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