Contractors and Consultants have guidance documents that direct the work they do for WSDOT. Some Hazardous Materials related guidance includes:
Hazardous Materials Discipline Reports
New guidance for Hazardous Materials Discipline Reports now establishes a standard methodology for how HazMat Discipline Reports should be written for WSDOT projects statewide.
Environmental Procedures Manual: HazMat Sections
Hazardous materials guidance is provided in Chapter 447 and Chapter 620.08 of the Environmental Procedures Manual.
Chapter 447 provides guidance for topics such as
- terminology and definitions,
- applicable regulations and interagency agreements,
- environmental documentation,
- technical reports such as Phase I, II and III Environmental Site Assessments and Hazardous Materials Discipline Reports, and
- disposal procedures for investigative sampling waste from Phase II and Geotechnical work.
Chapter 620.08 provides technical guidance for handling hazardous materials during construction such as
- management, disposal and documentation of encountered contamination and underground storage tanks,
- WSDOT notification procedures,
- regulatory reporting requirements,
- spills, and
- asbestos, lead based paint and creosote treated wood requirements.
Phase I - Environmental Site Assessment (Phase I ESA)
The purpose of a Phase I ESA is to evaluate the potential for contamination to be present on or adjacent to a specific property. WSDOT's policy is to follow the American Society of Testing Materials (ASTM) 1527 Standard Practice to the extent practical. Depending on project needs, some portions of the Phase I may be omitted, so long as the reasons for deviation are clearly documented. A Phase I ESA should be completed by an Environmental Professional as defined by ASTM 1527-05. WSDOT’s minimum requirements of a limited Phase I includes:
Historical & Land Use Evaluation
- Maps such as Kroll Maps, Sanborn Fire Insurance Maps, USGS topographic maps
- Aerial and still Photographs
Environmental Records Review (per Section 7 of ASTM 1527)
- Regulatory database records search
- Review of regulatory files
- Field verification of sites identified through maps & aerials
- Review adjacent properties
The conclusion of the Phase I ESA report should include recommendations regarding whether or not additional investigation is necessary prior to acquisition or construction.
WSDOT typically expects a limited Phase I ESA be completed in 4-8 weeks and range from $3,000- $8,000. The cost of a Phase I ESA is dependent on multiple factors:
- The completion of a Phase I ESA to the 00 or 05 standards,
- The complexity of the site history,
- The turnaround time required for the project.
For properties that may be substantially contaminated and possibly acquired by WSDOT, a full level Phase I ESA should be completed in compliance with ASTM standard 1527–05. A Phase I ESA must be completed prior to acquisition in order to qualify for one of CERCLA’s defenses to limit cleanup liability and potentially recover future cleanup costs. The decision to conduct this level of investigation should be made in consultation with the WSDOT Hazardous Materials Program.
Federal requirements for due diligence clarifies what constitutes “All Appropriate Inquiry” and is effective on November 1, 2006. Visit EPA’s website for additional information regarding the new “All Appropriate Inquiry” rule.
Phase II ESA
A Phase II ESA collects soil and/or groundwater samples to characterize the nature and extent of potential contamination prior to acquisition and construction activities. Typically a Phase II ESA is conducted when a Phase I ESA or Discipline Report determines there is a potential hazardous materials risk associated with the site (contamination may be present and extent is unknown).
The objective of the Phase II ESA is to identify the extent of contamination to:
- Make informed decisions regarding selection of project alternatives and/or mitigation options.
- Determine fair market property value and prepare real estate transactions.
- Determine appropriate property management options.
- Identify (or quantify) construction impacts and associated costs for mitigation and/or disposal of material.
- Determine Worker Health and Safety needs.
WSDOT expects a typical Phase II ESA be completed within 8-12 weeks with a cost range of $15,000-$30,000. The decision to perform a Phase II ESA should be made on a case by case basis in coordination with the WSDOT Hazardous Materials Program.
Labeling Sampling Waste
All sampling waste generated from Phase II ESA and Geotechnical investigations that have obvious contamination should be placed in secure containers and labeled while waiting for sampling results. All containers must have a legible “Hazardous Materials”/“Analysis Pending” label including the project site, substance, boring location and number, date and contact information. “Hazardous Materials”/ Analysis Pending” labels can be obtained on the World Wide Web. When the nature of the substance has been characterized, the containers shall be labeled with “Hazardous Waste Label” or a “Non Hazardous Waste” label per USDOT labeling regulations (pdf 54 kb) (49 CFR 173.2).
