Environmental Site Assessments Hazardous Materials/ Regulated Substances Categorical Exclusion...

Environmental Site Assessments

Hazardous Materials/Regulated Substances

Categorical Exclusion Training Class

Silent Spring by Rachel Carson Published in 1962

Brought awareness to misuse of chemicals The environmental movement began…

2Categorical Exclusion Training Class

Environmental Disasters Cuyahoga River

ON FIRE!! Cleveland, Ohio

Times Beach, Missouri Waste oil to control road dust contained dioxin Town evacuated

Love Canal Neighborhood of Niagara Falls, NY Built on a chemical dumpsite


New Rules Established Result of environmental disasters

Focused on waste management and disposal Based on the Owner/Operator of site

Who owns and the tenant of a site Assigned responsibility for clean up

Strict and Severe Liability Creation of protections for government and

Innocent Landowner Defense


Federal Laws Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 CERCLA Identification and remediation of unsupervised

and/or abandoned hazardous waste sites Strict and Several Liability

Superfund Amendments and Reauthorization Act SARA Reauthorized and expanded CERCLA Provides defenses of liability for contaminated sites Innocent Landowner Defense Eminent Domaine


Federal Laws Resource Conservation and Recovery Act of 1976

RCRA Management and disposal of solid and hazardous

waste Ohio EPA

Hazardous and Solid Waste Amendments of 1984 ( Amended RCRA to establish land bans and

regulate Underground Storage Tanks (USTs) Bureau of Underground Storage Tank Regulations

(BUSTR)


ODOTPROCEDURES


ESA Definition Process that reasonably determines whether a

property has been contaminated with regulated substances and/or hazardous waste ODOT evaluates liability associated with acquiring

property for a project Determines if proper waste management is

needed during construction


ESA Process Ensures proper waste management during

construction Due Care Does not include asbestos or lead paint on

structures Establishes Innocent Landowner Defense for new

right-of-way Due Diligence

ROW includes Permanent ROW, Temporary RPW and Easements


ESA Investigations Stepped Process Is more detailed as go through process Dependent on PDP Path for Path 2-5 projects ESA investigations for Path 1 projects dependent

on ROW and/or deep excavation No ROW + no deep excavation = No ESA ROW and/or Deep excavation = ESA

Deep excavation > 4 feet ROW includes temporary ROW and

easements

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How ESA Information is Used by ODOT

Identify sites that require more in depth investigation Sites potentially contaminated by a past use or

current use Regulatory issues, both resolved and unsolved

No violations doesn’t mean site is clean Identify sites that need to be coordinated with

regulators How ODOT uses ESA information

Waste generation Liability

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Waste Management During Construction

Determine of additional investigation needed Determine if contaminated materials within

project Determine waste status

Use Ohio EPA VAP Residential levels and BUSTR Re-use standard

Construction contract gives materials to contractor to do with as they wish with no strings attached

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Liability Issues

Identify liability issues for site Highly regulated site Whole take of contaminated site

Identify additional investigation Not unusual to investigate and resolve

liability issues after CE approval

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Acquisition of Contaminated Properties

Real Estate Manual 5320 and 5301.06 Mostly internal ODOT process involving

Central Office and District Real Estate, Central Office ESA, District Environmental, Chief Legal and Attorney General’s Office

Issues typically involve method of acquisition and fair market value

Results are site specific since issues vary widely

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Non-NEPA Issues Items addressed outside of NEPA are not included as

part of the environmental document Asbestos on bridges or in buildings Heavy metals in bridge or building paint


Lead Paint on Bridges and Buildings

Bridges Demolition - determine by contractor

Painting Addressed in CMS 514.13

Buildings – determined by contractor

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Asbestos on Bridges and Buildings

