environmental site assessments hazardous materials/ regulated substances categorical exclusion...
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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…
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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
3Categorical Exclusion Training Class
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
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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
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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)
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ODOTPROCEDURES
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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
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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
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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
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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
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Corridor Project
Project Initiation Package
ESA Screening Phase I ESAPhase II ESA Work Plan
Phase II ESA
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No ROW + Deep Excavation
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Project Initiation Package
No ROW ESA Screening
Categorical Exclusion Training Class
Project Initiation Package
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)
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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
Preliminary Engineering, Task 1.2.C.C
Preliminary Engineering, Task 1.2.C.C
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
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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
No ROW ESA Screening
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
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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
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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
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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
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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
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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
Environmental Engineering, Task 3.1.Q – Conducted on Preferred Alternative
Environmental Engineering, Task 3.1.Q – Conducted on Preferred Alternative
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
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Coordination
Conducted by ODOT
Typical project will not have regulatory coordination
Coordination may continue after the environmental document is approved
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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
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NO ROW – Example #1
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No ROW ESA Screening
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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).
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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
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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
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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
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Remarks
Do not include items addressed outside of NEPA Asbestos on bridges or in buildings Heavy metals in bridge or building paint
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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).
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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).
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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
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Example 1
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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).
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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
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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
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