4.8 HAZARDS AND HAZARDOUS MATERIALS

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1 4.8 HAZARDS AND HAZARDOUS MATERIALS This section describes the current hazardous materials system in San Joaquin County, analyzes the potential impacts of the 2014 RTP/SCS on hazards and hazardous materials, identifies mitigation measures for impacts, and evaluates the residual impacts. (Note: that contamination of water resources is addressed in Section 4.13 Water Resources, wildfire risk is discussed in Section Fire Protection, and air toxics are addressed in Section 4.3 Air Quality.) ENVIRONMENTAL SETTING Hazardous Materials Hazardous Materials Defined Under Title 22 of the California Code of Regulations (CCR), the term hazardous substance refers to both hazardous materials and hazardous wastes. Both of these are classified according to four properties: toxicity, ignitability, corrosiveness, and reactivity. 1 A hazardous material is defined as a substance or combination of substances that may cause or significantly contribute to an increase in serious, irreversible, or incapacitating illness, or may pose a substantial presence or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous wastes are hazardous substances that no longer have practical use, such as materials that have been discarded, discharged, spilled, or contaminated or are being stored until they can be disposed of properly. 2 While hazardous substances are regulated by multiple agencies, cleanup requirements are determined on a case-by-case basis according to the agency with lead jurisdiction over the project. Public health is potentially at risk whenever hazardous materials are, or will, be used. It is necessary to differentiate between the hazard of these materials and the acceptability of the risk they pose to human health and the environment. A hazard is any situation that has the potential to cause damage to human health and the environment. The California Department of Toxic Substances Control (DTSC) determines the risk to health and public safety by the probability of exposure, in addition to the inherent toxicity of a material. Factors that can influence the health effects when human beings are exposed to hazardous materials include: the dose the person is exposed to, the frequency of exposure, the duration of exposure, the 1 CCR Title 22, Chapter 11, Article 3 2 CCR Title 22, Chapter 11, Article 2, Section Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

2 exposure pathway (route by which a chemical enters a person s body), and the individual s unique biological susceptibility. Hazardous Waste Generation and Management There are four general categories of waste management: source reduction, recycling, treatment, and residuals disposal. All of these activities can occur on-site at the location where they are generated. Recycling, treatment, and disposal can also occur off-site but require additional intermediate support to store and transport waste. The generation and handling of hazardous waste in the region is monitored by the US Environmental Protection Agency (EPA); Central Valley Regional Water Quality Control Board; San Joaquin Valley Air Pollution Management District; and the Environmental Health Division of the San Joaquin County Department of Public Health Services. Businesses that generate hazardous waste are either Large- Quantity Generators (e.g., heavy industrial or commercial facilities) or Small-Quantity Generators (e.g., dry cleaners, automotive repair shops, etc.); these businesses require an EPA identification number used to monitor and track hazardous waste activities. Certain land uses may also serve as an indication that there is a potential for generating hazardous materials or waste, or existing hazardous materials or waste may be present. Hazardous wastes can be generated during a transportation project s construction activities. Common examples include oil, transmission fluids, fuels, solvents, and adhesives. Unless standard precautions are taken during construction, these wastes can be released into the environment. Transportation of Hazardous Materials The transportation of hazardous materials within the State of California is subject to various federal, state, and local regulations. It is illegal to transport explosives or inhalation hazards on any public highway not designated for that purpose, unless the use of the highway is required to permit delivery, or the loading of such materials (California Vehicle Code Sections 31602(b), 32104(a)). The California Highway Patrol (CHP) designates through routes to be used for the transportation of hazardous materials. Transportation of hazardous materials is restricted to these routes except in cases where additional travel is required from that route to deliver or receive hazardous materials to and from users. There are several risks associated with the transportation-related use of hazardous materials in the San Joaquin COG region. Actual transport of hazardous materials via truck, rail, and other modes involves a degree of risk of accident and release. The use of hazardous materials and the generation of hazardous waste in the construction and maintenance of the transportation system are other avenues for risk or Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

