The federal highway Administration (FHWA) issued final rules on performance measures for congestion and freight movement that include requirements for states to measure and report CO2 (Greenhouse Gas- GHG) emissions from on-road vehicles for projects receiving federal funding. AGC and numerous other groups and Members of Congress advised FHWA in formal comments on the proposal that it lacked authority to expand into CO2 emissions but FHWA said it didn’t agree.
In a separate action, the Department of Transportation (USDOT) released updated implementation procedures for states to use to comply with the National Environmental Policy Act (NEPA). Not only did USDOT rush these procedures out for publication with limited (21 days) for comment, the document adds a new level of oversight to the environmental review process. This undermines efforts by Congress in the past three transportation authorization bills and previous administrations to streamline environmental review and shrink the time it takes for project approval.