The WSDOT Highways & Local Programs Division (H&LP) assists local agencies and other transportation partners such as tribal governments, ports, and transit agencies deliver successful transportation projects. The H&LP Environmental Policy Branch assists these customers to develop and process their National Environmental Policy Act (NEPA) documentation.
This web page provides general project development information as it relates hazardous materials. Hazardous materials (HazMat) can have a substantial impact on a project. Determining the potential impacts is imperative before scheduling and budgeting can be reasonably estimated. HazMat can also have a long term impact when an agency inherits cleanup liability.
To help local entities assess HazMat issues relating to the transportation project delivery lifecycle, general HazMat guidance is provided below.
Planning
During the Transportation Planning phase, a cursory review of the project corridor should be performed to obtain a general sense of the major areas of concern. This information should be utilized when developing the overall construction plan for the project.
A cursory review uses readily available environmental resources, such as the Department of Ecology’s Facility/ Site Database to identify known or potentially contaminated sites within or near the project area. A windshield survey can also be performed to locate sites that may pose a significant impact.
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Project Scoping
Project Scoping involves a little more investigation of readily available HazMat information than the Planning phase. Identifying the impacts begins with the initial screening process by completing the ECS form. The ECS process determines the necessary level of documentation needed for the project and/or individual sites of concern. If there is little to no risk, then no documentation may be justified based on project specifics. The justification for no additional investigation must be documented on the ECS form.
ECS Form - Screens for Potential Contamination
With respect to HazMat impacts, the ECS form is simply a screening process. The ECS is an informal review to identify what HazMat investigation must be done, along with a timeline for completion. If necessary, the ECS can describe the investigative findings and/or identify additional investigations or specific measures that are needed to mitigate for identified impacts. This form facilitates the NEPA environmental documentation process.
For Hazardous Materials the ECS involves an informal review to identify and evaluate known or potentially contaminated sites. This informal review determines the appropriate level of investigation and documentation needed.
Highways and Local Programs provides guidance in Chapter 24 of the Local Agency Guidelines (LAG) manual (M 36-63). General guidance is also available in Chapter 447 of the WSDOT Environmental Procedures Manual (M 31-11). Specific question by question guidance is provided in page 28 of the ECS Guidebook for preparing responses to the ECS questions in Section 4.5 - Hazardous and Problem Waste. Contact your regional Highways and Local Program Engineer to clarify how to integrate this guidance in the preparation of the ECS form.
Design and Environmental Review
Environmental documentation for NEPA/SEPA is conducted during the Design and Environmental Review phase of the project. The types of documentation that help evaluate HazMat impacts includes:
Although these investigations are typically done during this phase and prior to acquisition of property, they may be done earlier if a potential significant impact poses a serious risk to the environment or the project. Conducting investigations early can help facilitate early negotiations and agreements prior to purchasing contaminated property.
Hazardous Materials Discipline Reports
The purpose of a Hazardous Materials Discipline Report (pdf 287 kb) is to assess the sites along the project corridor for the potential presence of contamination. The Report must be project specific and identify and evaluate known or potentially contaminated sites that may:
- affect the environment during construction,
- create significant construction impacts, and/or
- incur cleanup liability to the local agency.
The objective of the Report is to conduct an appropriate level of documentation and analysis necessary to allow transportation staff to make informed decisions regarding the selection of alternatives, mitigation measures and/or the necessity of initiating early coordination with relevant regulatory agencies. The report must provide site-specific recommendations when additional investigation (i.e., Phase II or Phase III) is warranted prior to acquisition and construction. Approximate site-specific cost estimates for recommended additional investigations should also be provided. Additional site-specific information can be used to help prepare real estate transactions, comprehensive contract bids and specifications, spill prevention plans, and/or contaminated media management plans. The cost for a Discipline Report for a one-mile corridor can generally range from $15,000 to $25,000.
Most projects that require an EIS or an EA do require a Hazardous Material Discipline Report. A report is necessary when a project:
- requires large portions of permanent or temporary property acquisition
- has large amounts of excavation below existing grade
- is primarily located in a developed area, where current and past land use is industrial, commercial and residential
Discipline Report guidance and an example Scope of Work (SOW) (77kb)written for WSDOT Projects may be used as examples for H&LP Projects.