3 exposure. Finally, past disposal of hazardous materials in a manner that creates residual contamination of soil or water can be a source of risk when such sites are disturbed in the course of future transportation projects or associated development. Each of these avenues is discussed below. Hazardous materials move through San Joaquin County by a variety of modes: truck, rail, air, ship, and pipeline. According to the Office of Hazardous Materials Safety (OHMS) in the US Department of Transportation (USDOT), hazardous materials shipments can be regarded as equivalent to deliveries, but any given shipment may involve one or more movements, or trip segments, that may occur by different modes. For instance, a shipment might involve initial pickup by truck (one movement), a transfer to rail (a second movement), and a final delivery by truck again (for a total of three movements). Each movement of hazardous materials implies a degree of risk, depending on the material being moved, the mode of transport, and numerous other factors. Aside from rail, pipeline, and water shipments, vehicles transporting hazardous materials through San Joaquin County use many of the same freeways, arterials, and local streets as other traffic in the region. This creates a risk of accidents and associated release of hazardous materials for other drivers and for people along these routes, as does the use of rail modes for hazardous materials shipments. According to the USDOT, Hazardous Materials Information System, in 2013, highways accounted for the largest share of hazardous materials incidents, with a total of 13,057 incidents or 86.3 percent of total incidents. Air accounted for 8.9 percent of total hazardous materials incidents, followed by rail and water transport. 3 Radioactive Materials A majority of nuclear power plants in California were proposed but never built, furthermore the constructed and previously operating nuclear power stations within the state are now inoperative. The closest nuclear power plant to San Joaquin County which operated until June 1989 was the Rancho Seco Plant, located in Herald near Sacramento. Contaminated Sites Various federal, state, and local regulatory agencies maintain lists of hazardous materials sites where soil and/or groundwater contamination is known or suspected to have occurred, typically as a result of leaking storage tanks or other spills. These facilities are readily identified through regulatory agency database searches, such as the State Water Board GeoTracker online database, the DTSC Envirostor online 3 United States, State Department of Transportation Hazardous Materials Information System. azmatwebsiteuser1&portalpath=/shared/public%20website%20pages/_portal/10%20year%20incident%20summ ary%20reports,2013. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

4 database, and several other federal, state, and local regulatory agency databases. Table 4.8-1, Description of Regulatory Agency Databases, identifies key database references for hazardous materials. Table Description of Regulatory Agency Databases Acronym NPL RCRIS CERCLIS CORRACTS RAATS Geotracker PADS CHMIRS ERNS CALSITES CORTESE LUST UST HIST UST CA FID Name and Description of Database The National Priorities List (NPL) of Superfund Sites is EPA s database of more than 1,200 sites designated for priority cleanup under the Superfund program. NPL sites may encompass relatively large areas. The Resource Conservation and Recovery Information System (RCRIS) is an EPA database that includes selective information on sites that generate, transport, store, treat, and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Identification on this list does not indicate that there has been an impact on the environment. Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) is an EPA database that contains information on potential hazardous waste sites that have been reported to EPA by states, municipalities, private companies, and individuals, pursuant to Section 103 of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLIS contains sites that are either proposed for or on the NPL, as well as sites that are in the screening and assessment phase for possible inclusion on the NPL. Corrective Action Report (CORRACTS) is an EPA database that identifies hazardous waste handlers with RCRA corrective action activity. RCRA Administrative Action Tracking System (RAATS) is an EPA database that contains records based on enforcement actions issued under RCRA pertaining to major violators, and includes administrative and civil actions brought by EPA. Geotracker is the State Water Resources Control Board s Internet-accessible database system used by the state board, regional boards, and local agencies to track and archive compliance data from authorized or unauthorized discharges of waste to land, or unauthorized releases of hazardous substances from underground storage tanks. PCB Activity Database System (PADS) is an EPA database that identifies generators, transporters, commercial storers, and/or brokers and disposers of polychlorinated biphenyls (PCBs) who are required to notify EPA of such activities. The California Hazardous Material Incident Report System (CHMIRS) contains information on reported hazardous materials incidents (i.e., accidental releases or spills). The source of this information is the California Office of Emergency Services. The Emergency Response Notification System (ERNS) records and stores information on reported releases of oil and hazardous substances. The source of this database is the US EPA. List of hazardous waste and substances sites from the DTSC Envirostor database. The Cortese database identifies public drinking water wells with detectable levels of contamination, hazardous substance sites selected for remedial action, sites with known toxic material identified through the abandoned site assessment program, sites with underground storage tanks (USTs) having a reportable release, and all solid waste disposal facilities from which there is known hazardous substance migration. The source of this database is the California Environmental Protection Agency (CAL-EPA). The Leaking Underground Storage Tank (LUST) Incident Reports contain an inventory of reported leaking underground storage tank incidents. This information comes from the State Water Resources Control Board Leaking Underground Storage Tank Information System. The Underground Storage Tank (UST) database lists registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The UST information comes from the State Water Resources Control Board s Hazardous Substance Storage Container Database. The Hazardous Substance Storage Container Database is a historical listing of UST sites. The data source is the State Water Resources Control Board. The Facility Inventory Database (CA FID) lists active and inactive underground storage tank locations. This database is maintained by the State Water Resources Control Board. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

