4.6 HAZARDS AND HAZARDOUS MATERIALS

Transcription

1 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 4.6 HAZARDS AND HAZARDOUS MATERIALS This section evaluates potential hazards and hazardous materials impacts of the proposed Modified Project. In particular, this section addresses potential Modified Project effects associated with the presence of the Beverly Hills Oil Field, which underlies portions of Century City, including the Project site. This Subsequent Environmental Impact Report (EIR) section also addresses any potential impacts from construction of the proposed Modified Project and to the future tenants of the proposed Modified Project with regard to hazards and hazardous materials resulting from operation of the proposed Modified Project and activities in the vicinity of the Project site. While this Subsequent EIR is only required to analyze changes in environmental impacts of the proposed Modified Project as compared to the Approved Project, for purposes of providing additional information for decision makers and the public, this section also analyzes the potential impacts of the proposed Modified Project as compared to existing environmental conditions. Hazardous materials generally are substances which, by their nature and reactivity, have the capability of causing harm or a health hazard during normal exposure or an accidental release or mishap, and are characterized as being toxic, corrosive, flammable, reactive, an irritant, or strong sensitizer. 1 The term hazardous substances encompasses chemicals regulated by both the United States Department of Transportation s (DOT) hazardous materials regulations and the United States Environmental Protection Agency s (EPA) hazardous waste regulations, including emergency response. Hazardous wastes require special handling and disposal because of their potential to damage public health and the environment. A designation of acutely or extremely hazardous refers to specific listed chemicals and quantities. 2 The information contained in this section is based on the certified EIR (EIR No ) for the Approved Project (November 29, 2006) (Appendix B), the EDR Radius Map Report with GeoCheck (EDR Database Report) prepared by Environmental Data Resources, Inc. (July 7, 2011) (Appendix F), and the current Project site Conditions and Evaluation of Potential Public Health Impacts Report (CSCEPPHIR) prepared by Geomatrix (February 28, 2006) (Appendix F), the City of Los Angeles General Plan Safety Element (adopted November 26, 1996), and the Los Angeles County Airport Land Use Plan (approved December 1991, revised December 2004). The online hazardous material databases Envirostar and GeoTracker were also reviewed. 3 Scoping Process During the scoping process for the proposed Modified Project, it was determined that the proposed Modified Project could have potential impacts that require additional analysis for two of the eight hazards and hazardous materials criteria for determining significance that are set forth in the Guidelines for the California Environmental Quality Act (CEQA Guidelines) and the Los Angeles CEQA Thresholds Guide. It was determined that potential impacts may result from the proposed Modified Project s implementation related to: (1) the release of hazardous materials into the environment during grading activities; and (2) the potential to encounter contaminated soils City of Los Angeles, Los Angeles CEQA Thresholds Guide, F. Hazards, Ibid. California Environmental Protection Agency, Cortese List Data Resources, Last accessed February P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13) 4.6-1

2 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES associated with the Project site s historic use that may be released into the environment during construction. It was also determined that: (1) the proposed Modified Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; (2) the proposed Modified Project would not be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section ; (3) the proposed Modified Project would not result in a safety hazard associated with private airstrips because there are no existing private airstrips in the vicinity of the Project site; (4) the proposed Modified Project would not result in a safety hazard associated with public use airports because the Project site is not within 2 miles of an airport; (5) the proposed Modified Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; and (6) the proposed Modified Project would not expose people or structures to a significant risk of loss, injury, or death involving wildfires because the Project site is not located in a wildfire hazard area. Refer to Appendix A, Initial Study/Notice of Preparation (IS/NOP), for additional discussion. Two comment letters on the NOP were received with comments pertaining to hazards and hazardous materials. The City of Beverly Hills recommended that temporary construction impacts (including access for emergency services) associated with hazards and hazardous materials be analyzed in the Subsequent EIR. The City of Beverly Hills also requested that the Subsequent EIR analyze environmental hazards associated with the Project site s past use for oil extraction purposes. Watt Companies submitted a letter that suggested that placement of the proposed Modified Project could shift air traffic patterns among the emergency heliports in the Project site vicinity. These issues are each analyzed in further detail below Regulatory Setting A number of federal, State, and local laws have been enacted to regulate the management of hazardous materials. Implementation of these laws and the management of hazardous materials are regulated independently of the CEQA process through programs administered by various agencies at the federal, State, and local levels. An overview of the key hazardous materials laws and regulations that apply to the proposed Modified Project is provided below. Federal Policies and Regulations. Several federal agencies regulate hazardous materials. These include the EPA, the Occupational Safety and Health Administration (OSHA), and the United States Department of Transportation. In most cases, enforcement of environmental laws and regulations established at the federal level is delegated to State and local environmental regulatory agencies. Applicable federal regulations are contained primarily in Code of Federal Regulations (CFR) Titles 10, 29, 40, and 49. In particular, CFR Title 49 governs the manufacture of packaging and transport containers, packing and repacking, labeling, and the marking of hazardous material transport P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

3 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT In addition, with respect to emergency planning, the Federal Emergency Management Agency (FEMA) is responsible for ensuring the establishment and development of policies and programs for emergency management at the federal, State, and local levels. This includes the development of a national capability to mitigate against, prepare for, respond to, and recover from a full range of emergencies. Applicable major federal laws are described below. Toxic Substances Control Act. Established in 1976 and amended on December 31, 2002, the Toxic Substances Control Act (TSCA) (15 United States Code [USC] (C. 53) Section ) grants the EPA power to require proper reporting, record-keeping, and testing requirements related to chemical substances and/or mixtures. Specifically, the TSCA addresses the production, importation, use, and disposal of specific chemicals, including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paints (LBP). The TSCA establishes the EPA s authority to require the notification of the use of chemicals, require testing, maintain a TSCA inventory, and require those importing chemicals under Sections 12 (b) and 13 to comply with certification and/or other reporting requirements. This federal legislation also phased out the use of asbestos-containing materials in new building materials and sets requirements for the use, handling, and disposal of asbestos-containing materials. Disposal standards for lead-based paint wastes are also detailed in the TSCA. Resource Conservation and Recovery Act. The Resource Conservation and Recovery Act (RCRA) was enacted in 1974 (42 United States Code Section 6901 et seq.) as the first step in regulating the potential health and environmental risks associated with solid hazardous and nonhazardous waste disposal. Subtitle I of this legislation authorizes the EPA to issue regulations for new underground storage tank installations as well as strict standards for upgrading underground storage tanks, corrosion protection, spill and overflow protection, onsite practices and record-keeping, underground storage tank closure standards, and financial responsibility. Comprehensive Environmental Response, Compensation, and Liability Act. This federal legislation requires reporting of certain releases of hazardous substances from certain facilities and sets forth identification and response action requirements for designated sites. This legislation is often referred to as the Superfund act. In addition, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 United States Code Section 9601 et seq.) established the Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS). CERCLIS is the EPA s system for tracking potential hazardous-waste sites within the Superfund program. A site s presence on CERCLIS does not imply a level of federal activity or progress at a site, nor does it indicate that hazardous conditions necessarily exist at the location. Within 1 year of being entered into the CERCLIS tracking system, the EPA performs a preliminary assessment of a site. Based upon the results of the preliminary assessment, the EPA may conduct additional investigation, which could lead to a site being listed on the National Priorities List, indicating a site as a Superfund site. The Project site is not listed on the National Priorities List as a federal Superfund site. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13) 4.6-3

