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HomeMy WebLinkAboutItme J August 14, 2000 STAFF REPORT To: Mayor and Members of the City Council Attention: Dan Dorsey,Acting City Manager From: Lee Whittenberg,Director of Development Services Subject: CITY OF SEAL BEACH COMMENT LETTER RE: PROPOSED NEGATIVE DECLARATION RE: REUSE OF LEAD CONTAMINATED SOIL - CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL GENERAL DESCRIPTION The California Department of Toxic Substances Control has prepared a proposed Negative Declaration regarding a proposed variance from hazardous waste generator, treatment, storage and disposal requirements for the California Department of Transportation (Caltrans). The variance request will allow specified Caltrans districts, including Orange County,to collect and reuse soil that is contaminated with low levels of lead. The contaminated soil exists within specific Caltrans districts along many freeway and highway corridors that are or will be undergoing maintenance, modification, or improvements. The contamination is a result of emissions from vehicles using leaded gasoline. The soil will be reused as road base or as a foundation for embankment during such construction activities. The variance specifies steps that Caltrans must take to ensure that human health and the environment are protected. On July 28, 2000, the City Council was provided a memorandum providing an overview of the proposal, and a copy of the "Public Notice" and a "Fact Sheet" regarding this proposal. Those documents are not provided with this Staff Report. Staff has reviewed the proposed Negative Declaration, and has concerns relative to the proposed project. Staff has prepared a comment letter for City Council review and approval regarding the proposed Negative Declaration. The comment period on the Negative Declaration ends on August 27, 2000, prior to the next meeting of the City Council (August 28) and Environmental Quality Control Board(August 30). Due to the inability of the EQCB to review this matter prior to the close AGENDA ITEM �J C:\My Documents\CEQA\DTSC Neg Deg-Reuse Lead-Contaminateed Soi1.CC SR.doc\LW\08-07-00 City Comment Letter re:Proposed Negative Declaration— Reuse of Lead-Contaminated Soils(Caltrans) City Council Staff Report August 14,2000 of the public comment period, staff has prepared a response letter regarding the subject Negative Declaration for consideration by the City Council. Written comments may be submitted to: Bob Piacentini,Project Manager DISC Headquarters 400 P Street 4th Floor P.O. Box 806 Sacramento,CA 95612 Public Availability: A copy of the "Public Notice", "Fact Sheet", and Negative Declaration are available at the Department of Development Services for review. RECOMMENDATION: Staff recommends the City Council authorize the Mayor to sign the proposed response letter, receive and file the Staff Report, and instruct staff to forward this matter to the EQCB for information purposes. NOTED AND APPROVED J. L �/,% - / 4 - Whi enberg,Director Dan Dors-y Department of Development Services Acting City Manager 1110 Attachments: (2) Attachment 1: Draft City Response Letter re: Proposed Negative Declaration for the Reuse of Lead-Contaminated Soil, prepared by the California Department of Toxic Substances Control,dated July 14, 2000 Attachment 2: Proposed Negative Declaration for the Reuse of Lead-Contaminated Soil, prepared by the California Department of Toxic Substances Control,dated July 14, 2000 DISC Neg Deg-Reuse Lead-Contaminateed SoiI.CC SR 2 t • City Comment Letter re:Proposed Negative Declaration— Reuse of Lead-Contaminated Soils(Caltrans) City Council Staff Report August 14,2000 Note: Not provided due to length of document, 107 pages. Provided is the Special Initial Study, pages 1 through 9, and the proposed mitigation measures, pages 17 through 20. The complete document may be reviewed at the Department of Development Services DTSC Neg Deg-Reuse Lead-Contaminateed SoiI.CC SR 3 City Comment Letter re:Proposed Negative Declaration— Reuse of Lead-Contaminated Soils(Caltrans) City Council Staff Report August 14,2000 ATTACHMENT 1 DRAFT CITY RESPONSE LETTER RE: PROPOSED NEGATIVE DECLARATION FOR THE REUSE OF LEAD-CONTAMINATED SOIL, PREPARED BY THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, DATED JULY 14,2000 DTSC Neg Deg-Reuse Lead-Contaminateed SoiI.CC SR 4 pow r; Kms:Alfr c • r js s `,� ,N. « ` ecte • x ,ri1ALL • t pert>r T '; ALBEACH IIMA 9D A 1562)431-1527 August 14, 2000 Bob Piacentini,Project Manager DTSC Headquarters 400 P Street 4th Floor P.O. Box 806 Sacramento,CA 95612 SUBJECT: City of Seal Beach Comment Letter on Proposed Negative Declaration for the Reuse of Lead-Contaminated Soil Dear Mr. Piacentini: The City Council of the City of Seal Beach has reviewed the above referenced Negative Declaration and has specific concerns regarding the environmental analysis provided in the proposed Negative Declaration. The City recognizes and appreciates the cost concerns of the transport and disposal of lead-contaminated soil, and the desire to safely and appropriately utilize these impacted soils in projects that would not appear to have direct potential for future impacts to humans, wildlife, and plant communities. Conceptually, the use of soils that exceed the Soluble Threshold Limit Concentration (STLC) of 5.0 mg/1, but do not exceed the Total Threshold Limit Concentration (T1'LC) of 1000 mg/kg, in the proposed manner is an effective way, both environmentally and fiscally, to reduce the transport cost, permanently cap contaminated soil, and reduce the capacity demands on the existing hazardous waste sites within the State. From a very practical standpoint, however, the major concern of our City is of the potential release of lead-contaminated soil particles