Expediting 401 Water Quality Certifications

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909010
Effective
Efficient
Transparent

• Expediting 401 Water Quality Certifications
• SEA Program
• GMAP Presentation
• Nov 16, 2005

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Water Quality Certification Universe

• Authority Section 401 Clean Water Act
• The 401 certifies that water quality is protected
• When is a 401 required? Need for federal
  approval drives process. Aquatic and wetland
  construction projects often require federal
  permit or license, which then requires 401
• Examples construction projects with wetland
  fill, pipeline projects, dredging
• Federal Permitting CZM consistency is usually
  done at the same time as 401 with the same staff
• 401 is an important tool for ensuring WA states
  WQ interests are represented on large projects

• The 401/Federal Permitting Universe
• Nationwide permits
• Routine 401s (and CZM)
• WSDOT Projects
• Big Projects
• Hydro Relicensing (not SEA)

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Federal Permitting Staff Resources

• Currently, 8.45 FTEs are devoted to all 401/CZM
  permitting
• Significant of time devoted to big projects,
  WSDOT, and NWP

• Adding new positions and filling vacancies will
  increase staffing significantly to about 12 FTE
  focused overall 401 permitting

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The 909010 story

• NWRO 401 Streamlining Pilot in 2002-2003 occurred
  at critical moment for Ecology
• Goal 90 of 401s issued in 90 days - improves
  on one-year statutory limit
• Goal Letter of application recd sent within 10
  days
• Pilot recommended 90 day clock include only
  Ecology days
• Aquatics database on-line for 2004
• Ecology recd some added funding to do 909010
  statewide in 2005-2007 biennium

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All of these efforts resulted in significant
progress in all aspects of state government, but
particularly in the area of environmental
regulation. Ecology has set timeliness targets
for the permits it issues. It is meeting its goal
of 90 percent of water-quality certifications
issued within 90 days. Ecology has also developed
flow charts that visually set out the permitting
process so that everyone knows what the process
should be, what the steps are, and what actions
are expected at every stage of the process.
Ecology recently conducted a survey of all its
customers. The respondents expressed that the
department had made great improvements in
transparency, timeliness and customer service.
This survey showed that, without a doubt, a
transformation has occurred.
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Ecologys Streamlined 401 Process

We send Comment Letter (plus requirement for
Federal Action if still needed)
JARPA received 90 Day Clock Starts
More Info Letter from Ecology
They submit final package
Early contact if made by applicant
They Submit More Info
Decision
SEPA Phone Meetings Site Visits
Ecology
Applicant
Ecology
Applicant
Ecology
Applicant Prepares More Info
Applicant Revises Info
We Review Final
We Review For Adequacy
Review
Clock Ticking
2 Weeks
Clock Stops

Clock Ticking
Clock Stops
90 Day Clock is ticking when in Ecologys Court
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Issuing 401s in 90 days

• Measure The length of time to make 401 decisions
• Goal 90 of routine projects receive 401
  decision within 90 days or less Ecology review
  time

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Letter of Receipt in 10 days

• Measure The length of time to send letter
  stating weve recd 401 application
• Goal Letter within 10 working days

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Closer look at the 401 clock

• 909010 is a fine goal, but what does it really
  mean to the applicant?

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Issues and Challenges

• Staffing
• Complex clock
• Database
• Waiting for other agencies
• Process changes
• Big projects
• Time from tech experts (wetlands, stormwater,
  sediment)

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Next Steps

• Hire new and vacant positions
• Standardize 909010 process
• Institute steps for supervisors and policy lead
  to regularly check on performance measures
• Focus on quick fixes to database to get data in
  and out, then improve database for long-term
• Work with other agencies to improve their
  responsiveness
• Big projects still need solutions examine the
  401,SEPA, ORA, Cost-Reimbursement nexus
• Develop environmental performance measures in
  addition to timeliness measures