Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 24

ENVIRONMENTAL PERFORMANCE STANDARDS

734-024-0005

Purpose

The Department of Transportation (Department) is required by Oregon Laws 2009, Ch. 865, Section 18 to take into consideration (a) incorporation of environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department, and (b) improving the environmental permitting process for all state highway construction projects. The purpose of OAR 734-024-0005 through 734-024-0040 is to provide the applicability, guidance, and management structure for development of environmental performance standards and improve the environmental permitting process.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18
Stats. Implemented: OL 2009, Ch. 865, sec 18
Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0015

Definitions

As used in this division, unless the context otherwise requires:

(1) “Commission” means the Oregon Transportation Commission.

(2) “Context sensitive and sustainable solutions” means a philosophy that combines the principles of context sensitive design and sustainability. A framework for implementing the goals that reflect social values (community values; cultural, aesthetic, and historic resources; and diversity), maintain safety and mobility, support economic prosperity, achieve responsible stewardship of the natural environment, and facilitate cost-effective solutions.

(3) “Department” means the Oregon Department of Transportation.

(4) “Department Region” means the five (5) established Regions of the Department responsible for development and delivery of the Department’s highway construction projects.

(5) “Director” means the Director of the Oregon Department of Transportation.

(6) “Enhancement” means, with respect to the environment, an opportunity to be considered, not a requirement. Enhancement includes activities that go beyond the agreed-upon regulatory requirements whether in planning, design, construction, maintenance, or operations.

(7) “Environmental Guiding Principles” means organizational values that help the Department maintain a strong commitment to environmental stewardship. For highway construction project design and construction activities, ODOT must consider the following principles:

(a) Select, design, and construct state highway construction projects in a context sensitive and sustainable manner.

(b) Mitigate impacts to natural and cultural resources, to the extent practicable.

(c) Consider cost-effective resource enhancement opportunities to support natural and cultural resource functions.

(d) Improve environmental permitting processes to efficiently meet both the needs and expectations of project delivery and the Department’s environmental commitments.

(e) Collaborate and seek consensus with internal and external stakeholders to find balance between resource impacts and achieving the purpose and need of highway construction projects.

(f) Maintain accountability and transparency for decisions and actions that affect the resources entrusted to the Department and for the environmental outcomes that result from Department projects.

(8) “Environmental performance standards” means acceptable levels of environmental performance specified for project activities.

(9) “Environmental permit” means an approval or clearance that is needed to comply with an environmental law or regulation.

(10) “Environmental permitting process” means all the Department and regulatory agency activities and tasks that produce environmental compliance products for state highway construction projects to meet environmental laws, rules, and regulations.

(11) “Environmental stewardship” means the responsibility for environmental quality while developing and managing the transportation infrastructure. It means actively working to protect and enhance our natural and cultural resources for current and future generations. It is demonstrated through continuous improvement of environmental performance while conducting the scope and purpose of ODOT’s mission.

(12) “Foreign oil” means oil or its derivatives that are imported to the United States from other countries.

(13) “Highway,” as defined by ORS 801.305, means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

(14) “Local Government Highway Construction Projects Funded by the Department” means a public improvement project on highways under the jurisdiction, control, and management of local governmental bodies that are funded either in whole or in part with either state or federal funds. Local government funding programs administered by the Department include highway construction projects to which this rule would apply.

(15) “Mitigation” means:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action.

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(e) Compensating for the impact by replacing or providing substitute resources or environments.

(16) “Programmatic agreement” means a document that specifies the terms of a formal, legally binding agreement between a state Department of Transportation and other state and/or federal agencies. A programmatic agreement establishes a process for consultation, review, and compliance with one or more federal or state laws.

(17) “Programmatic permit” means a permit or other authorization that

(a) Covers a geographic or statewide area and applies to a variety of projects, activities, or locales; or

(b) Covers certain activities within specific size or impact thresholds. A programmatic approach may allow actions to proceed without project-specific approval by each permit decision-making agency.

(18) “State highway construction project” means a public improvement project on state highways under the jurisdiction, control, and management of the Department, including interstate highways within the State of Oregon.

(19) “Sustainability,” as defined by ORS 184.421, means using, developing, and protecting resources in a manner that enables people to meet current needs while providing for future generations to meet their needs, from the joint perspective of environmental, economic, and community objectives.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18
Stats. Implemented: OL 2009, Ch. 865, sec 18
Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0020

Applicability

The provisions of division 24 apply as follows:

(1) Environmental performance standards developed and adopted by the Department must be incorporated into the design and construction of all state highway construction projects, including local government highway construction projects funded by the Department.

(2) Permitting process improvements developed and adopted by the Department in cooperation with state and federal resource agencies must be incorporated into all state highway construction projects.

(3) These rules are in addition to and not in lieu of all other applicable state and federal laws and regulations.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18
Stats. Implemented: OL 2009, Ch. 865, sec 18
Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0030

Environmental Performance Standards

Environmental performance standards implement the Environmental Guiding Principles at the project design and construction phases of project development.

(1) When considering incorporation of environmental performance standards into the design and construction of state highway construction projects, the Department must consider:

(a) Environmental performance standards from current Department manuals and policies, as well as from applicable state and federal regulatory requirements.

(b) Incorporating environmental performance standards into construction specifications and special provisions.

(c) Design exception criteria to specific environmental performance standards as specified by current Department manuals and policies and state and federal regulatory requirements.

(2) The Director may designate committees to provide direction and oversight to environmental performance standards development, implementation, and modification.

(a) These designated committees may establish collaborative working groups to develop environmental performance standards. The working groups may be composed of internal Department stakeholders and external stakeholders.

(b) The working groups must use Department approved protocols and criteria for adoption and amendment of environmental performance standards or develop new protocols and criteria subject to the direction and oversight of the designated committees.

(3) For efficient consideration of environmental performance standards in the design and construction of state highway construction projects, the Department may use existing planning and project development processes or develop new processes as necessary.

(4) Department project teams for state highway construction projects must implement and document incorporation of Environmental Guiding Principles and applicable environmental performance standards at appropriate milestones in the project development and delivery process.

(5) Local government highway construction projects funded by the Department must implement and document incorporation of Environmental Guiding Principles and applicable environmental performance standards from current Department manuals and policies at appropriate milestones in the project development and delivery process. This requirement will be incorporated into local agency agreements.

(6) The Department must develop and publish periodic progress reports on Department and local government performance for incorporation of environmental performance standards in the design and construction of state highway construction projects and local government highway construction projects funded by the Department.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18
Stats. Implemented: OL 2009, Ch. 865, sec 18
Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

734-024-0040

Improving the Environmental Permitting Process

(1) The Department must consider improvements to the environmental permitting process for state highway construction projects in order to achieve the following outcomes:

(a) Reduce the time required to design projects associated with meeting environmental requirements;

(b) Reduce the time required to obtain environmental permits;

(c) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;

(d) Maintain a strong commitment to environmental stewardship; and

(e) Reduce this state’s dependence on foreign oil.

(2) In order to achieve these outcomes, the Department must, but is not limited to:

(a) Work with state and federal resource and regulatory agencies to develop programmatic agreements and permits.

(b) Develop performance measures, goals, and improvement strategies and initiatives.

(c) Develop and publish periodic progress reports on Department performance in achieving these environmental permit process outcomes.

Stat. Auth.: ORS 184.616, 184.619, OL 2009, Ch. 865, sec 18
Stats. Implemented: OL 2009, Ch. 865, sec 18
Hist.: HWD 4-2011, f. & cert. ef. 5-27-11

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​