Page 54 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

ENVIRONMENTAL ISSUES 37

A key concept mandated by CERCLA is “cradle-to-grave” responsibility for hazardous
substances. Liability for a hazardous substance begins when it is accepted on the site or for-
mulated at the site and continues after it is disposed off-site at a legally permitted facility.
CERCLA is important to the highway planning process primarily in the acquisition of
right-of-way. Accepting financial liability for contaminated property may affect the finan-
cial feasibility of a project. In addition, if significant cleanup must take place before high-
way construction can begin, substantial delays to the project may result. The presence of
contaminated materials along the alignment of a proposed highway alignment may be a
crucial element in determining whether it is viable route. Careful evaluation of the nature
and extent of the contamination as well as the cleanup alternatives, costs, schedule, and
ongoing liability is warranted on all sites within a planned right-of-way purchase. Title III
of SARA established mandatory federal standards for community right-to-know programs,
and for reporting toxic chemical release by manufacturers.

1.4.4 Federal Requirements Governing Use of Farmland
Recreation Lands and the Coastal Zone
Farmland Protection Policy Act (FPPA). The Farmland Protection Policy Act of 1981
(73 USC §4201 et seq.) requires that a federal agency evaluate the effects a project may
have on prime farmland before that agency can approve any action that may result in the
conversion of farmland from agricultural use to nonagricultural use. The FFPA requires
that before any federal action that would result in conversion of prime farmland is approved,
the U.S. Department of Agriculture (USDA) must examine the effects of the action using
criteria set forth in the FFPA. If it is determined that there are adverse effects, alternatives
to lessen them must be considered. This process requires an inventory, description, and
classification of affected farmlands be completed in consultation with the U.S. Soil
Conservation Service within the USDA.
The evaluation of land for agricultural use includes productivity, proximity to other land
uses, impacts on remaining farmland after the conversion, and indirect or secondary effects
of the project on agricultural and other local factors.

Federal Coastal Zone Management Act. The federal Coastal Zone Management Act of
1972 (16 USC §§1451–1464) requires states with coastlines to develop and implement
federally approved coastal zone management programs (CZMPs). Once a state has an
approved management program, federal projects or federally permitted development
affecting the coastal zone must conform to the requirements of the state program “to the
maximum extent practicable.” A determination of consistency with the approved CZMP is
required from the state before federal approval can be granted.

Federal Wild and Scenic Rivers Act. The federal Wild and Scenic Rivers Act (16 USC
§§1271–1287) provides that rivers and their immediate environment that meet specified
criteria shall be preserved in free-flowing condition, and that they and their immediate
environments shall be protected for the benefit and enjoyment of present and future gener-
ations. A river placed in the Wild and Scenic River System may not be degraded in its wild
and scenic value as a consequence of an action by a federal project or agency. Any pro-
posed federal construction projects on the river or in its immediate environment must be
brought before Congress with an explanation of how the river can maintain its wild and
scenic recreation value despite the proposed construction activity.
Fish and Wildlife Coordination Act. The Fish and Wildlife Coordination Act (16 USC
§§661–666) requires coordination and consultation among (1) the agency proposing the