5 Acronym HAZNET FINDS FTTS CA SLIC EMI SWEEPS Name and Description of Database The Hazardous Waste Information System (HAZNET) includes data extracted from the copies of hazardous waste manifests each year by the State Department of Toxic Substances Control. The Facility Index System (FINDS) contains both facility information and pointers to other sources of information that contain more detail (e.g., RCRA Info, Permit Compliance System [PCS], Aerometric Information Retrieval System [AIRS]). The source of this information is the US EPA. The Federal Toxics Tracking System (FTTS) tracks administrative cases and pesticide enforcement actions/compliance activities related to the Federal Insecticide, Fungicide, & Rodenticide Act (FIFRA), Toxic Substances Control Act (TSCA), and Emergency Planning and Community Right-to- Know Act (EPCRA). The source of this data is the Environmental Protection Agency (EPA) Office of Prevention, Pesticides, and Toxic Substances. The statewide Spills, Leaks, Investigations, and Cleanups (CA SLIC) database includes unauthorized discharges from spills and leaks, other than from underground storage tanks or other regulated sites. The data source is the State Water Resources Control Board. Emissions Inventory Data (EMI) is comprised of toxics and criteria pollutant emissions data collected by the state Air Resources Board and local pollution agencies. The Statewide Environmental Evaluation and Planning System (SWEEPS) UST list, which is no longer maintained or updated, was under the purview of the State Water Resources Control Board. Other agencies (e.g., as identified above) now maintain UST records. Source: State Water Board, EPA, DTSC, 2013 Various activities have contaminated several sites throughout San Joaquin County. Activities associated with specific businesses and improper disposal of hazardous waste, both legally and illegally have affected groundwater and soils throughout the area. The Department of Toxic Substances Control (DTSC) maintained a database, known as CalSites, which contained information on properties in California where hazardous substance were released, or where the potential for a release exists. In 2006, DTSC launched its brownfields site database, EnviroStor, which provides similar information to CalSites, including identification of formerly contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites. The DTSC has identified 118 sites in the County, and include sites in Stockton, French Camp, Lathrop, and Holt. In addition to the DTSC EnviroStor Database, the US Environmental Protection Agency, (EPA), has created the Office of Underground Storage Tanks to carry out a Congressional mandate to develop and implement a regulatory program for underground storage tank (UST) systems. An underground storage tank (UST) system is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground. The federal UST regulations apply only to underground tanks and piping storing either petroleum or certain hazardous substances. When the UST program began, there were approximately 2.1 million regulated tanks in the United States. Today, there are far fewer regulated tanks, since many substandard UST systems have been closed. Nearly all Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

6 USTs at these sites contain petroleum. These sites include marketers who sell gasoline to the public (such as service stations and convenience stores) and non-marketers who use tanks solely for their own needs (such as fleet service operators and local governments). USEPA estimates about 25,000 tanks hold hazardous substances covered by the UST regulations. 4 The greatest potential hazard from a UST is that the petroleum or other hazardous substance can seep into the soil and contaminate groundwater, the source of drinking water for nearly half of all Americans. A UST can present other health and environmental risks, including the potential for fire and explosion. Until the mid-1980s, most USTs were made of bare steel, which is likely to corrode over time and allow UST contents to leak into the environment. Faulty installation or inadequate operating and maintenance procedures also can cause USTs to release their contents into the environment. The Regional Water Quality Control Board (RWQCB), has created the Geotracker database, which tracks and archives information for soil, vapor, and groundwater of leaking underground storage tanks (LUST) cases and non-ust clean-up sites, including Site Cleanup Program Sites (formerly referred to as Spills- Leaks-Investigations-Cleanups (SLIC) sites), Military Sites (formerly referred to as Department of Defense sites [DOD]), and Land Disposal (Land Fill) Sites. Table 4.8-2, Geotracker Active Sites in San Joaquin County, provides the number and locations of the various open sites in the County. The listed sites may be in various stages of review. (The table does not include sites which are open but eligible for closure, have been classified as remediation, or permitted USTs.) Table Geotracker Active Sites in San Joaquin County Site/Facility Type Number of Sites Locations Land Disposal Site 69 Acampo, French Camp, Holt, Linden, Manteca, Ripon, San Joaquin County, Stockton, Tracy, Victor, Lathrop, and Lodi, Cleanup Program Site 55 French Camp, Holt, Lathrop Lodi, Ripon, Stockton, Tracy, and Vernalis Lust Cleanup Site 42 Lathrop, Manteca, Stockton and Tracy Land Disposal Site 3 Stockton and Tracy Military Base 4 Lathrop, Stockton, and Tracy Source, Regional Quality Control Board, Geotracker Database, 2014 Notes: Referred sites are sites that based on limited information available to the DTSC, appear to be more appropriately addressed by the EPA. 4 US EPA, Tanks and Containment/Underground Storage Tanks, ttan.html#underground Storage Tanks, Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

