NEPA News


7
May 10

For NEPA Nerds, TRB’s discussion of NEPA 50% faster

So what’s going on with NEPA 50% faster initiative? Joe Shalkowski, Associate VP of Transportation Planning at PBS&J, attended the annual TRB meeting in January. Joe reported on what the TRB discussed to reduce the timeframe of the transportation project development process by 50% to the Austin subchapter of the Texas Association of Environmental Professionals. Both Joe and the TAEP were kind enough to allow Cubit to record the presentation and post it to YouTube (see below) as well as load the PowerPoint into Slideshare.

Here are a few points of interest that I took away from the presentation.

  • In Washington, a mandate was discussed that would require the affected environment section to appear before the development of alternatives section.
  • FHWA is in the process of taking all NOIs that are more than 10 years old off of the books.
  • The average time to complete the NEPA process nationwide is 6 years. This is for CEs, EAs and EISs. So it’s likely that the few huge EISs are skewing that average upwards.
  • The original size of an EA was supposed to be 15 pages.

Major causes of delay in the NEPA process

According to Joe’s presentation, the TRB concluded that the major causes of delay in the NEPA process are:

  • Low project priority,
  • Lack of funding,
  • Local controversy, and
  • Project complexity.

The NEPA 50% Faster Survey that came out of the Re:NEPA discussion agreed with the lack of funding issue and the local controversy issue as being major sources of delay and frustration. The survey results didn’t indicate that in the opinion of the more than 100 NEPA professionals who took the survey that low project priority and project complexity were major sources of delay.

Top 10 Ways to make NEPA more Efficient

There were 10 ways discussed at the TRB meeting to make NEPA more efficient and effective.

  1. Take advantage of the planning process as a catalyst for NEPA
  2. Initiative NEPA review only when the project is “ripe”
  3. Invest in focused scoping to determine the real issues
  4. Don’t avoid, but manage risk
  5. Establish a realistic schedule
  6. Prepare decision focused documents
  7. Avoid encyclopedic disclosure for the sake of full but unnecessary levels of costly bullet proofing
  8. Actively promote joint review opportunities
  9. Respect the Technical Support Data file and Administrative Record
  10. Quality, Innovation, and Training

Sounds good, right? My problem with this list is that it’s not a list of actionable items for me to improve my process when preparing a NEPA document. For example, when I start my work, I don’t say to myself, “Now I’m going to establish an unreasonable schedule.” Everyone tries to establish a reasonable schedule. Nor do I say “this project isn’t ripe yet; let’s begin working on it.” Instead of vague advice like ‘establish a reasonable schedule’ and ‘work on ripe projects,’ how about providing actionable changes?

Actionable Suggestions for Improving Efficiency of the NEPA Process

I caught up with Joe after his presentation to ask him this question- “Give me some actionable changes that I can implement today when preparing NEPA documents.” Below are 3 actionable suggestions from Joe.

  1. Check the STIP/TIP to make sure you have a matching project description BEFORE beginning your work on the project.
  2. Conduct a risk assessment. (I didn’t do a good job of asking Joe to explain to me the details of a risk assessment for a NEPA document. So if you’ve ever done a risk assessment and have found it to be a helpful tool, please leave me a comment with more information about how this works and what risk you assessed).
  3. EAs should only have 2 alternatives–a build and a no-build.

You can check out the YouTube videos of Joe’s presentation below. Please leave me your thoughts in the comments, especially if you are familiar with how a risk assessment can make the NEPA process more efficient.

Part 2 from the Presentation
Part 3 from the Presentation
Part 4 from the Presentation
Part 5 from the Presentation


31
Mar 10

Indirect Impacts in Recent Transportation EISs and EAs

While uploading documents to the Cubit NEPA Library, I researched 30 transportation EIS and EAs from various states that were published in 2009 or early 2010, focusing on the indirect impact section of the documents. The chart below shows what types of indirect impacts the documents discussed.

What I learned from my unscientific Indirect Impacts survey:

  • Almost 100% of documents noted that the proposed project would indirectly impact land usage. Since the documents I studied were all transportation projects, this is not surprising.
  • Traffic indirect impacts encompassed almost 70% of the researched documents. Again, the documents I studied were infrastructure projects so long-term traffic effects should be prevalent, but did not necessarily need mitigation.
  • 47% of the documents addressed socioeconomic indirect effects. Perhaps the number of documents that were concerned with this issue wasn’t higher, because some proposed projects were in rural locations and not near existing residents.
  • Water Resources, Wetlands, and Biological indirect impacts were prevalent in about the same percentage of documents. Maybe the percentages aren’t higher because some agencies encompassed these effects within the broader category of land use.
  • A mere 13% of the documents addressed air quality as an indirect impact.

A Closer Look at the Indirect Impact Section:

The most ambiguous part of exploring possible indirect impacts is the requirement for the effects to be “reasonably foreseeable.” Even the guidelines for analyzing potential indirect impacts aren’t very clear. What if an area’s population grows dramatically within the next ten years, regardless of whether or not an improvement is made to an existing roadway? NEPA documents are supposed to address indirect impacts of all of the proposed alternatives, including the no-build alternative where no changes would be made. But after doing my research, I’ve discovered that some documents don’t separate the analysis of indirect and direct effects, or they just analyze direct and cumulative impacts without delving into studying indirect impacts separately. Perhaps because indirect impacts are very difficult to distinguish from direct impacts or already existing or future conditions, agencies don’t spend as much time analyzing them. In conclusion, indirect impacts are difficult to predict but must be addressed.


11
Mar 10

Results from the Sources of Frustration & Delay in the NEPA Process Survey

Thank you to the NEPA professionals who participated in the Sources of Frustration & Delay in the NEPA Process survey that came out of the Re:NEPA “50% faster” discussion. As of today, 98 NEPA professionals have completed the survey. Below is an overview of the survey results.

