Overview of Environmental Permitting for Transportation Projects

1
Overview of Environmental Permitting for
Transportation Projects

• Preliminary Report
• Steve Lerch, JLARC Analyst
• Gary Walvatne, TechLaw Inc.
• December 17, 2004

2
Scope of Review

• A pre-audit (overview of issues)
• A review of permit streamlining activities in
• Washington State
• 24 state DOTs
• The beginning of the audit process, to help TPAB
  consider detailed audit topics
• Some initial management recommendations to
  agencies, when practical and supportable

3
Summary of Findings Washington

• National leader in permit streamlining
• Successes include
• Multi-Agency Permitting (MAP) Team
• On-line permit applications
• Programmatic permits for routine maintenance
• WSDOT liaison program.

4
Summary of Findings Other States

• Interviews with 24 state DOTs
• Two common themes
• Create cultural change -- encourage creativity
  and non-traditional problem solving
• Create efficiencies through use of technology.

5
Objectives of Review

• Describe streamlining initiatives in Washington
  and other states
• Identify successful projects in other states that
  could be implemented in Washington
• Determine management-related success factors that
  foster effective streamlining
• Identify options for future TPAB audits and/or
  evaluations

6
What is Environmental Permit Streamlining?

• Expedited transportation project delivery while
  being good stewards of the environment
• Streamlining Components
• Reduced Time
• Reduced Cost
• Maintain or Improve Environmental Performance

7
State Reviews

• Interviews in Washington, other states used the
  same interview format
• Washington interviews were face-to-face
• Included transportation, resource agencies
• Interviews with other states held by telephone
• Limited to State DOT staff
• Focus Group of 10 State DOTs
• Additional State DOTs

8
Streamlining Categories

• Proactive Regulatory Affairs Activities
• Process Re-engineering
• Agency Resources
• Technology
• Time Management

9
Summary Tables

• Provided in Appendices 4 and 5
• Tables identify
• Streamlining initiatives and projects
• Responsible regulatory authority
• Status of initiative/project
• Accomplishments
• Factors leading to successful development
• Factors that were overcome

10
Washington State Review

• Interviews with Transportation Agencies
• WSDOT Environmental Services
• Washington State Ferries
• Washington State Rail
• US DOT Federal Highway Administration

11
Washington State Review

• Interviews with Resource Agencies
• Washington Department of Ecology
• Washington Department of Fish and Wildlife
• US Environmental Protection Agency
• US Fish and Wildlife Service
• National Marine Fisheries Service (NOAA
  Fisheries)
• WSDOT Northwest Region MAP Team

12
Washington Survey ResultsSuccesses

• WSDOT MAP Team
• WSDOT liaison program
• On-line Joint Aquatic Resource Permit Application
  (JARPA)
• 45-day hydraulic project approval for a JARPA

13
Washington Survey ResultsSuccesses

• Development of dispute resolution processes
• Interagency cooperative agreements
• Dispute resolution
• Information sharing
• Communication

14
Washington Survey ResultsSuccesses

• Programmatic permitting for maintenance and
  operations activities
• TPEAC-initiated permits
• WSDOT-initiated permits
• WSDOT Environmental GIS Workbench
• TPEAC activities encouraged individual agencies
  to start additional streamlining initiatives

15
Washington Survey ResultsAreas Requiring
Further Attention

• Workload Forecasting
• WSDOT Liaison Program
• Highway Runoff
• Talent Ruling 9th Circuit Court
• Signatory Agency Committee
• Design-Build Initiative
• Reader-Friendly Documents

16
Washington Survey ResultsAreas Requiring
Further Attention

• Inconsistent Funding
• Failure to fund proposed initiatives
• "Interrupted" funding
• Start-and-stop funding
• Low salaries create employee turnover
• Inadequate funding for proposed mitigation
  alternatives for project impacts

17
Survey of Other States

• Review streamlining for USDOT priority
  transportation projects
• Survey streamlining developed or implemented by
  other State DOTs
• Assess management successes for lessons learned
  that could be applied in Washington

18
Review of USDOT Priority Projects

• Established by Executive Order 13274
• Projects nominated by agencies and officials
• 3 selection criteria
• National or regional significance
• High level of support from elected officials
• Undue delay or anticipated delay due to slow
  federal agency review or coordination
• Not considered model projects of the streamlining
  process

19
Survey of Other States

• Focus Group of 10 State DOTs
• California Ohio
• Florida Oregon
• Louisiana Pennsylvania
• Minnesota Texas
• North Carolina Utah

20
Survey of Other States

• 14 Additional State DOTs
• Alaska Nevada
• Illinois New Hampshire
• Indiana Oklahoma
• Iowa South Carolina
• Maine Tennessee
• Mississippi Virginia
• Missouri Wisconsin

21
Other StatesSuccessful Initiatives

• Two common themes
• Create cultural change encourage creativity and
  non-traditional problem solving
• Create efficiencies through use of technology

22
Other StatesSuccessful Initiatives

• Governmental affairs office to track legislation
• Interagency agreements
• Programmatic permits
• Funding resource agency positions
• Brief, concise, and legally-sufficient EISs
• Multi-agency planning and permitting teams
• GIS- and technology-based information management

23
Other StatesManagement Success Factors

• Sense of urgency
• Strong support from Executive and Legislative
  Branches

24
Other StatesLessons Learned

• Standardize data systems
• Use best-available scientific information to
  limit project field survey work
• Make preliminary environmental assessments prior
  to project development

25
Other StatesLessons Learned

• Create quality-improvement teams
• Re-design project-delivery processes
• Assess project risks continuously in terms of
  cost, scope, and schedule

26
Other StatesLessons Learned

• Secure consistent legislative commitment to
  streamlining initiatives within natural resource
  agencies
• Purchase right-of-way for environmental
  mitigation in advance of need
• Provide internships at FHWA headquarters for DOT
  staff

27
Review Conclusions

• Washington State is a national leader in permit
  streamlining
• Compares favorably with other advanced
  streamlining programs
• Review identifies initiatives with positive
  outcomes
• Some activities too new to evaluate
• Successful efforts in other states may hold
  promise for Washington

28
Management Recommendations

• 1WSDOT should investigate FL, MN project
  delivery designs.
• 2WSDOT, Ecology, WDFW should consider
  standardizing GIS, other data to ease exchange.
• 3WSDOT, Ecology, WDFW should investigate use of
  best available scientific data as substitute
  for field survey work.

29
Options for Future Audits/Reviews

• A Assess WSDOT progress in implementing
  environmental management system (delayed start).
• B Determine impact of resource agency employee
  turnover on the permitting process.
• C Identify additional performance measures for
  environmental permitting.