Bridges Required to be completed prior to

completion of Stage 3 plans Removal and disposal part of construction

contract See ODOT’s Asbestosis Inspection for

Bridges Buildings

May not be conducted until ODOT has possession of building

Removal part of demolition or construction contract

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Typical Project

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Project Initiation Package

ESAScreening

Phase I ESA

Phase II ESA


Corridor Project


ESA Screening Phase I ESAPhase II ESA Work Plan

Phase II ESA

Categorical Exclusion Training Class 19

No ROW + Deep Excavation

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No ROW ESA Screening



Identifies and locates major areas of known environmental concern Conducted in Planning Phase

Regulatory databases and ground truth data used to confirm sites are within project study area

Major areas of concern noted NPL sites Former OEPA Master Sites List RCRA Large Quantity Generators RCRA Transportation, Storage, Disposal sites Landfills Large Industrial Facilities (i.e. Gasification Plants)


ESA Project Initiation Project

Path 1 Path 2 Path 3 Path 4 Path 5ESA Project Initiation Package

Preliminary Engineering, Task 1.2.C.C, if necessary

Preliminary Engineering, Task 1.2.C.C




ESA Screening

Identification of all properties/parcels within project study area that warrant a Phase I ESA Conducted in Preliminary Engineering Phase

Aerial map cursory review Historical and current

Regulatory database review

Visual inspection

Conclusions and recommendations

Looking for possibility of site contamination even if regulatory agency is not taking additional action


ESA Screening

Path 1 Path 2 Path 3 Path 4 Path 5ESA

ScreeningPreliminary Engineerin

g, Task1.2.C.C

, if

necessary

Preliminary

Engineering,

Task1.2.C.C

Preliminary Engineerin

g, Task1.2.C.

C

Preliminary

Engineering,

Task1.2.C.C

Preliminary Engineerin

g, Task1.2.C.

C


Projects with deep excavation and no ROW For BUSTR regulated sites only

Project may not have site regulated by Ohio EPA and/or USEPA

Identification of all properties Aerial photo cursory review Regulatory database review BUSTR file review Visual inspection


Results

No further Environmental Site Assessment

Plan note for PCS needed

If BUSTR file shows contamination in project area

If site with no BUSTR file is present in project


No ROW ESA Screening Path 1 Path 2 Path 3 Path 4 Path 5No ROW ESA Screening

Step 1 - For Engineering, Task 2.2.D - For projects with no ROW, but deep excavation, petroleum contamination only

Preliminary Engineering, Task 2.2.D - For projects with no ROW, but deep excavation, petroleum contamination only

N/A N/A N/A

Phase I ESA

In-depth paper and site review to determine the potential for contaminated areas and the site’s regulatory issues

Considers past and current land use

Regulatory file review (not database)

Identifies past and current areas of potential contamination

Provides recommendation for Phase II ESA

Typical project, recommendations include number of borings, boring locations and analytical

For corridor projects, recommends sites warranting Phase II ESA based on feasible alternative


Phase I ESA

Path 1 Path 2 Path 3 Path 4 Path 5Phase I ESA

N/A Environmental Engineering, Task 3.1.D – conducted on preferred alternative

Environmental Engineering, Task 3.1.D – conducted on preferred alternative

Environmental Engineering, Task 3.1.D – conducted on Feasible Alternative(s)

Environmental Engineering, Task 3.1.D – conducted– on Feasible Alternative(s)

Phase II ESA Work Plan

Completed after the selection of the Preferred Alternative

Site specific Phase II ESA recommendations based on proposed land acquisition and/or earth disturbing construction activities on the Preferred Alternative


Phase II ESA Work Plan

Path 1 Path 2 Path 3 Path 4 Path 5Phase II ESA Work Plan

N/A N/A N/A Environmental Engineering, Task 3.1.Q – Conducted on Preferred Alternative

