Streamlining Transportation Reviews: Path to Stewardship ...Enhancing Transportation Stewardship Delegation of Federal Role for Environmental Reviews • Pilot program delegating federal

ENVIRONMENTAL DEFENSE

Streamlining Transportation Reviews: Streamlining Transportation Reviews: Path to Stewardship or ShortPath to Stewardship or Short--

Circuiting Environmental Protections?Circuiting Environmental Protections?

Presentation by Michael ReploglePresentation by Michael Replogle

To Transportation Research Board MidTo Transportation Research Board Mid--Year Meeting, Year Meeting, September 2005, Santa Fe, NMSeptember 2005, Santa Fe, NM


Enhancing Transportation Stewardship

Better Stewardship in Transportation Better Stewardship in Transportation Project Reviews: 6 PrinciplesProject Reviews: 6 Principles

1.1. Facilitate early, effective, continuous involvement of Facilitate early, effective, continuous involvement of stakeholders, resource agenciesstakeholders, resource agencies

2.2. Foster interagency coordination, resource sharingFoster interagency coordination, resource sharing

3.3. Properly classify and scope project reviewsProperly classify and scope project reviews

4.4. Consider array of alternatives: partial build, demand Consider array of alternatives: partial build, demand management, pricing, smart growth, mode choices, management, pricing, smart growth, mode choices, seeking to avoid and minimize adverse impactsseeking to avoid and minimize adverse impacts

5.5. Effectively consider secondary, cumulative, indirect Effectively consider secondary, cumulative, indirect impacts, induced demand, health, equityimpacts, induced demand, health, equity

6.6. Better integrate transportation, natural and Better integrate transportation, natural and community resource planning community resource planning




1.1. Facilitate early, effective, continuous involvement Facilitate early, effective, continuous involvement of stakeholders, resource agenciesof stakeholders, resource agencies




1.1. Facilitate early, effective, continuous involvement of stakeholdFacilitate early, effective, continuous involvement of stakeholders, resource agenciesers, resource agencies





1.1. Facilitate early, effective, continuous involvement ofFacilitate early, effective, continuous involvement of stakeholders, resource agenciesstakeholders, resource agencies









4.4. Consider array of alternatives: partial build, demand Consider array of alternatives: partial build, demand management, pricing, smart growth, mode choices, management, pricing, smart growth, mode choices, seeking to avoid and minimize adverse impactsseeking to avoid and minimize adverse impacts







4.4. Consider array of alternatives: partial build, demand managementConsider array of alternatives: partial build, demand management, pricing, smart growth, , pricing, smart growth, mode choices, seeking to avoid and minimize adverse impactsmode choices, seeking to avoid and minimize adverse impacts

5.5. Effectively consider secondary, cumulative, indirect Effectively consider secondary, cumulative, indirect impacts, induced demand, health, equityimpacts, induced demand, health, equity




1.1. Facilitate early, effective, continuous involvement of stakeholdFacilitate early, effective, continuous involvement of stakeholders, resource ers, resource agenciesagencies



4.4. Consider array of alternatives: partial build, demand managementConsider array of alternatives: partial build, demand management, pricing, , pricing, smart growth, mode choices, seeking to avoid and minimize adverssmart growth, mode choices, seeking to avoid and minimize adverse impacts e impacts

5.5. Effectively consider secondary, cumulative, indirect impacts, inEffectively consider secondary, cumulative, indirect impacts, induced demand, duced demand, health, equityhealth, equity

6.6. Better integrate transportation, natural and Better integrate transportation, natural and community resource planning community resource planning



3 Key Ways Transportation Plans 3 Key Ways Transportation Plans and Project Reviews Go Wrongand Project Reviews Go Wrong

•• Neglect alternatives that could reduce/avoid Neglect alternatives that could reduce/avoid adverse impacts:adverse impacts: Overly narrow purpose and Overly narrow purpose and need statements, disjointed planning and project need statements, disjointed planning and project reviews, premature frame of reviews, premature frame of ““project inevitabilityproject inevitability””

•• Ignore indirect impactsIgnore indirect impacts on land use, induced on land use, induced traffic, emissions, PM hot spots, health impacts, traffic, emissions, PM hot spots, health impacts, distribution of benefits and burdens among distribution of benefits and burdens among different groups, with deficient analysis tools, different groups, with deficient analysis tools, excessively segmented projects excessively segmented projects

•• Discourage stakeholder engagement:Discourage stakeholder engagement: too many too many fragmented, uncoordinated project reviews, fragmented, uncoordinated project reviews, spurning of stakeholder input, withholding dataspurning of stakeholder input, withholding data



What Progress on Streamlining and What Progress on Streamlining and Environmental Stewardship?Environmental Stewardship?

