Transcript Environmental Streamlining

SAFETEA-LU:
Workshop on Planning and
Environmental Issues
AASHTO Center for Environmental Excellence
October 17-19, 2005
Arlington, Virginia
Workshop Agenda
• Monday
– AM: Overview Presentation
– PM: Cross-Cutting Issues (Planning/Environment)
• Tuesday
– AM: (A) Planning; (B) Environmental Review
– PM: (A) Air Quality; (B) 4(f); (C) Planning Wrap-Up
• Wednesday
– AM: Delegation
– PM: Wrap-Up and Next Steps
Agenda for This Morning
• 9:00 to 9:15
– Welcome
• 9:15 to 10:15
– Statewide and Metro Planning
– Air Quality
• 10:30 to 12:00
– Environmental Review Process
– Assumption of USDOT Responsibilities
– Section 4(f)
Materials
• Your folder includes:
– Agenda and list of attendees
– Summary paper
– Lists of issues/questions for break-outs
• Bound document includes:
– SAFETEA-LU sections
– Recent FHWA/FTA guidance
– TEA-21 sections
Overview of
Environmental and Planning Sections
in SAFETEA-LU
Presentation Topics
• For each topic, we will review:
– Key changes in SAFETEA-LU
– Required rulemakings or guidance (if any)
– Current FHWA/FTA implementation plans
Statewide and Metropolitan
Planning Process
Statewide and Metro Planning
SAFETEA-LU Sections
• Section 6001
– Addresses statewide and metropolitan
planning – amends 23 USC 134 and 135
• Section 3005 and 3006
– Virtually identical to Section 6001
– Amends 49 USC 5303 and 5304
Statewide and Metro Planning
Overview
Key Changes
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New Definitions
Longer Update Cycles
"Tweaks” to Planning Factors
O&M vs. Capital Investments
Need to Consider Environmental Mitigation
Changes to Consultation Requirements
Changes to Public Participation Requirements
Restrictions on Ability to Alter Interstate Compacts
Statewide and Metro Planning
Definitions
• New definitions in statute – applicable to
statewide and metropolitan planning:
– “Metropolitan planning area”
– “Metropolitan planning organization”
– “Non-metropolitan area”
– “Non-metropolitan local official”
– “TIP”
– “Urbanized area”
Statewide and Metro Planning
Update Cycles
• Statewide Plans:
– Must cover 20 years; no specific update cycle
(same as before)
• MPO Plans:
– 4 years in nonattainment and maintenance
areas (formerly 3 years)
– 5 years in attainment areas (same as before)
• TIPs and STIPs:
– 4 years (formerly 2 years)
Statewide and Metro Planning
Planning Factors
• Safety and Security:
– listed as separate factors to emphasize
“security” need
• Environmental:
– includes “promoting consistency between
transportation improvements and State and
local planning growth and economic
development patterns”
Statewide and Metro Planning
Transportation Plans
• O&M vs. Capital Improvement:
– MPO plans must identify “operational and
management strategies” as distinct from
“capital investment and other strategies”
• Environmental Mitigation:
– State and MPO plans must discuss
“potential environmental mitigation activities
and potential areas to carry out these
activities”
Statewide and Metro Planning
Agency Consultation
• Consultation with Other Planning Officials:
– USDOT must “encourage” MPOs to “consult” with
State and local officials responsible for:
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planned growth
economic development
environmental protection
airport operations, and
freight movements
Or “coordinate to the maximum extent practicable” with such
planning activities
– MPOs must give “due consideration” to such other
planning activities in the metro area
Statewide and Metro Planning
Agency Consultation
• Consultation With Resource Agencies:
– States and MPOs must “consult, as
appropriate” with State and local officials
responsible for:
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land use management
natural resources
environmental protection
conservation, and
historic preservation
Statewide and Metro Planning
Maps and Inventories
• Consultation With Resource Agencies:
– States and MPOs must, “as appropriate,”
compare transportation plan with:
• “State conservation plans or maps, if available”
• “inventories of natural or historic resources, if
available”
– Note: Statute does not require
consideration of wildlife crossing locations
Statewide and Metro Planning
Public Participation
• Parties Involved:
– For Statewide and metropolitan planning,
expands list of required participants to
include representatives of:
• “users of pedestrian walkways and bicycle
transportation facilities”
• “the disabled”
Statewide and Metro Planning
Public Participation
• “Participation Plan” (MPOs Only)
– Shall be developed “in consultation with all
interested parties”
– Shall give all interested parties “reasonable
opportunity to comment” on MPO’s
transportation plan
Statewide and Metro Planning
Public Participation
Communication Methods:
– To “maximum extent practicable,” States
and MPOs must:
• “hold any public meetings at convenient and
accessible locations and times”
• “employ visualization techniques to describe
plans” and
• “make public information available in
electronically accessible format and means”
such as the internet
Statewide and Metro Planning
Interstate Compacts
Interstate Compacts
– Preserves existing authorization for two or
more States to enter an interstate compact
to facilitate metropolitan planning.
