difference between federally regulated waterways and those waters that rightfully remain solely under state authority.

EPA and the Department of the Army then published a final rule in April 2020 defining the scope of waters federally regulated under the Clean Water Act, while adhering to Congress’ policy directive to preserve states’ primary authority over land and water resources.

When that new final rule went into effect, it replaced the rule published in 2019 that formally repealed a regulatory effort initiated in 2015 to expand the WOTUS definition under the Clean Water Act.

However, the EPA and U.S. Army Corps of Engineers – via a broad environmental directive issued by President Biden in January 2021 – began an entirely new WOTUS revision process in November 2021, first to repeal the 2020-era rule and then to design a brand new WOTUS regulatory framework.

The constant back-and-forth changes to WOTUS regulations are the main concern of AASHTO and state DOTs, as it impedes the ability to effectively plan transportation projects. 

“We caution that any final rule should truly be final, to the extent possible,” AASHTO said in its February 2 letter. “Frequent rule changes – especially of the magnitude characterizing the WOTUS definition – can be damaging to our members, because uncertainty has a substantial impact on transportation projects that often have a long lead time.”

AASHTO also expressed “concern” with the suggestion by the EPA and Department of the Army that an “anticipated second rule” would seek to “further refine” the test for WOTUS and “build upon the regulatory foundation” of the initial rule now being proposed.

“A second rule that does not focus solely on clearly defining WOTUS but instead introduces new concepts, standards, or requirements that go beyond the case law will increase the probability of confusion, additional lawsuits, and the need for additional changes in the future, further harming our members’ ability to plan for projects,” the organization said.

Environmental News Highlights – February 2, 2022

FEDERAL ACTION

Coalition Urges Passage of Full FY 2022 AppropriationsAASHTO Journal

AASHTO Provides EV Charging Feedback to FHWA – AASHTO Journal

U.S. Supreme Court agrees to consider limiting wetlands regulation – Reuters

Environmental groups aren’t pushing Supreme Court picks. Here’s why. – Washington Post

The electrical grid of the future must be built around community need – The Hill (Opinion)

USDOT Announces Availability of $1.5 Billion in RAISE Grants Made Possible by President Biden’s Bipartisan Infrastructure Law – USDOT (Media release)

COVID-19

NYC Transit Tech Lab Names COVID-19 Response Challenge Winners – Government Technology

During COVID-19, Road Fatalities Increased and Transit Ridership Dipped – GAO (Blog)

INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY

WYDOT Proposes Reroute Of I-80 To Avoid Winter Closures – Cowboy State Daily

Urban Villages: The Key to Sustainable Community Economic Development – Planetizen

Alaska’s only Arctic deep draft port will get hundreds of millions of dollars from infrastructure bill – KNOM Radio

Massachusetts to install solar noise barrier along highway – PV Magazine

North Carolina Governor: A gas tax in a world that’s turning away from gas isn’t sustainable Charlotte Observer (commentary)

High-Speed Rail Board Clears Final Environmental Hurdles to Advance Service into Los Angeles California High-Speed Rail Authority (Media release)

AIR QUALITY

Critics say infrastructure projects won’t make a big enough impact on climate change – NPR

Tech giants call on SCOTUS to let EPA regulate CO2 emissions – The Verge

All-Electric, Zero-Emissions Intercity Bus Makes Its Debut in Santa Barbara County – Santa Barbara Independent

ENVIRONMENTAL JUSTICE

New Jersey Pioneers Transportation Solutions For Mobility-Marginalized Communities – Forbes

How Can A Road Be Racist? Don’t Ask That Question In Michigan. – Deadline Detroit

Improving Transit Options for Underserved Youth in Kansas City – Government Technology

Public transportation in Central NY falls short for people with disabilities – Post-Standard

Fact Sheet: A Year Advancing Environmental Justice – The White House (Media release)

NATURAL RESOURCES

Georgia DOT Expanding Adopt a Highway Partnership – AASHTO Journal

Central Park Is Opening a Lab to Study Climate Change – CityLab

Walton planners, commissioners seek more input from public on tree protection, preservation proposals – Northwest Florida Daily News

Fishermen Discouraged by EPA’s Delayed Timeline to Protect Bristol Bay Salmon Fishery – Alaska Native News

HEALTH AND HUMAN ENVIRONMENT/ACTIVE TRANSPORTATION

WisDOT program aims to improve transportation accessibility – WKBT-TV

5 U.S. Cities Where Bike Commuting Is Booming – CityLab

Wilmington, North Carolina Launches Mobility-As-A-Service Solution – SmartCitiesWorld

Construction begins on Pershing Bikeway – KGTV-TV

County Executive, Office of Transportation Announce Interactive Map Tool for County’s Pedestrian and Bicycle Master Plan – “Walk & Roll Anne Arundel!” – Anne Arundel County (Media release)

TRB RESOURCES/ANNOUNCEMENTS

Preparing for Winter Weather with Transportation Resources – TRB

Highway Capacity Manual 7th Edition – TRB

Advancing the Role of Women in Transportation with Laura Chace, ITS America President and CEO – ITE Talks Transportation (Podcast)

FEDERAL REGISTER NOTICES

Coastal Nonpoint Pollution Control Program: Proposal To Find That Louisiana Has Satisfied All Conditions of Approval Placed on Its Coastal Nonpoint Pollution Control ProgramNOAA and EPA (Notice) (Click here for link to correction)

Air Plan Approval; FL; Removal of Motor Vehicle RulesEPA (Final rule)

Air Plan Approval; New Hampshire; ConformityEPA (Proposed rule)

Approval and Promulgation of Implementation Plans; New York; Ozone and Particulate Matter Controls StrategiesEPA (Proposed rule)

Visitor Experience Improvements Authority Contracts – National Park Service (Proposed rule)

Pipeline Safety: Informational Webinar Addressing Inspection of Operators’ Plans To Eliminate Hazardous Leaks, Minimize Releases of Methane, and Remediate or Replace Leak-Prone PipePipeline and Hazardous Materials Safety Administration (Notice)

National Institute of Standards and Technology Standards and Performance Metrics for On-Road Autonomous Vehicles: Workshop – National Institute of Standards and Technology (Notice)

National Advisory Committee on Coal – Department of Energy (Notice of re-establishment)

National Advisory Council – FEMA (Solicitation; request for applicants for appointment to the National Advisory Council)