•• Extensive training and outreach to improve interagency Extensive training and outreach to improve interagency understanding, process developmentunderstanding, process development

•• Project reviews being done in shorter timeProject reviews being done in shorter time

•• Agencies developing Environmental Management Agencies developing Environmental Management Systems, better tools to appraise/manage impacts (but Systems, better tools to appraise/manage impacts (but many models still far short of good/best practice many models still far short of good/best practice –– even even after extended quite critical independent expert review)after extended quite critical independent expert review)

•• Inadequate resources still plague resource agencies Inadequate resources still plague resource agencies

•• Progress on DOT stewardship remains highly unevenProgress on DOT stewardship remains highly uneven



High Priority Expedited Project High Priority Expedited Project Reviews: Executive Order 13274Reviews: Executive Order 13274

•• September 2002 Executive Order September 2002 Executive Order sought sought ““to enhance to enhance environmental stewardship and environmental stewardship and streamline the decisionstreamline the decision--making making process in connection with major process in connection with major transportation projectstransportation projects““

•• US DOT has selected 19 projects US DOT has selected 19 projects for priority list (15 now active, 4 for priority list (15 now active, 4 graduated to transition list)graduated to transition list)



Does Streamlining Deliver Better Does Streamlining Deliver Better Stewardship?Stewardship?

•• 2004 Environmental 2004 Environmental Defense/NRDC report Defense/NRDC report

•• Evaluated first 13 projects Evaluated first 13 projects selected for priority list selected for priority list

•• Assigned projects red, Assigned projects red, yellow, or green light yellow, or green light ratings based on adequacy ratings based on adequacy of project review process of project review process in advancing stewardship in advancing stewardship



First Year of Experience Under First Year of Experience Under Executive Order: Stewardship At RiskExecutive Order: Stewardship At Risk

6 projects received 6 projects received yellowyellow lightlight

Certain aspects of these projects Certain aspects of these projects should be reconsideredshould be reconsidered

Only one project received Only one project received greengreen light: project review light: project review achieves good stewardship (Montana US 93)achieves good stewardship (Montana US 93)

6 projects received 6 projects received redred lightlight

Project review not adhering to basic Project review not adhering to basic principles of good stewardshipprinciples of good stewardship



RedRed LightLight for Circ Highwayfor Circ Highway•• Proposed 16Proposed 16--mile Burlington, VT freewaymile Burlington, VT freeway

•• 8/02:8/02: Original EA completedOriginal EA completed

•• 9/02:9/02: EPA Region 1 calls for SEISEPA Region 1 calls for SEIS

•• 10/02:10/02: Selected for EO Priority ListSelected for EO Priority List

•• 11/02:11/02: Stakeholders denied access to Stakeholders denied access to meetings to discuss revised EAmeetings to discuss revised EA

•• 5/03:5/03: Revised EA issued, followed by RODRevised EA issued, followed by ROD

•• 5/045/04: Federal court rules project approval : Federal court rules project approval violated NEPA by not adequately analyzing violated NEPA by not adequately analyzing environmental impacts or alternativesenvironmental impacts or alternatives



Circ Highway: Getting Back On Circ Highway: Getting Back On Track Track -- YellowYellow lightlight

•• 2004: FHWA/2004: FHWA/VtransVtrans started new EIS and must:started new EIS and must:

–– Solicit and respond to public inputSolicit and respond to public input

–– Consider alternatives to a new highwayConsider alternatives to a new highway

–– Evaluate impacts, including sprawlEvaluate impacts, including sprawl

•• 2005: Alternatives being screened include No2005: Alternatives being screened include No--Build, TDM, improved transit and bike/ped Build, TDM, improved transit and bike/ped facilities, improving existing roads, and building facilities, improving existing roads, and building a new roada new road



II--93 NH: Enough Mitigation, 93 NH: Enough Mitigation, Consideration of Alternatives?Consideration of Alternatives?

•• 2020--mile widening from 4 to 8 lanesmile widening from 4 to 8 lanes

•• 2002: DEIS issued2002: DEIS issued

–– Inadequate public involvement Inadequate public involvement and consideration of and consideration of alternatives in DEISalternatives in DEIS

–– DEIS shows widening will DEIS shows widening will attract 40,000 new residents & attract 40,000 new residents & 100,000 acres of new 100,000 acres of new development: conflict over development: conflict over adequacy of mitigationadequacy of mitigation

•• 2004: Project gets 2004: Project gets redred light light from Environmental from Environmental Defense/NRDCDefense/NRDC