4 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES The Emergency Planning and Community Right-To-Know Act. The Emergency Planning and Community Right-To-Know Act (also known as Title III of the Federal Superfund Amendments and Reauthorization Act, or SARA III ) (42 United States Code et seq.), was established by the EPA to allow for emergency planning at the State and local level regarding chemical emergencies, to provide notification of emergency release of chemicals, and to address community right-to-know regarding hazardous and toxic chemicals. SARA III was designed to increase community access and knowledge about chemical hazards as well as facilitate the creation and implementation of State/Native American tribe emergency response commissions, responsible for coordinating certain emergency response activities and for appointing local emergency planning committees (LEPCs). The Project site does not contain, handle, or store any chemicals or hazardous materials as defined by SARA III or as defined by Section (c) Title 29 of the CFR. Federal Occupational Safety and Health Act. The Federal OSHA (29 United States Code 651 et seq.) established requirements for workers involved in the handling, use, and disposal of hazardous materials, including emergency response, hazard communication, and personal protective equipment. This federal legislation requires special training of handlers of hazardous materials, notification to employees who work in the vicinity of hazardous materials, acquisition from manufacturers of material safety data sheets (which describe the proper use of hazardous materials), and training of employees to remediate any accidental releases of hazardous materials. This legislation also regulates lead and asbestos exposure as it relates to worker safety. Federal Air Regulations, Part 77. The Federal Aviation Administration (FAA) is charged with the review of construction activities that occur in the vicinity of airports. Its role in reviewing these activities is to ensure that new structures do not result in a hazard to navigation. The regulations in the Federal Air Regulations (14 CFR, Part 77) are designed to ensure that no obstructions in navigable air space are allowed to exist that would endanger the public. Proposed structures are also evaluated against Terminal En Route Procedures, which ensure that a structure does not adversely impact flight procedures. Tall structures, including buildings, construction cranes, and cell towers in the vicinity of an airport can be hazardous to the navigation of airplanes. Federal Air Regulations Part 77 identifies the maximum height at which a structure would be considered an obstacle at any given point around an airport. The extent of the off-airport coverage that needs to be evaluated for tall structure impacts can extend miles from an airport facility. In addition, Federal Air Regulations Part 77 establishes standards for determining whether objects constructed near airports will be considered obstructions in navigable airspace, sets forth notice requirements of certain types of proposed construction or alterations, and provides for aeronautical studies to determine the potential impacts of a structure on the flight of aircraft through navigable airspace P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

5 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Federal Insecticide, Fungicide, and Rodenticide Act. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 United States Code 136 et seq.) was originally passed in It has been amended several times, most extensively in 1972, and most recently by the Food Quality Protection Act of The purpose of FIFRA is to establish federal jurisdiction over the distribution, sale, and use of pesticides. It also gives EPA the authority to study the effects of pesticide use. Other key provisions of FIFRA require pesticide applicators to pass a licensing examination for status as qualified applicators, create a review and registration process for new pesticide products, and ensure thorough and understandable labeling that includes instructions for use. State Policies and Regulations. Hazardous waste in California is regulated primarily under the authority of the Federal RCRA and the California Health and Safety Code (2011 California Health and Safety Code [HSC])]. Other California laws related to hazardous materials and wastes are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning of those materials. State agencies with jurisdiction over hazardous chemical materials management are the Department of Toxic Substance Control (DTSC) and the Regional Water Quality Control Board (RWQCB). DTSC administers the State s hazardous waste program and implements the Federal RCRA program in California. The nine Regional Water Quality Control Boards in the State issue and enforce National Pollutant Discharge Elimination System (NPDES) permits and regulate leaking underground storage tanks and other sources of groundwater contamination. Other State agencies involved in hazardous materials management are the Department of Industrial Relations (State OSHA implementation), Office of Emergency Services (OES California Accidental Release Prevention implementation), California Department of Fish and Game (CDFG), California Air Resources Board (CARB), California Department of Transportation (Caltrans), State Office of Environmental Health Hazard Assessment (OEHHA Proposition 65 implementation), the Department of Resources Recycling and Recovery (CalRecycle), and the State of California Division of Oil, Gas, and Geothermal Resources (DOGGR). The enforcement agencies for hazardous materials transportation regulations are the California Highway Patrol (CHP) and Caltrans. Hazardous materials and waste transporters are responsible for complying with all applicable packaging, labeling, and shipping regulations. Applicable major State laws are described below. California Code of Regulations and California Health and Safety Code. The California Code of Regulations (CCR) and the California Health and Safety Code incorporate the requirements of the Federal RCRA Subtitle I and set registration and permitting requirements, construction/operational standards, closure requirements, licensing of underground storage tank contractors, financial responsibility requirements, release reporting/corrective action requirements, and enforcement. Additionally, these provisions regulate the abatement process in the event of contamination of hazardous wastes. Specifically, the California Health & Safety Code establishes standards, regulations, and requirements for the installation, inspection, registration, maintenance, and abandonment of underground storage tanks. These regulations also require the installation of leak detection systems and/or monitoring of P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13) 4.6-5

6 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES underground storage tank installations. Since 1998, all underground storage tanks have been required to include corrosion protection, leak detection, and spill/overflow devices. Businesses that utilize hazardous materials are subject to Emergency Planning and Community Right-to-Know (Proposition 65) requirements as delineated in the California Health and Safety Code. These regulations require worker notification of hazardous substances in the workplace. The proposed retail/office businesses are subject to these requirements. In addition, Title 8 of the CCR Sections and 1529, provides for exposure limits, exposure monitoring, respiratory protection, and good working practices by workers exposed to lead and asbestos. Lead- and asbestos-contaminated debris must be managed and disposed of in accordance with the applicable provision of the California Health and Safety Code. Chapter 4 of Title 14 of the CCR establishes requirements for the development, regulation, and conservation of oil and gas resources. Specifically, Section 1723 et seq. establishes standards for the plugging and abandonment of oil wells, while Section 1981 outlines the regulations and standards for modifying existing wells and sets forth additional standards for plugging abandoned wells. State of California Division of Oil, Gas, and Geothermal Resources. DOGGR supervises the drilling, operation, maintenance, and abandonment of oil, gas, and geothermal wells throughout the State. The regulatory program set forth by DOGGR for the management of these resources emphasizes the appropriate development of oil, natural gas, and geothermal resources in the State through sound engineering practices that protect the environment, prevent pollution, and ensure public safety. California Hazardous Waste Control Law. The Hazardous Waste Control Act (Health and Safety Code, Division 20, Chapter 6.5) created the State hazardous waste management program, which is similar to, but more stringent than, the federal program under the Federal RCRA (42 United States Code Section 6901 et seq.). The California Hazardous Waste Control Law regulates the generation, transportation, treatment, storage, and disposal of hazardous waste by large-quantity generators through comprehensive life cycle or cradle to grave tracking requirements. Regulations in 26 CCR list more than 800 materials, including asbestos and polychlorinated biphenyls, which may be hazardous and establish criteria for their identification, packaging, and disposal. Under the Hazardous Waste Control Act, hazardous waste generators must complete a manifest that accompanies the waste from the generator to the transporter to the ultimate disposal location. Copies of the manifest must be filed with the State s DTSC. Hazardous Waste and Substances Sites List. The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. California Government Code Section requires the California Environmental Protection Agency (Cal-EPA) to develop, at least annually, an updated P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

7 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Cortese List. DTSC is responsible for a portion of the information contained in the Cortese List. DTSC s Brownfields and Environmental Restoration Program (Cleanup Program) EnviroStor database provides DTSC s component of Cortese List data by identifying an Annual Workplan (now referred to State Response and/or Federal Superfund) and Backlog sites listed under Health and Safety Code Section Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. CEQA requires the Lead Agency to consult the lists compiled pursuant to Section of the Government Code to determine whether a project and any alternatives are located on a site that is included on any such list. The Project site is not included on any hazardous materials site compiled pursuant to California Government Code Section State Occupational Safety and Health Act. The Federal Occupational Safety and Health Act is implemented through the California Occupational Safety and Health Administration (Cal/OSHA). Specifically, Cal/OSHA requires special training of handlers of hazardous materials, notification to employees who work in the vicinity of hazardous materials, acquisition from the manufacturer of material safety data sheets that describe the proper use of hazardous materials, and training of employees to remediate any accidental hazardous material releases. Cal/OSHA also requires preparation of an Injury and Illness Prevention Program (IIPP), which is an employee safety program of inspections, procedures to correct unsafe conditions, employee training, and occupational safety communication. Asbestoscontaining materials have historically been used in some building materials such as acoustical tiles and ceiling coatings, joint compound, caulking, flooring materials, and asbestos cement water mains. In addition, lead-based paint may be found on the remnant structures, and PCBs are used in electrical equipment (e.g., transformers, capacitors, circuit-breakers, and voltage regulators). Therefore, in order to be conservative, the presence of asbestos-containing materials, lead-based paints, and PCB-containing fixtures cannot be ruled out. Since the proposed Modified Project includes the demolition of remnant structures that may have the potential to release asbestos and lead, and construction workers could potentially be exposed to soil gases and residual soil contamination, this provision would be applicable. Cal/OSHA s regulatory purview includes the following provisions to minimize the potential for release of asbestos, lead, and other airborne contaminants during construction and demolition activities. Asbestos. Cal/OSHA regulations prohibit emissions of asbestos from demolition and construction activities; require medical examinations and monitoring of employees engaged in activities that could disturb asbestos; specify precautions and safe work practices to minimize the potential for release of asbestos; and require notice to federal and local government agencies before beginning demolition or construction activities that could disturb asbestos. Lead. Cal/OSHA establishes a maximum safe exposure level for types of construction work where lead exposure may occur, including demolition activities where materials containing lead are present; removal or encapsulation of materials containing lead; and new construction, alteration, repair, or renovation of structures with materials containing lead. Inspection, testing, and removal of lead-containing building materials must be performed by State-certified contractors who comply with applicable health and safety P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13) 4.6-7