"Right Sizing" Documentation
A lesser level of evaluation and documentation may be appropriate for NEPA documentation. The necessary level of documentation is based on the complexity and size of the project, severity of potential contaminants, and other project specific conditions. A reduced level of effort may be sufficient when a project:
- requires minor amounts of temporary or permanent acquisition of property
- involves minor amounts of excavation below existing grade (e.g., guardrail installation, utilities, and illumination bases)
- is located in a primarily residential or undeveloped area
No Documentation Needed
In some instances, formal documentation may not be necessary and the sole documentation is the completed ECS form. This is typical for projects classified as a Documented Categorical Exclusion (DCE). A report may not be needed when the project:
- does not require new acquisition of land, and
- does not require excavation below the existing ground surface, and/or
- is located in a completely undeveloped area (i.e., no buildings, parking or storage areas, & agriculture (other than grazing), based on historical research.
However, the rationale for the decision not to produce the report must be documented in the ECS form.
Phase I and Phase II Environmental Site Assessments - Potential Site Specific Investigations
Based on the results of either the completed ECS form or the Discipline Report, alternative or additional investigation may be recommended by H&LP. Alternative investigations may be recommended in order to reduce the level of documentation needed for a project. Or additional investigation may be recommended to fill data gaps. Recommended investigations could include:
- Phase I ESA - Site specific investigation of existing documents and records to identify potential contamination.
- Phase II ESA - Sampling media (soil, sediment and/or groundwater) to determine existence or extent of contamination.
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Acquisition
This section discusses hazardous material issues related to property acquisition, including:
Liability
Under current federal and state hazardous waste cleanup statutes, all former, current, and future property owners can be held individually liable for 100% of the cleanup cost for contaminated property. This means, when a person, business or a government acquires contaminated property, it automatically may be held liable for any or all cleanup and restoration costs regardless of the “degree of guilt.” You can also be held liable as a prior owner, thus, selling land does not protect you from liability.
To avoid potential liability associated with the purchase of contaminated properties, the Purchaser must perform “all appropriate inquires” (AA) prior to obtaining any contaminated properties as required under Section 101(35)(B)(ii) and (ii) of CERCLA as specified in 40 CFR 312. If the inquiry and subsequent site instigation identifies actual soil and/or groundwater contamination, the Purchaser may pursue a “private right of action” with past or current owners of the property. A private right of action is a legal claim authorized by RCW 70.10TH.0808 under which a person may recover costs of remedial action from other persons liable under the Act provided that a cleanup is “substantially equivalent” to a cleanup performed or supervised by Ecology. If the source of contamination is on an adjacent property, the persons liable for the adjacent contamination could be responsible for costs associated with cleanup of a site and costs to repair damages to natural resources.
Investigations to identify contamination is conducted for several reasons:
- to demonstrate “all appropriate inquiry” to avoid cleanup liability
- assess Property Value
- avoid expensive remediation costs
- prevent costly construction delays and disposal costs
- avoid using resources for property management and time consuming regulatory agency negotiations
Investigations that identify potentially contaminated property include, but is not limited to:
Not all properties need a Hazardous Material (HazMat) Investigation. The decision to investigate a property is made on a case-by-case basis in coordination with an environmental professional who can help evaluate the level of risk. HazMat investigations can help the agency make decisions before and during the acquisition process. The agency may decide to avoid property acquisition and liability by redesigning the alignment. If avoidance is not possible, the agency can also use the results of a Phase II ESA to estimate cleanup costs and adjust property value. The agency should consult with their attorneys and real estate office for potential strategies (e.g., indemnification clauses) to help reduce the risk of cleanup liability when purchasing contaminated property.
Demolition
Demolition work has the following hazardous materials issues:
Underground Storage Tank (UST) Removal
Because of the serious threat posed by USTs (explosion hazards and releases of contamination), specific regulatory requirements (WAC 173-360 & WAC 173-340) describe notification, removal and closure reporting requirements.
