Design and Development of Dallas/Fort Worth International Airport s [DFW s] Compliance-Focused Environmental Management System [EMS] 1

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1 EMS - INTRODUCTION Design and Development of Dallas/Fort Worth International Airport s [DFW s] Compliance-Focused Environmental Management System [EMS] 1 Acknowledgments 2 Information contributing to DFW s EMS has been obtained from insights, experience and key source documents contributed by DFW Executive and Senior Management, DFW Department managers and operations staff, DFW Legal Counsel, work products generated by previously contracted environmental engineering and consulting firms, and original source documents published by environmental Administering Agencies and private sector companies. i-1 DFW Facility Location i-2 Implementation of DFW Board s May, 2000 Strategic Plan Environmental Imperatives i-3 EMS Development as a Management Tool To Assure Environmental Compliance Throughout DFW Airport i-4 Compliance Focused EMS Defined i-5 DFW EMS Program Objectives i-6 EMS Implementation Requirements i-7 DFW EMS Implementation Benefits i-8 Principal EMS Design Drivers i-9 EAD Strategic Objectives i-10 DFW Customers and Stakeholders Key Business Drivers i-11 EPA Compliance-Focused EMS Model Commitment to Environmental Excellence i-12 EPA Rationales for EMS Framework 1 Dallas/Fort Worth International Airport's Environmental Management System was adapted from the generic Compliance Focused Environmental Management System Design, Development And Implementation Manual - Air Transportation Industry Application authored by Daniel C. Bergman MS, JD [ February, 2002; All Rights Reserved]. 2 DFW s EMS Executive Overview was reviewed and edited by DFW s General Counsel, Mr. Gary Keane, Esq. Additional legal review and editing of DFW s EMS 4th, 11th and 12th element (sections ) was provided by Sarah Walls, Esq, and Gindi L. Eckel, Esq., Cantey & Hanger LLP law firm. Formatting and production of DFW s EMS Executive Overview were provided by Emma M. Florio and D. Denise Conley, DFW ITS - Graphic Services. Introduction - 1

2 i-13 Twelve [12] Key Elements of EPA Guidance Document 13.1 EPA Corporate Compliance Criteria 13.2 Texas 77 th Legislature, 2000 House Bills 2992 and ISO Certification ii-14 References 14.1 DFW Facility Location Photographs Introduction - 2

3 i-1 DFW Facility Location DFW is located in North Central Texas on the border of Tarrant and Dallas counties. DFW consists of approximately 18,000 acres which fall within five cities (Grapevine, Irving, Euless, Coppell, and Fort Worth). The Cities of Dallas and Fort Worth jointly own DFW Airport which is operated by DFW s twelve member Board of Directors [DFW Board]. DFW is the sixth busiest airport in the world in total passengers served and the third busiest in terms of aircraft operations. Approximately 400 tenants and subtenants lease facilities or conduct activities at DFW. i-2 Implementation of DFW Board s May, 2000 Strategic Plan Imperatives DFW s EMS provides a systematic, programmatic structure in which to assure that on-going operations are conducted in a manner consistent with and responsive to the strategic imperatives outlined in the DFW Board s May, 2000 Strategic Plan. Policies and objectives reflected by the priorities presented in DFW s EMS are intended to assure timely and effective delivery of environmental services consistent with DFW Board s May, 2000 Strategic Plan. To that end, EAD shall advance existing Core Environmental Compliance Programs to a point where allocation of finite DFW Departmental staff and capital resources will implement the primary environmental program priorities of prevention, source reduction and waste minimization to the maximum extent practicable. i-3 DFW s EMS has been Developed as a Management Tool to Assure Environmental Compliance Throughout the Airport DFW s EMS provides a framework in which to optimize environmental compliance throughout the Airport. The EMS provides background relating to each Department s business unit activities subject to environmental laws and regulations and those activities that present a potential environmental risk. Insights provided by information contained in DFW s EMS increase our understanding of environmental compliance issues and facilitate our respective participation in assuring sustainable environmental excellence at DFW. i-4 EMS Defined An EMS is a set of problem identification and problem-solving tools that can be implemented by the employees in an organization. Personnel evaluate the processes and procedures they use to manage environmental issues and incorporate strong operational controls and environmental roles and responsibilities into existing job descriptions and work instructions. Facility managers set objectives and targets for improving environmental aspects related to their program activities. The EMS integrates the environment into everyday business operations, and environmental stewardship becomes part of the daily responsibility for employees across the entire organization, not just in the environmental department. 3 3 Final Report: The US EPA Environmental Management System Pilot Program for Local Government Entities Prepared by Global Environment & Technology Foundation, Annandale, Va 22003, Assistance Agreement No. X , January 28, 2000 Introduction - 3

