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… 2 Categorical 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 3 Categorical 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 4 Categorical Exclusion Training Class

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 5 Categorical Exclusion Training Class

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) 6 Categorical Exclusion Training Class

ODOT PROCEDURES Categorical Exclusion Training Class

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 8 Categorical Exclusion Training Class

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 9 Categorical Exclusion Training Class

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 10

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 11

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 12

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 13

Acquisition of Contaminated Properties  Real Estate Manual 5320 and  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 14

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 15 Categorical Exclusion Training Class

Lead Paint on Bridges and Buildings  Bridges  Demolition - determine by contractor  Painting  Addressed in CMS  Buildings – determined by contractor 16

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 17

Typical Project 18 Project Initiation Package ESA Screening Phase I ESA Phase II ESA Categorical Exclusion Training Class

Corridor Project Project Initiation Package ESA Screening Phase I ESA Phase II ESA Work Plan Phase II ESA Categorical Exclusion Training Class 19

No ROW + Deep Excavation 20 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 ) 21 Categorical Exclusion Training Class

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

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 23 Categorical Exclusion Training Class

ESA Screening Path 1Path 2Path 3Path 4Path 5 ESA Screening Preliminary Engineering, Task1.2.C.C, if necessary Preliminary Engineering, 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 25 Categorical Exclusion Training Class

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 26 Categorical Exclusion Training Class

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

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 28 Categorical Exclusion Training Class

Phase I ESA Path 1Path 2Path 3Path 4Path 5 Phase I ESA N/AEnvironment al Engineering, Task 3.1.D – conducted on preferred alternative Environment al Engineering, Task 3.1.D – conducted on Feasible Alternative(s) Environment al 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 30 Categorical Exclusion Training Class

Phase II ESA Work Plan Path 1Path 2Path 3Path 4Path 5 Phase II ESA Work Plan N/A 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 32 Categorical Exclusion Training Class

Phase II ESA Path 1Path 2Path 3Path 4Path 5 Phase II ESA N/AEnvironment al 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 34 Categorical Exclusion Training Class

Coordination  Conducted by ODOT  Typical project will not have regulatory coordination  Coordination may continue after the environmental document is approved 35 Categorical Exclusion Training Class

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 construction  Directly 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 36

CE DOCUMENT Categorical Exclusion Training Class

NO ROW – Example #1 38 No ROW ESA Screening Categorical Exclusion Training Class

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 39

Example 2 40 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). Categorical Exclusion Training Class

Commitment 41 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. Categorical Exclusion Training Class

42 Path 2-5 Projects Categorical Exclusion Training Class

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 43 Categorical Exclusion Training Class

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 44 Categorical Exclusion Training Class

Remarks  Do not include items addressed outside of NEPA  Asbestos on bridges or in buildings  Heavy metals in bridge or building paint 45 Categorical Exclusion Training Class

Example 1 46 An Environmental Site Assessment (ESA) Screening was prepared by ODOT District 4 Environmental Staff on July 14, 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). Categorical Exclusion Training Class

Example 1 47 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). Categorical Exclusion Training Class

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 48 Categorical Exclusion Training Class

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). Categorical Exclusion Training Class

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 50 Categorical Exclusion Training Class

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 51 Categorical Exclusion Training Class

Contact  Julie Denniss ESA Specialist Categorical Exclusion Training Class