into the atmosphere during the "clearing and grubbing" stage of a roadway project. It is at this time that the greatest potential for dispersion of lead- contaminated soil particles into the atmosphere exists. Given the nearness of a large senior citizen population within our community, Leisure World, to the I-405 and I-605 Freeway right-of-ways, this issue is especially important to our citizens. We understand that future projects will be required to have their own environmental analysis completed under the provisions of the California Environmental Quality Act (CEQA), and that this issue may addressed at that point in the environmental review process. However, we would request that an additional clarification within the mitigation measures be included in the approved Negative C:\My Documents\CEQA\DTSC Neg Dec-Reuse Lead-Contaminated SoiI.CC Letter.doc\LW\08-14-00 ('itv of Seal Beach('cnnntent Letter re:Proposed:'legative Declaration— Reuse of Lead-('ontaminated Soils(Caltrans) August 14, 2000 Negative Declaration to clarify that the proposed dust suppression measures will be enforced during the"Clearing and Grubbing" project stage also. In addition, mitigation measure"r" requires the submission to DTSC of detailed information regarding the use of lead-contaminated soil through the requested variance procedure at least 5 days before construction of any project occurs. The City of Seal Beach would request that a copy of this submission package be provided to the Director of Development Services for any project within the city limits of the City of Seal Beach, or for projects impacting the interchange of the I-405/1-605 and I-405/SR 22. The City of Seal Beach supports the imposition of the other mitigation measures, and especially appreciates the provision of measure "b", regarding the preparation of a project specific health and safety plan; measure "u", regarding the future sale of any impacted Caltrans right-of- way; and measures"c' through "i". Thank you for your consideration of the comments of the City of Seal Beach. Please do not hesitate to contact Mr. Lee Whittenberg, Director of Development Services, City Hall, 211 Eighth Street, Seal Beach, 90740, telephone (562) 431-2527, extension 313, if you have any questions regarding this matter. Sincerely, Patricia E. Campbell Mayor Distribution: Seal Beach City Council Seal Beach Environmental Quality Control Board Acting City Manager Director of Development Services DTSC Neg Dec-Reuse Lead-Contaminated Soil.CC Letter 2 City Comment Letter re:Proposed Negative Declaration— Reuse of Lead-Contaminated Soils(Caltrans) City Council Staff Report August 14,2000 ATTACHMENT 2 Proposed Negative Declaration for the Reuse of Lead- Contaminated Soil, prepared by the California Department of Toxic Substances Control, dated July 14, 2000 Note: Not provided due to length of document, 107 pages. Provided is the Special Initial Study, pages 1 through 9, and the proposed mitigation measures, pages 17 through 20. The complete document may be reviewed at the Department of Development Services DTSC Neg Deg-Reuse Lead-Contaminateed Soil.CC SR 7 CALIFORNIA ENVIRONMENTAL QUALITY ACT SPECIAL INITIAL STUDY THE CALTRANS VARIANCE REQUEST RELATED TO HANDLING AND REUSE OF LOW-LEVEL LEAD-CONTAMINATED SOILS ON CERTAIN STATE-OWNED HIGHWAY RiGHTS-OF-WAY WITHIN CALTRANS DISTRICTS 4, 6, 7, 8, 10, 11, AND 12 The Department of Toxic Substances Control(DTSC) has completed the following Special Initial Study for this project in accordance with the California Environmental Quality Act(§ 21000 et seq., California Public Resources Code) and implementing Guidelines (§ 15000 et seq., Title 14, California Code of Regulations). This Special Initial Study has also been used to satisfy the requirements of§ 711.4, Fish and Game Code and§ 753.5, Title 14, Code of California Regulations relating to filing of environmental • fees. I. PROJECT INFORMATION Project Name: California Department of Transportation (Cattrans) Site Location: The activities authorized by variance will be located within existing state owned ' highway rights within Caltrans Districts 4, 6, 7, 8, 10, 11, and 12. (See Exhibits 1 and 2) Contact Person: Mr. Edward Imai Ms. Julia Tumey Department of Transportation 1120 N Street, MS 27 Sacramento, California 95814 (916)653-3876 Project Description: I. Introduction The California Department of Toxic Substances Control (DTSC) is proposing to issue a variance that would allow the California Department of Transportation (Caltrans) Districts 4, 6, 7, 8, 10, 11, and 12 to excavate, stockpile, transport and reuse soil contaminated with low concentrations of aerially-deposited • lead on transportation projects within specified transportation corridors. The Caltrans activities would take place on state-owned highway rights-of-way within Caftans Districts 4, 6, 7, 8, 10, 11, and 12. (See Exhibit 1). The variance would be issued in accordance with Health annd2S0fy Code (HSC), section 25143 and Title 22 California Code of Regulations (22 CCR), sectione Caltrans has sampled the sediment adjacent to traffic lanes in major metropolitan areas and has determined that lead from leaded gasoline emissions is present. Elevated lead levels have been found to be highest at the surface (zero to six inches) and decrease with depth. Levels are highest adjacent to the traveled way and decrease with distance. On average, total lead levels are not greater than the Total Threshold Limit Concentration (TTLC) but exceed the Soluble Threshold Limit Concentration (STLC) found in 22 CCR. • Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 2 Dunng freeway improvements, soil or sediment is removed to a depth of two feet to allow installation of the structural section that supports the road. The excavation process generates