ODOT's Environmental Site Assessment Process

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 Screening Phase I ESA Phase II ESA ESA Process Overview – Paths 2 & 3

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

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 • 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

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 • 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