8 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES and hazardous materials regulations. Building materials with lead-based paint attached are not typically considered hazardous waste unless the paint is chemically or physically removed from the building debris. Airborne Contaminants. Cal/OSHA regulates exposure to airborne contaminants (e.g., soil gases such as hydrogen sulfide) during construction under Title 8, Section 5155, Airborne Contaminants, which establishes which compounds are considered a health risk, the exposure limits associated with such compounds, protective equipment, workplace monitoring, and medical surveillance required for compliance. The characterization and disposal of environmentally regulated materials such as asbestos containing materials, lead based paints, polychlorinated biphenyls, mercury, diethylhexyl phthalate (DEHP), and electronic wastes is regulated by the DTSC under Title 22 CCR. Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. Cal-EPA grants to qualifying local agencies oversight and permitting responsibility for certain State programs pertaining to hazardous waste and hazardous materials. This is achieved through the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) (27 CCR Division 1, Subdivision 4, Chapter 1, Sections ), created by State legislation in 1993 to consolidate, coordinate, and make consistent the administrative requirements, permits, inspections, and enforcement activities for the following emergency and management programs: Hazardous materials release response plans and inventories (business plans); California Accidental Release Prevention Program (CalARP); Underground Storage Tank Program; Aboveground Petroleum Storage Act Requirements for Spill Prevention, Control and Countermeasure Plans; Hazardous Waste Generator and On-site Hazardous Waste Treatment (tiered permitting) Programs; and California Uniform Fire Code: Hazardous material management plans and hazardous material inventory statements. The local Certified Unified Program Agency (CUPA) implements program elements either directly or in coordination with affiliated Participating Agencies (PA). The City of Los Angeles Fire Department (Fire Department) is the CUPA for the Project site. Business Plans for operations subject to the Hazardous Materials Release Response Plans and Inventory Act are reviewed and approved by the CUPA. The CUPA also conducts inspections of these facilities. The Fire Department has the authority to require business plans for facilities that do not meet the minimum requirements if it determines that CUPA oversight is needed due to the type of facility or location. Emergency Services Act. Under the Emergency Services Act, the State of California developed an emergency response plan to coordinate emergency services provided by federal, P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

9 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT State, and local agencies. Rapid response to incidents involving hazardous materials or hazardous waste is an important part of the plan, which is administered by the California Office of Emergency Services (OES). This office coordinates the responses of other agencies, including the EPA, the California Highway Patrol, the nine Regional Water Quality Control Boards, the various air quality management districts, and county disaster response offices. Regional and Local Policies and Regulations. As discussed above, the City of Los Angeles Fire Department (Fire Department) administers hazardous materials environmental compliance within the City. The Fire Department is the CUPA for the Project site. The City of Los Angeles Department of Building and Safety identifies and enforces compliance with Los Angeles Municipal Code Section (i.e., the City s Methane Ordinance, which is described below). The regional air quality management district for Southern California, the South Coast Air Quality Management District (SCAQMD), creates regulatory and advisory standards regarding air pollutants within the Southern California region. The Los Angeles County Airport Land Use Commission oversees specific aspects of airport land use compatibility planning. These agencies, as well as the laws and regulations they enforce, are discussed below. South Coast Air Quality Management District Rule SCAQMD Rule 1403 sets regulatory requirements as they relate to the emission of air pollutants that could pose potential significant harm to the environment and human health. Within the context of this section of this Subsequent EIR, SCAQMD Rule 1403 regulates and sets requirements for the survey and identification, abatement, demolition, SCAQMD notification, and disposal of asbestos-containing materials. City of Los Angeles Municipal Code. City of Los Angeles Fire Code (Chapter 5, Article 7). The Fire Code is intended to prescribe laws for the safeguarding of life and property from fire, explosion, panic, or other hazardous conditions that may arise in the use or occupancy of buildings, structures, or premises; and to prescribe such other laws as it may be the duty of the Fire Department to enforce. The Fire Code regulates, among other things, the storage, processing, and use of toxic materials. Methane and Methane Seepage Buffer Zones (Chapter 9, Article 1, Division 71, Section ). The City adopted its Methane Ordinance in 2004, which requires compliance with the methane mitigation standards established by the City Superintendent of Building. The methane mitigation standards provide information describing the installation procedures, design parameters, and test protocols for methane gas mitigation systems. The Citywide Methane Ordinance Map shows the methane and methane seepage buffer zones in the City of Los Angeles and requires certain methane gas sampling and building mitigation systems for properties in those areas. The Project site is located in a Methane Zone. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13) 4.6-9

10 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES As established under Section et seq. of the City of Los Angeles Municipal Code (LAMC), the Los Angeles Department of Building and Safety (LADBS) regulates building permits for projects located within a Methane Zone or Methane Buffer Zone. Building permits may be issued upon submittal of detailed plans that show adequate protection against flammable gas incursion by providing the installation of suitable methane mitigation and monitoring systems. The level of methane protection required depends upon the design methane concentration, which is defined as the highest concentration of methane gas found during site testing. Site testing is required to identify the design concentration, unless the developer accepts the most stringent methane mitigation requirements ( Level V ). If site testing is performed (e.g., to document that a lower level of mitigation is justified), then it must follow the Site Testing Standards for Methane (P/BC dated November 30, 2004), which is a protocol published by the Los Angeles Department of Building and Safety. P/BC prescribes a three-step process for methane evaluation: (1) Scheduling site testing either before, or 30 days after, any site grading; (2) Conducting shallow soil gas tests (not less than 4 feet below ground surface); and (3) Installing and using multiple-depth gas probe sets where the highest concentrations of soil gases are expected to be found. Lastly, Section requires notification of the Los Angeles Fire Department when an abandoned oil well is encountered during construction activities. This section also states that the abandoned oil well may be required to be re-abandoned in accordance with applicable rules and regulations of the DOGGR. City of Los Angeles General Plan. Hazards are addressed in the Safety Element of the City General Plan (adopted November 26, 1996). The following goals and policies are applicable to the proposed Modified Project. Goal 1. A City where potential injury, loss of life, property damage and disruption of social and economic life of the City due to fire, water related hazard, seismic event, geologic conditions or release of hazardous materials disasters is minimized. Objective 1.1. Implement comprehensive hazard mitigation plans and programs that are integrated with each other and with the City s comprehensive emergency response and recovery plans and programs. Policy Health/Environmental Protection. Protect the public and workers from the release of hazardous materials and protect City water supplies and resources from contamination resulting from accidental release or intrusion resulting from a disaster event, including the protection of the environment and public from potential health and safety hazards associated with program implementation. All Emergency P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

11 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Operations Organization hazardous materials hazard and water pollution mitigation programs implement this policy. Goal 2. A city that responds with the maximum feasible speed and efficiency to disaster events so as to minimize injury, loss of life, property damage, and disruption of the social and economic life of the City and its immediate environs. Uniform Fire Code. The Uniform Fire Code regulates the type, configuration, and quantity of hazardous materials that may be stored within structures or in outdoor areas. The Uniform Fire Code is administered via regular site inspections by the Fire Department and the issuance of notices of violation in cases of noncompliance. Los Angeles County Airport Land Use Commission. Requirements for creation of airport land use commissions (ALUCs) were first established under the California State Aeronautics Act (Public Utility Code Sections et seq.) in In 1970, the requirements were extended to all counties having a public use airport. Although the law has been amended numerous times since then, the fundamental purpose of Airport Land Use Commissions to promote land use compatibility around airports has remained unchanged. As expressed in the present statutes, this purpose is:... 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 to the extent that these areas are not already devoted to incompatible uses. The statutes give Airport Land Use Commissions two principal powers by which to accomplish this objective. First, Airport Land Use Commissions must prepare and adopt an airport land use compatibility plan. Secondly, they review the plans, regulations, and certain other actions of local land use jurisdictions and the master plans of airports for consistency with that plan. The basic function of airport land use compatibility plans is to promote compatibility between airports and the land uses that surround them. Compatibility plans serve as a tool for use by Airport Land Use Commissions in fulfilling their duty to review proposed development plans for airports and surrounding land uses. Additionally, compatibility plans set compatibility criteria applicable to local agencies in their preparation or amendment of land use plans and ordinances and to land owners in their design of new development. The Los Angeles County Airport Land Use Commission operates similarly to other Airport Land Use Commissions in the State. However, provisions identified in Section of the Public Utilities Code modify certain aspects of how airport land use compatibility planning is conducted in the County of Los Angeles. The following section of the law applies exclusively to the County of Los Angeles: P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

