Lessons in Environmental Management Systems & Adaptive Management in Transportation

1. ENVIRONMENTAL MANAGEMENT SYSTEMS AND ADAPTIVE MANAGEMENT IN TRANSPORTATIONLessons from State Highway 130 in Central Texas Presented by: Jason BuntzEnvironmental ComplianceProgram Manager Hicks & Company SH 130 Environmental Compliance Manager Lone Star Infrastructure

2. State Highway 130 at Interstatate 35 North of Austin – August 2005

3. State Highway 130 Crossing the Colorado River – August 2006

4. Introduction • Nationwide efforts being made to improve transportation delivery and environmental quality • CEQ recommendations for improving NEPA • FHWA/AASHTO efforts to incorporate EMS at State DOT level • EPAGreen Highways Partnership • AGC and EPA teaming in Sector Strategies Program • State Highway 130 in Central Texas as an example of innovation • TxDOT Exclusive Development Agreement • First of its kind EMS • Integration of Adaptive Management

5. Introduction • Opportunities for future transportation projects • Lessons learned • EMS and Adaptive Management to streamline and energize NEPA • Green Highways as an avenue to do things “better than before” • Sector Strategies and AGC mobilizing large and small contractors

6. Nationwide EffortsCEQ • White House Council on Environmental Quality (CEQ) review of NEPA • 1997 NEPA Effectiveness study • Recommends using an Adaptive Management approach to NEPA to streamline and manage uncertainty • Describes NEPA as a one-time event (old paradigm predict-mitigate-implement) • Introduces new paradigm: predict-mitigate-implement-monitor-adapt

7. Nationwide EffortsCEQ • 2002 NEPA Task Force • 2003 Modernizing NEPA report • Adds concept of EMS; Addresses concerns about creating open-ended NEPA • 2006 Guide on aligning NEPA, EMS and Adaptive Management • 2006 Handbook on relationship of NEPA, EMS and Adaptive Management – SH 130 as a Case Study

8. Nationwide EffortsFHWA/AASHTO • FHWA/AASHTO effort to incorporate EMS at State DOT level • 2000 Executive Order 13148 requires all Federal Agencies to implement EMS by 12/31/05 • 2003 FHWA/AASHTO workshop and EMS Implementation Guide • Includes TxDOT EMS as case study • Recommends Plan-Do-Check-Act model (ISO 14001) • “Process Roadmap” and templates

9. Nationwide EffortsFHWA/AASHTO • 2006 AASHTO EMS Implementation Update • Many states see duplicity between ISO 14001 and ISO 9000 Total Quality Management • Some see costs outweighing benefits

10. Nationwide EffortsGreen Highways Partnership • Green Highways Partnership • Grew from FHWA’s Environmental Streamlining and Stewardship initiative • “Vital Few” goals from FHWA 2003 Performance Plan • Spurred by 2002 Executive Order 13274 promoting NEPA streamlining and environmental stewardship • Improve transportation decision making through early coordination • Reduce EIS approval times from 54 mos. to 36 mos. • Increase ecosystem conservation through Exemplary Projects (e.g., Environmental GIS databases)

11. Nationwide EffortsGreen Highways Partnership • EPA Region III Mid-Atlantic builds on FHWA momentum toward “greening” US highways • June 2005 Executive Planning Charrette in Philadelphia defines the vision • November 2005 first Green Highways Forum • Green Hwys Partnership establishes three main themes • Watershed driven storm water management; innovative BMPs • Reuse and recycling; slag cement, recycled asphalt • Conservation and ecosystem management; GIS mapping and state of the art methods

12. Nationwide EffortsGreen Highways Partnership • What makes a Green Highway? • Built with materials providing enhanced watershed based storm water management • Built with recycled materials • Built with State of the art methods to protect critical habitat and ecosystems

13. Nationwide EffortsSector Strategies Program • EPA and AGC partner in the Sector Strategies Program for Construction • May 2003 EPA announced new program in the Office of Policy, Economics and Innovation to improve environmental performance sector wide • Associated General Contractors of America (AGC) as representative for Construction

14. Nationwide EffortsSector Strategies Program • Program focuses on three main objectives • Addressing regulatory barriers to improved environmental performance • Helping to expand the use of EMS • Measuring environmental performance • AGC and EPA task force develop EMS guide for construction industry – based on the EPA’s National Environmental Performance Track

