Atlantic Steel
Atlantic Steel: Letter from Mr. S Meiburg, Region 4, to Mr. Replogle of the Environmental Defense Fund, March 25, 1999
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303-8909
March 25, 1999
Mr. Michael Replogle
Federal Transportation Director
Environmental Defense Fund
Capitol Office
1875 Connecticut Ave., NW
Washington, DC 20009
RE: Comments on the Atlantic Steel XL Project
Dear Mr. Replogle:
Thank you for your February 1, 1999 letter
indicating both your support for and concerns with the proposed Atlantic
Steel redevelopment project. I particularly appreciate the detailed suggestions
you have provided as well as the time and thought which have gone into
your review of this proposal. Many similar issues and concerns to those
you raised have been identified by the project team assembled within EPA
to work on this project. In this letter I am taking the opportunity to
respond to your comments by first stating your concern/suggestion, then
providing EPA's response or an update on our actions related to the particular
comment. I should also note that EPA is working with all other government
agencies ultimately involved in approving a TCM into the SIP. Many of
the processes involved are within the purview of these other agencies.
EPA is assisting them and encouraging inclusion of the elements necessary
to make this the best project possible.
1. COMMENT: "We suggest the project agreement and TCM package might
be backed with a private performance bond that insures resources will
be available to implement transit and TMA management measures as needed
to meet the adopted performance criteria in the event of a financial default
by the developer or failure of the TMA or transit service agreements to
comply with the agreements."
RESPONSE: EPA has developed a workgroup to work specifically on TMA development
and implementation. The role of the workgroup is to both facilitate the
development of the TMA and to assure that important parts of the overall
project implementation are addressed. Alan Powell, an EPA regional expert
on the formation and operation of TMAs, is the leader of this workgroup.
He is working with the Midtown Alliance (a non-profit coalition of businesses
and civic groups in midtown Atlanta), the Atlanta Regional Commission,
the project sponsor, the City of Atlanta and interested stakeholders to
develop a clear, inclusive approach to forming the TMA. EPA shares EDF's
interest in assuring that the TMA will have the tools necessary to achieve
the desired emissions and VMT outcomes. The issue of funding the TMA is
one that will be addressed by both the EPA TMA workgroup and the broader
group of parties with interests in this issue. Your participation in future
discussions regarding the TMA would be welcome.
2. COMMENT: "The location alone is not an adequate basis for deeming
this or other land-use related projects as TCMs or awarding air quality
credit to them. There are several factors that will have a profound impact
on the travel behavior and air quality impacts related to the redevelopment
and the related Bridge/Interchange TCM package. These include:
- the quality, quantity, location, and design of transit services and connections of the proposed redevelopment site to MARTA stations and to other regional trip generators and attractors.
- The degree of pedestrian and bicycle friendliness of urban and street design in and around the Atlantic Steel site
- the supply, location, and price of parking, and other travel prices and incentives offered to travelers to and from the site."
RESPONSE: EPA agrees that location alone is not an adequate basis for
deeming this project a TCM. EPA is considering this project a TCM for
a variety of reasons in addition to its location, including most of
those which you mention. On February 24, 1999, we published a Federal
Register Notice (enclosed) announcing availability of the draft Phase
1 Project Agreement. That Federal Register Notice includes a summary
of the numerous factors which influenced EPA's decision to move forward
with this project. EPA agrees that the factors you highlighted need
to be considered to evaluate whether the Atlantic Steel project achieves
Superior Environmental Performance and qualifies as a TCM.
EPA felt that any future emissions reductions from the Atlantic Steel
redevelopment would likely result from the site's regionally central
location and design compared to the location and design the growth
would have taken absent development of the Atlantic Steel site. Therefore,
EPA analyzed the likely environmental performance of the Atlantic Steel
site at two levels. First, EPA evaluated the performance of the Atlantic
Steel site relative to three other likely regional growth locations.
As part of this evaluation, carbon monoxide (CO) emissions associated
with the Atlantic Steel site were evaluated for potential "hot
spots." Second, EPA investigated the performance of the site design
proposed by Jacoby relative to likely design of the greenfields and
one other potential design for the Atlantic Steel site. The study results
are summarized in the Phase 1 Project Agreement, currently available
on the Project XL web site (www.epa.gov/projectxl).
We have requested that the project sponsor state his plans for shuttle
operation in writing. He has done so and a copy of his letter is enclosed.
This shuttle would provide service between the Arts Center MARTA station
and the Atlantic Steel site.
The project sponsor has been working with Bill Wilkinson of the Bicycle
Federation of America and the Atlanta Bicycle Campaign to further refine
the site design and maximize "bicycle friendliness." Bike
paths included in the project design will address a large missing link
in Atlanta's overall bicycle pathway system. EPA will further evaluate
the pedestrian friendliness of the final site design when it is received.