large quantities of excess soil that may be routinely reused within the prpject or other construction projects or may be relinquished to the contractor to dispose of as fill. Once the soil is excavated, and if it exceeds the STLC, it is considered a hazardous waste under California Standards. The material is not classified as hazardous under the federal Resource Conservation and Recovery Act(RCRA) and does not exceed the Threshold Concentration Leaching Potential (TCLP) test limits for lead. Caltrans has requested a variance from the storage, transportation and land disposal requirements of 22 CCR Sections 6264.250 et seq., 66268.1 et seq., 66262.40 (b) and (c) and 66262.41 (b). Excavation, stockpiling, transportation, and use of the soil would be managed within guidelines approved by DTSC. Traditionally, Caltrans has relinquished most excess project soils to the contractor for disposal. However, Caltrans cannot relinquish soils that are considered hazardous waste, such as soils with hazardous levels of lead, even if the levels are barely above the criteria defining the waste as hazardous. Normally, wastes that meet California criteria for hazardous wastes are either hauled to permitted disposal sites or treated to reduce their hazardous component. Hauling of these low levels of lead-contaminated • soils to a Class I disposal facility would be very costly, approximately S150-250 per cubic yard. DTSC, Office of Scientific Affairs (OSA), reviewed soil sampling data, health and safety monitonng data, and the Caltrans program, and determined that material can be managed on-site so that there is no significant threat to human health or the environment OSA later reaffirmed that finding. The letter from the OSA is attached as Exhibit 3. If this variance is not approved, the soil excavated from the Caltrans construction activities cannot be reused on-site and would thus require disposal at Class 1 hazardous waste disposal facilities. A single Caltrans project generates as much as 20,000 cubic yards of soil. The limited Class 1 landfill capacity available in California could be filled by wastes from normal Caltrans construction projects. II. Project Descriotion and Location Variance Proposal Caltrans has requested a variance from DTSC for certain maintenance, repair, and construction projects in Caltrans Districts 4, 6, 7, 8, 10, 11, and 12. Caltrans is requesting a variance from the storage and land disposal requirements of 22 CCR Sections 66264.25 et seq., 66268 et seq., 66262.40 (b) and (c) and 66262.41 (b)that would allow Caltrans to collect and reuse soil contaminated with low levels of lead on state owned highway rights-of-way road improvement projects. Caltrans would use the requested variance for its proposed road improvement projects in District 4, 6, 7, 8, 10, 11, and 12. (See Exhibit 2). A list of project locations is included in Exhibit 4. These project locations are individually subject to CEQA when Caltrans approves projects for detailed design and construction. In response to heavy travel loads, many highways and freeways are being improved by Caltrans to increase vehicle capacity and travel safety. The improvement of existing roads allows increased vehicle use without the significant additional cost of purchasing additional rights-of-way that would be needed for a new freeway or roadway alignment Roadway improvement projects may include filling in existing median areas, widening out over the existing highway shoulders or a combination of widening in these areas. • Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Variance Projects Page 3 Often, the widening of the driving surface of freeways is associated with the reconstruction and upgrading of bridges and interchanges. Construction of the widening normally requires development of a two to three-foot thick subbase to carry the new widened lanes and their associated traffic. To allow development of the subbase, existing soils are normally excavated and removed as part of the project construction. Caltrans has discovered low levels of aerially-deposited lead existing on unpaved median and shoulder areas of some of its roadways. The lead contamination is believed to come from the use of leaded gasoline and fuels that were used for many years by the state's driving population. Testing indicates the soil shows elevated lead levels compared to ambient non-highway environments, but normally not above the 1000 mg/kg TTLC hazardous waste criteria as defined in 22 CCR section 66261.24. While the total lead levels are normally not a concern, a significant number of samples, particularly in the top 6 inches of soil, have shown soluble lead levels in excess of 22 CCR criteria of 5.0 mg/I STLC. The low levels of aerially-deposited lead are normally found within 30 feet of the edge of pavement and are concentrated in the top 6 inches (if present) with lesser amounts down to a depth of two to three feet With DTSC variance approval, soils identified as containing low levels of lead (total or soluble)that are excavated for the improvement of transportation corridors would be reused within the transportation corridor in accordance with variance conditions. It is anticipated that a variety of methods will be identified for the reuse of these soils. Currently, Caltrans has envisioned its use in embankments, and widening and flattening thereof; use as backfill for structures, retaining walls, trenches and depressions resulting from the removal of obstructions; as road base fill; contouring of fill areas; raising grades e.g., Park & Ride lots; and the placement of soils under the traveled way. Additional uses of these soils may be identified as Caltrans designs more projects with reuse of these soils in mind. Attached are two examples of proposed methods for the placement of lead-containing soils within the project as sub-base and fill area behind a retaining wall (See Exhibit 5). These plans are conceptual examples, and do not necessarily apply directly to specific projects in District 4, 6, 7, 8, 10, 11, and 12. 