12 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Section (a) indicates that the sections of the law requiring establishment of an airport land use commission, either in the standard membership format or through use of a designated body, do not apply to Los Angeles County. Instead, the County Regional Planning Commission is assigned the responsibility for coordinating the airport planning of public agencies within the county. In practice, the Regional Planning Commission refers to itself as the Airport Land Use Commission when dealing with airport land use compatibility matters. As further stated in the same section of the law, the Airport Land Use Commission is available to resolve issues that may arise among public agencies with regard to airport planning. Any public agency involved in such a situation may appeal to the Airport Land Use Commission to resolve the matter. Once the Airport Land Use Commission has acted, a four-fifths vote of the governing body of the public agency whose planning led to the appeal is necessary if that agency wishes to overrule the Airport Land Use Commission s decision. These provisions go beyond the basic powers and duties of Airport Land Use Commissions as specified in Section and the two-thirds vote requirements for overruling an Airport Land Use Commission action provided for in Sections 21676(a), 21676(c), and (a). Although not explicitly indicated by the law, referring agencies that bring land use and airport development actions to the Airport Land Use Commission under the regular provisions of Sections and presumably would only need the normal two-thirds vote in order to overrule a decision of the Airport Land Use Commission. The Regional Planning Commission consists of five members. Each County Supervisor appoints one member. The members serve 4-year terms. The Los Angeles County Department of Regional Planning provides staff for the Commission, and the Director of Regional Planning serves as the Commission s Administrative Officer. In December 1991, the Los Angeles County Airport Land Use Commission adopted abbreviated compatibility plans for all 15 of the public use and joint use airports located in Los Angeles County. No plans were adopted for the airports in adjacent counties whose influence areas extend into Los Angeles County. Realizing the need for a more comprehensive set of airport land use compatibility policies for the county, the Los Angeles County Airport Land Use Commission began a process in 2002 to update its plans over a period of years subject to funding availability. In order to maintain as much commonality as practical among the various plans as they are updated, the update process called for formatting the compatibility plan for each airport in two documents. The Los Angeles County Airport Land Use Commission Review Procedures represented the first of these two documents. It set forth the review procedures and other policies that are generally applicable to all of the airports in the county. The second document is unique to each individual airport; each of the second documents contains the specific compatibility criteria, maps, and other policies for a single airport. In its role as the Regional Planning Commission, the Commission serves as an advisory body to the County Board of Supervisors regarding planning policies and land development proposals. As the Airport Land Use Commission, however, the Commission s relationship to the Board of Supervisors is set by the State Aeronautics Act. Specifically, the Airport Land P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

13 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Use Commission does not need approval from the Board of Supervisors or any of the affected cities in order to adopt or amend the Los Angeles County Airport Land Use Commission Review Procedures document or any of the individual airport land use compatibility plans. The same status applies with respect to Airport Land Use Commission reviews of proposed county or city land use plans and development projects as required by State law. The Airport Land Use Commission s decisions are final unless the governing body of the affected land use jurisdiction whether it be the Board of Supervisors or the city council of an affected city takes the steps established in State law to overrule the Commission. Any such overruling requires a two-thirds vote of the agency s governing body after first holding a public hearing and making findings that the agency s plans are consistent with the intent of State law. At least 45 days prior to a decision to overrule the Airport Land Use Commission, the agency must provide the Commission and the California Division of Aeronautics a copy of the proposed decision and findings. The findings should identify the substantial factual information that supports the appropriateness of the overruling action. Los Angeles County Airport Land Use Compatibility Plan. Land use within the planning area boundaries of the Los Angeles County Airport Land Use Plan must conform to noise, safety, and height restriction standards. Even though these actions may be basically consistent with the local General Plan, sufficient detail may not be known to enable a full airport compatibility evaluation at the time that the General Plan or Specific Plan is reviewed. To enable better assessment of compliance with the compatibility criteria set forth in the individual airport compatibility plans, Airport Land Use Commission review of these following applicable actions may be warranted. Any obstruction having a height that requires review by the FAA in accordance with Part 77 of the Federal Aviation Regulations. Regardless of location within Los Angeles County, any proposal for construction or alteration of a structure (including antennas) taller than 200 feet above the ground level at the site. (Such structures also require notification to the FAA in accordance with Federal Aviation Regulations, Part 77, Paragraph 77.13(a)(1).) Although the Project site is not located within the Santa Monica Airport Land Use Plan and the implementation of the proposed Modified Project or the Approved Project would not result in a safety hazard for people residing or working in the Project site area, the Santa Monica Airport is located 3.5 miles from the Project site. Therefore, the Project site is within 20,000 feet of an existing airport and both the Approved Project and the proposed Modified Project would exceed 200 feet in height. Thus, the Approved Project and the proposed Modified Project both would fall under the 20,000 foot Federal Air Regulations Part 77 Notification Area for Santa Monica Airport. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

14 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Certified EIR Findings In the 2006 EIR for the Approved Project, the City evaluated both the construction and operation phases of the Approved Project and potential hazards and hazardous material impacts associated with those phases. Potential concerns included the presence of closed oil wells and methane on site during construction; methane seepage during operation; potential presence of asbestos containing materials; lead-based paints during demolition; the handling, storage, transport, and disposal of hazardous materials during construction and operation; and airport safety during operation of the Approved Project. It was determined that all potential impacts related to hazards or hazardous materials would be less than significant or less than significant with the incorporation of mitigation measures. The findings of the 2006 EIR as they relate to Hazards and Hazardous Materials are summarized below. The 2006 EIR concluded that the following potential impacts of the Approved Project would be less than significant: Handling, Storage, Transport, and Disposal of Hazardous Materials. During demolition and construction activities, the 2006 EIR noted the possibility that small quantities of potentially hazardous materials, including but limited to vehicle fuels, oils, and transmission fluids would have been generated. Similarly, operation of the Approved Project facility would have required the use and storage of cleaning solvents and pesticides typical of residents and building maintenance of a multifamily residential development. However, under the Approved Project, all potentially hazardous materials would be contained, stored, and used in accordance with standard federal, State, and local agency regulations. Therefore, impacts to the public or the environment through the transport, use, or disposal of hazardous materials during the construction of the Approved Project were considered less than significant. No mitigation was required. The 2006 EIR concluded that the following potential impacts of the Approved Project would be less than significant with incorporation of mitigation measures: Asbestos Containing Materials and Lead-Based Paint. At the time the 2006 EIR was prepared, there were two existing structures on the Project site. Based on the age of the buildings, asbestos-containing materials and lead-based paints were assumed to be present in the existing building materials. When the buildings were demolished, Mitigation Measure F-3 required the proper handling and disposal of such material in order to avoid potential adverse impacts associated with the testing and removal of potential asbestos-containing materials and lead-based paints. With implementation of Mitigation Measure F-3, potential impacts related to asbestos-containing materials and lead-based paints would have been reduced to a less than significant level. Closed Oil Wells and Methane. Given the past use of the Project site for oil production from the early 1950s until 1991, and its proximity to oil fields, the potential existed for residual soil contamination and methane and hydrogen sulfide to be encountered during construction. The 2006 EIR also analyzed the potential for residents of the Approved Project to be exposed to methane. Potential impacts during construction would have been reduced to safe levels during construction through compliance with proper procedures for the protection of construction workers. Such procedures would have been implemented pursuant to P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