– Limits ability to alter existing compacts
• “the right to alter, amend, or repeal interstate
compacts entered into under this subsection is
expressly reserved”
Statewide and Metro Planning
MIS Replacement
• Not addressed in SAFETEA-LU
• But under TEA-21 Sec. 1308, USDOT must:
– “eliminate the [MIS] as a separate requirement”
– Issue regulations to “integrate such requirement,
as appropriate, as part of the analyses required”
under transportation planning statutes and NEPA
• Caveat:
– “scope of the applicability of such [new]
regulations shall be no broader than the scope” of
the existing MIS regulation.
Statewide and Metro Planning
Implementation Steps
• Statutory Requirements
– 180 days to issue regulations on required
contents for “annual listing of projects”
– Must issue guidance on implementation
schedule (no deadline for guidance)
– Statute also states that:
• States and MPOs cannot be required to deviate
from established update cycles
• New requirements must be met for Plans, TIPs,
STIPs adopted on 7/1/07 or later
Statewide and Metro Planning
Implementation Steps
• FHWA/FTA plans
– Comprehensive rulemaking on state/metro
planning will be initiated soon
– Will implement SAFETEA-LU changes
– Will also cover TEA-21 issues, including
• Changes to planning factors
• MIS elimination / integration
Air Quality
Air Quality
SAFETEA-LU Sections
• Section 6011
– Changes to Conformity
• Section 1808
– Changes to CMAQ
Air Quality
Section 6011 - Conformity
• Key Elements
– Frequency
– Time Horizons
– TCM Substitution
– Grace Period for Conformity Lapse
Air Quality
Section 6011 - Frequency
Conformity findings must be made:
– at least once every 4 years – but more
often if plan/TIP changes
Conformity findings must be made:
– within 2 years after approval of a new or
revised motor vehicle emissions budget in
a SIP
Air Quality
Section 6011 - Time Horizons
• Allows shorter time horizon for determining
conformity; would be the latest of:
– (1) the 10th year of the plan;
– (2) the latest year for which there is an emissions
budget in the SIP; or
– (3) the year of completion of a regionally
significant project.
• Shorter period requires:
– Consultation with air agency
– Public notice/opportunity to comment
– Regional emissions analysis for “out years”
Air Quality
Section 6011 - TCM Substitution
• TCMs that are specified in a SIP may
be replaced if:
– New TCMs provide “equivalent or greater
emissions reductions” and
– Other requirements are met, including:
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Same as original implementation schedule
Adequate funding, authority to implement
Developed thru collaborative process
MPO, State air agency, and EPA concur that it
provides equivalent emissions reduction
Air Quality
Section 6011 - Grace Period
• Effect of Conformity Lapse
– Previously, lapse occurred immediately
upon missing deadline.
– Now, lapse occurs 12 months after missed
deadline.
• Known as “grace period”
• Effectively allows additional year to achieve
conformity
Air Quality
Section 6011 - Implementation
Regulations
– 2-year deadline for EPA to issue revised
transportation conformity regulations
– FHWA/FTA working with EPA to develop
“interim guidance” on conformity – to apply
until new regulations are issued
Air Quality
Section 1808 - CMAQ
Key Elements
– Funding eligibility expanded
– Prioritization of cost-effective measures
and diesel retrofit
– Interagency consultation requirement
– Evaluation of CMAQ projects
– Database of CMAQ projects
– State-by-State flexibility in CMAQ funds
Air Quality
CMAQ - Funding Eligibility
• CMAQ funds may be used to:
– truck stop electrification;
– TSM / ops to mitigate congestion, improve air quality;
– purchase of “integrated, interoperable emergency
communications equipment”
– purchase of diesel retrofits for motor vehicles or nonroad vehicles and non-road engines for construction
projects in ozone/PM areas and funded under Title 23
– assistance to diesel equipment and vehicle owners
and operators regarding the purchase and installation
of diesel retrofits
Air Quality
CMAQ – Prioritization
• States and MPOs that receive CMAQ funds must
give priority to diesel retrofits and other cost-effective
emission reduction activities.