7 Schools California Environmental Quality Act (CEQA) Guidelines require EIRs to assess whether a project would emit hazardous air emissions or involve the handling of extremely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school. Children are particularly susceptible to longterm impacts from emissions of hazardous materials from roadways near schools as well as high-volume motor vehicle travel on roadways through residential areas. There are numerous schools located throughout the San Joaquin region. For a detailed discussion of schools, refer to Section , Schools, and Section 4.3 Air Quality. Airports Hazards associated with airport operations are generally associated with aircraft accidents. Aircraft accidents of most concern occur during takeoff and landing operations during which aircraft are operated close to the ground and within close proximity to one another. Potential hazards around an airport can be increased due to many external factors such as incompatible land uses in the vicinity of the airport, installation of power transmission lines, wildlife hazards (i.e., bird strikes, migrating wildlife, etc.), and construction of tall structures. In order to mitigate the potential hazards of tall structures within the vicinity of an airport, the Federal Aviation Administration (FAA) established an airport height restriction area, defined by Federal Aviation Regulation (FAR) Part 77. FAR Part 77 establishes imaginary surfaces around an airport where a structure is considered to pose a hazard to an aircraft. FAR Part 77 requires that the FAA be notified prior to construction of any structure that would pierce these imaginary surfaces. However, the FAA cannot prohibit the construction of such structures. The State of California goes further, requiring that a permit be obtained from the State Division of Aeronautics prior to construction of such a structure. In addition to imaginary surfaces, a safety restriction area is established around airports within which it is assumed that hazards may exist to people or structures on the ground in the event of an aircraft accident. Nationwide studies of aircraft accidents have found the following: Almost half of all accidents occur on airport property. An additional 15 percent of aircraft accidents occur outside airport property but within 1 mile of the airport runway(s). A substantial concentration of aircraft accidents occur within the initial climb-out and the final approach sectors of airports. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

8 Further refinement of these data points to an increased risk near the ends of the runway and under the airport traffic pattern. In order to reduce these risks, especially those related to land use in these area, safety restriction areas are established around airports which restrict certain land uses in the vicinity of the airport. Typically, three types of areas are established. The clear zone is an area at each end of the runway(s) within 200 feet of the runway threshold. The clear zone is the most restrictive safety area. The approach/departure zone extends beyond the clear zone and is aligned with the runway as well. The overflight zone represents the area commonly overflown by aircraft utilizing the airport. The overflight zone surrounds the airport and is the least restrictive safety area. Imaginary surfaces and safety restriction areas are established by the FAA and are included in the local ALUCP for each airport. The ALUCP establishes guidelines for development in the vicinity of the airport in the areas of noise impacts, safety hazards, and height restriction. Table 4.8-3, Airports in San Joaquin County, lists the six public use airports in the San Joaquin County. Table Airports in San Joaquin County Airport Kingdon Executive Airport Lodi Airport Lodi Precissi Airpark New Jerusalem Airport Stockton Metropolitan Airport Tracy Municipal Airport Location Lodi Lodi Lodi Vernalis Stockton Tracy Source: San Joaquin COG, 2013 Ports The Port of Stockton is located in San Joaquin County, on the Stockton Deepwater Ship Channel, 75 nautical miles east of the Golden Gate Bridge. The Port owns and operates a major, diversified intermodal transportation center that encompasses more than 2,000 acres of operating area and real estate. The Port of Stockton has over 11,000 lineal feet of waterside docking for berthing and cargo operations of up to 17 vessels, as well as 1.1 million square feet of dockside transit sheds and shipside rail trackage, with 40 miles of rail track that can be served by Union Pacific (UP) or Burlington Northern Santa Fe (BNSF) Railroads. Existing facilities include 7.7 million square feet of warehousing for both dry bulk and general cargo, which compose the largest percentage of the Port s dockside operations. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

