ODOT'S ENVIRONMENTAL SITE ASSESSMENT

PROCESS

Managing the Environmental & Project Development Process

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• 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

Applicable Laws

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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

Definition of ESAs

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• 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

ODOT’s ESA Process

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Project Initiation Package

ESA Screening

Phase I ESA

Phase II ESA

ESA Process Overview – Paths 2 & 3

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Project Initiation Package

ESA Screening

Phase I ESA

Phase II ESA Work Plan

Phase II ESA

ESA Process Overview – Path 4 & 5 Projects

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• 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

Project Initiation Package for ESA consists of:

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• Aerial photo cursory review, current and historical

• Regulatory database review

• Visual inspection

• Identification of all properties in the corridors/project

• Conclusions/recommendations

ESA Screening consists of:

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• 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

No ROW ESA Screening

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• Aerial photo cursory review, current and historical

• Regulatory database review

• BUSTR file review

• Visual inspection

• Identification of all properties in the project

• Conclusions/recommendations

No ROW ESA Screening Consists of:

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• 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)

Phase I ESA consists of:

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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

Phase II ESA Work Plan

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• 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.)

Phase II ESA Work Plan includes:

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• 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)

Phase II ESA includes:

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• Petroleum contaminated soils

• Underground storage tank removals

• Solid waste

• Scrap tire

• Drums

• Dewatering activities

• Asbestos containing materials

Environmental Plan Notes

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• 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

Coordinating Agencies

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• 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

Text

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• 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

Text, cont.

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• 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

Text, cont.

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• 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!

Commitments

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• IOCs from OES

• Letters/documentation from regulatory agencies

Attachments

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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)

ASTM VS. ODOT

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• ASTM Transaction 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

ASTM Transaction Screening VS. ODOT ESA Screening

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• 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

ASTM Phase I ESA

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• 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

ODOT Phase I ESA:

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• ASTM 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

ASTM Phase II ESA vs. ODOT Phase II ESA