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Environmental Site Assessments Hazardous Materials/ Regulated Substances Categorical Exclusion Training Class
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Silent Spring by Rachel Carson Published in 1962 Brought awareness to misuse of chemicals The environmental movement began… 2 Categorical Exclusion Training Class
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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 3 Categorical Exclusion Training Class
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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
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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 5 Categorical Exclusion Training Class
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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) 6 Categorical Exclusion Training Class
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ODOT PROCEDURES Categorical Exclusion Training Class
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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 8 Categorical Exclusion Training Class
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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 9 Categorical Exclusion Training Class
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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 10
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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 11
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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 12
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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 13
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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 14
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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 15 Categorical Exclusion Training Class
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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 16
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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 17
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Typical Project 18 Project Initiation Package ESA Screening Phase I ESA Phase II ESA Categorical Exclusion Training Class
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Corridor Project Project Initiation Package ESA Screening Phase I ESA Phase II ESA Work Plan Phase II ESA Categorical Exclusion Training Class 19
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No ROW + Deep Excavation 20 Project Initiation Package No ROW ESA Screening Categorical Exclusion Training Class
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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
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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
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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
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ESA Screening Path 1Path 2Path 3Path 4Path 5 ESA Screening Preliminary Engineering, Task1.2.C.C, if necessary Preliminary Engineering, Task1.2.C.C
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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
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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 26 Categorical Exclusion Training Class
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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
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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
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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)
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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
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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
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Phase II ESA Determine the presence or absence of contamination on suspect parcels Geophysical survey Soil sampling Groundwater sampling 32 Categorical Exclusion Training Class
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Phase II ESA Path 1Path 2Path 3Path 4Path 5 Phase II ESA N/AEnvironment al Engineering, Task 3.1.Q – Conducted on Preferred Alternative
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Typical Plan Notes Petroleum Contaminated Soils Underground Storage Tank (UST) removal Solid waste Scrap tires Drums Dewatering activities 34 Categorical Exclusion Training Class
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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
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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 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
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CE DOCUMENT Categorical Exclusion Training Class
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NO ROW – Example #1 38 No ROW ESA Screening Categorical Exclusion Training Class
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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 39
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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
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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
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42 Path 2-5 Projects Categorical Exclusion Training Class
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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 43 Categorical Exclusion Training Class
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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 44 Categorical Exclusion Training Class
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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 45 Categorical Exclusion Training Class
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Example 1 46 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). Categorical Exclusion Training Class
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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
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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 48 Categorical Exclusion Training Class
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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
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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 50 Categorical Exclusion Training Class
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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 51 Categorical Exclusion Training Class
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Contact Julie Denniss ESA Specialist 3 614-466-7942 Juliet.Denniss@dot.ohio.gov 52 Categorical Exclusion Training Class
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