• Priority requirement does not apply to CMAQ
minimum apportionment funds
• Existing authorities regarding project selection are
not disturbed.
• EPA required to issue:
– Guidance, including list of diesel retrofit technologies;
– information regarding cost-effectiveness of emissionreduction technologies, “taking into account air quality and
health effects.”
Air Quality
CMAQ – Agency Consultation
• Consultation
– In nonattainment and maintenance areas,
USDOT to “encourage” States and MPOs
to consult with State and local air agencies
regarding estimated emission reductions
from proposed CMAQ programs and
projects
Air Quality
CMAQ – Assessment
• Assessment
– USDOT, in consultation with EPA, must
“evaluate and assess a representative
sample of projects” funded under CMAQ
• Database
– USDOT must “maintain and disseminate a
cumulative database” with information
describing the impacts of CMAQ-funded
projects on congestion and air quality.
Air Quality
Section 1808 - CMAQ
Implementation Steps
– EPA, in consultation with USDOT, must
issue guidance on cost-effective emission
reduction strategies (no deadline)
– Changes to CMAQ eligibility effective
immediately
– CMAQ guidance will be updated
– EPA will issue guidance on obtaining
conformity credit for diesel retrofits
Environmental Review Process
Environmental Review Process
SAFETEA-LU Sections
• Section 6002
– Environmental review process, including
statute of limitations
• Section 1503
– Changes to design-build regulations
• Section 6010
– Requirements for ITS projects
Environmental Review Process
Section 6002 – Overview
Key Elements
– Lead and participating agencies
– Coordination plan and schedule
– Purpose and need, alternatives
– Comment deadlines
– Issue identification & issue resolution
– Funding assistance
– Effect on Section 1309 procedures
– Statute of limitations
Environmental Review Process
Section 6002 – Key Elements
Lead and Participating Agencies
– USDOT as lead agency
– States/local govt. as joint lead agency
– Designation of “participating agencies”
Coordination Plan and Schedule
– “Coordination plan” required
– Schedule optional
– Project-specific or program-wide
Environmental Review Process
Section 6002 – Key Elements
Purpose and Need
– Lead agency defines (for its study)
– Must provide “opportunity for involvement”
– Statute lists goals that can be included
Alternatives
– Lead agency defines (for its study)
– Must provide “opportunity for involvement”
– Can develop Preferred to higher level
– Lead agency determines methodology
Environmental Review Process
Section 6002 – Key Elements
Deadlines
– 60 days for DEIS
– 30 days for all other comment periods
– Some flexibility to extend – e.g., good cause
Issue Identification and Resolution
– Lead agency provides information
– Participating agencies flag “issues of concern”
– Issue resolution process can be triggered by
State and/or project sponsor
Environmental Review Process
Section 6002 – Key Elements
Funding Assistance
– Funded activities must “meaningfully
contribute to expediting” the process
– Can fund Federal, State, and tribal agencies
– Can fund programmatic activities
Effect on Existing Procedures
– Repeals Section 1309 of TEA-21
– Grandfathers State environmental review
process approved by USDOT under 1309
Environmental Review Process
Section 6002 – Key Elements
• Statute of Limitations
– Applies to decisions by any Federal
agency for a highway or transit project.