4 i-5 DFW s EMS Program Objectives Responsive to DFW Board s May, 2000 Strategic Plan Environmental Imperative requiring the establishment of an Internal and External Communications System [EMS]; Provides a systematic organizational framework based on the declared priority of Executive and Senior Management s commitment to integrating environmentally regulated activities throughout all Board Departments; Provides an internal program for assuring pollution prevention, source reduction and waste minimization, including procurement of environmentally friendly materials; Provides a platform from which to oversee environmental compliance and the achievement of environmental excellence at DFW Airport and from which to assign Board staff responsibilities and accountability to effectively manage and prioritize environmental issues of concern; Provides policy, protocols and operating procedures will provide for efficient and effective spill response, mitigation, reporting and remediation; Provides the means for integrating environmental planning into organizational decision-making; Provides a centralized clearinghouse at the Environmental Affairs Department for key environmentally relevant documents, both hard copy and electronic files; Identifies and compels Board staff environmentally related education and training, awareness, sensitivity and sustainable Environmental Stewardship; Provides for self-review protocols and periodic program performance external auditing to assure EMS sustainability and continual environmental response improvement; Incorporates a community outreach program to involve DFW external stakeholders in the Board s efforts to attain environmental excellence and make DFW the Airport of Choice. i-6 Successful EMS Implementation Requirements Executive Management s express commitment to the purposes and processes of the EMS; Implementation of environmental compliance programs, protocols, procedures and practices to assure effective environmental Policy response; Periodic external review of EMS performance. Introduction - 4

5 i-7 DFW Benefits to be Derived From EMS Implementation While deployment of an EMS is presently not a legal requirement, voluntary implementation of a Compliance Focused EMS brings a variety of internal and external benefits: Internal Benefits: A systematic approach to environmental compliance identifies opportunities to prevent pollution, reduce sources of potential pollution and minimize waste; Provides the Environmental Policy and Executive Management formal participation in empowering and overseeing the EMS as a priority facility program; Improved environmental compliance; Reduced incidents of reportable spills and releases; reduced potential DFW Board liability. External Benefits: Increased credibility with the regulatory agencies at all levels of government; Reduced potential environmental criminal and civil liability in the context of reduced potential and actual adverse environmental impact and access to regulatory authority penalty mitigation policies; Improved working relationships between Departments; environmentally related Board activity cost efficiency improvement over time; environmentally friendly procurement; more focused and less redundant allocation of Department environmentally relevant labor resources; and improved coordination between capital development project planning, design, engineering, construction and maintenance Department professionals; A role model for Board contractors and DFW tenant environmental compliance efforts. DFW s EMS will foster improved contractor and tenant application of Best Management Practices. i-8 Principal EMS Design Drivers DFW s EMS: Responsive to the Boards May, 2000 Strategic Plan; Dynamic, recognizing DFW s ever-changing operations landscape and continuously emerging environmental laws and regulations; Consistent with the expectations of the regulatory enforcement agencies at all levels of government; Introduction - 5