15. Texas Highway 130 – Improving Environmental Performance with On-time Delivery • 90 mile tolled reliever for IH 35 in Central Texas • Design/Build Exclusive Development Agreement • Fast-track development—1st 49 miles due to open <6 years from NTP-1 • Includes liquidated damages for missing delivery dates

16. Texas Highway 130Design-Build Model • Design-Build vs Design-Bid-Build • Fluctuating development process • Cross-fertilization

17. Texas Highway 130Environmental Requirements • EDA Exhibit B, Section 4 Environmental Requirements • Independent Environmental Compliance Manager dedicated full time • Team of biologists, archeologists, hazardous materials specialists, water quality specialists • Independent Environmental Compliance Inspectors • “Zero Environmental Violations” policy • Comprehensive Environmental Protection Program • Monitoring and reporting • Training for all Developer employees • Permit deliverables and mitigation

18. Texas Highway 130EMS vs. EDA

19. Texas Highway 130 EMS Options • Available EMS Models • ISO 14001 • EPA Performance Track • TCEQ EMS Program • American Chemistry Council • LSI Certified under TCEQ Program • Regulatory Incentives • Performance based vs. conformance based

20. Texas Highway 130 EMS Basics • E = Environment Underlying mission: protect the environment • M = Management Parallel mission: maintain compliance (Human dimension – success depends on performance of people) • S = Systems approach Data management, adaptive feed back, continuous improvement Goal: Change the culture of the organization

21. Texas Highway 130The Basic EMS Model

22. Texas Highway 130 EMS Elements • Policy • Planning • Implementation and Operations • Training • Document Control • Operations • Emergency Preparedness & Response • Monitoring and Correction Action • Continual Improvement

23. Texas Highway 130EMS Elements • Policy • Stated Generally in EDA: “zero violations” • Expanded as LSI Official EMS Policy • Added Element of Pollution Prevention • Management Commitment • Continual Improvement

24. Texas Highway 130EMS Elements • Planning • Required by EDA • Construction Monitoring Plan • Hazardous Materials Management Plan • Project Mitigation Plan • Environmental QC of Design • Design-build as perpetual motion machine • EPIC 1

25. Texas Highway 130EMS Elements • Training • Level 1—Everyone • Level 2—Foremen, Supervisors, Inspectors • Toolbox—Response to Current Issues • Spill response • Work in Creeks • Erosion Controls • Habitat Protection • Awards Incentive Program

26. Texas Highway 130EMS Elements • Monitoring and Corrective Action • ECI Functions—More than Inspectors: Consultants and Auditors • Monitoring Reports • Daily Logs • Incident Reports (MISR) • Weekly Reporting—Unresolved Issues • Relationship with Area Construction Inspectors (ACIs)

27. Texas Highway 130EMS Elements • Implementation and Operations • Emergency Preparedness and Response • HMMP • Includes Contact Tree • Reporting Guide

28. Texas Highway 130EMS Elements • Continual Improvement— • A Philosophy and Operating Protocol—Don’t Always Expect to Get it Right the First Time • Management Support • Encourage • Train • Follow-up • Annual Audits • Internal • TCEQ via EMS Certification • Community Outreach

29. LSI and Clean Texas • Texas EMS • Voluntary • Incentives to go beyond compliance and improve performance • Platinum Level – link to EPA National Environmental Performance Track • LSI enters at the Partner level in 2004 • Paper-recycling program • Community outreach • Land/wildlife habitat conservation

30. LSI and Clean TexasEMS Audit • Initial EMS audit June 2005 • Moderate non-conformance in 2 key areas • Performance measurement • Objectives and targets • Considerable room for improvement

31. LSI and Clean TexasPerformance Measurement • LSI Environmental Performance Measurement Program • Uses long-standing safety initiative of self-assessment • Tailored to construction disciplines • Foremen perform self-assessments weekly • Scores tabulated and presented to Sr. Mngt. To show trends by discipline and by geographic area • Individual assessments addressed directly with construction manager

32. LSI and Clean TexasMeaningful Objectives • Updated Aspects & Impacts analysis • New significant aspects determined • New Objectives and Targets • Increase recycled content 50% by 2006 • Lower diesel emissions 5% by 2006 • Reduce reportable spills 50% by 2006 • Increase land/wildlife habitat conserved 50% by 2006 • Reduce generation of vegetative debris 50% by 2006 • Follow up audit Oct 2006 to confirm improvements • Noted conformance in all areas • Recommended approval for LSI at the GoldLevel • Approval granted Feb 07