9 Stockton s deepwater channel has an average depth of 37 feet at average low tide and 40 feet at average high tide. Panamax-sized vessels with load capacity up to 45,000-ton dead-weight class, which are fully loaded, and partially loaded 80,000-ton dead-weight vessels can be accommodated. There is no width restriction of vessels, and ships up to 900 feet in length can navigate the Stockton Ship Channel. The Port is 1 mile from I-5 and all interconnecting major highway systems. The nearest port of entry for container cargo is the Port of Oakland REGULATORY SETTING Federal Federal Aviation Administration The FAA is responsible for the safety of civil aviation. The Administration issues and enforces regulations and minimum standards covering manufacturing, operating, and maintaining aircraft, as well as certify airmen and airports that serve air carriers. The Administration s major roles include: Regulating civil aviation to promote safety Encouraging and developing civil aeronautics, including new aviation technology Developing and operating a system of air traffic control and navigation for both civil and military aircraft Researching and developing the National Airspace System and civil aeronautics Developing and carrying out programs to control aircraft noise and other environmental effects of civil aviation Regulating US commercial space transportation Hazardous Materials Transportation Act The Hazardous Materials Transportation Act, as amended, is the basic statute regulating hazardous materials transportation in the United States. The purpose of the law is to provide adequate protection against the risks to life and property inherent in transporting hazardous materials in interstate commerce. This law gives the US Department of Transportation (DOT) and other agencies the authority to issue and enforce rules and regulations governing the safe transportation of hazardous materials San Joaquin County General Plan Update, Transportation and Circulation Element Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

10 Department of Transportation Regulations The Secretary of the Department of Transportation receives the authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act (HMTA), as amended and codified in 49 USC et seq. The Secretary is authorized to issue regulations to implement the requirements of 49 USC. The Pipeline and Hazardous Materials Safety Administration (PHMSA) (formerly the Research and Special Provisions Administration [RSPA]) was delegated the responsibility to write the hazardous materials regulations, which are contained in 49 CFR Parts Under the HMTA the Secretary: may authorize any officer, employee, or agent to enter upon inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties relate to: (1) the manufacture, fabrication, marking, maintenance, reconditioning, repair, testing, or distribution of packages or containers for use by any person in the transportation of hazardous materials in commerce; or (2) the transportation or shipment by any person of hazardous materials in commerce. Environmental Protection Agency (EPA) Regulations The EPA s mission is to protect human health and the environment. The EPA takes action to reduce risks associated with exposure to chemicals in commerce, indoor and outdoor environments, and products and food. The EPA continues to oversee the introduction and use of pesticides, improve their Integrated Risk Information System (IRIS) program, reduce radon risks, identify and address children s health risks in schools and homes, and improve chemical management practices. Oversight of chemical storage and manufacturing in coordination with their interagency partners remains a key focus of the EPA, as well as efforts to reduce urban air toxics. Resource Conservation and Recovery Act (RCRA) RCRA gives the EPA the authority to control hazardous waste from the cradle-to-grave. This includes the generation, transportation, treatment, storage, and disposal of hazardous waste by large-quantity generators (1,000 kilograms/month or more). Under RCRA regulations, hazardous wastes must be tracked from the time of generation to the point of disposal. At a minimum, each generator of hazardous waste must register and obtain a hazardous waste activity identification number. If hazardous wastes are stored for more than 90 days or treated or disposed at a facility, any treatment, storage, or disposal unit must be permitted under RCRA. Additionally, all hazardous waste transporters are required to be permitted and must have an identification number. RCRA allows individual states to develop their own program for the regulation of hazardous waste as long as it is at least as stringent as RCRA. In California, the USEPA has delegated RCRA enforcement to the State of California. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

11 Comprehensive Environmental Response, Compensation, and Liability Act The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) introduced active federal involvement to emergency response, site remediation, and spill prevention, most notably the Superfund program. CERCLA was intended to be comprehensive in encompassing both the prevention of, and response to, uncontrolled hazardous substances releases. CERCLA deals with environmental response, providing mechanisms for reacting to emergencies and to chronic hazardous material releases. In addition to establishing procedures to prevent and remedy problems, it establishes a system for compensating appropriate individuals and assigning appropriate liability. It is designed to plan for and respond to failure in other regulatory programs and to remedy problems resulting from action taken before the era of comprehensive regulatory protection. Toxic Substances Control Act Congress enacted the Toxic Substances Control Act (TSCA) of 1976 to give EPA the ability to track the 75,000 industrial chemicals currently produced or imported into the United States. EPA repeatedly screens these chemicals and can require reporting or testing of those that may pose an environmental or human-health hazard. EPA can ban the manufacture and import of those chemicals that pose an unreasonable risk. Research and Special Programs Administration Regulations Research and Special Programs Administration (RSPA) regulations cover definition and classification of hazardous materials, communication of hazards to workers and the public, packaging and labeling requirements, operational rules for shippers, and training. They apply to interstate, intrastate, and foreign commerce by air, rail, ships, and motor vehicles, and also cover hazardous waste shipments. The Federal Highway Administration (FHWA) is responsible for highway routing of hazardous materials and highway safety permits. The US Coast Guard regulates bulk transport by vessel. The hazardous material regulations include emergency response provisions, including incident reporting requirements. Reports of major incidents go to the National Response Center, which in turn is linked with CHEMTREC, a service of the chemical manufacturing industry that provides details on most chemicals shipped in the US Comprehensive Environmental Response, Compensation, and Liability Act The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (generally referred to as Superfund) was enacted by Congress on December 11, CERCLA provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. CERCLA establishes requirements concerning closed and Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

