The Hazardous Material (HazMat) Program provides numerous services to multiple WSDOT offices statewide. Services include conducting investigations and providing guidance on proper handling and disposal of hazardous materials.
Hazardous material investigations allow staff to make informed transportation project decisions, such as the selection of alternatives, mitigation measures and associated costs, and/or determining when it’s necessary to initiate early coordination with relevant regulatory agencies. The appropriate level of investigation varies and is dependant on project and/or site specifics. Based on the needs of the project, hazardous materials investigations can identify applicable regulatory considerations, information used to help prepare real estate transactions, contract bids and specifications, spill prevention plans, and/or hazardous waste management plans.
Chapter 447 of the Environmental Procedures Manual (EPM), Volume II provides guidance on applicable regulations and the hazardous material investigations that are briefly outlined below. Chapter 620.08 of the EPM provides construction guidance for identifying, handling, and disposing of hazardous materials encountered during construction projects.
Site Reconnaissance
The purpose of a site reconnaissance is to observe a parcel, and any structures on the property for recognized hazardous environmental conditions. A Site Reconnaissance is necessary to field verify the locations of sites identified through GIS mapping systems and regulatory record databases research. In addition, it is often useful to document adjacent properties or surroundings, as they may have an impact on the subject parcel.
If access on to the property is restricted (i.e., no right-of-entry, fencing), observations of exterior conditions from adjacent public properties can be performed through a “windshield survey”. In addition to guidance provided in the EPM, the HazMat program has provided guidance with a checklist (pdf 80 kb) for conducting a Site Reconnaissance.
Phase 1 - Environmental Site Assessment
During the early stages of project development, the purpose of a Phase I is to evaluate the potential for contamination to be present on or adjacent to a specific property or a project corridor. The Phase I can supplement a Route Development Plan or a Corridor Study. The investigation is similar to the American Society of Testing Materials (ASTM) 1527-00 Standard Practice. WSDOT’s minimum requirements of a 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 1527-00)
- Regulatory Database Records Search
- Review of Regulatory Files
Site Reconnaissance
- Field Verification of sites identified through maps & aerials
- Review Adjacent Properties
The conclusion of the Phase I report should provide recommendations regarding whether or not additional investigation is necessary prior to acquisition or construction. A Phase I typically costs $3,000- $8,000 and requires 4-8 weeks to complete.
Federal requirements for due diligence clarifies what constitutes “All Appropriate Inquiry” and is effective on November 1, 2006. For properties that may be substantially contaminated, a full level Phase I investigation should be completed in compliance with ASTM standard 1527–05. A Phase I investigation 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 Hazardous Materials Program. Visit EPA’s website for additional information regarding the new “All Appropriate Inquiry” rule.
Phase II - Environmental Site Assessment
A Phase II conducts soil and/or groundwater investigation to determine if contamination exists. The investigation is similar to ASTM 1903 Standard Practice for Phase II - Environmental Site Assessments. A Phase II can meet the following possible objectives.
Identify the extent of contamination to:
- Prepare real estate transactions and determine fair market property value.
- 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.
Prior to sampling, a Sampling and Analysis Plan (SAP) must be prepared. The SAP provides a description of the work to be performed, the laboratory analytical methods to be used, and any specific requirements and quality control information. A SAP ensures that the samples collected are representative of field conditions, and that the field effort is completed in a standardized and reproducible manner and in accordance with applicable state and federal requirements and guidelines.
Prior to sampling, the Health and Safety Plan (HASP) is created to comply with the regulations governing health and safety of employees engaged in hazardous materials operations codified in 29 Code of Federal Regulations (CFR) and promulgated by Washington Administrative Code (WAC) Chapter 296-62. Additional applicable safety regulations are contained in Chapter 296-155 WAC.
The decision to perform a Phase II should be made on a case by case basis in coordination with the Hazardous Materials Program. See Figure 447.2 in Chapter 447 of the EPM for additional guidance. In general, sampling is recommended for sites that may be contaminated and construction plans require acquisition and/or involve excavation activities. A Phase II typically cost $15,000-$30,000 and requires 8-12 weeks to complete.
Phase III - Environmental Site Assessment
After previous investigations have identified contamination, a Phase III can be performed to collect data necessary to adequately characterize the site for the purpose of developing and evaluating cleanup action alternatives. A Phase III includes detailed sampling of the site, analysis or remedial alternatives with estimated costs, and recommendations of which remediation type to use. The Phase III is roughly equivalent to a remedial investigation/feasibility study defined by WAC 173-340-140.
A Phase III can be extensive, time consuming, and expensive. Consequently, WSDOT typically only performs a Phase III when the decision has been made to proceed with the acquisition of property that may be substantially contaminated and the responsible party is not performing cleanup. Decisions regarding site cleanup should be made in coordination with the Hazardous Materials Program in order to ensure that the cleanup remedy will be “substantially equivalent of an Ecology conducted cleanup” and secure WSDOT’s ability to recover cleanup costs from solvent companies who are potentially liable.
