Project Abstract

In 2004, the Federal Highway Administration, Tennessee Division (FHWA) convened a meeting of the various Resource/Regulatory Agencies in Tennessee and the Tennessee Department of Transportation (TDOT). At this meeting, the agencies requested to “be more involved” in TDOT’s transportation project development process because of the many questions and delays that were being seen on both ends of the permitting and regulatory processes. This initial meeting set FHWA, TDOT and the other agencies on a path to develop the Tennessee Environmental Streamlining Agreement for the Environmental and Regulatory Coordination of Transportation Projects, or TESA. This agreement would allow the agencies to participate in the project development process much earlier and have input in key milestones (see description above) so that the regulation and permitting process is streamlined because of the constant, ongoing concurrence and communication that has happened from very early in the process.

-- Excerpt from Tennessee Department of Transportation Context Sensitive Solutions Training Submission Form --

Overview

The purpose of the Tennessee Environmental Streamlining Agreement (TESA) is to establish a coordinated planning and project development process for transportation projects in Tennessee in order to ensure significant agency and MPO participation and involvement early and throughout the project development process. Although the agencies that participate in the process to develop and implement transportation projects operate under different and varied regulations, the common responsibility of all agencies is service and accountability to the public. The joint agreement is modeled on similar documents that have been developed and successfully implemented in other states. The most significant improvement to the process and the cornerstone of the TESA is the creation of “concurrence points.” A concurrence point is a step within the project development process where TDOT will request formal concurrence from the agencies before proceeding with further development of the project. The four concurrence points outlined in the agreement are:

1. The determination of purpose and need for the project and potential project impact area
2. The development of project alternatives to be evaluated as part of the environmental document
3. The draft of the environmental document
4. The selection of a preferred project alternative, including the proposed means of mitigating environmental impacts

In September 2008, a “Signing Ceremony” was held to mark the signing of the agreement by multiple agencies (TDOT, FHWA, TDEC, USACE (Memphis District), USACE (Nashville District), EPA (Region 4), USFWS, TVA, and TWRA). The overall goal of the agreement is to ensure that the state’s transportation improvements are implemented without avoidable delays, while also protecting and enhancing the quality of Tennessee’s environment. At the time of the Signing Ceremony, Governor Phil Bredesen was quoted as saying, “This agreement establishes a coordinated approach to transportation planning between TDOT and the many agencies involved in the effective stewardship of our environment. Including these permitting agencies at the earliest point in project development will allow for more timely identification of environmental impacts on transportation projects, thus giving TDOT more time to address environmental concerns and reduce project delays."

Since the signing, individual agreements have been established with TDEC, EPA, and USFWS. TDOT continues to work with several agencies regarding TESA and individual agreements. However, the process is already in use as all agencies meet bi-monthly on a regularly scheduled date to discuss individual projects, and other topics as requested by the agencies. Project specific field reviews and other project related meetings are held in accordance with the TESA agreement or as needed based on agency requests.

CSS Qualities: Process

The concept of bringing the agencies and MPO's into the process earlier is consistent with the communication, collaboration and consensus building principles of CSS. Previously, the agencies were primarily involved at the permitting process or if there was a regulation issue; however, there is much value that each of these agencies can add to milestones like purpose and need, alignment options, etc. By utilizing the TESA agreement and concurrence points, as well as the technical data improvements that go along with the agreement (integrating GIS usage more into the process) the context is more comprehensively understood and the resource agencies can better understand and be a part of the shared vision, along with the other stakeholders as the project progresses.

Additionally, the Department is looking at ways in which the CSS principles can be integrated into our routine processes, the TESA process achieves that goal and allows TDOT and its partners to practice "CSS" by simply following the new process.

CSS Qualities: Outcomes

There are two sets of customers that benefitted from the training. One set of customers is the TDOT employees and partners who benefitted by learning the principles of CSS and the examples, suggestions and tools on how to use CSS in their jobs. Another benefit this training offers is the ability for both TDOT employees and its partners, all with different expertise, to learn more about what each functional area does and how CSS can be implemented in each area. The training offers participants a high-level perspective of the project development process, while also letting each functional area discuss the general work they do towards traditional projects. This dialog, in addition to the discussion of how CSS can be further implemented in each functional area, offers a very valuable learning experience for all participants.

The secondary set of customers that benefit from this training are the citizens of Tennessee. By implementing CSS principles, the citizens of Tennessee will benefit through improved opportunities for meaningful input into the project development process, an open process, and ultimately the development of projects that fit within the context of the communities that they pass through.

   Tennessee Environmental Streamlining Agreement

   Tennessee Environmental Streamlining Agreement (TESA) Submission Form

   TESA For The Environmental And Regulatory Coordination Of Transportation Projects