I’m not familiar with this survey

If you’re familiar with the survey, skip this section. If you’re not familiar with the survey, here’s some background information.

The Sources of Frustration & Delay in the NEPA Process survey came out of the Re:NEPA “50% faster” discussion. The purpose of the survey is to identify issues that consistently result in frustration and delay in the NEPA process. All of the issues included in this survey are from comments made in the Re:NEPA discussion . The desired outcome of the survey is to identify 2 or 3 big issues that are driving everyone crazy. Ideally, the Re:NEPA community can then brainstorm ways to address these big issues.

To view the issues included in the survey or to complete the survey, go here: http://cubit.wufoo.com/forms/sources-of-frustration-delay-in-the-nepa-process/

Overview Survey Results

Survey Respondents Have Worked In:

Sector Count Percent
Both Private and Government 23 23%
Private 40 41%
Government 35 36%
Total 98 100%

Sources of Frustration & Delay that Impact a Large Number of Projects

On average, what was the level of delay or frustration for projects with these issues?

How often do you run into the following issues during the NEPA process?

Sources of Frustration & Delay that Stop Projects or Cause Major Delays

Test

On average, what was the level of delay or frustration for projects with these issues?

If you are interested in more detailed results of this survey, email me, and I’ll send you a pdf with a breakdown of the issues and survey responses.

What’s Next for this Project

I heard from several people that this data should be publicized in an article. I personally don’t want to write or read a negative article with only a list of issues that are “broken” in the NEPA process. I think the next step for this project should be to publicize the above 8 issues (well, technically, 7 because 1 issue is repeated on both lists) and get ideas from the NEPA community on how to address these issues. If we get good ideas for addressing the issues, then I will write an article about the survey data along with the ideas for potential solutions.

If you have any other ideas for potential or partial solutions that specifically address the 8 issues above and your ideas should be included in an article, send your suggestions to me privately via email or DM on Twitter (@cubitplanning), or provide your suggestions publicly below.


3
Mar 10

Environmental Justice Analysis for Toll Roads: The Past, Present & Future

Last month, Sarah Stroman and Brandy Huston of the Environmental Affairs Division of the Texas Department of Transportation (TxDOT) and Jolanda Prozzi of the Center for Transportation Research at the University Texas at Austin gave a presentation about Environmental Justice and Texas Toll Roads to the Heart of Texas Chapter of WTS.

The Past

Sarah presented on the legal framework of environmental justice analysis.  You can watch Sarah’s portion of the presentation here:

The Present

Brandy presented on the current state of TxDOT guidance.  One very interesting portion of her talk was a list of major elements of environmental justice analysis.  Brandy asked a series of questions that I’ve outlined below.

Major Elements of Environmental Justice Analysis

1. Users and Options

  • Who is using the facility?
  • What are their choices?
  • How do you figure out who is using the facility?
  • Are there free, parallel access roads?
  • What are the non-toll routes?

2. Accessibility, Policies and Collection Methods

  • Where is the excess toll revenue going?
  • What kind of projects are being funding with the toll revenue?
  • How easy is it to get a toll tag?
  • Does a toll tag require a credit card?
  • What are the payment options other than a toll tag?
  • How far do people have to go to get a tag?
  • What are the payment choices?
  • How much more does it cost if users don’t have a toll tag?

3. Economic Analysis

Today, TxDOT uses a simple reasonable scenario analysis to determine economic impact.

  1. How often is someone likely to use the facility?
  2. How many times per year?
  3. How much would a reasonable scenario cost (i.e. likely times to use the facility x number of times per year)?
  4. What percentage of income would the reasonable scenario be for a person of low-income versus a person of medium income?

You can watch Brandy’s portion of the presentation here:

The Future

Finally, Jolanda presented her research on the Appraisal of Available Analytical Tools To Assess Environmental Justice Impacts of Toll Road Projects.  I was pleasantly surprised to learn that Texas is a leader in analysis of potential environmental justice concerns followed closely by Washington DOT.  Learn more about the methods used by the different states in Jolanda’s portion of the presentation here:

Does your company block YouTube? If so, check out the PowerPoint of the presentation here.

Environmental Justice and Toll Roads

View more presentations from kcarney.

If you’re interested in a quick estimate of environmental justice groups in an area, check out Cubit’s free EJ Estimator.

Environmental Justice Estimator

Environmental Justice Estimator

A big thank you to Sarah, Brandy, Jolanda and the Heart of Texas Chapter of WTS for letting us record the presentation and make it available.

What? You’re not a member of WTS? Learn more about the Heart of Texas Chapter of WTS here.

If there’s any portion of the presentation that you’d like to discuss further, leave me a comment below.


17
Feb 10

Sources of Delay and Frustration in the NEPA Process

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Frustration!

On FHWA’s Re:NEPA, there’s a survey based on a long discussion entitled NEPA: 50% faster? The purpose of the survey to identify 2 or 3 big issues that consistently result in frustration and/or delay in the NEPA process. With this information, the Re:NEPA community can then brainstorm ways to address these big issues.

Over 50 people have already responded to the Sources of Delay and Frustration Survey. So far, the 2 issues that are “in the lead” are:
* Changes in project scope or unclear project scope
* Increased documentation levels (i.e. EAs now EIS size)

Do you agree or disagree that these two issues are major sources of delay and frustration in the NEPA process? Please share your opinion via survey if you haven’t done so already: http://cubit.wufoo.com/forms/sources-of-frustration-delay-in-the-nepa-process/

If you’ve already completed the survey, please email the link above to people whose input should be included. I’ll be sure and post more detailed survey results in the near future.