ESP 179- Winter 2013

Hazards and AestheticsFebruary 7, 2012

Instructor: Trevor Macenski

Lecture Outline Hazards

Federal Regulatory Framework State Regulatory Framework Local Regulatory Framework (Generally) Review of Methodology Review CEQA Checklist Questions

Aesthetics Federal Regulatory Framework State Regulatory Framework Local Regulatory Framework (Generally) Review of Methodology Review CEQA Checklist Questions

Hazards

Federal Definitions Federal laws regulate the use and management

of hazardous or potentially hazardous substances. EPA classifies a material as hazardous if it has one or more of the following properties: Ignitability - oxidizers, compressed gasses, and

extremely flammable liquids and solids;

Corrosivity - strong acids and bases;

Reactivity - explosives or compounds that generate toxic fumes when exposed to air or water;

Toxicity - materials listed by EPA as capable of inducing systematic damage in humans or animals.

Federal Laws and RegulationsHazardous Materials Management

Emergency Planning and Community Right-to-Know Act of 1986 (also known as Title III of the Superfund Amendments and Reauthorization Act)Imposes requirements to ensure that hazardous

materials are properly handled, used, stored, and disposed of and to prevent or mitigate injury to human health or the environment in the event that such materials are accidentally released.

Federal Laws and RegulationsHazardous Waste Storage, Handling, and

Disposal Resource Conservation and Recovery Act

(RCRA)Under RCRA, the EPA regulates the generation,

transportation, treatment, storage, and disposal of hazardous waste from “cradle to grave.”

Hazardous and Solid Waste Amendments Act Amended RCRA in 1984, affirming and extending the

“cradle-to-grave” system of regulating hazardous wastes.

specifically prohibit the use of certain techniques for the disposal of some hazardous wastes.

Federal Laws and RegulationsHazardous Materials Transportation

U.S. Department of Transportation (DOT)The DOT has regulatory responsibility for the safe

transportation of hazardous materials. DOT regulations govern all means of transportation except mail packages.

U.S. Postal ServiceThe Postal Service regulations govern the

transportation of hazardous materials shipped by mail.

Federal Laws and Regulations Occupational Safety

Occupational Safety and Health Administration (OSHA) OSHA sets standards for safe workplaces and work

practices, including the reporting of accidents and occupational injuries (29 Code of Federal Regulations).

Radioactive Materials Atomic Energy Act

Administered by DOE the act regulates the control and disposal of radioactive material.

Clean Air ActThe EPA regulates airborne air emissions.

Federal Laws and RegulationsBiosafety Standards

The U.S. Public Health Service, National Institutes of Health, and Centers for Disease Control and Prevention Operated under the U.S. Department of Health and

Human Services, these agencies establish standards for working with biohazardous materials.

Federal Laws and Regulations Building Components, Materials, and Equipment

(USTs, ASTs, PCBs, and asbestos) Toxic Substances Control Act (TSCA) TSCA

Regulates the use and management of PCBs in electrical equipment, and sets forth detailed safeguards to be followed during the disposal of such items (40 Code of Federal Regulations).

Resource Conservation and Recovery Act RCRA establishes requirements for the design, installation,

and operation of USTs. The EPA banned the use of asbestos in the 1970s.

Clean Water Act The Clean Water Act Requires petroleum aboveground and underground storage

tank owners to develop a Spill Prevention, Control, and Countermeasures Plan

Federal Laws and RegulationsBuilding Components, Materials, and

Equipment Continued OSHA

OSHA establishes requirements to protect workers during activities that could involve exposure to lead or asbestos.

Clean Air ActThe EPA establishes requirements to protect the

environment during asbestos removal activities.

State Laws and Regulations California Environmental Protection Agency

(CalEPA) Subdivision of EPA

California Department of Toxic Substances Control (DTSC) Regulates hazardous waste Cleans existing contamination Identifies ways to reduce hazardous waste produced in

California DTSC’s authority from

Resource Conservation Recovery Act California Health and Safety Code

Local RegulationsGeneral Plan Polices Might Discuss:

Safety Storage Compatibility Property Maintenance Business Plans Ground Water Soil Contamination EMF Biomedical Etc.