15 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Cal/OSHA s Safety Health Regulations for Construction, which were required as part of Mitigation Measure F-1. In addition, the Approved Project would have been required to develop and implement a methane mitigation system and comply with the applicable requirements of DOGGR s site plan review process in compliance with Mitigation Measure F-2. With implementation of Mitigation Measures F-1 and F-2, potential impacts related to the closed oil wells and methane would have been reduced to a less than significant level. Soil Contamination. Based on an environmental database search dated March 16, 2005, the 2006 EIR concluded that there were no identified leaks or spills that had the potential to impact the Project site. However, due to the previous use of the Project site for oil extraction purposes, it was determined that residual soil contamination could still be present on site. Therefore, if contaminated soils would have been discovered during grading activities for the Approved Project, actions would have been implemented to comply with applicable requirements for the remediation of contaminated soil or groundwater, as specified in Mitigation Measure F-4. With implementation of Mitigation Measure F-4, potential impacts related to soil contamination would have been reduced to a less than significant level. Airport Safety. Demolition and construction of the Approved Project would not result in impacts associated with airports due to the distance between the Project site and the nearest airport facility, the Santa Monica Airport; however, the proposed towers for the Approved Project would have been approximately 570 feet above grade. Therefore, the Approved Project would have been required to submit Federal Aviation Administration Form , Notice of Proposed Construction or Alteration. Upon compliance with the FAA notification requirements and the incorporation of the Federal Aviation Administration recommendations, as required by Mitigation Measure F-5 in the 2006 EIR, the Approved Project would have resulted in a less than significant impact related to airport safety Existing Environmental Setting Existing Land Uses. At the time of the Approved Project, the Project site was occupied by a restaurant and nightclub, as well as a drive-through banking facility and associated office. After the Approved Project was approved in 2006, all of the previously existing structures on the Project site were demolished. In its current condition, the Project site consists of disturbed land, asphalt, surface parking lots, and various remnant structures such as walls and foundations from the prior uses on the Project site. Asbestos-Containing Materials. The use of asbestos in many building products was banned by the EPA by the late 1970s. In 1989, the EPA issued a ruling prohibiting the manufacturing, importation, processing, and distribution of most asbestos-containing products. This rule, known as the Ban and Phase-Out Rule, would have effectively banned the use of nearly 95 percent of all asbestos products used in the United States. However, the U.S. 5th Circuit Court of Appeals vacated and remanded most of the Ban and Phase-Out Rule in October Due to this court decision, many asbestos-containing product categories not previously banned (prior to 1989) may still be in use today. Among these common material types found in buildings are floor tile and roofing materials. Asbestos-containing materials present a concern when a building is subject to damage that results in the release of fibers. Friable asbestos-containing materials, which can be P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

16 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES crumbled by hand pressure and are therefore susceptible to damage, are of particular concern. Nonfriable asbestos-containing materials are a potential concern if a building is damaged by maintenance work, demolition, or other activities. As stated previously, the previously existing structures on the Project site were demolished following certification of the 2006 EIR for the Approved Project, and removal of any asbestos in the previously existing structures was in compliance with all applicable legal requirements related to asbestos abatement. In its current condition, the Project site consists of disturbed land, asphalt, surface parking lots, and various remnant structures. Lead-Based Paint. Lead has been used in commercial, residential, road, and ceramic paint; in electric batteries and other devices; as a gasoline additive; for weighting; in gunshot; and for other purposes. It is recognized as being toxic to human health and the environment and is widely regulated in the United States. Buildings constructed prior to 1978 are presumed to contain leadbased paint unless proven otherwise, although buildings constructed after 1978 may also contain lead-based paint. Lead is regulated as a criteria pollutant under the Federal Clean Air Act, which has led to its elimination from automotive fuels. Lead is also regulated as a toxic pollutant under the Federal Clean Water Act and the State Porter-Cologne Water Quality Control Act as well as under the federal and California Safe Drinking Water Acts. As stated previously, the two existing building structures on the Project site were demolished after the Approved Project was approved in In its current condition, the Project site consists of disturbed land, asphalt, surface parking lots, and various remnant structures. Removal of any lead-based paint in the previously existing structures was in compliance with all applicable legal requirements related to lead-based paint abatement. Polychlorinated Biphenyls. Standard equipment suspected of potentially containing polychlorinated biphenyls (PCBs) includes industrial-capacity transformers, fluorescent light ballasts, and oil-cooled machinery. All PCB-designated transformers were required to be replaced with non-pcb-designated transformers after PCBs were designated as a carcinogen by the EPA in Transformers are currently classified as PCB-containing if their cooling oils contain greater than 50 milligrams per liter total PCBs. The management of PCB-containing transformers is the responsibility of the local utility or the transformer owner. Samples must be taken from the transformer in order to determine the presence or absence of PCBs. As stated previously, in its current condition, the Project site consists of disturbed land, asphalt, surface parking lots, and various remnant structures. While there are no pole- or pad-mounted transformers located on site, there is an electrical power supply and associated electrical equipment located on the temporary parking lot. The power supply provides electricity for the irrigation system and parking lot lighting. Therefore, the presence of PCBs on the Project site cannot be ruled out definitively. Closed Oil Wells and Methane. Western portions of the Project site were formerly used for oil exploration and production from the early 1950s to 1991 by Chevron/Texaco Company as part of the larger Beverly Hills Oil Field. Removal of the surface facilities and underground pipelines began in late August A total of 28 wells were closed in accordance with DOGGR standards P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

17 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT in effect at that time. 4 Refer to Figure 3.3 in Chapter 3.0, Project Description, for the location of the closed wells. Closed oil wells are of interest at the Project site because they could potentially serve as pathways for migration of subsurface gases, such as methane and hydrogen sulfide. The Project site is located within a Methane Zone as designated by the City of Los Angeles. 5 The presence of subsurface methane gas is common within former oil production areas and other locations where organic material is present in the soil. Methane is generated by the biodegradation of organic matter in the absence of oxygen. Methane is not toxic; however, it is combustible and potentially explosive at concentrations above 50,000 parts per million (ppm) in the presence of oxygen. Because methane is lighter than air, in near-surface soils it has the potential to migrate into buildings through physical pathways that include cracks in the concrete floor slabs, unsealed conduits or utility trenches, unsealed dewatering sumps, and other small openings common in building construction. Methane gas can also reach the surface through natural geologic features that may facilitate vertical, lateral, or oblique migration. The geologic features than can serve as potential pathways include porous and permeable formations, fault zones, and aquifers. Hydrogen sulfide is a colorless, flammable, and highly toxic compound that can be identified in relatively low concentrations (well below 1 part per million) by a characteristic rotten egg odor. Hydrogen sulfide is corrosive and is an irritant to the eye and respiratory tract in low concentrations. At high concentrations, it causes respiratory paralysis with consequent asphyxiation and, possibly, death. The permissible exposure limit for hydrogen sulfide is 10 parts per million (ppm). Naturally occurring underground gases are generally encountered at depths of 40 feet and deeper (although more shallow occurrence is possible) where concentrations of hydrogen sulfide can exceed risk-based levels. 6 Like methane, hydrogen sulfide has the potential to migrate into buildings through physical pathways that include cracks in the concrete floor slabs, unsealed conduits or utility trenches, unsealed dewatering sumps, and other small openings common in building construction. Because it is heavier than air, hydrogen sulfide can potentially accumulate in low or enclosed spaces. Contaminated Soils. A Current Site Conditions and Evaluation of Potential Public Health Impacts report was prepared by Geomatrix (February 2006) to evaluate the potential for health effects at the Project site based on the soil investigations documented in the Closure Report for the Chevron Drill Site 2 at Constellation Boulevard, Century City. Geomatrix determined potential health risks by comparing the laboratory results to California Human Health Screening Levels (CHHSLs) set by the California Environmental Protection Agency and Preliminary Remediation Goals (PRGs) set by the U.S. EPA for chemicals not having a CHHSL. Neither a PRG or CHHSL was available for total petroleum hydrocarbons; therefore, the Environmental State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources. Oil well records for the Century City Drill Site, Volumes 1 3 April 22, City of Los Angeles Department of City Planning, Zone Information and Map Access System (ZIMAS), Parcel Profile Report: 2025 Avenue of the Stars, February Concentrations of 3,300 ppm hydrogen sulfide were found 56 feet below ground surface at Pico Boulevard and San Vicente Boulevard during sampling activities conducted for the Los Angeles Rail Rapid Transit Project Mid City segment in P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

