nepa assignment - texas a&m university
TRANSCRIPT
TxDOT Environmental Affairs Division
NEPA ASSIGNMENT
22–Month Update
Carlos Swonke
Director, Environmental Affairs Division
Texas Department of Transportation
TxDOT Environmental Affairs Division
2013
May 2013 – Waiver of Sovereign Immunity Legislation signed by Governor
June 2013 – Begin preparing applications
August 2013 – NPRM for 327 Surface Transportation Project Delivery
Program Application Requirements
December 2013 – CE Assignment MOU executed (effective date 2/12/14)
2014
January 2014 – first draft of 327 MOU to FHWA
March 2014 – Draft Application Public Notice
May 2014 – Submittal of 327 NEPA Assignment Application
September 2014 – 327 Surface Transportation Project Deliver Program
Final Rule
October 2014 – Draft MOU Public Notice
December 16, 2014 - 327 NEPA Assignment MOU executed
History
2
TxDOT Environmental Affairs Division
The MOU – What is Assigned
TxDOT to assume NEPA decision responsibility for all projects on and off the state highway system
Specific exemptions
• Trinity Parkway EIS
• Harbor Bridge EIS
• South Padre Island 2nd Access Bridge EIS
Multi-state & international projects excluded
TxDOT to comprehensively assume responsibilities under other federal environmental laws, including
– Section 7 (Endangered Species Act)
– Section 106 (Historic Preservation Act)
– Section 4(f) (Department of Transportation Act)
– Section 404 (Clean Water Act)
Clean Air Act conformity remains with FHWA
3
TxDOT Environmental Affairs Division
Success
Reduced document review times
Expedited decision-making
Ownership
Cost of Implementation
– Program Adjustments
Audits
4
TxDOT Environmental Affairs Division
– Reduced Document Review Times
Environmental Assessments
Baseline (Preassignment / Start to FONSI)
• 30 months (median)
Since Assignment (only five EAs so far)
• 15 months (median)
Environmental Impact Statement
Baseline (Preassignment / Start to ROD)
• Eight years
– Expedited decision-making
– Ownership
5
TxDOT Environmental Affairs Division
Cost of Implementation
– Program Changes
• Guidance documents
• Organizational Structure
– Need for Expertise
– Project Documentation
• Electronic documentation system
6
TxDOT Environmental Affairs Division
Audits Three audits, so far (one of the three still pending completion)
7
TxDOT Environmental Affairs Division
Audit Focus Areas
Six main focus areas for FHWA audits
– Program Management
– Documentation and Records Management
– Quality Assurance/Quality Control
– Legal Sufficiency
– Performance Measures
– Training
FHWA will not evaluate specific project-related decisions, as these are the sole responsibility of the State
FHWA will review the processes/procedures used to reach project decisions
8
TxDOT Environmental Affairs Division
NEPA Assignment – It’s working!
Opportunity
– Streamline the delivery of transportation projects
Accountability
– Maintain consistency and compliance through self-assessments, external audits and
reporting
9
Conclusion