THE PROJECT CYCLE AND THE ROLE OF EIA AND EMS

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Journal of Environmental Assessment Policy and ManagementVol. 1, No. 4 (December 1999) pp. 429439 Imperial College Press

LIFE-OF-PROJECT ENVIRONMENTAL MANAGEMENTSTRATEGY: CASE STUDY OF THE CONFEDERATION

BRIDGE PROJECT, CANADA

JEFFREY L. BARNESVice President, Environmental Sciences, Jacques Whitford Environment Limited

711 Woodstock RoadP. O. Box 1116, Fredericton

New Brunswick, E3B 5C2, CanadaE-mail: [email protected]

DAVID LEMONSenior Scientist, Jacques Whitford Environment Limited,

607 Torbay RoadSt. Johns, Newfoundland, A1A 4Y6, Canada

E-mail: [email protected]

The developer of the Confederation Bridge Project in eastern Canada is successfullyimplementing a life-of-project environmental management strategy for this privately-fundedpublic project. The cornerstone of this strategy is the Environmental Management Plan (EMP),an umbrella document which describes how the developer is managing all environmentalaspects of the project throughout the construction phase and the subsequent 35-year periodof private ownership. The EMP is comprised of several dynamic plans and programmes.Owing to unique circumstances, the EMP was developed prior to the completion of theenvironmental assessment, providing an example of the benefit of such, especially for afinance-build-own-operate-transfer infrastructure project. The experience of this project leadsto the conclusion that the use of environmental management systems to encapsulateenvironmental management strategies early in project planning would be beneficial.

Keywords: environmental management plan, environmental management systems,Confederation Bridge Project, environmental effects monitoring

Introduction

Environmental management planning has been an important element of StraitCrossing Development Inc.s (SCDI) $840 million Canadian (Cdn) ConfederationBridge Project. A 12.9 km bridge spanning the marine waters of Northumberland

430 J. L. Barnes & D. Lemon

Strait between the provinces of New Brunswick and Prince Edward Island ineastern Canada, the project raised significant environmental and public concern.The bridge opened in 1997, replacing the existing ferry system, after a decadeof public debate and controversy regarding the project.

SCDIs initial approach to environmental management and its proposedenvironmental strategies were crucial in their success and ultimate selection asthe developer for this privately-funded public project. The plans and programmesdeveloped to address and manage environmental and public concerns have beeninstrumental to the successful planning, construction and operation of the facility.The authors firm was the principal environmental consultant to SCDI throughthe development process. The senior author acted as Environmental Managerfor SCDI from 1988 to 1997 and his co-author managed their firms extensiveactivities for SCDI. Their involvement has spanned the planning, constructionand early operational phases of the development.

Background

An ongoing interest in building a fixed link between Prince Edward Island andNew Brunswick was renewed in the mid-1980s when the federal governmentreceived a number of unsolicited private-sector proposals. In 1987, Public WorksCanada (PWC) formed a federal/provincial Project Planning Committee to assessproject viability. A year later, PWC commissioned a Generic Initial EnvironmentalEvaluation (GIEE) of bridge and tunnel alternatives (PWC, 1988). The GIEEconcluded that, at the concept level, the predicted environmental effects of thebridge and tunnel generic designs could be managed so as not to be significant.

Early in 1988, PWC released a call for proposals to the private sector fora fixed link crossing which were required to conform to environmentally sensitivecriteria and specified mitigating measures for design, construction and operation.In response, six bridge proposals and one tunnel proposal, were submitted bydevelopers in June 1988. PWCs review of the proposals concluded that allenvironmental and technical requirements had been met by three of the bridgeproposals; the other four were rejected for non-compliance in both of theseareas.

In early 1989, in response to public concern, the PWC Minister announcedthe project would be referred to the Minister of Environment for a full publicreview by an independent panel. The project proposal reviewed by the panelincluded information on a generic bridge design provided by PWC. This BridgeConcept Assessment (PWC, 1989) served as the environmental impact statement.Although PWC had identified three compliant bridge proposals, specific bridge

Life-of-Project Environmental Management Strategy 431

designs were not considered by the panel owing to the proprietary nature ofthe bidding process, which was deferred during the public review.