6 Centralizes management of critical environmental compliance documentation; Is user friendly, not labor intense, and is consistent with present asset management, project management and operations protocols; Makes environmental compliance at DFW transparent. i-9 DFW s EMS is Responsive to EAD s Strategic Objectives as Follows: Assures the level of compliance for environmentally regulated operations at DFW Airport is commensurate with the legislative mandates. Public confidence is essential to retain the support and good will of DFW customers and the community interests. Activities at DFW are of immediate interest and concern to the citizens at large, and therefore the press, given the importance of DFW as an economic engine to the Region and the vital public services provided by the Airport. Negative publicity can adversely affect not only DFW customer business activities, but also DFW s tenants. It is therefore essential to maintain a positive environmental image and the credibility that comes with implementing the DFW Board s environmental imperatives. Environmental compliance and natural resource stewardship are the keys to this credibility. Ensures that EAD s core compliance program activities are sufficient to compel deployment of Best Management Practices [BMPs]. BMPs are the one tool that can maximize environmental compliance and provide sufficient lead time to evaluate existing infrastructure and mobilize necessary capital rehabilitation without jeopardizing on-going operations. Strict adherence to BMPs can provide a defensible basis for regulatory agencies to forestall operational intervention. Developed and promulgated a State-Of-The-Art environmental training program for all DFW employees. A state-of-the-art environmental training program provides DFW employees with a heightened environmental awareness, sensitivity and an effective means of preventing, and when necessary, reporting observed environmental violations. An environmentally aware and committed workforce is the most effective means of assuring effective application of BMPs. Develop DFW s environmental programs to the degree necessary to gain international recognition for DFW s environmental leadership. DFW s capital development projects are providing a unique, ground-floor opportunity for DFW to demonstrate its commitment to environmental excellence. EAD s commitment to environmental excellence reflects the spirit of DFW Board s strategic imperatives expressed in their May, 2000 Strategic Plan. The quality of the resulting Airport facilities will exemplify the intent of DFW Board s Strategic Plan in this high stakes enterprise. Introduction - 6

7 i-10 DFW Customers and Stakeholders Key Business Drivers Legal/Regulatory Environmental compliance is a primary driver of the Environmental Affairs Department s (EAD) mission. Federal, State and local environmental laws and regulations provide the primary emphasis compelling EAD s core program services. Technological Environmental compliance depends to a great extent on managing facility business activity practices and consequent waste streams through the deployment of continuously evolving technology. Source reduction as well as effective site characterization, containment, mitigation and remediation rely on selecting effective environmental and engineering technologies. Economic and Financial The EMS contributes to DFW s economic and financial interests in the form of protecting the marketability of DFW real property and avoiding regulatory penalties. Real property market value is always diminished by environmental contamination. Timely implementation of capital development projects is directly dependent on conformance with environmental legislation such as air emission and water quality standards. i-11 Compliance Focused Environmental Management System [CFEMS] Commitment to Sustainable Environmental Excellence Through Vigilant Environmental Compliance One of the most useful and responsive models for accomplishing this outcome is the Compliance-Focused Environmental Management System [CFEMS] Enforcement Agreement Guidance promulgated by the EPA Office of Criminal Enforcement, Forensics and Training. 4 DFW s EMS is designed to incorporate, and be responsive to the Twelve (12) Elements of US EPA s CFEMS model. There is always room to improve environmental risk management and deploy cost effective environmentally friendly processes compatible with operations, asset and project management missions and deliverables. This type of focused, business unit specific, environmental review optimizes environmental compliance. DFW s EMS provides a user-friendly framework to distinguish the environmental risk aspects of each Department s operations. EAD technical support, coupled with Departmental business unit, asset and project managers commitment to perform within the framework of DFW s EMS will make optimizing environmental compliance a reality. 4 US EPA Office of Criminal Enforcement, Forensics and Training; EPA-330/ R, Compliance-Focused Environmental Management System - Enforcement Agreement Guidance (August 1997, revised January, 2000); Steven W. Sisk; National Enforcement Investigations Center, Diana A. Love, Director, Denver, Colorado Introduction - 7