Hazardous Materials Discipline Report
Overview
The purpose of the Hazardous Material Discipline Report (hereafter referred to as Report) is to assess an entire project corridor to identify and thoroughly evaluate potentially contaminated sites that may effect the environment and the construction project. Typically these reports are intended to support environmental documentation (EA, EIS or DCE) required for the NEPA/SEPA process.
Hazardous Material Discipline Reports are different from other disciplines that support an EIS or EA. Documents generated for EIS/EAs are written from the perspective of how the project impacts (or effects) the environment (i.e., water, air, noise, and hazardous materials). The Hazardous Material Discipline is different because construction impacts are typically positive since excavation and paving activities remove contamination or prevent pre-existing contamination from migrating. However, Hazardous Materials has a negative impact to the construction schedule and budget, and WSDOT could potentially become liable for cleanup. Thus, to allow transportation staff to make good business decisions, the Hazardous Materials Discipline Report also identifies how hazardous materials impacts WSDOT in terms of acquisition and construction.
The level of detail of a Report must be sufficient enough to allow transportation staff to make informed decisions regarding the selection of alternatives, mitigation measures and/or initiating early coordination with relevant regulatory agencies, when necessary. 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.
Most projects that require an EIS or an EA do require a Hazardous Material Discipline Report. 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.
If a Discipline Report is not warranted, the decision should be made in consultation with the Hazardous Materials Program and the rationale must be documented in a memorandum and added to the project file.
NEW DRAFT GUIDANCE & REPORT FORMAT – A new guidance document is in development to set a standard approach for conducting Hazardous Material Discipline Reports. The guidance will provide
- standard methodology & screening process
- separate sections of boilerplate language
- recommended report format/template
- example Scope of Work (for hiring consultants)
The expectation is that the guidance will reduce the level of effort to conduct a Discipline Report. The intent is to eliminate repetitive language from the main body of the report and reference this guidance document (either as a CD in the appendix or incorporated by reference). The expectation is that the body of the report is 1) simple (clear & concise), 2) does not repeat details in the guidance document, and 3) focuses only on project/site specifics.
If this guidance may influence your work, please take the opportunity to review the Draft Guidance and Standard Methodology for WSDOT Hazardous Material Discipline Reports (244 kb). Please provide comments to Tanya Bird at birdt@wsdot.wa.gov or contact her at 360-570-6653.
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Asbestos, Lead, Underground Storage Tank and Waste Characterization Services
The Hazardous Material Program has certified/trained staff to perform Asbestos & Lead Surveys, Underground Storage Tank removals and waste characterization. If current workload or project demands prevents the ability to conduct work in-house, staff can arrange for and manage on-call environmental consultants to perform the work. WSDOT offices are encouraged to contact the Hazardous Material Program for assistance in the following activities. Please refer to Chapters 447 and 620.08 of the EPM for additional details.
Asbestos Surveys
An asbestos survey must be conducted by an AHERA-certified building inspector prior to demolition of structures. Buildings constructed prior to 1985 are likely to have asbestos containing materials (ACM) present. ACM requires removal in compliance with worker safety and health regulations and disposed of in a legally permitted lined landfill facility.
Lead Surveys
Lead surveys are conduced prior to demolition of structures to ensure compliance with worker health and safety regulations. Lead Based Paint (LBP) surveys are also conducted to determine appropriate disposal requirements. The dangerous waste (WAC 173-303) criterion for lead, measured by the Toxicity Characteristic Leaching Procedure (TCLP), is 5.0 mg/L. If treated as a separate waste (i.e., sandblasting waste), it possible that materials containing high concentrations of LBP would exceed the dangerous waste criteria.
For more information regarding asbestos and lead in demolition debris, visit Ecology’s web site.
Underground Storage Tanks
Because of the serious threat posed by underground storage tanks (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 backhoe operator is required to remove the tank and a certified Site Assessor is required to be present during removal to sample and prepare a closure report within 90 days of removal. For additional UST information visit Ecology’s website.
Waste Characterization and Disposal
The federal Resource Conservation and Recovery Act (RCRA) and the state Dangerous Waste regulations (WAC 173-303) are commonly referred to as the hazardous waste "cradle to grave" regulations, which holds WSDOT responsible for generated hazardous waste until it is no longer considered hazardous. These regulations require proper handling, transport, storage, and disposal of hazardous waste.
To ensure proper management and disposal, program staff are qualified to collect and analyze samples for disposal requirements and/or determine potential reuse options. Staff can also help coordinate disposal services through mandatory state contracts (discussed on the HazMat Main Web Page)created by the General Administration Office of State Procurement. For additional information regarding contamination encountered during construction, refer to Chapter 620.08 of the EPM.
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