II--93 Widening93 Widening--New HampshireNew Hampshire•• 20052005: FEIS shows little or no : FEIS shows little or no

improvementimprovement

•• ROD selects widening as Preferred ROD selects widening as Preferred AlternativeAlternative

•• According to Conservation Law According to Conservation Law Foundation:Foundation:–– Streamlining resulted in a project Streamlining resulted in a project

that overlooks important that overlooks important environmental and community environmental and community concerns, including the need for a concerns, including the need for a more balanced and sustainable more balanced and sustainable transportation system that includes transportation system that includes rail and transitrail and transit--oriented oriented developmentdevelopment



Intercounty Connector: Failing to Intercounty Connector: Failing to Consider Alternatives, ImpactsConsider Alternatives, Impacts

•• Proposed 18Proposed 18--mile $2.4+b toll road in Maryland mile $2.4+b toll road in Maryland rejected twice by federal/state decisionrejected twice by federal/state decision--makers makers in 1980s and 90s for its in 1980s and 90s for its ““unmitigatableunmitigatable”” adverse adverse impacts to parks and key headwater streamsimpacts to parks and key headwater streams

•• Put on EO fastPut on EO fast--track in 2003, DEIS issued Nov. track in 2003, DEIS issued Nov. 2004, FEIS expected fall 20052004, FEIS expected fall 2005

•• Project review earned Project review earned redred light rating from light rating from Environmental Defense/NRDC, and continues to Environmental Defense/NRDC, and continues to fail to address core stewardship concernsfail to address core stewardship concerns



Critics Faulted Intercounty Critics Faulted Intercounty Connector DEIS for Many ProblemsConnector DEIS for Many Problems

•• Seriously flawed traffic model Seriously flawed traffic model

•• Underestimated water quality and Underestimated water quality and stormwater impactsstormwater impacts

•• Land use impacts on traffic and air Land use impacts on traffic and air quality disregardedquality disregarded

•• Air quality and public health Air quality and public health impacts not evaluatedimpacts not evaluated

•• Parklands, habitat, and 4(f) impactsParklands, habitat, and 4(f) impacts

•• Greenhouse gas emissions/oil useGreenhouse gas emissions/oil use

•• Environmental justice and equityEnvironmental justice and equity



Intercounty Connector DEIS Flawed by Intercounty Connector DEIS Flawed by Failure to Consider AlternativesFailure to Consider Alternatives

•• Narrow purpose and need statement excludes Narrow purpose and need statement excludes consideration of reasonable alternatives that could consideration of reasonable alternatives that could avoid or minimize adverse impactsavoid or minimize adverse impacts

•• Agencies disregarding stakeholder input about Agencies disregarding stakeholder input about alternatives and enhancement of travel models that alternatives and enhancement of travel models that could foster broader support for review processcould foster broader support for review process



Considering a Considering a Proper Range of Proper Range of

AlternativesAlternatives•• Independent review of ICC Independent review of ICC

evaluated alternatives already evaluated alternatives already being studied separately but being studied separately but omitted from DEISomitted from DEIS

•• Identified four cheaper, better Identified four cheaper, better performing alternatives that performing alternatives that might avoid the ICCmight avoid the ICC’’s serious s serious adverse environmental impactsadverse environmental impacts

•• Laws require project review to Laws require project review to consider such optionsconsider such options



Alternatives Evaluated for ICC StudyAlternatives Evaluated for ICC Study



Rank Ordering of AlternativesRank Ordering of Alternatives



ICC DEIS Failed to Consider Potential ICC DEIS Failed to Consider Potential for Pollution Hotspotsfor Pollution Hotspots

% Change in Emissions Relative to the No Build Alternative

ICC Study Area

7.1%

-2.4%

-1.2%

-6.5%

-6.3%

9.3%

-0.8%

-0.8%

-7.7%

-6.7%

10.0%

-0.4%

-0.6%

-8.0%

-6.7%

-10.0% -8.0% -6.0% -4.0% -2.0% 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0%

ICC Build

Transit Oriented Land Use andInvestment

Add Toll Lane-Express Bus

Convert HOT Lane-Express Bus

Hybrid: Transit Oriented-HOTLane–Rail and Express Bus

Percent Change

Hydrocarbons Nitrogen Oxides Carbon Monoxide



ICC DEIS Underestimated Impervious ICC DEIS Underestimated Impervious Cover Growth by Factor of 4 to 5 Cover Growth by Factor of 4 to 5

Residential

area (acres) Growth 2000 to

2030 (acres) Percent Growth

2000 Land Cover 136,979 - 2030 DEIS ELUP 147,754 10,775 8% 2030 Smart Growth 182,064 45,085 33% 2030 Current Trends 198,426 61,447 45%