33. Other EMS ElementsStandard Operating Processes • Implementation and Operations • Operational Control • Independent Role of ECM • Standard Operating Process (SOPs)—Formal Protocol for Required Method of Operation • Examples: • Dewatering • Migratory Bird Protection • SWP3 Issue Escalation • Demolition Activities • MISRs—Monitoring Incident Status Reports • Importance of Buy-in

34. Other EMS ElementsEnvironmental GIS Database • Environmental GIS • Spatial database • Inventory of sensitive areas • Track new/changed compliance issues • Adaptive management program documentation • Audit tool—EMS requirement

35. Environmental Permits, Issues & Commitments The NEPA Document EPIC Drivers NEPA Regulatory programs (e.g., 404/401 Permit) Exclusive Development Agreement Developer Commitments EPIC in Design-Build Other EMS ElementsEnvironmental, Permits, Issues and Commitments Design Build EPIC 1 EPIC 2

36. Other EMS ElementsEnvironmental, Permits, Issues and Commitments • EPIC 2—Example

37. Other EMS ElementsEnvironmental, Permits, Issues and Commitments • EPIC 2—Example

38. Other EMS ElementsEnvironmental, Permits, Issues and Commitments • EPIC 2—Example

39. The Adaptive EMSContinual Improvement • Continual Improvement & “the Learning Organization” • Design-Build: Expect the Unexpected • Reconciling Flexibility with Consistency • Back to Basics: Compliance— Resource Protection— Move Project Forward

40. The Adaptive EMS—What Is It? • Puts Entire Organization on a Learning Curve • Provides Opportunities for Environmental Enhancement—Stewardship • Moves Project Forward—Streamlining

41. The Adaptive EMS—Learning Curve • The “R” Word—Research: Not Just Responding, But Applied Learning • Develop Research Protocols in Test Cases • Premium on Qualified, Multi-disciplined Staff • Collect Data and Make Analytical Judgments • Systematically Document Findings and Develop Recommendations • Disseminate Results and Integrate into Programs

42. Temporary Stream Crossing of Berry Creek North of Austin

43. Temporary Stream Crossing Following Major Storm – Gilleland Creek in Austin

44. Temporary Stream Crossing at Brushy Creek North of Austin

45. The Adaptive EMSLearning Curve Examples • Stream dynamics • Migratory bird protection • “Bounce” • Wildlife habitat assessment • Restoration of temporary wetland impacts • Watershed protection • Alternative stabilization methods • Flood event monitoring • Temporary crossing design

46. Ideas and Opportunities for the Future Early introduction of EMS • Move EMS ahead in development sequence—Closethe Gap • Benefits • Early integration with design • Early recognition of stewardship opportunities • Design QC • Hands-on role in permit coordination, compliance strategies, streamlining opportunities • Early training • Consciousness raising • Guide design concepts • Improve efficiencies in preconstruction coordination • Geotech investigations • Survey • Utilities • Right of way/right of entry • SH 130 Example • FEIS • {GAP} • EDA • EPP • EMS

47. Ideas & Opportunities for the FutureIntegrating EMS with NEPA • EMS as a tool for gathering and communicating lessons learned • Aspects & impacts database • Performance measurement and monitoring • Adaptive Management and EMS to streamline and energize NEPA • AM, selectively, to provide flexibility • EMS to provide infrastructure • Training • Monitoring & reporting

48. Opportunities for the FutureEMS as Mitigation • EMS imposed as a mitigation measure in the ROD • Environmental improvement as a foremost goal • Reduce risk and lessen project cost • CAUTION: W/ AM, EIS Reevaluations still required • Principles of environmental protection and stewardship upheld

49. Opportunities for the FutureGreen Highways Principles • Green Highways as an avenue to achieve “better than before” results • Starts at the outset of NEPA process • Purpose & Need statement • Reasonable alternatives • Mitigation commitment to EMS to monitor implementation and adapt to change • Extend and refine the NEPA snapshot of predicted impacts

50. Conclusion • Common themes abound • NEPA – “restoring and maintaining environmental quality” • EMS – “continual improvement” • Green Hwys – “better than before” • Sector Strategies – “improve performance” • All emphasize collaboration and stakeholder involvement