1. Proposed Storage Lifetime The placement of low-level lead-contaminated soils within the embankments, fills, and subsurface structures of the freeway facilities is envisioned to be a long-term storage of these soils. Normally a highway has a design life of 30 years, however, many roadways now have life spans in excess of 30 years, with some newer freeways being designed for 50 year life spans. At the end of the facility design life span the facility will normally be upgraded (widened and resurfaced) or maintained as is for the foreseeable future. Very rarely are high-occupancy alignments abandoned. 2. Management Practices The following describes handling methods used from the point of generation to placement or storage of the soils: A. Clearing and Grubbing: • Cleanng and grubbing of the construction area is generally performed in advance of excavation and grading operations. This work consists of clearing all vegetable growth, such as trees, logs, upturned stumps, roots of down trees, brush, grass, weeds, and all other objectionable material, including concrete or masonry, within the highway construction areas. Unless otherwise specified, the entire length of the Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 4 project is cleared. Dirt, sediment, or soil clinging to this material are separated at the location of removal. B. Excavation: Selected soil excavation consists of excavation involved in the grading and construction of the roadway. Soils with lead contamination will be defined in the plans as material that is excavated from an identified location within the right-of-way, as shown on the plans or specified in the special provisions of each contract. Excavation is done to grade tolerance and can vary no more than .05 foot to .1 foot above or below the grade established by the Engineer and/or plans. With contaminated soils, excavation operations will be conducted in such a manner that haul vehicles will not travel over the contaminated soils. During excavation the contractor must comply with all the requirements set forth in Divisions 11,12,13,14, and 15 of the Vehicle Code. Equipment will normally include graders, scrapers, front end loaders, dump trucks, and tractor/trailer trucks. C. Hauling: • When practicable, the contaminated soil will be hauled directly from excavation point to its final position where it will be placed and compacted to meet roadway compaction specifications. Any spillage resulting from hauling operations along or across the traveled way will be removed immediately by the contractor. As shown on the plans, vehicles will be loaded within the limits of excavation. When loaded, no soi!will extend above the sides or rear of the vehicle. Vehicles will be covered during the haul. In some instances, primarily due to construction restrictions, it may not be practical to place contaminated soil directly into its final placement point In these cases, the soil will be stockpiled in a designated area while waiting for placement on the project D. Dust Control: This work consists of applying either water or dust palliative, or both, for the alleviation or prevention of dust Dust resulting from the performance of the work, either inside or outside the right-of-way, shall be controlled by the contractor. Water for use in the work may be potable or non-potable. If the contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste must meet the California Department of Health Services water reclamation criteria and the Regional Water Quality Control Board requirements. The standard and special provisions of each contract specifically address and inform the contractor of the need for stringent dust control measures. In addition, Caltrans must comply with any local air district's fugitive dust control rules for construction activities. E. Erosion Control: Where erosion of soil may cause water pollution due to the nature of the soil or the season of the year, the contractor shall install permanent erosion control features concurrently with or immediately following grading and or placement operations. Soil derived from roadway work will not be deposited in stream channels or where it would be washed away by stream flows. Soil will not be allowed to drift onto pavement Erosion control plans from the contractor are mandated by the standard specifications. Special provisions of each contract for covering or protecting stockpiles of these soils will be included in contracts where immediate placement of these soils is not possible. Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page F. Ultimate Disposition of Waste: ing walls, Contaminated soil will be placed in embankments,n placed and moisture in general lwill depend on finaas, behind llnplacementand below pavement or shoulder sections P "AggregatenSub- location. Placement and compaction will conform to standard provisions"Earthwork"" and te spe base". Contaminated soil will be used as shown on the construction plans or specified cial provisions of each contract. Contaminated SOovis ons fo not used aplacins a 9 mbalayer nkment soipo struced 1n the cture backfilay prism in accordance with standard P When contaminated soils are shown on the plans or designated in the special provisions of each contract as a specified layer, spreading and compacting the soil shall conform to standard aggregate sub-base provisions. 