Example labels (pdf 326 kb) are provided in Exhibit 447-3 of the Environmental Procedures Manual.
Environmental Compliance Assurance Procedure (ECAP)
Section 1-2.2K(1) of the WSDOT Construction Manual (M41-01), provides a standard procedure for recognizing and eliminating environmental violations during construction and ensures prompt notification to WSDOT management and agencies. This procedure is intended to raise awareness and reduce or eliminate the occurrence of environmental violations during construction at WSDOT project sites.
Working near Freshwater and Marine Environments
If the Contractor or Consultant is providing services to WSDOT that may impact freshwater or marine water, they may need to evaluate and characterize sediment for chemical contamination and/or biological impacts. Regulations for sediment evaluation and characterization are being updated. Contractors and Consultants must check with the regulatory agencies for the most updated regulations.
Projects that occur in marine or freshwater environments including ferry terminals or bridge crossings may be need to evaluate and characterize sediment for chemical contamination and/or biological impacts. Marine and freshwater sediment sampling and testing are regulated by the Sediment Management Standards (SMS), Chapter 173‑204 WAC. The SMS, specifies sediment quality and cleanup criteria and is equivalent to MTCA for upland areas. The regulation imposes a number of unique requirements that impact WSDOT activities, particularly those of Washington State Ferries and other transportation projects in or near coastal zones, rivers and sediment impact zones.
Sediment quality standards and cleanup screening levels have been determined for marine sediments. The standards and screening levels for freshwater are in the process of being evaluated by the Washington State Department of Ecology.
The majority of the sampling protocols in the sediment management standards are contained on the Puget Sound Partnership website for Protocols and Guidelines.
The Washington State Department of Ecology has created Guidance on the Development of Sediment Sampling and Analysis Plans Meeting the Requirements of the Sediment Management Standards.
Dredging and in-water disposal of marine and freshwater sediments is regulated by the U.S. Army Corp of Engineers and Dredge Material Management Program (DMMP) or the Regional Sediment Evaluation Framework (RSEF). The Army Corp of Engineers regulates the Dredge Material Management Program (DMMP). The DMMP provides criteria for in-water disposal of dredged sediment. If the sediments are not suitable for open-water disposal, sediments are will need to be disposed of at an appropriate upland disposal facility. Freshwater criteria is currently being developed under the RSEF and when available will be contained on the RSEF website.
This section provides a variety of Federal and State regulatory guidance that relates to hazardous material issues. A list of applicable regulations is also available.
State Department Ecology
Workers Health and Safety
Washington Department of Ecology Publications
All of the following documents can be requested from the Publications Office at the Washington State Department of Ecology.
- Chemicals of Special Concern in Washington State, 1992.
Publication number 92-066.
- Guidance for Remediation of Petroleum Contaminated Soils, 1995. Publication number 91-30.
- Dangerous Waste Regulations, Chapter 173-303 WAC, 2000.
Publication number 92-91.
- Model Toxics Control Act, Chapter 173-340 WAC, 2001.
Publication number 94-06.
- Guidance on Sampling and Data Analysis Methods, 1995.
Publication number 94-049.
- Analytical Methods for Petroleum Hydrocarbons, 1997.
Publication number 97-602.
- Commonly Required Environmental Permits for Washington State,1994. Publication number 90-029.
- Sediment Management Standards, Chapter 173-204 WAC, 1996. Publication number 96-252.
- Sediment Cleanup Standards User Manual, 1991. Publication number SCUM1.
- Natural Background Soil Metal Concentrations in Washington State, 1994. Publication number 94-115.
- Hazardous Waste Service Provider Directory, 2000. Publication number 98-412.
- Underground Storage Tank Statute and Regulations, 1998.
Publication number 95-604.
- Underground Storage Tank Site Check/Site Assessment List, 1999. Publication number 010-158.
- Guidance for Site Check & Site Assessment for Underground Storage Tanks, 1992. Publication number 90-52.