EPA understands that the supply of parking which was originally proposed
has been reduced based on comments provided to the project sponsor.
The question of supply and location will be revisited upon receipt of
the final design. The price of parking and other travel prices and incentives
are all items we feel should be addressed by the TMA.
3. COMMENT: "... the project should include guaranteed funding
mechanisms (such as a development district tax) for a Transportation
Management Association (TMA) for the project and surrounding district.
The TMA should be a public-private partnership with the power to influence
key elements that shape travel behavior and emissions related to the
Atlantic Steel site."
RESPONSE: As mentioned in #1 above, EPA is providing assistance to the
project sponsor and the Midtown Alliance to form the TMA. Many ideas
are under consideration as to how to form and fund the TMA. Your continued
assistance and advice will be helpful as details are discussed.
4. COMMENT: "We are concerned that while the Bridge and Interchange
have undergone significant preliminary engineering, there is still little
specificity about the transit service connections to be provided to
the Atlantic Steel site. Without a specific plan and financing arrangement,
this missing key element seems enough to deem the project inadequately
defined to make up an approvable TCM. And under current circumstances,
unless the project is defined well enough to be an approvable TCM, we
do not see how it can legally be approved as a part of the TIP, RTP,
or SIP."
RESPONSE: EPA is aware of a number of "Preliminary Concept Reports"
prepared by consultants for the sponsor analyzing potential configurations
of the bridge and associated interchanges. Meetings to discuss the alternatives
are still underway. No final concept or design has been approved. EPA
agrees that specific information about the transit service connections
and funding are necessary for this project to proceed as a TCM. The
project sponsor has made an enforceable commitment in the Phase 1 Project
Agreement to operation of a linkage from the Atlantic Steel site to
mass transit at the Arts Center MARTA station. This commitment will
be contained in the TCM in addition to the Project XL Agreements. As
noted above, the enclosed letter from the project sponsor contains details
regarding the frequency and nature of the transit service. The project
sponsor will be submitting a diagram containing locations of transit
stops in the near future. This diagram will be made available on the
Project XL web site.
5. COMMENT: "We would hope to see a very high frequency transit
connection between the Atlantic Steel site and MARTA, with service throughout
the day and into the night that allows travelers to travel most of the
time without worrying about scheduled connections."
RESPONSE: As noted above, please see the enclosed letter from the developer
regarding transit frequency. MARTA has also committed to allow an interface
between the private shuttle and the Arts Center Station. We anticipate
that the connection may ultimately change to ensure consistency with
the proposed west loop project. Results of a study on the west loop
are expected in the Summer of 1999 and would likely impact the final
design of the bridge.
6. COMMENT: "While light rail may be attractive, given the need
for rapid deployment of a high quality transit link, flexible phasing
of service, and currently limited financing, this context might be appropriate
for application of a bus rapid transit system strategy, like that in
Curitiba, Brazil, with high level boarding separate from fare collection,
with designated stations, and potential to serve multiple trip origins."
RESPONSE: This is an interesting idea. EPA is not specifying the type
of vehicle which should be used to link the site to the MARTA station.
At the same time, we want to ensure that future transit options are
not precluded. Therefore, we are working towards an agreement with Georgia
DOT to ensure the bridge is designed and built to accommodate the widest
possible variety of options.
The project sponsor has stated that the service is likely to be some
type of rubber-tired vehicle. We will share your suggestion with the
project sponsor, and believe they would welcome any additional information
you have as they consider the most appropriate type of transit connection
to provide.
7. COMMENT: "Employee Commuter Choice incentives and parking management
should be a key instrument of the project agreement and TCM package,
with administration by the TMA to assure timely traffic mitigation and
emission benefits. Employers on the development site should, as a condition
of lease or property covenant, take advantage of the new TEA-21 Commuter
Choice tax incentives and offer these to all who are employed in the
area. Specifically, employees should have the opportunity to purchase
employer-discounted transit passes and vanpool benefits using pre-tax
dollars. All employers might be also required to offer at least a 50%
discount on transit passes to employees. In the event that travel behavior
and emission targets for the development area are not met, the TMA should
have the power to adjust the level of mandatory employer transit pass
discounts, through leasing and property covenant agreements."
RESPONSE: The XL agreement is not designed to incorporate this degree
of detail on the actual operation of the redevelopment. However, outside
of the XL process, EPA is involved in promoting the Commuter Choice
initiative. Commuter Connections, Inc., is being funded by Georgia DOT
to start work on the Commuter Choice program for Atlanta. Michael Dziak,
point of contact for the program, has pulled together a coalition that
includes ARC, the City of Atlanta, Georgia DOT, the Federal DOT regional
office, and others. Michael will be working directly with major employers,
including prospective employers at the Atlantic Steel site. For more
information, please contact Deanne Upson at the EPA Office of Mobile
Sources, at (734) 214-4329.
