JTA Section 18 Implementation Update Ken Franklin Geo-Environmental ODOT 28 April 2011

2009 Jobs and Transportation Act JTA SECTIONTASK 6 & 7Least Cost Planning 17 Review/update STIP selection criteria 18 Admin rule; EPS; improve permitting process 19Practical 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 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

T echnical Standards v. Performance Standards (Adapted from K. Hermansen 1991)

Standards for placing artificial survey monuments Artificial monuments shall consist of a minimum 5/8 th 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 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 channel Action 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

Action ID 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.

Action ID 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

Action ID 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 & Conditions Core Set of Technical Standards High level goals Well crafted narrative EPS Numeric performance standards Decision Making Guidance EPS Emphasis on performance

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