Common Exposure MethodologyDatabase Searches

EDR Summary Table Elk Grove EIR

Environmental Site Assessments Phase I- ASTM E 1527-05 parameters were set

forth as to who is qualified to perform Phase I ESAs.

Phase II- ASTM test E1903, a more detailed investigation involving chemical analysis for hazardous substances and/or petroleum hydrocarbons.

Unique Project AnalysisHealth Risk Assessment- AQExplosion Risk- Tanks, Pipelines,

Pressurized SystemsWildfire RiskRation Exposure RiskMedical Waste Many More

Waste Management Pyramid

Explosion Risks/Impacts

Wildfire Risk/Impacts

Airport and Wildfire HazardsAirport Land Use Compatibility Plans

Restrict applicable land uses and developmentNormally within close proximity to airport operations

Wildfire Mapping Develops maps for High Fire Hazard Severity

Zones in Local Responsibility Areas. Statewide Mapping

Hazard Checklist Questions

Hazard Checklist Questions

Aesthetics

Federal Regulations The National Environmental Policy Act

The Council on Environmental Quality (CEQ) regulations identify aesthetics as one of the factors in the human environment which must be considered in determining the effects of a Federal action. Title 23 U.S.C. 109(h) and Technical Advisory T 6640.8A cites the aesthetic effect of the proposed project as a matter which must be fully considered in the preparation of environmental documents. Section 106 of the National Historic Preservation Act (NHPA) as amended in 1966 [36 CFR §

800.5(a)(2)] regulates activities that could impact historic properties by “diminishing the

visual integrity of the property’s significant historic features.”

State Regulations CEQA

Appendix G provides four criteria that may be used to evaluate the significance of visual quality impacts:

negative effects on a scenic vista damage to scenic resources within a state scenic

highway degradation of the visual character or quality of a site

and its surroundings creation of a new source of substantial light or glare

affecting views. California Scenic Highway Program

The California Department of Transportation (Caltrans) administers the California Scenic Highway Program

The goal of the program is to preserve and protect scenic highway corridors from change that

Local Regulations General Plan Policies

View sheds Vistas Tree Preservation Signage Overhead Utilities

Community Design Guidelines Scale Setback Design Style

Visual Context Aesthetic impact assessment generally deals with

the issue of contrast, or the degree to which elements of the environment differ visually.

Aesthetic features occur in a diverse array of environments, ranging in character from urban centers to rural regions and wildlands.

Adverse visual effects can include a loss of natural features or areas, removal of urban features with aesthetic value, or introduction of contrasting urban features into natural areas or urban settings.

Regulatory Agency Approaches USFS and BLM

Visual Management Objectives (USFS) Visual Management Classes (BLM) Designed to:

1) Inventory visual resources2) Determine project meeting objectives

No thresholds offered FHWA

Intended to guide design to mitigate impacts No thresholds offered Does define visual impact:

“…the degree of change in visual resources and viewer response to those resources caused by a development project (USDOTFHWA, 1981, Appendix E: Glossary).

Common Assessment Methodology 1) Collect Project Information and Regulatory

Background Identify the physical and topographic changes resulting

from the project. General Plan Policies Identify Sensitive Viewpoints Visual Resources

2) Map the project viewshed Identify where the project can bee seen from Computer assisted or field reconnaissance Visit the project site document “inter-visability” Map indicating key observation points

Common Assessment Methodology3) Identify Sensitive Receptors

Use GP Define Sensitive Receptor Identify any “scenic vistas” Identify any “scenic highways” Identify local residential or frequented public

spacesPanoramic photos from each location to document

the “baseline” conditions

Common Assessment Methodology 4) Assess Existing Visual Quality

No established State methodology, some jurisdictions have local methodologies (i.e. Santa Rosa)

BLM Scenic Quality Rating Criteria BLM Visual Resources Management Manual

Seven Category Rating SystemNumerically Quantified

5) Photo Simulations Not required often used Before and After simulations 3D modeling Block Scale Representations

Common Assessment Methodology 6) Assess the impact

Based on before and after simulations Elevations Changes in viewshed Obstruction Project specific evaluation

7) Mitigation Measures Screening Vegetation Color Texture Design

Special TopicsNighttime SimulationsShadow SimulationsPhotometric CalculationsGlare AnalysisETC.

Samples

Checklist Questions

Questions?