Fixing America's Surface Transportation (FAST) Act
On December 4, 2015, the Fixing America’s Surface Transportation (FAST) Act was signed into law. Title 41 of the FAST Act (FAST-41) (42 U.S.C. § 4370m) was designed to improve the timeliness, predictability, and transparency of the Federal environmental review and authorization process for covered infrastructure projects. FAST-41 created a new entity – the Federal Permitting Improvement Steering Council (FPISC), composed of agency Deputy Secretary-level members and chaired by an Executive Director appointed by the President. FAST-41 establishes new procedures that standardize interagency consultation and coordination practices. FAST-41 codifies into law the use of the Permitting Dashboard to track project timelines, including qualifying actions that must be taken by EPA and other federal agencies. Project sponsor participation in FAST-41 is voluntarily.
- Permitting Dashboard
- FPISC Implementation Guidance dated January 13, 2017
- EPA Guidance Memos
One Federal Decision (OFD)
Revoked on January 20, 2021 by Executive Order 13990 (Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis), Executive Order 13807 of August 15, 2017 (Establishing Discipline and Accountability in the environmental Review and Permitting Process for Infrastructure Projects) is no longer compulsory. Under Executive Order 13990 the Director of OMB and the Chair of the Council on Environmental Quality shall jointly consider whether to recommend a replacement order.
Executive Order 13807, and the accompanying Memorandum of Understanding, formerly required Federal agencies to process environmental reviews and authorization decisions for "major infrastructure projects" as One Federal Decision (OFD). That meant that all Federal agencies with environmental review, authorization, or consultation responsibilities for major infrastructure projects had to develop a single Environmental Impact Statement (EIS) for such projects, sign a single Record of Decision (ROD) and issue all necessary authorizations within 90 days thereafter, subject to limited exceptions.
EPA Guidance and Programs Relevant to FAST-41 and OFD Projects
Below are links to the review processes of EPA programs most relevant to FAST-41 and OFD projects.