8 i-12 US EPA Rationales for Promulgating the Compliance-Focused EMS - To Provide a Framework for Facility Environmental Compliance A DFW Internal and External Communication Plan [DFW s EMS] responsive to EPA s promoted compliance-focused EMS will address appropriate levels of environmental compliance in the eyes of the governmental regulatory agencies. Since the late 1980s, civil multimedia compliance investigations conducted by EPA s National Enforcement Investigations Center (NEIC) have increasingly involved identifying causes of observed noncompliance. In a significant number of cases, the causes arise from inadequate environmental management systems. NEIC developed key elements for a compliance-focused EMS model which EPA has used in its settlement agreements with some responsible parties. 5 The continued growth at DFW and the economic benefit gained from Airport activities throughout the North Texas Region rely on maintaining high levels of compliance with environmental laws and regulations. Implementation of this comprehensive DFW EMS will serve to exemplify DFW Board and Executive Management s commitment to environmental excellence in behalf of all DFW stakeholders. i-13 The Twelve [12] Key Elements of EPA s Compliance- Focused EMS Guidance [Paraphrased for Brevity] 6 1 st Element - Environmental Policy The organization s environmental policy upon which the EMS is based must clearly communicate management s commitment to achieving compliance with applicable Federal, state and local environmental statutes and continuous improvement in environmental performance. The policy should also state management s intent to provide adequate personnel and other resources for the EMS. 2 nd Element - Organization, Personnel, and Oversight of EMS Describes how the EMS is implemented and maintained. Includes organization charts that identify business units, line management and other persons having environmental performance and regulatory compliance responsibilities. Identifies and defines duties, roles, responsibilities and authorities of key environmental program managers in implementing and sustaining the EMS; includes ongoing means of communicating environmental issues and information to all organization personnel, on-site providers, contractors. 3 rd Element - Accountability and Responsibility Specifies accountability and responsibilities of the organization s management for environmental protection practices, required reporting to regulatory agencies and corrective actions implemented within their areas of responsibility; describes incentive programs for managers and employees to perform in accordance with compliance policies; describes potential consequences for departure from specified operating procedures including liability for civil/administrative penalties imposed as a result of noncompliance. 5 Id., USEPA Office of Criminal Enforcement... EPA-330/ R 6 Id., USEPA Office of Criminal Enforcement... EPA-330/ R Introduction - 8

9 4 th Element - Environmental Requirements Describes process for identifying, interpreting, and effectively communicating environmental requirements to affected organization personnel and ensuring that facility activities conform to those requirements; established processes to ensure communication with regulatory agencies regarding environmental requirements and regulatory compliance. 5 th Element - Assessment, Prevention and Control Identifies an ongoing process for assessing operations, for the purposes of preventing and controlling releases, ensuring environmental protection and maintaining compliance. It shall also include identifying operations and waste streams where equipment malfunctions and deterioration, operator errors, and discharges or emissions may be causing or may lead to releases of pollutants, threat to human health or the environment or violations for environmental requirements. Describes a system for conducting and documenting routine, objective, selfinspections by department supervisors and trained staff; describes process for ensuring input of environmental requirements in planning, design and operation of ongoing, new or changing buildings, processes, and/or maintenance activities. 6 th Element - Environmental Incident and Noncompliance Investigations Describes standard procedures and requirements for internal and external reporting of potential violations and release incidents. Establishes procedures for investigation and prompt correction of potential violations. Describes a system for development, tracing, and effectiveness verification of corrective and preventative actions. 7 th Element - Environmental Training, Awareness and Competence Identifies specific education and training required for organization personnel; describes program to ensure that organization employees are aware of its environmental policies and procedures, environmental requirements and their roles and responsibilities within the environmental management system. 8 th Element - Environmental Planning and Organizational Decision-Making Describes how environmental planning will be integrated into organizational decisionmaking; including plans and decisions on capital improvements, process design, training programs and maintenance activities. Requires establishing written targets, objectives, and action plans by at least each operating organizational sub-unit with environmental responsibilities including those for contractor operations conducted at the facility. 9 th Element - Maintenance for Records and Documentation Identifies the types of records developed in support of the EMS (including audits and reviews), who and where records are maintained, and protocols for responding to inquiries and requests for release of information. Specifies the data management systems for any internal waste tracking, environmental data and hazardous waste determinations. 10 th Element - Pollution Prevention Program Describes an internal program for preventing, reducing, recycling, reusing and minimizing waste and emissions, including procedures to encourage material substitutions. Introduction - 9

10 11 th Element - Continuing Program Evaluation and Improvement Describes program for periodic evaluation of the EMS and communicating findings and action plans to affected employees, on-site service providers and contractors. Describes a program for ongoing evaluation of facility compliance with environmental requirements, periodic compliance audits and reporting results to upper management. 12 th Element - Public Involvement/Community Outreach Describes a program for ongoing community education and involvement in the environmental aspects of the organization s operations and general environmental awareness. Introduction - 10

11 Scratched out of the prairie between Dallas and Fort Worth emerged DFW International Airport. Introduction - 11

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