The panel submitted its report after 14 months of hearings and additionalstudy, including extensive public consultation throughout the period (FEARO,1990). The panel report identified several potentially beneficial effects of theproposal as well as several potentially adverse effects. After careful considerationthe panel concluded that the risk of harmful effects of the proposed bridge conceptwas unacceptable and recommended that the project should not proceed. Ofparamount importance were the risk presented from a delay of the clearing ofice (ice-out delay) and the associated potential environmental effects. The panelstated that it was their belief that risks associated with a maximum ice-out delayof two days over a period of 100 years would, however, be acceptable.

In late 1990, the federal government responded to the panels concerns byaccepting the criterion for the ice-out delay recommended by the panel, acceptingcertain other recommendations by the panel, and by forming an independentIce Committee of ice experts to address ice-out concerns (PWC, 1990). Thegovernments response to the many other potential environmental effects wasto require the successful proponent to develop an Environmental ManagementPlan (EMP) to address the mitigation measures required for construction andoperation of the bridge, including all such measures recommended by the panel.The government also committed to establish an Environment Committee of federaland provincial representatives to ensure the plans of the successful developerwere acceptable to all levels of government and the public, and to ensure theimplementation of the EMP throughout the life of the project.

In 1991, after extensive study, the independent Ice Committee concludedthat each of the three submitted bridge designs satisfied the ice-out criterion.Later that year the Environment Committee concluded that the three designshad satisfied all of the criteria established by the governments response to thepanel report, including the developers ability to implement an effective EMP.In early 1992, PWCs third phase of the proposal call for the bridge, includinga price bid and submission of a financial plan, reiterated the earlier requirementsfor the development of an EMP, as well as specifying stringent requirementsfor the development and approval of the plan. In July 1992, SCDI was selectedas the developer of the bridge by PWC and final contract negotiations commenced.

As a result of a successful challenge to the project in the Federal Courtof Canada in March 1993, PWC was required to conduct an environmentalassessment of SCDIs specific proposal. The proponent was requested to preparea detailed environmental evaluation (JWEL, 1993) of their specific proposal.That environmental assessment involved an extensive public review and hearings.


The decision to proceed without a second panel review of the specific projectwas the subject of an unsuccessful second Federal Court challenge in MayAugust 1993. The decision was upheld by the Court, in spite of a subsequentappeal in 1995. The bridge construction commenced in October 1993 and wasopened to the public in June 1997.

Development of An Environmental Management Plan

Central to SCDIs approach to environmental management is its EMP (StraitCrossing Inc., 1993). The EMP is an umbrella document intended to outlinemanagement plans for all phases of the project, including the 35 years of privateownership. The EMP provides a flexible framework within which specific plansare developed for the various phases of the development (i.e. planning, constructionand operation). Although prepared before the advent of ISO 14001, the EMPcontained many elements of an environmental management system. As an impactmanagement tool, the EMP is equivalent to an EMS manual.

A preliminary draft of the EMP was prepared for review by the EnvironmentCommittee. Upon acceptance by the Environment Committee, the draft EMP(Strait Crossing Inc., 1992) was released for a 40-day public review. This reviewincluded nine public meetings in three provinces, and 18 stakeholder meetings,which involved a total attendance of approximately 5700 persons. Upon reviewof the public input, the draft EMP was finalised, and subsequently reviewedand accepted by the Environment Committee in February 1993 (Strait CrossingInc., 1993).

To be an effective and usable project management tool, the EMP requireda holistic approach to the environmental challenges of the project. The resultwas a document composed of several major components:(i) project description

(ii) environmental protection plan(iii) contingency and emergency response plan(iv) public information programme(v) environmental reporting procedures and

(vi) environmental effects monitoring programmeThe EMP was developed to provide an overall environmental management

framework to address potential environmental effects identified during theenvironmental assessment of the project and to implement commitments madeby SCDI, including those made contractually and corporately, and all regulatoryrequirements. The performance obligations with respect to compliance with the


EMP were subsequently incorporated into the design and construction require-ments of the Development Agreement between SCDI and PWC in October 1993.

Uniquely, the Federal Court challenge resulted in the preparation of anenvironmental assessment after the EMP was reviewed and accepted (and aftera full panel review of the generic project concept). As a consequence, theenvironmental assessment (JWEL, 1993) demonstrated an unusually high levelof environmental management detail. This experience has led the authors toidentify the very substantive benefits associated with the preparation of an EMPat the environmental assessment stage.

