ENVIRONMENTAL MANAGEMENT SYSTEMS AND ADAPTIVE MANAGEMENT IN TRANSPORTATION Lessons from State Highway 130 in Central Tex

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