Environmental Engineering, Task 3.1.Q – Conducted on Preferred Alternative

Phase II ESA

Determine the presence or absence of contamination on suspect parcels

Geophysical survey

Soil sampling

Groundwater sampling


Phase II ESA

Path 1 Path 2 Path 3 Path 4 Path 5Phase II ESA

N/A Environmental Engineering, Task 3.1.Q – Conducted on Preferred Alternative




Typical Plan Notes

Petroleum Contaminated Soils

Underground Storage Tank (UST) removal

Solid waste

Scrap tires

Drums

Dewatering activities


Coordination

Conducted by ODOT

Typical project will not have regulatory coordination

Coordination may continue after the environmental document is approved


Plan Notes and Project Construction

Identifies waste management issues in construction plans with plan notes

ESA investigations provided for reference during project bidding Allows contractor to reduce costs by considering

direct load during constructionDirectly loading contaminated material into

truck for immediate disposal Allows contractor to modify their health and

safety plan based on type of plan notes as necessary

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CEDOCUMENT


NO ROW – Example #1

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Remarks

Brief summary of No ROW Screening ESA investigation Include IOC dates and reference

project file name in CE file

List sites that require a Petroleum Contaminated Soils plan note if necessary

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Example 2

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A No ROW Environmental Site Assessment (ESA) Screening was completed by ODOT, District 6 Environmental Staff for the proposed project. Based on the information provided in the No ROW ESA Screening, a plan note for Petroleum Contaminated Soil (PCS) should be developed and placed into the project plans for Site 2, Shell Gas Station, 7598 Market Street (see No ROW ESA Screening IOC).


Commitment

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A plan note for petroleum contaminated soil (PCS) will be developed and placed into the project plans for Site 2, Shell Gas Station, 7598 Market Street.


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Path 2-5 Projects


Remarks

Brief summary of each ESA investigation Include IOC dates and reference project file name

in the CE file

Emphasis is on the last ESA investigation

Single outcome for each ESA investigation which is documented in an IOC from ODOT-OES OES, ODOT Districts, and consultants are

considered to be the same entity


Remarks

Discuss coordination with regulatory agencies and the resulting outcome/commitments Unless coordination occurs with a regulatory

agency, do not use the following words: Coordination Consultation Concurrence

When a plan note is warranted, state the type of plan note and the location it applies to

DO NOT INCLUDE PLAN NOTES


Remarks

Do not include items addressed outside of NEPA Asbestos on bridges or in buildings Heavy metals in bridge or building paint


Example 1

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An Environmental Site Assessment (ESA) Screening was prepared by ODOT District 4 Environmental Staff on July 14, 2010. Based on the information collected, Site 5, Addison Reserve, LLC Property, 5295 Canfield-Niles Road, warranted a Phase I ESA (see ESA Screening IOC).

In November 2010, a Phase I ESA was completed by ms consultants, Inc. for the site listed above. Based on the past land use as a gas station, the proposed acquisition of new permanent right-of-way, no BUSTR files and proposed deep excavation from this property, a Phase II ESA was conducted (see Phase I ESA IOC).


Example 1

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The Phase II ESA consisted of the collection and analysis of soil samples. The analysis indicated the presence of Petroleum Contaminated Soils (PCS) and two Underground Storage Tanks (USTs) on Site 5, Addison Reserve LLC Property, 5295 Canfield-Niles Road. A plan note for PCS and the removal of two USTs will be developed and placed in the plans (Phase II ESA IOC).


Commitments

Include negotiated actions with a regulatory agency

State the type and location of plan notes needed

Do not include items addressed outside of NEPA Asbestos Heavy Metals


Example 1

49

A plan note for petroleum contaminated soils and the removal of 2 USTs will be developed and placed in the plans for Site 5, Addison Reserve LLC Property, 5295 Canfield-Niles Road).


Items in the CE IOCs from OES

Letters/correspondence from regulatory agencies

ESA Screening if not reviewed by OES Only for ESA Screenings prepared by Districts All consultant prepared reports must be reviewed

by OES prior to submittal of CE


Points to Remember

OES does not provide concurrence to consultant recommendations

OES is not a coordinating agency

Consultant prepared reports are considered an ODOT document

The IOC written by OES is part of the collaborative effort between ODOT and the consultant


Contact

Julie DennissESA Specialist [email protected]


Environmental Site Assessments Hazardous Materials/ Regulated Substances Categorical Exclusion...

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