The South Carolina Department of Transportation recently took its first step in pursuit of National Environmental Policy Act or NEPA assignment duties, courtesy of the SCDOT Modernization Act passed by the state’s general assembly and signed by Governor Henry McMaster (R) – legislation that went into effect on July 1.
[Above photo by SCDOT]
SCDOT noted that federal law allows states to assume environmental review responsibilities from the Federal Highway Administration via NEPA assignment – and the SCDOT Modernization Act specifically gave the agency the authority to pursue NEPA assignment as a means to accelerate project delivery.
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.
Once the process is complete, South Carolina will be among several other states participating in the NEPA assignment program, including Florida, Arizona, Utah, Texas, Ohio, Nebraska, Maine, and Alaska.
“The [South Carolina] general assembly’s leadership will pay dividends for years to come,” said Powell, who also serves as the treasurer of the American Association of State Highway and Transportation Officials, in a statement.
[Editor’s note: At its 2026 Washington Briefing in Washington, D.C., AASHTO hosted a knowledge session that examined how states are working to assume more NEPA responsibilities from the federal government.]
“The SCDOT Modernization Act positions South Carolina to take greater control of delivering critical infrastructure projects more efficiently, while also allowing South Carolinians to consider protecting what makes South Carolina so special and unique,” he added.
The agency also noted that it is requesting authority to assume FHWA’s responsibilities under the National Historic Preservation Act and the Federal Endangered Species Act. By eliminating the need for FHWA approval at each step of project development, SCDOT said it will significantly reduce review times, reduce costs, and move projects from planning to construction faster. At the same time, decisions are still held to the same environmental standards and requirements, stressed Powell.
“When I’ve talked with my colleagues in other states, they have seen projects speed up by months and years because the state can control its destiny instead of waiting for somebody in Washington to make a decision,” he noted.
To maintain accountability and transparency, SCDOT said it will publish a comprehensive “NEPA Manual” within one year of joining the program and issue regular reports to the public showing the program’s effectiveness, time savings, and financial impacts.
NEPA Process