If an unknown tank is encountered and there is evidence of a leak, Ecology must be notified within 24 hours.
A certified contractor is required to remove the tank and a certified Site Assessor is required to be present during removal to sample and document UST closure activities. A 30-Day notice to Ecology must be submitted to prior to removing a regulated UST. An UST closure report must be submitted within 90 days of removal. Some USTs are exempt from Ecology regulations but may be regulated by local agencies. Local health and fire departments may also require notification of UST site closures. For additional UST information visit Ecology’s Underground Storage Tank Web site.
Asbestos Containing Materials
Asbestos was widely used as a commercial product because it is non-combustible, resistant to corrosion, and has a high tensile strength and low electrical conductivity. In residential and commercial buildings constructed before 1981, asbestos is often contained in thermal system insulation, various decorative spray-on texturing and fire-proofing, floor coverings, siding, adhesives, roofing materials, utility pipes and conduit, and thousands of other building materials and applications.
Prior to demolition, an Asbestos Survey must be conducted by a certified Asbestos Hazard Emergency Response Act (AHERA) asbestos inspector. If the presence of asbestos is suspected, an abatement plan must be completed by a certified AHERA project designer. Removal of asbestos must be in compliance with worker safety and health regulations and disposed in a legally permitted lined landfill facility.
Additional information regarding asbestos in demolition debris is available on Ecology’s Demolition Debris web site.
Lead Based Paint
In the past high levels of lead paints were used on exterior painted wood, metal, and concrete, as well as interior window frames and doors. Lead-based paint (LBP) poses risks to environmental health and worker safety when disturbed for maintenance, renovation, and demolition of structures and bridges. Lead-based paint may be regulated as dangerous waste (WAC 173-303). The dangerous waste criterion for lead, measured by the Toxicity Characteristic Leaching Procedure (TCLP), is 5.0 mg/L. Lead surveys are conduced prior to demolition to ensure compliance with worker health and safety regulations and determine appropriate handling and disposal requirements.
Additional information regarding lead in demolition debris is available on Ecology’s Demolition Debris web site.
Reporting
The Model Toxics Control Act (MTCA), WAC 170-340-300 requires property owners to report to Ecology about contamination that may pose a threat to human health or the environment within 90 days of discovery. When an agency works with property owners during the acquisition phase, the agency should notify the property owner of this legal requirement when contamination is found on a property. If the property owner fails to notify Ecology, the agency is responsible to notify Ecology after acquisition.
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Permitting and PS&E
For standard sites with typical contamination, the WSDOT Standard Specifications should be consulted. Hazardous Materials related Standard Specifications include:
Section 1-07.4(2) - Health Hazards
Section 1-07.5 - Environmental Regulations
Section 1-07.15 - Temporary Water Pollution/Erosion Control
Section 1-07.15(1) - Spill Prevention, Control and Countermeasures Plans
Section 6-07.3(2) - Repainting Existing Steel Structures
Section 8-01 - Erosion Control and Water Pollution Control
Section 9-14.5(3) - Clear Plastic Sheeting
For more complex sites, a special provisions section may need to be written.
For widespread or unique contaminated conditions, a Hazardous Materials Management Plan may be needed. A Hazardous Materials Management Plan is a project specific document created to outline procedures for dealing with problem and hazardous waste. A Plan is typically only needed when wide spread contamination or a unique condition, such as dangerous waste (per WAC173-303) is anticipated.
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Construction
With respect to hazardous materials, a local agency's primary environmental responsibility during construction is to ensure that work does not spread or contribute to existing contamination. To achieve this, an agency can:
- conduct early hazardous materials investigations to identify known or suspected contaminated sites in order to avoid or minimize potential environmental and construction impacts
- use alternative construction design or techniques to avoid contaminated areas or minimize quantity of material generated
- implements Standard Specifications and Special Provisions in contracts to maintain compliance and appropriately manage site-specific contamination
- require written project-specific Spill Prevention, Control and Countermeasures Plans to prevent and minimize spills
- develop project-specific hazardous materials management plans for projects with widespread, unique or complex contamination conditions
- maintain compliance with applicable hazardous materials environmental regulations.