12 abandoned hazardous waste sites; provides for liability of persons responsible for releases of hazardous waste at these sites; and establishes a trust fund to provide for cleanup when no responsible party can be identified. CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the NPL sites, which is the list of hazardous waste sites eligible for long-term remedial action financed under the federal Superfund program. CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, Superfund Amendments and Reauthorization Act of 1986 The Superfund Amendments and Reauthorization Act (SARA) of 1986 reauthorized CERCLA to continue cleanup activities around the country. Several site-specific amendments, definitions, clarifications, and technical requirements were added to the legislation, including additional enforcement authorities Occupational Safety and Health Act of 1970 The Occupational Safety and Health Act, which is implemented by the Federal Occupational Safety and Health Administration (OSHA), contains provisions with respect to hazardous materials handling. Federal OSHA requirements, as set forth in Title 29 of the Code of Federal Regulations (CFR) Section 1910, et. seq., are designed to promote worker safety, worker training, and a worker s right to-know. In California, OSHA has delegated the authority to administer OSHA regulations to the State of California. Title 49 of the CFR, which contains the regulations set forth by the Hazardous Materials Transportation Act of 1975, specifies additional requirements and regulations with respect to the transport of hazardous materials. Title 49 of the CFR requires that every employee who transports hazardous materials receive training to recognize and identify hazardous materials and become familiar with hazardous materials requirements. Drivers are also required to be trained in operations of their equipment and commodity specific requirements. Emergency and Community Right to Know Act The Emergency and Community Right to Know Act (EPCRA) was enacted by Congress as the national legislation on community safety. This law was designated to help local communities protect public health, safety, and the environment from chemical hazards. EPCRA was passed in response to concerns regarding the environmental and safety hazards posed by the storage and handling of toxic chemicals. EPCRA establishes requirements for federal, state, and local governments, tribes and industry regarding emergency planning and Community Right-to-Know reporting on hazardous and toxic chemicals. The Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

13 Community Right-to-Know provisions help increase the public s knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment. To implement EPCRA, Congress required each state to appoint a State Emergency Response Commission (SERC). The SERCs were required to divide their states into Emergency Planning Districts and to name a Local Emergency Planning Committee for each district. State California Environmental Protection Agency and California Department of Toxic Substances Control Regulations The California Environmental Protection Agency (Cal EPA) includes the Department of Toxic Substances Control (DTSC) whose mission it is to protect California s people and environment from harmful effects of toxic substances through the restoration of contaminated resources, enforcement, regulation, and pollution prevention. The DTSC regulates hazardous waste, cleans-up existing contamination, and looks for ways to reduce the hazardous waste produced in California. Approximately 1,000 scientists, engineers, and specialized support staff ensure that companies and individuals handle, transport, store, treat, dispose of, and clean-up hazardous wastes appropriately. Through these measures, DTSC contributes to greater safety for all Californians, and less hazardous waste reaches the environment. DTSC regulates hazardous waste in California primarily under the authority of RCRA and the California Health and Safety Code. The DTSC regulates hazardous waste, cleans up existing contamination, and researches ways to reduce the hazardous waste produced in California. In addition, the DTSC develops legislation, coordinates with lawmakers, and responds to constituent complaints. The regulations spell out what those who handle hazardous waste must do to comply with the laws. Statewide, DTSC cleans-up or oversees approximately 220 hazardous substance release sites at any given time and completes an average of 125 cleanups each year. Ensuring compliance through inspection and enforcement is an important part of effectively regulating hazardous waste. DTSC conducts roughly 200 inspections a year. DTSC s Criminal Investigations Branch has the only law enforcement officers in the Cal/EPA. These peace officers, with the powers of arrest, and search and seizure, investigate alleged criminal violations of the Hazardous Waste Control Law. They work closely with district attorneys offices, the federal Environmental Protection Agency, the Federal Bureau of Investigation, and law enforcement personnel in other states. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