3. Operational Procedures Under the heading of public safety, the contractor is required to provide site security in all contracts. These provisions include conforming to all OSHA requirements, lighting for night work, signs, traffic control, flagging, maintaining and/or providing fencing, temporary railing, and barricades. A. Site security: Fencing on each freeway project will change depending on the site conditions and the presence or absence of sound walls. Caltrans uses barbed wire fence,wire mesh fence and chain link fence. Barbed wire and wire mesh fences consist of five lines of barbed wire or wire mesh and three linesn eachf barbed bed wir are fastened to metal posts or wood posts. The required fencing is specified ract Both typesduringthe course of the contract and is The contractor is required to maintain fencing anddsite�s security responsible for preventing damage and repairing When the following conditions exist, the general contractor is required to install a temporary railing between any lane carrying public traffic and any excavation, obstacle or storage area: 1. Excavations. Any excavation near the edge that is 12 feet or less from the edge of the lane, except a. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. b. Excavations less than one foot deep. c. Trenches less than one foot wide for irrigation pipe or electrical conduit or excavations less than one foot in diameter. d. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. e. Excavations in side slopes, where the slope is steeper than 4:1. r Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 6 2. Storage Areas. Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the work areas, the contractor must close the adjacent traffic lane unless otherwise provided in the specifications. These closures are based on traffic speed. When traffic speeds are over 45 miles per hour, as would be expected on a freeway, and work is within 6 feet of a traffic lane, the adjacent lane must be closed. B. Inspection Schedule: The Resident Engineer(RE) and her/his designated inspectors provide constant overview and authority on the following: all questions relating to the work performed, all questions that may arise as to the interpretation of the plans and specifications, and, all questions as to the acceptable fulfillment of the contract on the part of the contractor. Her/his decisions are final and she/he has the authonty to enforce and make effective such decisions and orders that the contractor fails to carry out promptly. A project log is maintained by the RE detailing any decisions and/or variations from the contract requirements. Estimated quantities and location of contaminated soils will be recorded by the RE as part of the project • documentation. Before the start of work, the contractor designates in writing, an authorized representative who has the authority to act for the contractor. The representative must be present at the site of work at all times while work is actually in progress on the contract. When work is not in progress, or during periods when work is suspended, arrangements are made for any emergency work that may be required. The Caltrans RE has, at all times, safe access to the work during its construction. All work done and all materials used are subject to her/his inspection. Projects financed in whole or part by Federal funds are subject to inspection at all times by the Federal agency involved. Preparedness and Prevention Requirements: 1. Equipment For each contract, the contractor identifies each piece of equipment, other than hand tools, by means of an identifying number plainly stenciled or stamped on the equipment at a conspicuous location, and furnishes to the RE a list giving the description of each piece of equipment and its identifying number. The make, model number, and empty gross weight of each unit of compacting equipment are stamped or stenciled on the unit. The gross weight is either the manufacture's rated weight or the scale weight. All meters and scales are identified, rated, and marked. Certain specifications may provide that equipment of a particular size and type is to be used to perform portions of the work. The contractor may request in writing, permission to use equipment of a different size or type in place of the equipment specified. The contractor may be required to furnish evidence the equipment proposed is capable of producing work equal to, or better-than, that which can be produced by the equipment specified. Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 7 2. Communications: • Caltrans' vehicles are equipped with two-way radios with the radio base being the construction office. The radio is monitored by office personnel while vehicles are in the field. 3. Backup Contract Caltrans has a Construction Emergency Contract with 12 (this number will vary by year)contractors who are able to mobilize within 24 hours. This contract is available to perform right-of-way clearance of hazardous materials found during construction. 4. Prevention of Reaction of Ignitable, Reactive and Incompatible Wastes: The contaminant of concern is lead in soil. The lead appears to be present due predominately to vehicle emissions. Lead is non-reactive in this form. The presence of lead is determined prior to construction using a site investigation contract If other elements or chemicals are suspected during this investigation, additional testing is done to identify and quantify these materials. Any soils identified as hazardous waste due to other elements or chemicals outside of those identified in the variance, will be managed and • disposed of at a waste facility authorized to accept such waste. If the contractor encounters unexpected materials that she/he suspects to be hazardous, the construction emergency contract can be used to investigate and identify constituents and concentrations. Removal and disposal of hazardous waste can be done by the construction emergency contractor. 