18 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Screening Level (ESL) developed by the San Francisco Bay Regional Water Quality Control Board for commercial/industrial land use was utilized for this constituent. As discussed in the Geomatrix report, as part of Chevron s closure activities, site characterization soil sampling was conducted. Soil samples were collected at a depth of 6 inches below ground surface and analyzed for percentage of hydrogen (ph), heavy metals; total recoverable petroleum hydrocarbons (TRPH); benzene, toluene, and ethylbenzene, and xylenes (BTEX; constituents in gasoline); volatile organics, and polychlorinated biphenyls (PCBs) A summary of the previous soils investigations as described in the Geomatrix report is provided below and in Table 4.6.A. Beginning in December 1990, soils that were visibly affected by oil (through staining and discoloration) were excavated from the Project site and disposed of at an off-site permitted facility. Hexane extraction tests in the field were also performed to augment the visual identification of oil-affected soil. Soils that tested positive for hexane were considered oilaffected and were subsequently excavated and transported off site. Soil that tested negative using the hexane test was reportedly confirmed by chemical analysis of a representative grab sample (confirmation sample). Confirmation sampling was conducted in late 1990 through Confirmation samples were analyzed for total recoverable petroleum hydrocarbons and benzene, toluene, and ethylbenzene, and xylenes. Because concentrations of benzene, toluene, and ethylbenzene, and xylenes in analyzed samples were below the PRGs, these constituents were not targeted for removal. Soils exceeding the ESL for total recoverable petroleum hydrocarbons were removed and disposed of off site. Soils with concentrations below the ESL were left on site. The ESL for commercial/industrial use serves as a safety threshold for contractors that would potentially come in contact with contaminated soils during construction activities and assumes direct contact with soils and/or potential exposure to chemical vapors released from soil into an indoor space. As discussed in the Geomatrix report, it was concluded that the using of screening criteria (e.g. CHHSLs, PRGs, and ESLs) for commercial/industrial soils is protective of construction workers and future residents at the site, and thus the remaining soils would not pose a safety risk on the site. Further, soil removal required for the proposed Modified Project would also remove any residual concentrations on the Project site. Cortese List (Pursuant to Government Code Section ). The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. Government Code Section requires the California Environmental Protection Agency (Cal-EPA) to develop (at least annually) an updated Cortese List. The DTSC is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. The Project site is not included on any hazardous materials site pursuant to Government Code Section P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

19 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Table 4.6.A: Findings of the Preliminary Site Characterization Investigation Constituent Results Conclusions Four out of the 18 samples analyzed had PCB concentrations ranging from 0.37 milligrams per kilogram (mg/kg) to 7.5 mg/kg. PCB concentrations in other samples were below laboratory limits of detection. Polychlorinated biphenyls (PCBs) Trace levels of PCBs were most likely removed off-site during the excavation and removal activities. Metals The contaminated soil was excavated and removed off site. The four confirmation samples collected after soil removal did not have detectable concentrations of PCBs. All detected concentrations of metals in the samples did not exceed California Title 22 total threshold limit concentrations (TTLC) and soluble threshold limit concentrations (STLC) used to define what is considered State hazardous waste. Arsenic concentrations in 14 of 15 samples exceeded the California Human Health Screening Levels (CHHSL) of 0.24 mg/kg, established by the California Environmental Protection Agency (Cal-EPA), while 11 out of 15 samples exceeded the Cal-EPA background benchmark of 6 mg/kg for arsenic. Detections of all other metals were below their corresponding CHHSL values. The impacts from measured levels of metals on human health were not evaluated at the time of the investigation, and no metals were targeted for excavation and removal. Because the initial samples for metals including arsenic were taken at 6 inches bgs, it is likely that those locations where arsenic exceeded background concentrations, if any (and by default the CHHSLs), were removed during the remedial activities. In these circumstances a modified CHHSL is utilized based on exposure scenarios and a CHHSL of 60 mg/kg would be considered protective of construction workers. The highest concentration of arsenic at the Project site (18 mg/kg) is well below the modified CHHSL. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

20 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Table 4.6.A: Findings of the Preliminary Site Characterization Investigation Constituent Results Conclusions TRPH concentrations ranging from 14 to 30,000 mg/kg were detected in 12 of the 18 samples. After removal of visibly stained soils, all 50 confirmation samples were below the ESL of 1,000 mg/kg. Total recoverable petroleum hydrocarbons (TRPH) BTEX (benzene, toluene, ethyl benzene, and xylenes) Semi-Volatile Organic Compounds (VOCs) Volatile Organic Compounds (VOCs) Trace levels of BTEX were detected in three samples taken from the Project site. The highest concentration of benzene was mg/kg, which is far below the 1.4 mg/kg Preliminary Remediation Goal (PRG) established by Region 9 of the United States EPA in industrial soils. Confirmation sampling determined that concentrations of toluene, ethyl benzene, and xylenes were detected at levels well below their respective PRGs. Trace levels of chrysene and pyrene were detected in one of 18 samples at concentrations of 0.7 mg/kg and 0.8 mg/kg, respectively. Both are well below the regional screening levels of 13 mg/kg and 29,000 mg/kg, respectively. No VOCs, other than BTEX, which were discussed above in this table, were detected in the 15 samples collected and analyzed. Source: Current Site Conditions and Evaluation of Potential Public Health Impacts Report (February 28, 2006). mg/kg = milligram per kilogram Confirmation sampling determined that after removal of visibly stained soils, all 50 confirmation samples were below the ESL. The proposed soil removal associated with the proposed Modified Project development would be expected to remove any residual TRPH, if present. The methane mitigation system that includes soil gas collection and venting and a vapor barrier would provide an additional control feature, minimizing site exposures to volatile chemicals in the soil, if any. Trace concentrations of SVOCs were most likely removed off-site during the excavation and removal activities. The methane mitigation system that includes soil gas collection and venting and a vapor barrier would provide an additional control feature, minimizing site exposures to volatile chemicals in the soil, if any. The methane mitigation system that includes soil gas collection and venting and a vapor barrier would provide an additional control feature, minimizing site exposures to volatile chemicals in the soil, if any P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

21 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Hazardous Materials Releases. A records search of hazardous sites in proximity of the Project site was conducted, and the site is not listed in any of the databases that were searched. The databases searched and their respective descriptions are provided in Table 4.6.B. The updated Environmental Data Resources database report, attached as Appendix F, was conducted for the Project site and surrounding area on July 7, Table 4.6.C lists notable sites that have had a release of hazardous materials as reported within the database report. The locations of the notable sites are illustrated in Figure Based on regulatory status information, the relative distances from the Project site, and the locations of sites listed within database reports in relation to the direction of groundwater flow and/or other information listed in the database report, one site may be of environmental concern to the Project site (Tosco-76 Station #703) in regard to contaminated groundwater underneath the Project site. No other sites listed in the database report are expected to represent an environmental concern to the Project site. Aviation. Santa Monica Airport is located approximately 3.5 miles northwest of the Project site. Santa Monica Airport started its operations in 1926 when the City of Santa Monica purchased 158 acres of land adjacent to Ocean Park Boulevard for use as an airport. The 225-acre Santa Monica Airport is a general aviation airport and the oldest operating air field in Los Angeles County and has approximately 550 aircraft based at this location. The average daily air traffic count is 520 air operations. The lighted runway is 5,000 feet long and 150 feet wide and can tolerate aircraft up to 105,000 pounds (lbs). The Project site is within 20,000 feet of Santa Monica Airport and is within the notification area of the Los Angeles County Airport Land Use Commission. The Los Angeles County Airport Land Use Commission, which is governed by Public Utilities Code Section 21670, has a basic responsibility to assist local agencies in ensuring compatible land uses in the vicinity of all airports in the County. The Los Angeles County Airport Land Use Commission reviews land use proposals near civilian and military airports and other land use issues that have a potential impact on airport operations in accordance with the Los Angeles County Airport Land Use Plan. In 2001, the Los Angeles County Airport Land Use Commission adopted an Airport Land Use Plan. The Los Angeles County Airport Land Use Plan is the authoritative planning document for the Los Angeles County Airport Land Use Commission. The Los Angeles County Airport Land Use Commission is an agency authorized under State law to assist local agencies in ensuring compatible land uses in the vicinity of airports. Primary areas of concern for Airport Land Use Commissions are noise, safety hazards, and airport operational integrity. Airport Land Use Commissions are not implementing agencies in the manner of local governments, nor do they issue permits for a project such as those required by local governments. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