Environmental Protection Planning

The Environmental Protection Plans (EPPs) are an important component of SCDIsenvironmental management planning. The phase-specific EPPs are practical, field-usable documents that clearly outline the environmental protection measures orprocedures to be implemented by project employees during construction andoperation. They are the principal vehicle for ensuring that mitigation is implementedas prescribed by all laws, regulations, permits, authorisations, guidelines andstandards, and as recommended by the Federal Environmental Assessment Panel,the Minister of Public Works, and as committed to by SCDI through the biddingand contracting process. All environmental requirements and commitments areconsolidated into the EPPs, and as such they represent the environmental actionplan for construction and operation activities.

SCDIs approach to Environmental Protection Planning mirrored the designbuild approach of the project. The construction of some critical-path elementsoccurred in advance of the final design. SCDI outlined generic environmentalprotection procedures for construction activities, which were of a routine nature,well before construction began. These were contained in a generic EPP in anappendix to the EMP. Thereafter, to accommodate the critical path activitiesat the onset of construction and the designbuild approach to the project, PWCallowed the development of an interim EPP for the first 120 days of construction.Once the specific details of design and construction procedures were better known,stage-specific EPPs were developed. Stage-specific documents were preparedfor the following major project components of construction: Staging Area SiteDevelopment and Operation, Land-Based Construction and Marine Construction(Strait Crossing Joint Venture, 1993). The Operation and Maintenance EPP wasdeveloped in early 1997. These more specific documents prescribe protectionmeasures that take into account such things as sensitive biological periods inthe Northumberland Strait or in adjacent wetland habitat. Drafts of all


stage-specific EPPs and major updates are submitted to the EnvironmentCommittee for a two-month review period, prior to the commencement of theparticular phase of the project. Minor revisions and updates are reviewed ona 14-day basis.

As a part of its overall environmental management strategy, SCDI placeda high degree of importance on its own environmental inspection activities. Inaddition to the environmental manager, SCDI employed a full-time environmentalcoordinator who was responsible for all aspects of the EPP and environmentalinspection during construction.

Contingency and Emergency Response Planning

Contingency and emergency response plans were incorporated within the GenericEPP and stage-specific EPPs prepared for the project, to ensure their integrationwith environmental protection procedures. The contingency and emergency responseplans outline procedures to follow in the event of fuel and hazardous materialsspills (on land, on the bridge and in the water), wildlife encounters, discoveryof heritage resources, fires and vessel accidents. The plans clearly state theactions to be taken in the event of any of these incidents. An approach responseis enabled through establishment of a definitive chain of command for on-siteemergencies, ensuring that trained personnel with proper equipment are readyto respond at all times.

Environmental Orientation and Education Programme

In order to ensure that all project personnel were fully aware of environmentalpolicies and procedures, SCDI implemented an employee environmental orientationand education programme during construction. It was SCDIs policy duringconstruction that all project employees attend an appropriate environmentalorientation session, to familiarise them with the sensitivity of the environmentwithin which their specific work would be conducted, and to ensure understandingof their environmental protection responsibilities. These sessions were mandatoryand conducted prior to working on-site, and were conducted in conjunction withsafety and other worker-orientation briefings. In addition to environmental concernsdirectly related to their work duties, workers were made aware of such thingsas the location of sensitive areas, the timing and location of fisheries activity,and of rare plants and habitats protected by activity exclusion zones. In theinitial stages of construction of the land-based staging areas, these were conductedby the environmental coordinator. Later, an overall project video was preparedto address all worker orientation requirements.


Environmental Reporting Procedures

In recognition of the importance of continuous and effective communicationbetween all groups involved during construction of the project, SCDI implementedvarious mechanisms to ensure that all environmental aspects were fullycommunicated. To this end, several regular reporting programs were implemented,each with its own focus, to be targeted at the relevant stakeholders and thepublic. Weekly reports are prepared by the environmental coordinator. Theenvironmental manager filed a monthly report that summarised weekly events,highlighted critical activities, and provided a short progress report on allenvironmental activities. Technical reports and accidental spill reports werecompleted as required through construction and continue in operation. In particular,annual Environmental Effects Monitoring reports outline the technical detailsof these scientific studies.