5. Contingency Plan: Contingencies to handle truck spills of soil with lead, dust control, erosion control, and unidentified waste have been discussed in previous sections. 6. Personnel Training and Safety:. Personnel training and safety are part of Caltrans' program and are required of the contractor in the special provisions of each contract Caltrans has developed and provided training on the presence of lead in soil along the right-of-way to construction personnel. This class addressed the health nsks associated with lead, the levels of lead present in soil next to the right-of-way, the personnel air monitoring conducted on contractor and Caltrans personnel and the monitoring results. Regulatory requirements and waste management issues unique to lead-contaminated soil were also addressed. The Cattrans safety office develops policy and guidance for construction. The office has a Certified Industrial Hygienist on contract to provide air monitoring and assistance to the Districts in dealing with exposure to lead. D. Contractors: The Standard Specifications require that the contractor conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California. The special provisions of each contract provide a material handout to the contractor that gives the testing results for the contract area. The special provisions of each contract then list the Title 8, section 1532.1 Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Variance Projects Page 8 requirements for health and safety related to construction projects with lead. The contractor is required to inform and train her/his personnel as required by this section. The contractor is required to develop a compliance plan, approved by a certified industrial hygienist, before beginning field work in areas with lead and submit this plan to the RE. It is the contractors responsibility to provide for the safety of traffic and the public during construction. In the standard provisions, this requirement is traffic related. The special provisions of each contract require dust control and air monitoring to ensure that dust control measures are effective. Air monitoring is also conducted to meet project specific Air Quality Management District permit requirements. III. )environmental Setting The variance would be implemented within the right-of-way of State highways in urbanized and some rural areas where construction projects are planned to widen roads, add high occupancy vehicle lanes, change interchange configurations, construct sound walls, add Park& Ride facilities and install pumping plant facilities to control surface drainage. These are planned projects funded through local, state, and federal transportation improvement programs and are being constructed for traffic improvement and safety reasons. The highway corridors are state-owned property in the urban areas of Caltrans District 4 (San Francisco Bay Area), Caltrans District 6 (Fresno, Kern, Kings, Madera, and Tulare Counties), Caltrans Districts 7, 8, and 12 (Los Angeles Basin) Cattrans District 10 (Alameda, Arnador, Calaveras, Merced, San Joaquin, and Stanislaus Counties) and Cattrans District 11 (San Diego metropolitan area). The properties are generally two to eight-lane concrete or asphalt-paved corridors and are fenced for access control. Shoulders and median areas may be paved or composed of graded fill or native sedimentary soils. Soils undertying traveled lanes are generally composed of graded fills and base soil aggregate for structural support Surface drainage is controlled by sloping of lanes to direct rain runoff to medians, shoulders, and then drain inlets or side ditches. Drainage control is necessary to prevent damage to the pavement structure and for safety purposes. Drainage inlets may lead to pumping plants that lift water to storm drains or directly into storm drains. For parking lots, drainage is directed to drainage inlets. Drainage inlets are grated to prevent entry and keep trash and debris out as much as possible. Shoulder areas or dirt areas are normally planted with landscaping or erosion control plant material that may include ground covers, shrubs and trees. Lighting is normally provided in urban areas and at interchange or overhead sign locations. IV. Regulatory Background It is premature to provide specific information about sites where this variance will be implemented. Such information is not yet available on a broad scale that covers the seven Caltrans Districts. Specific site information has been or will be generated for each individual project that has undergone or will undergo a separate CEQA assessment. In addition to CEQA conformity, other agency permits and approvals are still necessary and are neither circumvented nor preempted by the issuance of the variance. Each future highway project will be required to secure all necessary permits and approvals from the appropriate resource agencies, e.g., California Department of Fish and Game, the Regional Water Quality Control Board, the local Air Quality Management Districts, the State Historic Preservation Office of the California Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 9 Department of Parks and Recreation, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, Federal Highway Administration, etc. V. Consistency with Existing Zoning. Plan's. and Other Applicable Land Use Controls The activities allowed by this variance would be conducted within certain existing state-owned right-of-way transportation corridors located in Districts 4, 6, 7, 8, 10, 11, and 12. These areas are designated for transportation. Therefore, the variance activities associated with the transportation projects would be consistent with this designation. VI. Persons who Prepared and Participated in the Initial Study Valetti Lang Robert Piacentini DTSC - Headquarters Permitting Division Hazardous Waste Management Program 400 P Street, Fourth Floor P.O. Box 806 Sacramento, California 95812-0806 Lynne Rodrian DTSC - Headquarters Office of Environmental Analysis, Regulations, and Audits 400 P Street, Fourth Floor P.O. Box 806 Sacramento, California 95812-0806 Background Environmental information Edward !mai Caltrans Headquarters 1120 N Street, MS 27 Sacramento, California 95814 (916)653-3876 James Carlisle DTSC Office of Scientific Affairs Waste Evaluation Unit P.O. Box 806 Sacramento, California 95812-0806 Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 17 ---------------------- 3. Surface and Ground Water �__�_��____�____�_______. Qescnotion of Environmental Setting: The excavation or placement of lead-contaminated soil will take place within existing highway rights-of- way. The activities allowed by this variance will not be within or adjacent to stream channels, other bodies of water, or 100-year floodplains, except where approved after separate project level evaluation under CEQA and other applicable law,with application of appropriate mitigation or preventive measures. To prevent contaminated run-off, the Caltrans contractor will be required to install permanent erosion control features concurrently with or immediately following grading and or placement operations. Special provisions for covering or protecting stockpiles of lead-contaminated soil will be included in contracts where immediate placement will not take place. Any spillage resulting from hauling operations along or across the traveled way will be removed immediately by the contractor. Lead is relatively insoluble in soils at near-neutral pH levels. Sampling by Caltrans has found pH levels of 6 to 8 in roadside soil, which are near neutral pH levels. While the lead is in soil, it possesses physical and chemical characteristics that render it insignificant as a hazard to human health and safety, livestock; and wildlife. When it leaches out into water, however, it may have certain adverse effects. Therefore, based on the risk assessment prepared by DTSC, the variance conditions require the following actions specifically for groundwater and surface water protection as described below: a) Caltrans shall manage all soil contaminated with lead with contaminant concentrations such that it is considered a hazardous waste pursuant to HSC 25117 and 22 CCR, Div 4.5, Chapter 11 as hazardous waste unless the contaminant concentrations and management practices meet the following conditions: 1. Soil containing 500 ug/l extractible lead or less(based on a modified waste extraction test using deionized water as the extractant) and 350 ppm or less total lead may be used as fill provided that the lead-contaminated soil is placed a minimum of five(5)feet above the maximum water table elevation and covered with at least one ( foot of nonhazardous all bel at or limit on the total lead within shall be the following: Total parts per (ppm) leadstatutory limits in effect when the soil is re-used or the risk-based limit of 1496 mg/kg, whichever is less. On the effective date of this variance, HSC section 25157.8 limits total lead concentrations to 350 ppm. That section may be amended and/or expire in the future. Additionally other parts of relevant statutes may be added or amended in the future to include lead limits applicable to this variance. 2. Soil containing more than 500 ug/land less than 50 mg/I extractible lead (based on a modified waste extraction test using deionized water as the extractant) and 350 or less ppm total lead may be used as fill provided that the lead-contaminated soils are placed a minimum of five (5)feet above the maximum water table elevation and protected from infiltration by a pavement structure which will be maintained by Caltrans. Caltrans shall comply with the lead limits discussed in paragraph a) 1 above. 3. Contaminated soil with a pH < 5.0 shall only be used as fill soil under the paved portion of the roadway. • Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 18 b) Caltrans will implement appropriate health and safety procedures to.protect its employees and the public, and to prevent or minimize exposure to potentially hazardous substances. A project-specific health and safety plan must be prepared and implemented. The monitoring and exposure standards shall be based on Construction Standards in Title 22, CCR section 1532.1. c) All lead-contaminated soil that cannot be buried and covered within the same Caltrans corridor from where it originated shall be managed as a hazardous waste. d) Lead-contaminated soil will not be moved outside the designated corridor boundaries (see paragraph q) below). e) Lead-contaminated soil shall not be buried in areas where it will be in contact with groundwater or surface water. • f) Lead-contaminated soil shall be buried and covered only in locations that are protected from erosion resulting from storm water run-on and run-off. g) The lead-contaminated soil shall be buried and covered in a manner that will prevent accidental or • deliberate breach of the asphalt, concrete, and/or cover soil. h) The presence of lead-contaminated soil will be incorporated into the projects' as-built drawings. The as-built drawings shall be annotated with the location, representative analytical data, and volume of lead- contaminated soil. The as-built drawings shall also state the depth of the cover. These as-built drawings shall be retained by Caltrans until its rights-of-way or property ownership are relinquished. I) Caltrans shall ensure that no other wastes, other than the lead-contaminated soil, are placed in the burial areas. j) Lead-contaminated soil shall not be buried within ten (10)feet of culverts or locations subject to frequent worker