JTA Section 18

Implementation UpdateKen Franklin

Geo-Environmental ODOT

28 April 2011

2009 Jobs and Transportation Act

JTA SECTION TASK

6 & 7 Least Cost Planning

17Review/update STIP

selection criteria

18Admin rule; EPS; improve

permitting process

19 Practical Design

…71 …

(2) The Department of Transportation shall adopt rules, taking into consideration the following:

(a) Incorporating environmental performance standards into—

• The design and construction of all state highway construction projects, including

• Local government highway construction projects funded by the department.

JTA Section 18

Ongoing work groups

May 16, 2011 OTC Mtg

(2) (b) Improving the environmental permitting process for state highway construction projects in order to:

(A) Reduce the time required to design projects and obtain environmental permits;

(B) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;

(C) Maintain a strong commitment to environmental stewardship; and

(D) Reduce this state's dependence on foreign oil.

JTA Section 18 Phase 2 Work – post EPS

Environmental Performance Standards (EPS): a work in progress

1. How are we developing EPS?

2. What are EPS?

3. How will EPS be applied in project design & construction and permitting?

1. Developing EPS

Where we started…

● Cost-effective

Where we are…

1a

2 3 4

7 EPS Working Groups

~ 32 EPS categories

By 06/30/1

1

1b

● Cost-effective

Where we want to go…

5

ODOT Design Manuals

Management Review &

Concurrence

How ODOT implements EPS

How Regulatory Agencies implement EPS

4

Where we want to go…

5

ODOT Design Manuals

Management Review &

Concurrence

How ODOT implements EPS

How Regulatory Agencies implement EPS

4

2. What are EPS?

Standards

• All standards are about “what we should do”– Agreements to follow a rule or model

• Performance Standards– Establish what the outcomes of performance

should be

• Technical or Process or Method Standards– Specify how something should be done– Constrain the steps, operation, or performance in

order to reach a certain goal

Technical Standardsv.

Performance Standards

(Adapted from K. Hermansen 1991)

Standards for placing artificial survey monuments

Artificial monuments shall consist of a minimum 5/8th inch diameter metal stake or rod no less than 30 inches long, containing a cap with the surveyor’s name and license number.

A Technical Standard

PROS

• Easy to state – few words

• Easy to verify compliance

CONS

• Inflexible

• Impediment to innovation

A performance standard

Action

1. Likelihood of disturbance is minimal

2. Will last > 25 yrs

3. Can be detected with metal detectors

4. Surveyor easily identified

5. Visibility and importance are obvious

Identify Desired

Outcomes

Establish an artificial survey monument

Draft Performance

Standard

Artificial monuments shall be located in such a manner and be of sufficient size, composition, and material that a surveyor of ordinary prudence would be left with a definite and firm conviction that: LIST OUTCOMES 1 - 5

Performance standards

PROS• Method flexibility• Open to technical

innovation• Professional creativity

and judgment in play

Cons• More challenging to

state• May be difficult to

verify

• Performance Standards– Establish what the outcomes of performance

should be

• JTA Environmental Performance Standards– Establish what the environmental outcomes of

highway construction activities should be

EPS Example for—

Highway Construction Activities

Replace a Bridge

Project

Remove bridge bents from active stream channel

Remove bridge bents from active stream channel

Remove bridge bents from active stream channel

Remove bridge bents from active stream channel

New bridge to span active stream channel

In-Water Work STNDs

Bent removal performance criteria

Example Standards

Allow normative physical processes within the stream-floodplain corridor.

Fluvial Performance STND

Required Actions

Remove bridge bents from a stream channelAction

ID Desired Environmental

Outcomes

1. Volume of construction debris discharged into stream ≤ de minimus amount.

2. Minimize adverse acoustic disturbances to listed species.

3. No entrapment of listed fish.

4. Minimize disturbance of listed fish during critical life cycle stages.

5. Structural elements removed below active streambed surface.

6. Stream turbidity from operations meets state water quality standards.

Assumptions

ESA listed fish present

Water quality limited stream

Drafting EPS

When removing bridge bents from stream channels, ODOT must meet state and federal water quality and ESA requirements.

Too abstract

Drafting EPS

For the removal of bridge bents, ODOT shall use methods and materials in such a manner that an engineer of record of ordinary prudence would be left with a definite and firm conviction that the following performance criteria would be achieved:

List desired environmental outcomes

Option 1

Option 2 – using survey example

Others Options

????

3. Applying EPS

ActionID Desired

Environmental Outcomes

EPS

Construction Methods

Demolition

“Presumed approach” meets Programmatic Permit

Bridge bent removal

Required Standards

Work area isolation

Fish salvage

Hydroacoustic criteria

In Water Work period restrictions

Structure removed to ≥ 3 ft. below stream bed surface

EPS Met? Yes

No

Uncertain

Idea posed to an ODOT-NMFS Liaison (OTIA 3 example)

Contractor: What if we use a wire saw to cut the bridge bent in place and remove parts by crane? Does that still meet the programmatic permit? What standards apply?

Liaison: Hmm. Let me check.Later…Liaison: Yes, it meets the programmatic because

you meet the basic goals. Not all of the usual design standards are necessary.

Contractor: Great. That saves a lot of money and time.Liaison: And the environmental impacts are less, too. It’s a

win-win.

ActionID Desired

Environmental Outcomes

EPS

Construction Methods

Demolition

Wire saw method

Bridge bent removal

Still meets Programmatic Permit

EPS Met? Yes

No

Uncertain

Required Standards

Work area isolation

Fish salvage

Hydroacoustic criteria

Turbidity control (silt curtain)

In Water Work period restrictions

Structure removed to ≥ 3 ft. below stream bed surface

ActionID Desired

Environmental Outcomes

EPS

Construction Methods

Demolition

Wire saw method

Method X Method Y

Bridge bent removal

“Goals-Based Approach”

EPS Met? Yes

No

Uncertain

Required Standards

Work area isolation

Fish salvage

Hydroacoustic criteria

Turbidity control (silt curtain)

In Water Work period restrictions

Structure removed to ≥ 3 ft. below stream bed surface?

?

So What?

Traditional Permitting

Terms & Conditions• Presumed

Methods

• Required Technical Standards

EPS• High level goals

• Numeric performance standards

Limited Guidance

Emphasis on compliance with

technical standards

Outcome-Based Permitting

Terms & ConditionsCore Set

of Technical Standards

• High level goals

• Well crafted narrative EPS

• Numeric performance standards

Decision Making

Guidance

EPS

Emphasis on performance

END