JTA Section 18 Steering Team Meeting Environmental Performance Standards

OTIA III EPS Definition Single set of terms and conditions for the programmatic permits Guidance for program goals and objectives Outcome oriented versus prescriptive measures Confines the effect to that considered in the programmatic permits Allows context considerations (match the effect to the environment)

Environmental Performance Standards Are Not: Programmatic agreements Legally binding unless incorporated as a permit condition

Proposed EPS Definition Goal-oriented standards that specify acceptable levels of environmental performance for project activities, not necessarily how activities must be performed. EPS may include environmental goals and objectives, required terms and conditions, and technical guidance to help meet the goals.

Big Picture Considerations Determine how best to integrate into ODOT practices/business lines Determine which EPS require regulatory agency input or consensus Determine how EPS are to be applied to projects (relationship to programmatics) Develop a plan/framework for EPS (part of PEP) Define what "consider EPS" means What is to be included in the OAR?

What Considerations Influence EPS Development? Natural Resource Design and Construction Regulatory

Natural Resource Considerations Identification of activities and elements Functions and processes of concern Effect Pathways CRITICAL: Nature of the Effect  Proximity and Distribution  Timing and Duration  Frequency, Intensity and Severity

Matrix of Bridge Repair/Replacement Elements and EPS from OTIA III BiOp Bridge Repair/ Replacement Elements Preconstruction Clearing Equipment Control Earthwork Foundations Performance Standards Program Administration Species Avoidance XXX Habitat Avoidance XXXX Water Quality XXXX Site Restoration Compensatory Mitigation Fluvial XX

Design and Construction Considerations Construction activities Constructability Design Standards (AASHTO, ODOT) Scope, Schedule, Budget Maintainability

Regulatory Considerations Laws Programmatics Agreements with agencies Monitoring and reporting

Goal/EPS Structure (Examples) Goals (Rule-level) EPS (Measurable and Reportable) Natural Resources Human/Cultural Environment Administrative Avoid, minimize, and compensate for impacts to ecosystem services Use Context Sensitive Solutions approach in design Conform to Executive Orders and ODOT plans/policies Avoid and protect significant cultural resources Achieve consistent, timely regulatory compliance Consult with stakeholders throughout project development Be compatible with and reduce time needed for project delivery process Avoid/minimize impacts to fish, wildlife, and sensitive plants Prevent pollution from entering air, water, and soil Enhance reuse and recycle construction debris Demonstrate conformance to Governor’s Sustainability Executive Order Account for aesthetic needs within sensitive corridors Ensure appropriate environmental justice requirements are met Avoid, minimize, and compensate for impacts to ecosystem services and functions Use Context Sensitive Solutions approach for project design Conform to Executive Orders and ODOT plans/policies Avoid and protect significant cultural resources Develop and implement a monitoring/reporting plan to confirm performance standards are being met Follow variance protocols: ____ Meet programmatic permit documentation requirements: _______

How have EPS been developed? Committees of Stakeholders – Regulatory and resource agency staff and specialists – ODOT staff – Consultants – Industry design and construction contractors – Local agencies – FHWA

Environmental Performance Standards - Elements  Goal What does success look like?  Trigger Statement Relevant to my project?  Objectives How do I measure success?  Means, Methods, or Materials (T&Cs) How can I achieve success?  Compliance Documentation How do I document success?

Example EPS: Erosion Control Goal All projects are to address Erosion and Sediment Control (ESC) to prevent delivery of soils and contaminants to waters.

Example EPS: Erosion Control Trigger Statement All ground disturbance activities on Oregon State highway construction projects and ODOT property will address ESC issues.

Example EPS: Erosion Control Objectives 1. Develop an Erosion and Sediment Control Plan (ESCP) that meets ODOT standards as outlined in ODOT Standard Specs Implement the ESCP.

Example EPS: Erosion Control Means, Methods, or Materials (T&Cs) Project-Level Implement practices to confine, remove, and dispose of excess materials Inspection of erosion and sediment controls Program-Level Develop and update ESC manuals. Conduct training on the 1200-CA requirements and ESCP standards. Develop a QA/QC Program.

Example EPS: Erosion Control Performance Measures/Compliance Documentation Develop compliance documentation protocol (review ESCP, inspect sites)

Example EPS: Post-Construction Stormwater Treatment Goal Treat runoff from all Oregon State highway construction projects in order to: i. Protect water quality by reducing pollutant loads and concentrations. ii. Prevent or reduce peak runoff rate caused by increases in ISA. iii. Address downstream drainage capacity problems. iv. Meet ESA requirements related to duration and frequency of discharges to streams.

Example EPS: Post-Construction Stormwater Treatment Trigger Statement All state highway construction projects are to follow this EPS if the project will: i. Produce new impervious surface ii. Result in a change in the total CIA iii. Result in a change to the stormwater conveyance (type, location, direction, distance, or endpoint) in the project limits iv. Replace or widen stream crossing structures, or v. Affect ISA that drains to untreated waters, wetlands, or groundwater if the project requires a CWA 404 permit

Example EPS: Post-Construction Stormwater Treatment Objective 1. For every ODOT project that triggers the requirement for stormwater treatment, provide WQ treatment of runoff from the CIA generated by the WQ Design Storm, using preferred BMPs, or the functional equivalent 2. Progressively increase the area and percentage of ODOT highways that receive stormwater treatment.

Example EPS: Post-Construction Stormwater Treatment Means, Methods, or Materials Project Level Avoid sensitive natural resource areas during placement of treatment facility. Increase treatment of stormwater runoff discharge to waters of the U.S. Program Level Jointly train ODOT staff and managers with the regulatory agencies on stormwater management requirements. Ensure Asset Management Program with project reporting is integrated into the project development process. Develop a QA/QC program.

Example EPS: Post-Construction Stormwater Treatment Performance Measures/Compliance Documentation 1. Total ODOT highway ISA treated 2. Percentage total ODOT highway ISA treated 3. Total additional ODOT highway ISA provided treatment during the reporting year 4. Percentage ODOT project CIA provided treatment during the reporting year

Ecosystem Services The processes by which the environment produces resources that we often take for granted such as clean water, timber, and habitat for fisheries, and pollination of native and agricultural plants. Whether we find ourselves in the city or a rural area, the ecosystems in which humans live provide goods and services that are very familiar to us.

Ecosystem Services and Functions Not appropriate for an EPS Ecosystem Services is an appropriate high- level goal. Natural Resource EPSs support an Ecosystem Services goal