1. ODOT's Environmental Site Assessment Process
Managing the Environmental & Project Development Process

2. Applicable Laws
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980: Federal law authorizing identification and remediation of unsupervised/abandoned hazardous waste sites
Superfund Amendments and Reauthorization Act (SARA) of 1986: Federal law reauthorizing and expanding CERCLA and provides defenses to the liability provisions for contaminated site (Innocent Landowner Defense)
Resource Conservation and Recovery Act (RCRA) of 1976: Federal law regulating the management and disposal of solid and hazardous waste
Hazardous and Solid Waste Amendments (HSWA) of 1984: Amendments to RCRA establishing land bans and regulating underground storage tanks

3. Definition of ESAs
A process used to reasonably determine whether a property has been contaminated with regulated substances and/or hazardous waste. ODOT’s process evaluates the liability associated with acquiring property for a project, determines if proper waste management is needed during construction and resolves any regulatory issues that may impact the project

4. ODOT’s ESA Process
Establishes Innocent Landowner Defense for new ROW (Due Diligence)
Ensures proper waste management during construction (Due Care)
Based on project Type (Path 2 – Path 5)
ESA rarely conducted for Path 1 projects

5. Project Initiation Package
ESA Process Overview – Paths 2 & 3
Project Initiation Package
ESA Screening
Phase I ESA
Phase II ESA

6. Project Initiation Package
ESA Process Overview – Path 4 & 5 Projects
Project Initiation Package
ESA Screening
Phase I ESA
Phase II ESA Work Plan
Phase II ESA

7. Project Initiation Package for ESA consists of:
Data gathered from regulatory databases
Ground truth data to confirm sites noted in databases are within the study area
Only major areas of concern are noted
- NPL sites
- Former OEPA Master Sites List
- RCRA Large Quantity Generators
- RCRA Transportation, Storage, Disposal (TSD) Sites
- Landfills
- Large Industrial facilities
- Former Town Gasification plants
Place sites on base mapping
Discuss major areas of concern for potential avoidance, if necessary

8. ESA Screening consists of:
Aerial photo cursory review, current and historical
Regulatory database review
Visual inspection
Identification of all properties in the corridors/project
Conclusions/recommendations

9. No ROW ESA Screening
Only for projects with deep excavation but no ROW acquisition
Petroleum contaminated soils is typically the only issue
Determines if a petroleum contaminated soils (PCS) plan note is needed
No other ESA studies are conducted

10. No ROW ESA Screening Consists of:
Aerial photo cursory review, current and historical
Regulatory database review
BUSTR file review
Visual inspection
Identification of all properties in the project
Conclusions/recommendations

11. Phase I ESA consists of:
Site specific review of current and past land uses
- Historical and current aerial photographs
- County/City directory review
- Sanborn Fire Insurance maps
Regulatory file review
Interviews
Parcel Reconnaissance
Proposed land acquisition and construction involving earth disturbing activities (Path 2 & 3 Projects)
Conclusions
Site specific Phase II ESA recommendations (Path 2 & 3 Projects)
Site for recommended for Phase II ESA by alternative (Path 4 & 5 Projects)

12. Phase II ESA Work Plan
Purpose: To provide site specific Phase II ESA recommendations based on proposed land acquisition and/or earth disturbing construction activities on the Preferred Alternative
Conducted during Environmental Engineering Phase
Path 4 & 5 Projects

13. Phase II ESA Work Plan includes:
Field activities
Sampling methodology (including any non-invasive studies, such as geophysical surveys
Sample selection protocol
Analytical methods
Quality assurance/quality control
Parcel diagrams
Sampling locations
Proposed land acquisition
Potential sources of contamination (e.g. pump islands, underground storage tanks, drums, storage areas, etc.)

14. Phase II ESA includes: Field activities Sampling procedures
Data evaluation and regulatory interpretation
Discussion of potential risks associated with property acquisition and/or earth disturbing construction activities
Conclusions and recommendations (ie: no further ESA, plan notes required, additional Phase II ESA warranted, coordination with regulating agencies)

15. Environmental Plan Notes
Petroleum contaminated soils
Underground storage tank removals
Solid waste
Scrap tire
Drums
Dewatering activities
Asbestos containing materials

16. Coordinating Agencies
US Environmental Protection Agency (USEPA)
- Superfund
- Any site with USEPA enforcement
Ohio Environmental Protection Agency (OEPA)
- Landfills
- RCRA sites
- Non-petroleum underground storage tanks
- Voluntary Action Program Sites
Bureau of Underground Storage Tank Regulations (BUSTR)
- Petroleum underground storage tanks

17. Text Short summary of each ESA investigation conducted for project.
Emphasis is on the last ESA investigation
There is a single outcome for each ESA investigation based on the OES IOC
If there has been coordination with a regulatory agency, discuss the outcomes and commitments

18. Text, cont.
OES does NOT provide concurrence to a consultant’s recommendations!
OES is not a coordinating agency
A consultant’s report is considered to be an ODOT document
The OES IOC is part of the internal collaboration between ODOT and the consultant for the project

19. Text, cont.
When a plan note is warranted, state the site and type of plan note
Do NOT put plan notes in the environmental document!
Plan notes are dependent on the proposed work at a site which is determined after the environmental document is completed

20. Commitments
State commitments and/or any negotiated actions with a regulatory agency
State the site and type of plan notes needed, if necessary
Do NOT put plan notes in the commitments!

21. Attachments IOCs from OES
Letters/documentation from regulatory agencies

22. ASTM VS. ODOT General Differences ASTM
Conducted on commercial and industrial real estate transactions
Considers acquisition of all of the property
Does not consider construction activities
Addresses only Due Diligence issues (establishes innocent Landowner defense under CERCLA)
ODOT
Considers potential "Eminent Domain" acquisition
Typically considers partial acquisition of property
Conducted on all properties in project
Considers potential construction activities
Considers both Due Diligence and Due Care (proper waste management under RCRA)

23. ASTM Transaction Screening VS. ODOT ESA Screening
Consists of a questionnaire prepared by the property owner
Used as an alternative to conducting a Phase I ESA
ODOT ESA Screening:
Conducted on all sites in project regardless of current land use
Requires regulatory data base search and secondary historical review

24. ASTM Phase I ESA Requires inspection of building interiors
Requires information concerning adjacent properties
May not review records based on time and/or cost constraints (not reasonably ascertainable)
Requires a only a regulatory database review
No site specific Phase II ESA recommendations
Expires after 6 months

25. ODOT Phase I ESA:
Has required historical information sources that must be reviewed
Aerial photographs must be on an interpretable scale (1"=1000' or less)
Regulatory file review required (no database search)
Inspection of building interiors required only if all of the building is to be acquired
Diagram of the property required
Must review required records regardless of time and cost
Site specific Phase II ESA recommendations (Minor Projects)
No expiration date

26. ASTM Phase II ESA vs. ODOT Phase II ESA
Work reliant on the consultant's accepted proposal
ASTM standards does not discuss non-invasive studies
ODOT Phase II ESA
Site specific Phase II ESA recommendations will not change with the consultant
Discusses of the proposed acquisition or property and/or material management during construction