EPA will forward your suggestion to offer commuter choice to the project
sponsor for consideration in the development of the project. In addition,
we anticipate that ideas such as those you have expressed regarding
transit passes for employees will be considered in plans for the TMA.
8. COMMENT: "All employers should be required to offer employees
cash in lieu of a parking space if parking is provided to employees
as a benefit, taking advantage of the new tax law. This might be the
single most powerful means of influencing travel choice to the site,
based on research by Donald Shoup and others. All property leases on
the Atlantic Steel site should be required to be structured to provide
parking as a lease item separate from office, retail, or residential
unit rental, so that these costs are fully identified and separable
and employers perceive an economic benefit in reducing employee parking
space consumption. Management systems to influence parking supply, location,
and price should be incorporated as part of the project plan, seeking
to reduce parking supply to the minimum possible through appropriate
incentives, multiple use parking management, and other transportation
management measures. The TMA should be empowered from the outset to
impose parking excise levies, by time-of-day, by facility, and by parking
type, as needed to assure compliance with TCM travel performance goals
over time, with revenues devoted to improving transit and alternative
travel services for the area."
RESPONSE: Please see our response above regarding the Commuter Choice
initiative. These comments are all helpful and instructive for the TMA
workgroup. They will be considered and discussed for incorporation into
the TMA outline.
9. COMMENT: "Innovative residential traffic management services
should be incorporated into the project design at the outset and taken
into account, like other measures, in the TCM and project agreements.
These would include bundling free or highly discounted annual regional
transit passes with each residential unit (to be purchased through a
wholesale agreement with MARTA) and included in leases and property
covenants, and provisions and support for neighborhood car rental, car
sharing systems, and real-time ridesharing services available to residents
and visitors. A guarded bicycle parking garage should be developed at
the Art Center MARTA station with rental bicycles available to facilitate
non-motorized access around the neighborhood for residents, workers,
and visitors. Adequate secure short and long term bicycle parking and
showers/changing rooms should be required for all major buildings on
the Atlantic Steel site. The best traffic calming and pedestrian and
bicycle friendly street space management strategies should be applied
in site development and planning, and incorporated into the project
agreements, with ambitious targets for bicycle and pedestrian travel
in the area."
RESPONSE: EPA concurs. As part of the XL process, EPA hired the architecture
and town planning firm Duany Plater-Zyberk & Company (DPZ) to evaluate
the proposed site design and make recommendations which might improve
it from an environmental performance standpoint with a particular emphasis
on increasing pedestrian and bicycle friendliness. DPZ's recommendations
for the site included traffic calming elements such as reduced street
width, and on-street parking. They recommended increased connectivity
of streets to improve walkablity. DPZ also identified how pedestrian
trips could be increased through more direct routes and improved safety.
EPA understands that many of the recommendations made by DPZ will be
reflected in a revised site design to be submitted in March by the project
sponsor.
We will take your suggestions into account as we continue discussions
with the project sponsor on the final site design. The City of Atlanta's
zoning requirements also emphasize pedestrian and bicycle facilities
as well as traffic calming measures. They will also be considered in
the development of site design performance measures for the project.
These site design performance measures will be included in the Final
Project Agreement.
We also agree that bicycle parking and changing rooms should be provided
at the major buildings on the site and will forward this suggestion
to the project sponsor.
10. COMMENT: "The choice of bridge design will have a major effect
on the travel behavior in the area of Atlantic Steel and cannot be ignored
in developing air quality project agreements. The 17th Street Interchange/Bridge
Modification Concept Report, dated December 21, 1998, offers a preferred
alternative that would extend the freeway into the city on both sides
of the Interstate. This preferred alternative should be rejected as
inappropriate for designation as a TCM."
RESPONSE: EPA agrees that the proposed bridge will impact traffic and
air quality. The XL project is considering the redevelopment as a whole
to be the TCM. As noted in response to an earlier question, our analyses
have demonstrated that the site's design and location (centrally located
as opposed to the three alternative locations) demonstrate an air quality
benefit. The site level modeling including the bridge ramps and the
transit linkage is not expected to alter that conclusion.
To be a TCM, the project needs to demonstrate an air quality benefit.
While EPA is staying involved in the discussions of the actual bridge
design to assure that the transit, pedestrian and bicycle friendly components
are fully incorporated, ultimately the City of Atlanta, Georgia DOT,
and the FHWA will determine, through the appropriate regulatory and
analytical processes, the appropriate design features of the bridge.