Environmental Effects Monitoring Programme

A highlight of the EMP is the proponent-sponsored Environmental EffectsMonitoring (EEM) programme. The EEM programme has involved the collectionof baseline data (19931995) and the monitoring of potential construction andbridge presence environmental effects (19941997). The studies built on thedata collected during the environmental assessment and on various ongoingGovernment of Canada research programmes. The programme entailed extensivepost-construction studies in 1997 to verify the impact predictions. Programmesinclude, but are not limited to, ice climate, physical and chemical oceanography,marine benthic species (such as marine plants, scallop and lobster), marine fishspecies (such as winter flounder and herring), aquatic and terrestrial birds, andbird migration. A limited programme of trend-over-time monitoring continuedin 1998 and 1999, sponsored partly by the Government of Canada and SCDI(JWEL, 1998, 1999).

The EEM program had several primary objectives:(i) to ensure that the construction schedule did not conflict with environmental

components;(ii) to verify impact predictions and to assess the effectiveness of mitigation;(iii) to provide an early warning of undesirable change and;(iv) to improve understanding of environmental cause-and-effect relationships.

The process by which the EEM programme was developed and reviewedwas rigorous, since it was crucial that all studies be scientifically and statisticallysound, with clear objectives and accepted practical methodologies. Boundaries


of each study were defined to ensure that potential interactions with valuedenvironmental components were adequately assessed. SCDI established Marineand Terrestrial EEM Advisory Committees comprising independent technicalexperts, including an environmentalist and a fisherman, to provide technical adviceon the content, scientific integrity and design of programmes. Review and approvalof the EEM was multi-phased and iterative. Each year, SCDI consulted withthe Advisory Committees, appropriate regulatory agencies, and interested andaffected parties to ensure that the interests, concerns and technical advice ofthese parties were considered in the development and evaluation of the EEMprogramme results, and that the programmes complied with the performancerequirements for the protection of valued environmental components definedin the development agreement.

Construction monitoring confirmed predictions made during the environmentalassessment. For example, zones of influence associated with dredging for pierbases were confirmed to be consistent with or less than those predicted (JWEL,1998). Similarly, the biological effects of construction were confirmed to benot significant as defined in the environmental assessment (JWEL, 1993).

Inspection and Audit Activities

During the course of construction, SCDI used two approaches to environmentalinspection. The environmental coordinator made regular inspections of all workareas, often daily during critical or sensitive periods. More importantly constructionsupervisors were trained and charged with the responsibility of implementingthe EPP in their work areas.

PWC, as the responsible agency, also conducted formal annual audits of theproject during construction and has continued this practice into operation.

Public Information Programme

The requirement for an effective public information and consultation processin the development and construction of the Northumberland Strait Bridge Projectwas very important. Effective public consultation was the key to the generalpublics ultimate acceptance of the project. SCDIs approach was geared towardthe provision and widespread distribution of project information regarding allaspects of the activity and presented in formats that could be readily understoodby all parties, including the public. Particularly important was that the EMPwas developed under full public scrutiny. Nine public meetings were held. Over4000 copies of the draft EMP were distributed, and 5700 people participatedin the review. SCDIs specific environmental assessment was the subject of four


public hearings that were attended by thousands of people. The environmentalevaluation was made widely available through direct distribution and publicrepositories.

After project approval, the public consultation process involved severalcomplementary mechanisms designed to encourage public dialogue, and enhancepublic input into the construction and operation of the bridge. These rangedfrom formal public meetings and media interviews to presentations made forschoolchildren. The construction site was open for guided tours and visitor centreswere maintained at both the Borden, Prince Edward Island, and Bayfield, NewBrunswick staging areas.

Conclusions

The developer and the Government of Canada (PWC) have successfullydemonstrated the merits of adopting a life-of-project environmental managementstrategy for this privately-funded public project. With the emergence of a finance-build-own-operate-transfer (FBOOT) approach to the development of infrastructureprojects, the Confederation Bridge project offers an example of how to achievesuccessful environmental management in this new paradigm. At the planningstage, the Government of Canada (owner of the project) required the developmentof an EMP with full public and regulatory scrutiny. The developer is contractuallybound to implement all aspects of the approved EMP for the life of the project.

