Environmental Site Assessments Hazardous Materials/ Regulated Substances Categorical Exclusion Training Class

Why Do We Do This?  Result of environmental disasters  Focused on waste management and disposal  Who owns the site and for what purpose  Assigned responsibility for clean up  Strict and Severe Liability  Creation of protections for government and Innocent Landowner Defense 2 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  Superfund Amendments and Reauthorization Act (SARA)  Innocent Landowner Defense  Resource Conservation and Recovery Act of 1976 (RCRA)  Management/disposal of solid and hazardous waste  Hazardous and Solid Waste Amendments of 1984  Amended RCRA to establish land bans and regulate Underground Storage Tanks (USTs) 3 Categorical Exclusion Training Class

ODOT PROCESS Categorical Exclusion Training Class

Typical Project Process 5 Project Initiation Package Screening Phase I Phase II Categorical Exclusion Training Class Phase II Work Plan

No ROW + Deep Excavation 6 Project Initiation Package No ROW Screening Categorical Exclusion Training Class Note: No ROW’s only performed when the only potentially hazardous waste to address would be Petroleum Contaminated Soils (PCS)

Corridor Projects 7 Project Initiation Package Screening Phase I Phase II Work Plan Categorical Exclusion Training Class

ESA Process  Determines whether a property is contaminated with hazardous materials and/or regulated substances  Identifies proper waste management needed during construction  Establishes Innocent Landowner Defense for new right-of-way  ODOT evaluates liability associated with a project  Investigations dependent on project type and anticipated impacts based secondary source review, right-of-way (ROW) and/or deep excavation 8 Categorical Exclusion Training Class

Project Initiation Package  Identifies major areas of known environmental concern  Regulatory databases and ground truth data used to confirm sites are within and/or immediately adjacent to the proposed project area  Major areas of concern noted  Facilities listed on BUSTR/OTTER database  NPL Sites  Former OEPA Master Sites List  RCRA Large Quantity Generators  RCRA Transportation, Storage, Disposal Sites  Large Industrial Facilities 9 Categorical Exclusion Training Class

Type of Investigations  No ROW (temporary and easements)  No deep excavation = No ESA  Deep excavation = ESA Deep excavation > 6 feet  Screening  Phase I  File reviews on sites recommended from Screening to identify contamination  Phase II  Provides more detailed analysis 10 Categorical Exclusion Training Class

Investigation Results  OES provides recommendations on sites that do or do not require additional in-depth investigations  Sites potentially contaminated by past/current use  Based on waste generated and liability  No record of violations does not indicate site is clean  Sites may require Plan Notes specific to PCS or other hazardous waste issues 11 Categorical Exclusion Training Class

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 12 Categorical Exclusion Training Class

Commitments  Any negotiated actions with a regulatory agency  Identifies type of plan notes needed  Establishes waste management issues in construction plans  Items addressed outside of NEPA are not included  Asbestos, heavy metals 13 Categorical Exclusion Training Class

Project File  OES correspondence (IOCs, s)  Regulatory agency correspondence/coordination  Reports (Screening, Phase I, Phase II)  Consultant prepared reports are reviewed by Districts and OES prior to submittal of CE 14 Categorical Exclusion Training Class

CE DOCUMENT Categorical Exclusion Training Class

16 No ROW ESA Screening Categorical Exclusion Training Class

Remarks  Brief summary of No ROW Screening  Discuss coordination results  List sites that require a Petroleum Contaminated Soils (PCS) plan note if necessary 17 Categorical Exclusion Training Class

No ROW Remarks Example A No ROW 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 18

Commitment Example 19 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

20 Path 2-5 Projects Categorical Exclusion Training Class

Remarks  Brief summary of each ESA investigation  Include date reports were submitted to ODOT  Include coordination dates  Reference where documentation can be found ODOT-OES correspondence can be found in the Project File under ESA/Coordination/OES Recommendations - Screening  Emphasis is on the last ESA investigation  Single outcome for each ESA investigation which is documented in an IOC from ODOT-OES  OES, Districts, and consultants are the same entity 21 Categorical Exclusion Training Class

Remarks  Discuss any 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 22 Categorical Exclusion Training Class

Example 1 23 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 (IOC can be found in the project file under ESA/Coordination/OES Recommendations – Screening.pdf). 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 (IOC can be found in the project file under ESA/Coordination/OES Recommendations - Phase I.pdf). Categorical Exclusion Training Class Example

Example 1 24 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 (IOC can be found in the project file under ESA/Coordination/OES Recommendations - Phase II.pdf). Categorical Exclusion Training Class Example

Commitment Example 25 A plan note for Petroleum Contaminated Soils (PCS) and the removal of two Underground Storage Tanks (UST) will be developed and placed in the plans for Site 5 (Addison Reserve LLC Property, 5295 Canfield-Niles Road) 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 to be an ODOT document  Coordination with OES is part of the collaborative effort between ODOT and the consultant 26 Categorical Exclusion Training Class

Contact  Matt Perlik Assistant Environmental Adminstrator  Julie Denniss ESA Specialist Categorical Exclusion Training Class