22 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Table 4.6.B: Hazardous Materials Databases Acronym Name Description FEDERAL NPL National Priorities List The United States Environmental Protection Agency s (EPA) registry of the nation s worst uncontrolled or abandoned hazardous waste sites. NPL sites are targeted for possible long-term remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLIS CERCLIS- NFRAP RCRA COR RCRA Treatment, Storage, and Disposal (TSD) Comprehensive Environmental Response, Compensation, and Liability Information System Comprehensive Environmental Response, Compensation, and Liability Information System No Further Remedial Action Planned Resource Conservation and Recovery Act Corrective Action Report Resource Conservation and Recovery Information System (RCRIS) A comprehensive listing of known or suspected uncontrolled or abandoned hazardous waste sites. These sites have either been investigated or are currently under investigation by the EPA for the release, or threatened release, of hazardous substances. As of February 1995, CERCLIS sites designated NFRAP have been removed from CERCLIS. NFRAP sites may be sites where, following an initial investigation, no contamination was found, the contamination was removed quickly without the need for the site to be placed on the NPL, or the contamination was not serious enough to require federal Superfund action or NPL consideration. The EPA has removed approximately 25,000 NFRAP sites to lift the unintended barriers to the redevelopment of these properties and has archived them as historical records so the EPA does not needlessly repeat the investigations in the future. This policy change is part of the EPA s Brownfields Redevelopment Program to help cities, states, private investors, and affected citizens promote economic redevelopment of unproductive urban sites. This database contains information concerning RCRA facilities that have conducted or are currently conducting a corrective action. A Corrective Action Order is issued pursuant to RCRA Section 3008(h) when there has been a release of hazardous waste or constituents into the environment from an RCRA facility. Corrective actions may also be imposed as a requirement for receiving and maintaining a Treatment, Storage, and Disposal Facilities (TSDF) permit. The EPA s RCRA program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA facilities database is a compilation by the EPA of facilities that report generation, storage, transportation, treatment, or disposal of hazardous waste P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

23 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Table 4.6.B: Hazardous Materials Databases Acronym Name Description RCRA GEN RCRA Generators The EPA s RCRA program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA facilities database is a compilation by the EPA of facilities that report generation, storage, transportation, treatment, or disposal of hazardous waste. RCRA Large Generators are facilities that generate at least 1,000 kilograms (kg)/ month of nonacutely hazardous waste (or 1 kg/month of acutely hazardous waste). RCRA Small Quantity Generators are facilities that generate less than 1,000 kg/month of nonacutely hazardous waste. RCRA NLR RCRA No Longer Reporting The EPA s program identifies and tracks hazardous waste from the point of generation to the point of disposal. The RCRA facilities database is a compilation by the EPA of facilities that report generation, storage, transportation, treatment, or disposal of hazardous waste. The RCRA NLR database is a compilation of the facilities not currently classified by the EPA but still included in the RCRIS database. Reasons for nonclassification include failure to report in a timely manner, being no longer in business, being no longer in business at the listed address, and no longer generating hazardous waste materials in quantities that require reporting. Federal IC/EC ERNS Brownfield Management System (BMS) Federal Engineering and Institutional Controls Emergency Response Action Notification System BMS is national database system designed to assist the EPA in collecting, tracking, and updating information, as well as reporting on the major activities and accomplishments of the various Brownfield grant programs. IC/EC lists Superfund sites that have either an engineering or an institutional control. ERNS is a national computer database system used to store information on the sudden and/or accidental release of hazardous substances, including petroleum, into the environment. The ERNS reporting system contains preliminary information on specific releases, including the spill location, the substance released, and the responsible party. Tribal Lands Indian Lands of the United States Database of areas with boundaries established by treaty, statute, and/or executive or court order and recognized by the federal government as territories in which Native American tribes have primary governmental authority. The Indian Lands of the United States map layer shows areas of 640 acres or more that are administered by the United States Bureau of Indian Affairs. Included are federally administered lands within a reservation that may or may not be considered part of the reservation. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

24 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Table 4.6.B: Hazardous Materials Databases Acronym Name Description STATE Tribal Voluntary Cleanup Program (VCP) Site Mitigation and Brownfields Reuse Program Database (SMBRPD)/CalSites The California Department of Toxic Substances Control (DTSC) has developed an electronic database system with information on sites that are known to be contaminated with hazardous substances as well as information on uncharacterized properties where further studies may reveal problems. The SMBRPD, also known as CalSites, is used primarily by DTSC as an information tool to evaluate and track activities at properties that may have been affected by the release of hazardous substances. Spills 90 Spills List Provided by Regional Water Quality Control Boards (RWQCBs) 1 9. The California RWQCBs maintain reports of sites that have records of spills, leaks, investigations, and cleanups. Solid Waste Landfill (SWL) UST Solid Waste Landfill Facilities (SWF/LF) State Waste Management Unit Data System (WMUDS) Regional Underground Storage Tank This database tracks closed and inactive landfills. SWF/LF records typically contain an inventory of solid waste disposal facilities on landfills. These may be active or inactive facilities or open dumps that failed to meet RCRA Section 4004 criteria for SWLs or disposal sites. This database is provided by the State Water Resources Control Board (SWRCB) and used for program tracking and inventory of waste management units. It contains information from the facility and waste management unit, Solid Waste Assessment Test (SWAT) program and report summary information, Chapter 15 (formerly Subchapter 15) information, Toxic Pits Cleanup Act (TPCA) and RCRA program information, and closure information. It also contains some information from the Waste Discharge System (WDS). The historical database of registered USTs is provided by the SWRCB, Office of Underground Storage Tanks. Refer to the local-level UST list for more current information. Some states do not require registration of heating oil tanks, especially those used for residential purposes. AST Aboveground Storage Tank This is a database of registered ASTs provided by the SWRCB. LUST Leaking Underground Storage Tank This database is maintained by the SWRCB. LUST records contain an inventory of reported LUST incidents. Not all states maintain these records, and the information stored varies state by state P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

25 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Table 4.6.B: Hazardous Materials Databases Acronym Name Description Tribal IC Deed-Restricted Sites Listing The California Environmental Protection Agency s (CalEPA s) DTSC Board maintains a list of deedrestricted sites, or properties where the DTSC has placed limits or requirements on the future use of the property due to the varying levels of cleanup possible, practical, or necessary at the site. State Permit CA County Los Angeles Los Angeles Hazardous Materials Permits Handlers and Generators Permit information. This database is maintained by the Hazardous Materials Division. State Other CalEPA/County SMBRPD/CalSites Source: TrackInfo Services, LLC, Environmental FirstSearch Report, July 24, The CalEPA DTSC has developed an electronic database system with information on sites that are known to be contaminated with hazardous substances and information on uncharacterized properties where further studies may reveal problems. The SMBRPD, also known as CalSites, has information to evaluate and track activities at properties that may have been affected by the release of hazardous substances. P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

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27 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Table 4.6.C: Hazardous Waste Releases within and Adjacent to the Project Site Limits Figure Address, Distance from ID No. 1 Beverly Hills High School 241 Moreno Drive Beverly Hills, CA (approximately 0.19 mile east-northeast of the Project site) Subject Site Database Status ENVIROSTOR LUST 2 Venoco Oil & Gas Company 9865 West Olympic Blvd. Beverly Hills, CA (approximately 0.21 mile east of the Project site) SLIC The Beverly Hills High School site is a 26-acre site that has adjacent oil well production activities. Alleged health effects were reported in former students of the high school. According to information reviewed on the EnviroStor database, the clean-up status is inactive and needed an evaluation as of July 2, No additional information on the EnviroStor listing is available at this time. According to information reviewed on the GeoTracker database, a release of diesel fuel, which reportedly impacted soils only, was discovered on August 19, 1998, and October 27, The Leaking Underground Storage Tank case was closed on January 29, 2008, and a No Further Action letter was issued. Based on the information provided above, it is unlikely that this site would pose a potential environmental concern during construction of the proposed Modified Project. The site and its vicinity are part of the Beverly Hills West Oil Field, which has been producing commercial quantities of oil and gas since the early 1900s. The site is a 0.6-acre active oil production facility that was constructed in 1980 to house 19 oil wells that extract oil and gas from depths of 7,000 to 8,000 feet below ground surface. Of the 19 on-site wells, 15 are actively producing, 3 are used for produced water injection, and 1 is inactive. Venoco has a Class II injection wells permit from State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR), which requires operators to maintain injection facilities in a leak-free condition and are routinely inspected for compliance. On April 3, 2008, Venoco notified the California Office of Emergency Services (OES) that a subsurface leak of the produced water occurred at its facility. The produced water had concentrations of total petroleum hydrocarbons (TPH) and benzene, toluene, ethyl benzene, and xylenes (BTEX). Benzene concentrations in the produced water were reported at 1,100 micrograms per liter (µg/l). Chemicals of potential concern (COPCs) at the site included volatile organic compounds (VOCs), light and heavy-end petroleum hydrocarbons, semivolatile organic compounds (SVOCs), polynuclear aromatic hydrocarbons (PAHs), and formaldehyde. Based on a site investigation dated August 28, 2009, a total of six soil samples were analyzed for the COPCs at the site. Laboratory analytical results indicated that there were no detectable concentrations of the majority of the compounds analyzed, and where there were detectable concentrations of compounds, they were slightly above their laboratory limits. Based on the P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