Forecast change in residential development: DEIS Forecast change in residential development: DEIS Expert Panel vs. independent University of Expert Panel vs. independent University of

Maryland/Woods Hole ICC water quality impact studyMaryland/Woods Hole ICC water quality impact study



SAFETEASAFETEA--LU: More Power for LU: More Power for Highway Agencies, But With LimitsHighway Agencies, But With Limits

•• Highway agencies can limit consideration in Highway agencies can limit consideration in EISsEISs of of alternatives to building new roads to some degreealternatives to building new roads to some degree

•• But resource agencies still must consider alternatives But resource agencies still must consider alternatives to avoid or minimize adverse harms to water quality, air to avoid or minimize adverse harms to water quality, air quality, historic resources, and endangered speciesquality, historic resources, and endangered species

•• Challenges to transportation project environmental Challenges to transportation project environmental approvals must be filed within 180 days of a ROD approvals must be filed within 180 days of a ROD --compelling law suits to challenge projects often years compelling law suits to challenge projects often years before there is funding to build thembefore there is funding to build them



SAFETEASAFETEA--LU Clean Air Protections: LU Clean Air Protections: Weakened But Still IntactWeakened But Still Intact

•• Applicability of conformity to hotspots Applicability of conformity to hotspots reaffirmed for public health protectionreaffirmed for public health protection

•• 20 year conformity planning horizon 20 year conformity planning horizon intact, unless state and local officials intact, unless state and local officials decide to adopt 10 yearsdecide to adopt 10 years

•• Reduced frequency of accounting for Reduced frequency of accounting for air quality impacts of transportation air quality impacts of transportation plans will enable road funds to flow for plans will enable road funds to flow for years longer to projects that cause years longer to projects that cause failure of air quality control plansfailure of air quality control plans



SAFETEASAFETEA--LU: Section 4(f) LU: Section 4(f) Protections Weakened, ReaffirmedProtections Weakened, Reaffirmed

•• de de minimusminimus exemption for Section exemption for Section 4(f) protection for historic 4(f) protection for historic resources, parks, wildlife/waterfowl resources, parks, wildlife/waterfowl refuges, recreation areasrefuges, recreation areas

•• Public notice and comment required Public notice and comment required whenever exemption is soughtwhenever exemption is sought

•• No exemption from Section 4(f)(2) No exemption from Section 4(f)(2) requirement for all possible requirement for all possible planning to minimize harm to planning to minimize harm to protected nonprotected non--historic resourceshistoric resources



Delegation of Federal Role for Delegation of Federal Role for Environmental ReviewsEnvironmental Reviews

•• Pilot program delegating Pilot program delegating federal role in federal role in environmental review to environmental review to 5 designated states5 designated states

•• Options for delegation of Options for delegation of CE, TE reviewsCE, TE reviews

•• Requirements for Requirements for continued public continued public involvement, judicial involvement, judicial review, federal oversightreview, federal oversight



State and Local Leadership More State and Local Leadership More Key Than Ever in StewardshipKey Than Ever in Stewardship

•• State/local agencies and private sector State/local agencies and private sector feel less federal pressure for feel less federal pressure for environment, public health stewardshipenvironment, public health stewardship

•• But public support for clean air, clean But public support for clean air, clean water, health protection undiminishedwater, health protection undiminished

•• Pricing and publicPricing and public--private partnerships private partnerships could help open door to enforceable could help open door to enforceable performance agreements regarding performance agreements regarding environment, health, accessibility, environment, health, accessibility, community and equity impactscommunity and equity impacts



Building and Sustaining Building and Sustaining Real StewardshipReal Stewardship

•• Green HighwaysGreen Highways: designing investment packages that : designing investment packages that avoid and fully mitigate adverse impacts by managing avoid and fully mitigate adverse impacts by managing corridor traffic growth, land use impacts, and corridor traffic growth, land use impacts, and remediation of impacts from current systemremediation of impacts from current system

•• Sustainable Transportation SystemsSustainable Transportation Systems: cleaner vehicles, : cleaner vehicles, cleaner fuels, better options for walking, biking, public cleaner fuels, better options for walking, biking, public transport, ridesharing, communications, smart transport, ridesharing, communications, smart growth, smart travel pricing, affordable housing growth, smart travel pricing, affordable housing

•• Integrated Planning for Smart Investment and System Integrated Planning for Smart Investment and System OperationsOperations: linking housing, economic development, : linking housing, economic development, natural resource, public health, and transportationnatural resource, public health, and transportation

Documents

Streamlining Transportation Reviews: Path to Stewardship ...Enhancing Transportation Stewardship Delegation of Federal Role for Environmental Reviews • Pilot program delegating federal