Further discussion on the bridge design is contained in the answer to
comment 11. At a minimum, the bridge will include adequate lanes to
accommodate pedestrian and bicycle traffic, as well as transit.
11. COMMENT: The facility should be redesigned to extend the city's
arterial street grid over the freeway, using the bridge as a buffer
to the freeway that now slashes the city in half. A lower level facility
that would allow 17th Street to intersect with Spring Street east of
I-75 and that would connect to the street grid as close as possible
to the west side of I-75, without the added collector-distributor connections
between 14th Street and the freeways north of 17th Street, would be
less oriented towards high speed motor vehicle movement but would enhance
pedestrian connectivity. The preferred alternative with a high signature
bridge, would create a dehumanized environment oriented mostly to cars.
With that design few would choose to walk between the West Peachtree
Street/Arts Center MARTA station and the Atlantic Steel site. A better
alternative would be a more horizontal engineering structure, like that
in Seattle's Freeway Park, reconnecting the east and west side neighborhoods
with a decked structure over the freeway for a good portion of the distance
between 14th and 17th Streets. This could include landscaping, space
for market stalls or kiosks, sculptural elements, and elements that
would humanize and energize this as a safe and inviting pedestrian environment,
with insulation from freeway noise and pollution."
RESPONSE: EPA believes that the actual design of the bridge must meet
Georgia DOT and FHWA requirements. Through the XL project agreements
and the TCM, required components of the bridge will include right-of-way
for and capacity to accommodate transit, pedestrian walkways, and bicycle
lanes. While these components will be required, EPA does not
intend to prescribe a specific design for the bridge as part of the
project. We anticipate the design of the bridge will be the subject
of extensive discussion by stakeholders, including but not limited to
the project sponsor, community groups, the City of Atlanta, Georgia
DOT, FHWA, and FTA. Your suggestions echo some that we have heard from
other stakeholders in the process. We will forward your letter to the
appropriate governmental bodies and encourage you to reiterate those
comments directly to the decision-makers at those governmental bodies
for consideration in their review, comment and approval process. We
will continue to pursue design options and features that further our
shared interest in pedestrian, bicycle and transit-friendly features
in the overall redevelopment, including the bridge.
12. COMMENT: "We are also concerned that the traffic analysis of
the Interchange/Bridge prepared for Georgia DOT is based simply on ITE
trip generation rates, reduced by a 10% internal capture and a 15% transit
share. We are unsure what is the basis for these assumptions. The traffic
analysis should not drive the bridge and interchange design, but alternative
designs should be considered with appropriate sensitivity to stated
assumptions about travel incentives, transit service levels, pedestrian
friendliness, and other factors."
RESPONSE: EPA agrees. The assumption needs to be adequately explained
in the next version of the report. We agree that assumptions are important
for determining the air quality impacts of the project.
13. COMMENT: "It has come to our attention that there may be storm
water management issues on the Atlantic Steel site that might be remediated
as part of this project agreement. While we lack details on this aspect
of the project, we hope that the design of the Interchange and Bridge
might be seen as an opportunity to explore the possible flexing of available
TEA-21 transportation funds for mitigation of past harms related to
highway system development, including not just air quality and the cutting
off of neighborhoods from each other, but also storm water management,
which is a costly problem for the City of Atlanta."
RESPONSE: EPA will require that the infrastructure for the redevelopment
incorporate separate collection systems for storm water and sanitary
wastewater to allow for implementation of whatever is required by the
City of Atlanta as a result of the Consent Decree for mitigating current
problems with the combined sewer overflow system for storm water management.
We will explore the possibility of using TEA-21 transportation funds
in the manner you suggest.
Thank you again for taking the time to provide us with detailed comments
and suggestions. We share your interest in promoting a model XL project
(and process) for assisting communities in addressing air quality and
transportation problems. This is an innovative project; we are interested
in promoting as much involvement and understanding as possible and your
insights are both helpful and useful. I look forward to working with
you and your organization as we move toward a Project XL Final Project
Agreement in May 1999. Additionally, I invite you to participate on
the workgroup for developing a structure and guidelines for development
and implementation of the Transportation Management Association. Please
feel free to call Ms. Michelle Glenn, of my staff, at 404-562-8674 if
you are interested in participating in the TMA workgroup or have additional
questions.
Sincerely,
//original signed//
A. Stanley Meiburg
Deputy Regional Administrator
Enclosures
cc: Michael Dobbins, City of Atlanta, DPDNC
Harry West, Atlanta Regional Commission
Harold Reheis, GA EPD
Charles Brown, CRB Realty Associates
Brian Leary, CRB Realty Associates
Keith Laughlin, CEQ
Honorable Rep. John Lewis, US Congress
Larry Dreihaup, FHWA
Susan Schruth, FTA
Frank Danchetz, Georgia DOT