Business Process Review of Environmental Permitting for Transportation Projects

1. Business Process Review of Environmental Permitting for Transportation Projects Preliminary Report Keenan Konopaski, JLARC Analyst Gary Walvatne, TechLaw, Inc. August 5, 2005

2. Environmental Documentation Permitting on Transportation Projects 42 Months 1% 26 Months 2% 15 Hours 97% Complex Environmental Work, But on Small Portion of Projects JLARC Business Process Review of Environmental Permitting

3. Scope of Review Two elements to this review: • Analyze the environmental documentation and permitting processes to identify contributors to delays and prioritize streamlining efforts. • Assess recent changes in the regulation of drainage ditches and stormwater runoff. JLARC Business Process Review of Environmental Permitting

4. Objectives of Review • Evaluate the regulatory requirements for a set of major projects to clarify the regulatory business process • Assess the applicability of successful streamlining efforts to various environmental requirements for major transportation projects JLARC Business Process Review of Environmental Permitting

5. Objectives of Review (cont) • Analyze recent project histories to identify the root causes of schedule delay • Determine the extent to which the regulatory goals concerning drainage ditches and stormwater runoff have changed over time, and identify the impacts of changes JLARC Business Process Review of Environmental Permitting

6. Project definition complete Begin design Prepare environmental documentation and submit applications Permits approved Begin coordination with utilities/local government Agreement/ plans secured Open to traffic/user Determine right of way requirements and make offers Settlement/ adjudication reached PS&E completed Advertise Construction Focus of Review Finalize design work JLARC Business Process Review of Environmental Permitting

7. Environmental Documentation Permitting on Transportation Projects 42 Months 1% 26 Months 2% 15 Hours 97% Which Projects did We Review? JLARC Business Process Review of Environmental Permitting

8. Ten Sample Projects • I-90, Spokane, Build Lanes from Argonne Road to Sullivan Road • SR31, Metaline Falls to International Border • SR 16, Tacoma, HOV Improvements, Union Avenue to Jackson Avenue • SR161, Milton to Federal Way, Jovita Blvd. To S 360th Widening • SR 522, Woodinville to Monroe, Fales Road – Echo Lake Road Interchange • SR 240, Richland, I-182 to Columbia Center Boulevard • US 12, Southeast of Pasco, McNary Pool to Attalia • I-5, Chehalis, Rush Road to 13th Street • SR 509/I-5 Freight and Congestion Relief Project, City of SeaTac • I-405, Kirkland Nickel Project, from SR 529 to 522 JLARC Business Process Review of Environmental Permitting

9. Work Time General Relationship between Documentation and Permitting ESA Consultation Environmental Documentation Environmental Permitting JLARC Business Process Review of Environmental Permitting

10. Process-Based Flow Diagram: NEPA Flow Diagram JLARC Business Process Review of Environmental Permitting

11. Process-Based Flow Diagram:ESA Informal Consultation JLARC Business Process Review of Environmental Permitting

12. Report Page 22 Successful Streamlining Activities JLARC Business Process Review of Environmental Permitting

13. Root Causes (X) and Effects (E) of Delays Report Page 32 JLARC Business Process Review of Environmental Permitting

14. Causes (X) & Effects (E) of Environ. Delays Report Page 34 JLARC Business Process Review of Environmental Permitting

15. Drainage Ditches • 9th Circuit Court of Appeals issued Talent decision in 2001 regarding irrigation ditches. • COE districts have interpreted Talent decision differently. Seattle District requires assessment of drainage ditches, including WSDOT ditches. • WSDOT coordinated with the Seattle District to develop the Talent package format in 2004. • Seattle District has provided minimal formal guidance regarding Section 404 applicability. JLARC Business Process Review of Environmental Permitting

16. Stormwater • WSDOT Highway Runoff Manual (HRM) must correspond to Ecology Stormwater Management Manuals (SMMs) • Main difference between 2004 HRM and 2004/2005 SMMs: • Flow Control – pre-development (SMM) vs. pre-existing site conditions in highly urbanized areas (HRM) JLARC Business Process Review of Environmental Permitting

17. Conclusions • Processes supporting environmental activities on complex projects can vary widely and are not uniform or routine • Environmental permit streamlining is not fully mature, and additional efficiencies are possible • Staff will have the greatest impact on improving schedule timelines by focusing on processes (using existing practical examples) that: • improve or sustain strong communication • support clear and complete applications • assist with timely regulatory reviews • enhance technology • While environmental activities can be root causes of delays, they are often accompanied by other items that impact a project’s overall schedule attainment JLARC Business Process Review of Environmental Permitting

18. Conclusions (cont) • Excess time spent on environmental activities is often a result of delays from other factors (right-of-way, lawsuits, funding interruptions) • Funding interruptions were the most common cause of schedule delays, often resulting in further updates or revisions to environmental documentation and permits • There is a lack of formal federal guidance on how a recent court decision will impact regulation and permitting in the long term related to drainage ditches • There are some recent updates to stormwater runoff management requirements, but pending the outcomes of other evaluations, these changes may have minimal impact in highly urbanized locations JLARC Business Process Review of Environmental Permitting

19. Recommendation Themes forFinal Report • Improvements in scheduling and costs for environmental tasks • Coordination with regulatory agencies on target timelines for permits • Delegation of federal regulatory authority to Dept of Ecology, to streamline with existing Ecology permit processes • Clarification of Talent authority, for applicability to ditches intended in original court decision • Clarification of definition and location of “highly urbanized” areas for stormwater management • Extend e-permitting to other projects and regulatory areas (e.g., Forest Practices Act Permit) JLARC Business Process Review of Environmental Permitting