exposure. k) Excavated lead-contaminated soil not placed into the designated area (fill area, roadbed area) by the end of the working day shall be stockpiled and covered with sheets of polyethylene or at least one foot of non-hazardous soil. The lead-contaminated soil, while stockpiled or under transport, shall be protected from contacting surface water and being dislodged or transported by wind or storm water. The stockpile covers shall be inspected at least once a week and within 24 hours after rainstorms. I) Caltrans shall ensure that all stockpiling of lead-contaminated soil remains within the specified corridor. Stockpiling of lead-contaminated soil outside the area of contamination is in direct violation of land disposal restrictions and is prohibited. m) Caltrans shall conduct confirmatory sampling, if appropriate, of any stockpile area after removal of the lead-contaminated soil to ensure that contamination has not been left behind or has not migrated from the stockpiled soil to the surrounding soils. Caltrans shall ensure that test results are kept with Caltrans project records located at the District office or a subsequent permanent location and are available to DTSC upon request. n) Caltrans shall stockpile lead-contaminated soil only on high ground (i.e. no sump areas or low points) Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 19 which will not be affected by surface water run-on or run-off. o) Caltrans shall not stockpile lead-contaminated soil in an environmentally sensitive area. p) Caltrans shall ensure that run-off which has come into contact with stockpiled lead-contaminated soil will not flow to storm drains, inlets, or waters of the state. q) Caftans may move lead-contaminated soil from one Caltrans project to another Caltrans project so long as the lead-contaminated soil remains within the same designated Caltrans corridor. Caltrans shall record this movement of lead-contaminated soil by using a bill of lading. The bill of lading must contain: 1) US DOT description including shipping name, hazard class and ID number, 2) handling codes: 3) quantity of soil; 4) volume of soil; and 5) any specific handling instructions. The bill of lading shall be referenced in and kept on file with the project's as-built drawings. Lead-contaminated soil must be kept covered during transportation. r) For each specific corridor where this variance is to be implemented, all of the following information will be submitted in writing to DTSC at least five (5)days before construction of any project begins: 1. a plan drawing designating the boundaries of the corridor where lead-contaminated soils will be excavated, stockpiled, buried and covered; 2. a list of the Caltrans projects that the corridor encompasses; 3. a list of Caltrans contractors that will be conducting any phase of work on any project affected by this variance; 4. duration of corridor construction; 5. location where sampling and analytical data used to make lead concentration level determinations are kept(e.g. a particular Cattrans project file); 6. name and phone number(please include area code) of project resident engineer, 7. location where Caltrans and contractor health and safety records are kept 8. location of project special provisions (including page or section number)for soil excavation, transportation, stockpile, burial and placement of cover matenal; 9. location of project drawings (including drawing page number)for soil excavation, bunal and placement of cover in plan and cross section (For example, "The project plans are located at the resident engineer's office located at Th and Main Streets, City of Fresno,. See pages xxxx of contract x)oo"'); 10. If a Caltrans project within the corridor is added, changed or deleted, Cattrans must update the information provided to DTSC five (5)days before construction begins; and 11. The type of environmental document for each project, date of adoption, and where the document is available for review. Prior to finalizing the environmental document for a project, Department of Toxic Substance Control Initial Study Special Checklist for Caltrans Vanance Projects Page 20 Caltrans shall comply with the following: • A. A copy of Notice of Exemption for any project shall be submitted to the DTSC Headquarters Project Manager within five (5) days of signing. B. A copy of the initial study and any proposed Negative Declaration or environmental impact report for any project shall be submitted to the DTSC. Headquarters Project Manager at the beginning of the formal public notice period, the current name, address and phone number can be obtained from the Chief of DTSC's Permitting Division, as specified below. C. A copy of the Notice of Preparation for any project shall be submitted to DTSC. s) Changes in location of lead-contaminated soil placement, quantities or protection measures (field changes)will be noted in the resident engineers project log within five (5) days of the field change. t) Caltrans shall ensure that field changes are in compliance with the requirements of this variance. • u) If areas subject to the terms of this variance are sold, relinquished or abandoned (including roadways), all future property owners shall be notified in writing in advance by Caltrans of the requirements of this variance, and Caltrans shall provide the owner with a copy of the variance. A copy of such a notice shall be sent to DTSC. and contain the corridor location and project. Caltrans shall also disclose to the new owner the location of areas where lead-contaminated soil has been buried. Future property owners will be subject to the same requirements as Cattrans. DTSC retains the right to modify or revoke this variance pursuant to HSC 25143 upon a change of ownership or at any other time. Ref Variance Application