At the outset of a project, the EMP affords a comprehensive articulationof the environmental management approach and policies that the developer willimplement during the life of the project. The attendant plans (e.g., EPPs, contingencyand emergency response plans, environmental effects monitoring) provide thedeveloper with sufficient flexibility to develop stage-specific procedures andplans as details of the design, construction methods and operational regime aredeveloped. The design-build approach was accommodated through the establishmentof a project-specific document review process under the purview of a multi-jurisdictional Environment Committee and in a manner supportive of the goalsand objectives outlined in the EMP.

With the advent of environmental management system (EMS) standards suchas ISO 14001, it should be possible in future to encapsulate similar projectswithin a formalised EMS framework modelled on this project. The benefit ofa formalised EMS established early in planning, as a part of the environmentalassessment, would be great. For example, with increasing experience, the emphasisof environmental assessment can be focused on the important or criticalenvironmental aspects and solutions, while more routine procedural matters canbe easily addressed through the EMS. For example, the routing of a road is


an important matter during environmental assessment, whereas the applicationof dust suppression during construction could be deemed routine and addressedas an environmental protection procedure in an EPP as part of the project EMS.Additionally, the EMS will provide the framework within which to address theunique environmental solutions required to develop the project in an environmentallyappropriate manner. Challenges may exist where the developer has many operatingfacilities with which the new facility must ultimately be integrated after construction.Where a developer already has a corporate EMS in place, it would be advisableto integrate and develop new projects within, rather than external to, the existingcorporate EMS framework. The integration of the environmental assessment andEMS tools has been suggested by van der Vorst, et al. (1999). The ConfederationBridge project represents an early example of this emerging approach.

The EEM program for this project was proponent driven, with a high levelof technical, stakeholder and regulatory scrutiny. The implementation of soundgoals and objectives within a comprehensive EMP framework provided theproponent with the freedom to drive the programme at a pace that supportedits own schedule while reducing the burden on stakeholders and regulatoryauthorities.

Acknowledgements

The authors would like to thank Gordon Beanlands for his review of the manuscript.The authors would also like to thank the many members of their team, includingparticularly Kevin Pytyck, Brian Thompson, Donald Maynard, Earle Hickey,Stephen Fudge and Michael Crowell.

References

Federal Environmental Assessment Review Office (FEARO) (1990) The NorthumberlandStrait Crossing Project, Report of the Environmental Assessment Panel. FederalEnvironmental Assessment Review Office, panel report No. 34, Ottawa, Canada,46 pp

Jacques Whitford Environment Limited (JWEL) (1999) Confederation Bridge Environ-mental Effects Monitoring: 1998 Results. Prepared for Strait Crossing Bridge Limited,Borden, Canada, 23 pp. & appendices

Jacques Whitford Environment Limited (JWEL) (1998) Northumberland Strait CrossingProject Marine Environmental Effects Monitoring Program. Prepared for Strait CrossingInc. Charlottetown, Canada, 121 pp. & appendices

Jacques Whitford Environment Limited (JWEL) (1993) Environmental Evaluation ofSCIs Proposed Northumberland Strait Crossing Project. Prepared for Strait CrossingInc., Calgary, Canada, 278 pp. & appendix


Public Works Canada (PWC) (1990) Federal Government Response to Recommendationsfrom the Report on the Environmental Assessment Panel

Public Works Canada (PWC) (1989) Northumberland Strait Crossing Project. BridgeConcept Assessment. Prepared by Delcan-Stone and Webster, Halifax, Canada

Public Works Canada (PWC) (1988) Generic Initial Environmental Evaluation of theNorthumberland Strait Crossing Project. Prepared by P. Lane and Associates Limited,Halifax, Canada, and Washburn and Gillis Associates Ltd., Fredericton, Canada

Strait Crossing Inc. (1993) Environmental Management Plan for the NorthumberlandStrait Crossing Project. Prepared for Public Works Canada Environment CommitteeReview. Calgary, Canada, 63 pp. & appendices

Strait Crossing Inc. (1992) Draft Environmental Management Plan for the Northum-berland Strait Crossing Project. Prepared for Public Works Canada EnvironmentCommittee Review. Calgary, Canada, 63 pp. & appendix

Strait Crossing Joint Venture (1993) Environmental Protection Plan for the Northum-berland Strait Crossing Project. Borden, Canada

Van der Vorst, R., Grafe-Buckens, A. & Sheate, W.R. (1999) A Systematic FrameworkFor Environmental Decision-Making. Journal of Environmental Assessment Policyand Management, 1(1), 126

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