14 The California Hazardous Materials Release Response Plans and Inventory Law of 1985 (Business Plan Act) requires that any business that handles hazardous materials prepare a business plan, which must include the following: Details, including floor plans, of the facility and business conducted at the site; An inventory of hazardous materials that are handled or stored on-site; An emergency response plan; and A safety and emergency response training program for new employees with annual refresher courses. California Occupational Safety and Health Administration Regulations The California Occupational Safety and Health Administration (Cal OSHA) has set forth work requirements for disturbance of Asbestos Containing Construction Materials (ACCMs) including removal operations for all types of ACCMs. In addition, the agency has developed standards for general industry and the construction industry hazardous waste operations and emergency response. Cal OSHA ensures that employers must have controls to reduce and monitor exposure levels of hazardous materials, an informational program describing any exposure during operations and the inspection of drums and containers prior to removal or opening. Decontamination procedures and emergency response plans must be in place before employees begin working in hazardous waste operations. California Office of Emergency Services Regulations The California Office of Emergency Services (CAL OES) Hazardous Materials (HazMat) Section under the Fire and Rescue Division coordinates statewide implementation of hazardous materials accident prevention and emergency response programs for all types of hazardous materials incidents and threats. In response to any hazardous materials emergency, the section staff is called upon to provide state and local emergency managers with emergency coordination and technical assistance. California Code of Regulations Title 8 This section of the California Code of Regulations regulates asbestos exposure in all worked defined in the Code s Section 1502 including, demolition or salvage of structures where asbestos is present, removal or encapsulation of materials containing asbestos, construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof, that contain asbestos, installation of products containing asbestos, asbestos spill/emergency cleanup, transportation, disposal, storage, containment of and housekeeping activities involving asbestos or products containing asbestos, on the site or location at Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

15 which construction activities are performed, and excavation which may involve exposure to asbestos as a natural constituent which is not related to asbestos mining and milling activities. Hazardous Waste Control Act The Hazardous Waste Control Act created the State Hazardous Waste Management Program, which is similar to but more stringent than the federal Resource Conservation and Recovery Act program. The act is implemented by regulations contained in Title 26 of the CCR, which describes the following required aspects for the proper management of hazardous waste: identification and classification; generation and transportation; design and permitting of recycling, treatment, storage, and disposal facilities; treatment standards; operation of facilities and staff training; and closure of facilities and liability requirements. These regulations list more than 800 materials that may be hazardous and establish criteria for identifying, packaging, and disposing of such waste. Under the Hazardous Waste Control Act and Title 26, the generator of hazardous waste must complete a manifest that accompanies the waste from generator to transporter to the ultimate disposal location. Copies of the manifest must be filed with DTSC. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program The Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) required the administrative consolidation of six hazardous materials and waste programs (Program Elements) under one agency, a Certified Unified Program Agency (CUPA). The Program Elements consolidated under the Unified Program are: Hazardous Waste Generator and On-site Hazardous Waste Treatment Programs (or Tiered Permitting ); Aboveground Petroleum Storage Tank Spill Prevention Control and Countermeasure Plan (SPCC); Hazardous Materials Release Response Plans and Inventory Program (a.k.a. Hazardous Materials Disclosure or Community-Right-To-Know ); California Accidental Release Prevention Program (Cal ARP); Underground Storage Tank (UST) Program; and Uniform Fire Code Plans and Inventory Requirements. The Unified Program is intended to provide relief to businesses complying with the overlapping and sometimes conflicting requirements of formerly independently managed programs. The Unified Program is implemented at the local government level by CUPAs. Most CUPAs have been established as a function of a local environmental health or fire department. Some CUPAs have contractual agreements with another local agency, a participating agency, which implements one or more Program Elements in coordination with the CUPA. Hazardous Materials Release Response Plans and Inventory Act of 1985 The Hazardous Materials Release Response Plans and Inventory Act, also known as the Business Plan Act, requires businesses using hazardous materials to prepare a plan that describes their facilities, Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

16 inventories, emergency response plans, and training programs. Hazardous materials are defined as unsafe raw or unused materials that are part of a process or manufacturing step. They are not considered hazardous waste. Health concerns pertaining to the release of hazardous materials, however, are similar to those relating to hazardous waste. Hazardous Waste Source Reduction and Management Review Act of 1989 This Act requires generators of 12,000 kilograms/year of typical/operational hazardous waste to conduct an evaluation of their waste streams every four years and to select and implement viable source reduction alternatives. This Act does not apply to non-typical hazardous waste (such as asbestos and polychlorinated biphenyls). California Vehicle Code The California Vehicle Code (Title 13 of the CCR) establishes regulations for motor carrier transport of hazardous materials. For example, all motor carrier transporters of hazardous materials are required to have a Hazardous Materials Transportation license issued by the California Highway Patrol. In addition, placards identifying that hazardous materials are being transported must be displayed on the vehicle. California Health and Safety Code The transport of hazardous waste materials is further governed by the California Health and Safety Code Section and Title 22, Chapter 13, of the CCR. Specifically, Section of the California Health and Safety Code requires transporters of hazardous waste to hold a valid registration issued by the DTSC in his/her possession while transporting hazardous waste. Additionally, Title 22, Chapter 13 of the CCR includes a number of requirements, which include, but are not limited to, the following: Transporters shall not transport hazardous waste without first receiving an identification number and a registration certificate from DTSC; Registration as a hazardous waste transporter expires annually, on the last day of the month in which the registration was issued; To be registered as a hazardous waste transporter, an application must be submitted; Hazardous waste shall not be accepted for transport without a Uniform Hazardous Waste Manifest that has been properly completed and signed by generator and transporter; and Hazardous waste shall be delivered to authorized facilities only. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