– Bars lawsuits unless filed within 180 days
after Federal Register notice of decision
– Note:
• Separate Federal agency decisions may have
separate 180-day periods
• But can be grouped in one announcement
Environmental Review Process
Section 6002 – Implementation
Regulations
– Rulemaking not required for Section 6002
– No rulemaking planned at this time, but
could occur in the future (23 CFR 771)
Guidance
– Being developed for
• environmental review process under Sec. 6002
• 180-day statute of limitations
Environmental Review Process
Section 1503 – Design-Build
Key Elements
• Must revise design-build regulations to allow
the following prior to completion of NEPA:
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Issuing design-build RFP
Entering design-build contract
Preliminary engineering under design-build contract
Note: “design build contract” includes concessions
Implementation Steps
– 90-day deadline to revise design-build regulations
Environmental Review Process
Section 6010 – ITS Projects
Key Elements
• Must create CE or CEs for ITS projects
• Must develop national PA for Sec. 106
Implementation Steps
– 1-year deadline to initiate rulemaking that
establishes CEs for ITS projects
– USDOT to determine which USDOT
agency will have lead for this effort
Assumption of USDOT
Responsibilities
Assumption of USDOT Roles
SAFETEA-LU Sections
• Section 6003
– TEs and Rec Trails
• Section 6004
– CEs
• Section 6005
– All project types
Assumption of USDOT Roles
Section 6003 – Rec Trails and TEs
Key Elements
• Pilot for up to 5 states
– Application process to select states
• Allows USDOT to assign NEPA and
certain other responsibilities
– Cannot assign tribal consultation role
• State must accept federal court review
Assumption of USDOT Roles
Section 6003 – Rec Trails and TEs
Implementation Steps
– Statute does not require rulemakings or
guidance
– No specific implementation steps planned
by FHWA
– FHWA encouraging States to use existing
programmatics and/or CE delegation under
Section 6004 in lieu of Section 6003
Assumption of USDOT Roles
Section 6004 – CE Projects
Key Elements
• Not a pilot; available to all States
• Allows USDOT to assign NEPA and
certain other responsibilities for CEs
– Cannot assign tribal consultation role
• Must be documented in MOU
• State must accept federal court review
Assumption of USDOT Roles
Section 6004 – CE Projects
• Implementation Steps
– No regulations or guidance required by
statute
– No current plans to issue regulations
– Template MOU being developed (expected
in 3-4 months)
– Discussions under way with State DOTs
Assumption of USDOT Roles
Section 6005 – All Project Types
Key Elements
• 5 States (AK, CA, OH, OK, TX)
• Allows USDOT to assign NEPA and certain
other responsibilities – for all projects
– Cannot assign planning, conformity roles
– Does not mention tribal consultation role
• State must identify roles it wants to assume
• State must accept federal court review
Assumption of USDOT Roles
Section 6005 – All Project Types
Implementation Steps
– 270 days to issue regulations defining
information needed in application
– Discussions under way with 5 States
– Tribal consultation role will not be
delegated
Section 4(f)
Section 4(f)
SAFETEA-LU Sections
• Section 6007
– Exemption for Interstate System
• Section 6009(a)
– “De Minimis” Findings
• Section 6009(b)
– Rulemaking on Prudence/Feasibility
Section 4(f)
Section 6007 – Interstate System
• Key Elements
– Exempts Interstate System from being
treated as a historic property
• except for segments identified by FHWA
– Parallels Section 106 exemption approved
by ACHP for Interstate System.
– Section 4(f) still applies to other properties
affected by projects on Interstate System
• e.g., historic farm adjacent to highway
Section 4(f)
Section 6007 – Interstate System
Implementation Steps:
– No requirement in statute for regulations or
guidance to implement Section 6007
– But under 106 exemption, historic segments
of Interstate must be identified by 6/30/06.
• FHWA retaining consultant to identify historic
segments of Interstate System
• Will be seeking input from State DOTs
Section 4(f)
Section 6009(a) – De Minimis
• Key Elements
– Allows finding of “de minimis” impact to
satisfy Section 4(f) requirements
– In general, “de minimis” finding requires:
• No adverse effect on protected features
• Concurrence of official with jurisdiction
– Particulars differ for historic vs. parks
• e.g., public notice/comment; minimization req’mt.
Section 4(f)
Section 6009(a) – De Minimis
Implementation Steps
– No regulations or guidance required under
statute for “de minimis” finding
– Guidance is being developed
– FHWA says:
• For historic properties, de minimis findings can
be made now
• For parks, rec areas, and refuges, must wait for
guidance before making de minimis findings.
Section 4(f)
Section 6009(b) – Rulemaking
• Key Elements
– Requires rulemaking to clarify “no prudent
and feasible alternative” standard
– Rulemaking must:
• Clarify standard as applied to “different types of
transportation programs and projects
depending on the circumstances of each case”
– Rulemaking may:
• include “examples to facilitate clear and
consistent interpretation” of this standard
Section 4(f)
Section 6009(b) – Rulemaking
Implementation Steps
– 1-year deadline in statute for issuing
regulations on prudence/feasibility
Q&A