28 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Table 4.6.C: Hazardous Waste Releases within and Adjacent to the Project Site Limits Figure ID No. Address, Distance from Subject Site Database Status findings of this investigation, No Further Action was recommended. The Los Angeles Regional Water Quality Control Board concurred with this finding in a letter dated May 20, 2010, indicating that the site does not pose a substantial threat to groundwater resources and the environment. 3 Chevron 9975 Santa Monica Blvd. Beverly Hills, CA (approximately 0.25 mi north-northeast from the Project site) 4 Beverly Crest Cleaners Santa Monica Blvd. Los Angeles, CA (approximately 0.29 mi west-northwest of the Project site) LUST SLIC (listed twice) Based on the information provided above, this site is unlikely to pose a potential environmental concern during construction of the proposed Modified Project. A release of gasoline into soil occurred on an unknown date. However, this site has been closed as of December 22, Since the release was limited to soils only, it is unlikely that this site would pose a potential environmental concern during construction of the proposed Modified Project. The findings for this site have not changed since the certification of the 2006 EIR for the Approved Project. According to information provided on the GeoTracker Database, the open remediation site is a 5,700-square foot commercial dry cleaning facility and has reportedly been used in dry cleaning operations for approximately 70 years. Soil, soil vapor, and groundwater are impacted with halogenated VOCs, primarily tetrachloroethylene (PCE). Since 2002, multiple environmental investigations, including soil vapor surveys and soil and groundwater assessments, have been conducted at the site. As a result of these investigations, a total of 17 soil vapor borings, 6 groundwater monitoring wells, and 11 vapor extraction wells have been installed at the site. The highest VOC concentrations were detected near the dry cleaning machine. From January 2007 until September 2008, an air sparge/soil vapor extraction system was operated on site, and in the process, removed approximately 16 pounds of VOCs. Groundwater VOCs levels have consistently decreased since the air sparge/soil vapor extraction system was initiated. An off-site groundwater investigation was conducted to determine the downgradient extent of the groundwater plume. Los Angeles Regional Water Quality Control Board staff is currently in the process of reviewing the postremediation soil vapor data and off-site groundwater investigation results to determine whether the site may be ready for a no further action determination. Potential media affected include indoor air, soil vapor, and an aquifer used for drinking water supply. Potential contaminants of concern include other chlorinated hydrocarbons, tetrachloroethylene (PCE), and trichloroethylene (TCE) P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

29 CITY OF LOS ANGELES SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Table 4.6.C: Hazardous Waste Releases within and Adjacent to the Project Site Limits Figure ID No. Address, Distance from Subject Site Database Status 5 TOSCO 76 Station # Wilshire Boulevard Beverly Hills, CA (approximately mi north of the Project site) LUST HIST CORTESE Soil vapor sampling was conducted at the site on January 10, Concentrations of PCE were found in some of the samples to a maximum concentration of 163 micrograms per liter (µg/l), trace concentrations of TCE were found in one sample analyzed, and two samples had elevated concentrations of VOCs. No additional information about this site is available at this time. However, because the site is located cross gradient to the Project site and due to the distance away from the Project site, it is unlikely that this site would pose a potential concern during construction of the proposed Modified Project. The TOSCO Leaking Underground Storage Tank release was originally limited to soils and the site was closed as of December 22, However, additional information obtained in the updated records search indicated that the TOSCO Leaking Underground Storage Tank site was reopened as of March 29, In a letter dated March 29, 2011, the Los Angeles Regional Water Quality Control Board indicated that the Conoco Phillips Company is required to take corrective action that would include, but not be limited to, a Preliminary Site Assessment, Soil and Groundwater Investigation, Corrective Action Plan Implementation, and Verification Monitoring to ensure the protection of human health, safety, and the environment. The site is an active gasoline service station containing two 12,000-gallon underground storage tanks, one 550-gallon waste oil tank, three dispenser islands, and a station building with clarifier with hoists. Several assessment activities were conducted at the site between 1998 and 2010, which included assessment of Underground Storage Tanks, waste oil tank upgrade, dispenser and product line replacement activities, drilling of soil borings, and installation of groundwater monitoring wells. Results of the site assessments indicated maximum total petroleum hydrocarbons as gasoline (TPHg) up to 1,791 milligram per kilogram (mg/kg), total recoverable petroleum hydrocarbons (TRPH) up to 322 mg/kg, benzene up to 3.29 mg/kg, and methyl tertiary butyl ether (MTBE) up to 8.8 mg/kg. The site currently has 10 groundwater monitoring wells, which have historically detected contaminant concentrations up to 23,000 micrograms per liter (µg/l) TPHg, 1,200 µg/l of benzene, 980 micrograms per liter (µg/l) of MTBE, and 41,000 micrograms per liter (µg/l) of tertiary butyl alcohol (TBA). Two groundwater-bearing zones flow off site with depth to groundwater measured at approximately 29 feet below ground surface in the upper zone and 40 feet below ground surface in the lower zone. Groundwater flow direction is toward the east- P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

30 SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CITY OF LOS ANGELES Table 4.6.C: Hazardous Waste Releases within and Adjacent to the Project Site Limits Figure ID No. Address, Distance from Subject Site Database Status northeast in the upper zone and toward the southeast (lower zone). A Revised Remedial Action Plan was submitted for Los Angeles Regional Water Quality Control Board review by Antea USA, Inc. (Antea) subcontractors who were working on behalf of Conoco Phillips. The Revised Remedial Action Plan included mitigation efforts to remediate groundwater beneath the site utilizing Oxygen Release Compound (ORC ) by subsurface injection. ORC technology would enhance biodegradation of petroleum hydrocarbons in groundwater. Antea proposed to inject ORC into approximately 40 to 45 injection points initially; 4 9 months after the initial injections, Antea would inject ORC into 40 to 45 additional injection point locations. The Los Angeles Regional Water Quality Control Board concurred with the Revised Remedial Action Plan and the incorporation of additional conditions. In addition to the implementation of the Revised Remedial Action Plan, the Los Angeles Regional Water Quality Control Board required that semiannual groundwater monitoring be continued with Groundwater Monitoring Reports due on July 15 and January 15 each year until further direction from the Los Angeles Regional Water Quality Control Board is provided. This site may pose a potential environmental concern in regard to contaminated groundwater underneath the Project site, because there is the potential for perched groundwater to be encountered during excavation activities. Sources: Environmental Data Resources Inc., EDR Radius Map Report with Geocheck (July, ). GeoTracker Database, State Water Resources Control Board, accessed July 2011 Envirostor Database, Department of Toxic Substances Control, accessed July P:\CCY1101\Draft SEIR\4.6 Hazards and Hazardous Materials.doc (03/07/13)

31 LASKY WILSHIRE BLVD 5 WHITTIER TRENTON CARMELITA WALDEN ROXBURY WILSHIRE BLVD SANTA MONICA BLVD COMSTOCK WARNALL CLUB VIEW MERV GRIFFIN 3 DURANT SANTA MONICA CHARLEVILLE WILKINS HOLMAN ENSLEY EASTBORNE 4 SANTA MONICA BLVD LITTLE SANTA MONICA 1 MORENO ROBBINS YOUNG Beverly Hills 2 SPALDING LINDEN GREGORY MCCARTY MISSOURI CONSTELLATION CENTURY SHIRLEY PANDORA LA GRANGE DUNKIRK FOX HILLS MISSISSIPPI Los Angeles MGM CENTURY WOODS AVENUE OF THE STARS CENTURYPARK GALAXY HEATH HILLGREEN VERONA HOLMBY BEVERLY GLEN BLVD Hazardous Release Sites 1 - Beverly Hills High School 2 - Vonoco Oil & Gas Company 3 - Chevron 4 - Beverly Crest Cleaners 5 - TOSCO - 76 Station #0703 LINNINGTON BENECIA LOUISIANA KERWOOD LEGEND Project Site CALVIN LAURISTON BELLWO O D ORTON KESWICK OLYMPIC BLVD CENTURY EMPYREAN HILL PICO BLVD FIGURE FEET SOURCE: LAR-IAC 2 (2008); TBM (2009); NAIP (2009); County of Los Angeles (2010) I:\CCY1101\GIS\Hazard_Releases.mxd (2/28/2012) Century City Center Hazardous Releases