Detroit River International Crossing Project

1. Detroit River International Crossing Project Navigating the Multi-Jurisdictional Maze for a Large-Scale Transportation Project Kaarina Stiff, Transport Canada

2. The maze 

3. The Border Transportation Partnership

4. Background • An international transportation project to add new border crossing capacity at the busiest land crossing between Canada and the United States • A practical example of how to coordinate the legal requirements of multiple jurisdictions for a major transportation project

5. Location

6. Why a new crossing? • Windsor-Detroit Gateway is the single busiest border crossing between Canada and the U.S • Over next 30 years, cross-border truck traffic is expected to increase by 128%; passenger traffic is expected to increase by 58%

7. Highlights • Multi-jurisdictional coordination • Two countries, four levels of government, three EA regimes • Significant technical challenges • Densely populated urban areas with different development patterns • Historical salt mining activities; high water table; shallow depth to bedrock • Protected natural area within Windsor city limits • Sophisticated stakeholders on both sides of the border, often with competing interests • Citizens and communities • Private sector interests • Local municipalities • Border users – commuters, manufacturers

8. Coordination objectives • Meet all of our legal requirements • Ontario Environmental Assessment Act • Canadian Environmental Assessment Act • United States National Environmental Policy Act • Demonstrate this to stakeholders • Manage legal risk

9. Background • Discussion today will look at three elements of coordination: • Coordinating the planning processes under OEAA and NEPA • Coordinating Canadian requirements under OEAA and CEAA • (Using this information to satisfy SEA requirements in Canada)

10. OEAA and NEPA • Focus of OEAA and NEPA is generally the same: • Begin with ‘purpose’ and ‘need’ for the project • Identify and analyze alternatives • Select a preferred alternative based on a clear and traceable analysis • Purpose of DRIC is to provide additional border crossing capacity between Windsor, Ontario and Detroit, Michigan • “… to promote the safe, secure and efficient movement of people and goods between Canada and the U.S. …” • “…end-to-end solution that includes a new river crossing, and freeway connections and customs inspection plazas in both countries

11. Evaluation Process TIME Aug ‘05 Jan ‘06 Jan ‘07 Dec ‘07 NUMBER OFALTERNATIVES AMOUNT OFANALYSIS Purpose of theUndertakingAssess PlanningAlternatives and DevelopIllustrative Alternatives Assess IllustrativeAlternatives &Identify PracticalAlternatives Refine andAssessPracticalAlternatives Select Technicallyand Environmentally Preferred Alternative;Refine & CompletePreliminary Design Steps in Evaluation Process

12. Evaluation Factors • Changes to Air Quality • Protection of Community & Neighbourhood Characteristics • Consistency with Existing & Planned Land Use • Protection of Cultural Resources • Protection of Natural Environment • Improve Regional Mobility • Minimize Cost

13. Illustrative Route Alternatives

14. Practical Alternatives: Area of Continued Analyses (ACA)

15. OEAA and CEAA • OEAA applies to provincial agencies that propose certain ‘undertakings’ • Identification and analysis of alternatives, to determine which alternative provides the best balance between project need and protecting the environment • CEAA applies to federal authorities who take certain actions in relation to a “project”, as defined by the Act • Decision is focused on whether “the project is likely to cause significant adverse environmental effects • The OEAA is typically applied earlier, which can create difficulties coordinating with the federal regime; however the processes can be very complimentary (if we work at it)

16. Challenges • Different focus / legal framework • OEAA is focused on analyzing alternatives; CEAA decision is focused on the significance of the effects of the ‘project’ • For screening level assessments under CEAA, consideration of alternatives is discretionary • “Environmental effect” under CEAA is more focused on the biophysical environment • Lack of project details in early stages makes it difficult for federal agencies to fully articulate information needs • Limited resources • In the absence of project details, federal agencies need to decide where to focus their resources; lack of early participation can result in information gaps later in the process

17. What this meant for DRIC • Provincial process starts with the identification of the undertaking: e.g., developing new border crossing capacity • We didn’t know where it would go, or what it would look like (bridge or tunnel); we started with a “problem” not a “project” • Federal process starts with a Project Description which needs to define the project in enough detail for federal authorities to determine if they have an EA responsibility in relation to the project • We didn’t know which watercourses we might cross, whether we would have piers in the water, or how close we would be situated to the tall-grass prairie reserve; lack of info makes it difficult to rally the troops

18. Tools for DRIC • Transport Canada participation in the Border Transportation Partnership • Steering Committee and Working Group includes representatives from all four partnership agencies • Joint decision making helps to ensure that we can achieve an end-to-end solution that works for all jurisdictions • Canada-Ontario Agreement on Environmental Assessment Cooperation provides a framework to coordinate EA requirements • Canadian Environmental Assessment Agency and Ontario Ministry of Environment provide coordinating function for process issues; helps to encourage early involvement, which is further facilitated by TC’s role as a de facto ‘proponent’

19. DRIC Approach • Federal review of provincial Terms of Reference • TOR is a specific provincial requirement, but federal agencies provided comments and identified key areas of interest; familiarity with the early stages helped to streamline later stages of the process • Federal review of provincial work plans for each subject area, such as air quality and natural heritage • Early input on study design ensured that federal information needs were identified as early as possible; specific needs can be refined as the study proceeds • Still difficult for federal authorities to provide “project” advice, but they can at least agree (or not disagree) with methodologies, and they’ll be up to speed when we do decide what we’re doing

20. DRIC Approach • Federal process formally triggered with the identification of the ‘area of continued analysis’ • “Early” trigger was possible once additional project details were identified during the selection of practical alternatives, even though the specific details have not yet been defined • We still didn’t know where we’re going, but we had a better idea • Development of federal EA guidelines undertaken in parallel with the analysis of the practical alternatives, drawing on the work already being done • Analysis of practical alternatives generated additional information that federal authorities can use to determine if they have responsibilities or expertise that is related to the ‘project’; this can be refined when the preferred alternative is selected

21. Are we successfully navigating the maze? Meet legal requirements: OEAA and NEPA requirements are both being met, with coordinated decisions in Canada and the U.S. OEAA and CEAA processes are being coordinated under the EA cooperation agreement’ OEAA and CEAA decisions are being documented for the public Demonstrate to stakeholders OEAA process involves extensive consultations TOR explains federal-provincial coordination Federal EA guidelines reference the provincial work plans, to demonstrate ‘one body of documentation’  

22. Are we successfully navigating the maze? Demonstrate to stakeholders We only received two public comments on the draft federal EA guidelines Manage legal risk: Process is still in progress … only time will tell

23. The maze 

24. Links to SEA • At the federal level in Canada, a strategic environmental assessment is required for policies, plans and programs • This initiative straddles the line between a project and a plan, but an SEA of some type will likely be necessary to support government decisions related to the new crossing • Information generated from this coordinated federal-provincial assessment, together with the feasibility study that preceded it, will provide the details necessary to support this process