17 Local Fire Departments and other agencies in San Joaquin County have a variety of local laws that regulate reporting, storage and handling of hazardous materials and wastes. Title 4 Division 8 of the San Joaquin County Municipal Code outlines the handling of and regulations of hazardous materials in the County. San Joaquin County Environmental Health Department The San Joaquin County Environmental Health Department (SJCEHD), with assistance from the OES and under the CUPA Program, enforces state regulations governing hazardous waste generators, hazardous waste treatment and hazardous substance storage tanks (USTs). The SJCEHD also inspects aboveground petroleum storage tanks (ASTs) for compliance with the Spill Prevention Countermeasures and Control Program (SPCC). The SJCEHD has a responsibility to assess both compliance of recorded permits and respond to issued complaints. The SJCEHD and OES annually prepare the following reports to Cal/EPA (as required by CCR, Title 27, Section 15290): The Single Fee Summary Report (Report 2), Inspection Summery Report (Report 3), and an Enforcement Summary Report (Report 4). On a semiannual basis, each CUPA sends information pertaining to local UST program implementation to the State Water Resources Control Board using the Semi-Annual UST Program Report (Report 6). The Local Oversight Program (LOP) within the SJCEHD ensures adequate and appropriate cleanup of petroleum contamination associated with leaks from USTs. The SJCEHD performs oversight of investigation and cleanup activities at soil and groundwater contaminated sites under a contract with the State Water Resources Control Board (SWRCB). The SJCEHD also oversees the investigation and mitigation of contamination from UST releases that are confined, so the responsible parties prefer to expedite the corrective action activities with the local program pursuant to authority found in the California Underground Storage Regulations. Other sites have responsible parties that request to enter into remedial action agreement with the SJCEHD as authorized by the Health and Safety Code Section for the cleanup of simple contamination. The SJCEHD also issues permits and conducts inspections of well installations and destructions at state and federal cleanup sites and environmental assessment sites. San Joaquin County Toxic Enforcement Task Force. The San Joaquin County District Attorney s Office conducts monthly meetings as an open forum for any agency to discuss issues concerning hazardous materials or wastes enforcement and strategies for obtaining compliance with current regulations. Agencies that participate in these meetings include OES and San Joaquin County Environmental Health Department (SJCEHD), California Department of Fish Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR

18 and Wildlife, the Regional Water Quality Control Board, the San Joaquin County Sheriff s Office, the San Joaquin County Agricultural Commissioner s Office, and municipal utility districts. San Joaquin County 2009 Airport Land Use Compatibility Plan and 1993 Stockton Airport Land Use Plan The fundamental purpose of the ALUC is to carry out the statutory responsibilities required by Sections et seq. of the California Public Utilities Code (PUC). The statutes describe these responsibilities as being to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public s exposure to excessive noise and safety hazards within areas around public airports. The powers and duties of the ALUC are (as enumerated within PUC Section 21674): a) To prepare and adopt an airport land use compatibility plan for each of the airports within the commission s jurisdiction. b) To review the plans, regulations, and other actions of local agencies and airport operators pursuant to PUC Section c) To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses. d) To coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare. San Joaquin County Airport Land Use Commission The San Joaquin Council of Governments Board of Directors serves as the Airport Land Use Commission (ALUC) for San Joaquin County. The ALUC provides for the appropriate development of the areas surrounding the public airports in the San Joaquin County. Depending on location and type, proposed new land uses need to conform to the guidelines stipulated in the ALUCP. It is the responsibility of ALUC staff to work collaboratively with the incorporated cities and the County of San Joaquin, developers, and the public at-large to ensure that consistency is maintained between local land-use decision making process and the strategic areas surrounding each of the public access airports. Impact Sciences, Inc San Joaquin COG RTP/SCS Draft EIR