EXECUTIVE SUMMARY APPENDICIES. Appendix A RMR Process Flowchart. Appendix B RMR Review Form. Appendix C Remote Environmental Property Form

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1 EXECUTIVE SUMMARY This manual outlines the process and provides guidance for conducting a Regulated Materials Review (RMR) for Ohio Department of Transportation (ODOT) and Local Public Agency (LPA) projects. This manual has been developed to guide ODOT staff and environmental consultants in identifying potential regulated materials and contamination concerns during the advanced planning and environmental documentation stages of the Project Development Process (PDP) and, when applicable, to facilitate project alternative selection. In addition, this guidance document provides a brief background of regulated materials regulations and why a thorough evaluation of such materials is an important part of each ODOT project. The central goal of the RMR Process is to provide a review of Properties to identify former uses that would indicate the potential for a release of regulated substances to soil and/or groundwater. These efforts are essential for right-of-way (ROW) acquisition, the property appraisal process, and planning for engineering options to minimize the necessary remediation and treatment of residual regulated materials. Consultants completing an RMR for ODOT must be prequalified through the Office of Consultant Services. Prior to beginning any ODOT project, ODOT Staff or the consultant should be fully aware of the proposed project scope of work so the RMR Process is streamlined and completed accurately. This guidance document guides ODOT Staff or the Prequalified Individual through a process to evaluate a Property or Properties within the Project Limits to determine when it may present a risk to the project or be considered cleared from requiring further environmental evaluation (i.e., sampling). An overview of the RMR Process is presented below. A flowchart depicting the sequence of steps and decisions needed to perform an RMR is provided in Appendix A of this manual. APPENDICIES Appendix A RMR Process Flowchart Appendix B RMR Review Form Appendix C Remote Environmental Property Form 1

2 1.0 INTRODUCTION This manual outlines the Regulated Materials Review (RMR) process for Ohio Department of Transportation and Local Public Agency projects. The RMR Process directs ODOT staff and Prequalified Individuals (Users) in the identification of Properties that pose a potential liability risk from a property ownership perspective when acquiring new Right of Way (ROW), or Properties that pose a materials management concern during construction. Regulated materials are a broad category of materials that, because of their quantity, concentration, and/or physical or chemical characteristics, pose a significant present or potential hazard to human health and safety or to the environment if released into the environment. Regulated materials include, but are not limited to, materials that are regulated as solid waste, hazardous waste, and other wastes contaminated with hazardous substances, radioactive materials, petroleum, toxic substances, and pollutants. The procedures detailed in this manual and the companion flowchart are designed to address issues involving due diligence and due care during the PDP for all projects. Due Diligence addresses the potential liability of acquiring a portion or all of a Property that is contaminated with regulated materials. Due Care addresses the proper management of any regulated material generated or pre-existing during the construction of a project. The goal of the RMR Process is to evaluate whether the former use and/or release of regulated materials to soil or groundwater at Properties where ODOT will either: Take new permanent ROW, and/or Conduct deep excavation (excavation to 6 feet or deeper) within or adjacent to the project limits. The presence of regulated materials within existing ROW or in new ROW to be acquired can impact Due Diligence during the property appraisal process, National Environmental Policy Act (NEPA) alternative selection, and planning for the necessary Due Care of regulated materials during excavation. 1.1 Limitations The following represent common limitations of RMRs for ODOT projects: RMRs do not include interviews of current and/or past owners and occupants of properties located within the Project Limits unless a Phase I Environmental Site Assessment (ESA) is performed. Phase I ESAs are limited in the RMR Process to high-risk properties. RMRs generally do not include a search for environmental cleanup liens or activity use limitations (AULs), unless discovered as part of a Phase I ESA. Liens and AULs will be discovered during the ODOT Real Estate Process. RMRs generally are not able to detect the presence of potential environmental contamination that may exist in areas that could not be visually inspected due to weather conditions (i.e., snow) or physical obstructions (stacked cars in junkyards, as an example). 2

3 2.0 REGULATED MATERIAL REGULATIONS AND GUIDANCE Users conducting or coordinating RMRs and investigations must be familiar with the federal, state, and local environmental laws and regulations that apply to hazardous materials. This section summarizes the federal, state, and local environmental laws, regulations, and guidance most likely to be applicable to and associated with typical transportation projects with potential hazardous materials concerns. The following regulatory overview discusses major regulations that could apply to a project depending on specific conditions. Users must work together to ensure that the appropriate regulatory agencies are involved, as required. Additionally, Users must keep track of and be aware of regulatory changes that could affect a project. 2.1 Federal CERCLA (42 United States Code [U.S.C.] Part 103, Sec et seq.) CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste Sites, provided for liability of persons responsible for releases of hazardous waste at these Sites, and established a trust fund to provide cleanup when no responsible party could be identified RCRA (40 Code of Federal Regulations [CFR] Parts ) RCRA is the primary law governing the disposal of solid and hazardous waste. Subtitle C regulates hazardous waste, Subtitle D regulates solid waste, and Subtitle I regulates underground storage tanks (USTs) containing hazardous materials and petroleum products Title XIV of the Public Health Service Act ( Safe Drinking Water Act ) (SDWA) (Public Law ) and the National Primary Drinking Water Regulations (40 CFR Part 141) 2.2 State Congress enacted the SDWA in 1974 to protect public health by regulating drinking water quality. The SDWA authorizes the U.S. Environmental Protection Agency (USEPA) to establish national drinking water standards such as Maximum Contaminant Levels (MCL) and health-related standards (Health Advisory Levels) for both naturally-occurring and manmade contaminants that may be found in the water supply, including underground sources. An MCL is the maximum concentration that a substance is legally allowed to occur in the drinking water supply Surface Water Quality Standards Under the Clean Water Act, every state must adopt water quality standards to protect, maintain and improve the quality of the nation's surface waters. These standards represent a level of water quality that will support the goal of "swimmable/fishable" waters. Water quality standards are ambient standards as opposed to discharge-type standards. These ambient standards, through a process of back calculation procedures known as total maximum daily loads or wasteload allocations form the basis of water quality based permit limitations that regulate the discharge of pollutants into surface waters under the National 3

4 Pollutant Discharge Elimination System (NPDES) permit program. Regulations regarding surface water quality standards can be found in Ohio Administrative Code (OAC) Drinking and Ground Water Quality Standards The primary purpose of the drinking and ground water standards is to protect human health and the environment by characterizing and protecting ground water quality and ensuring that Ohio's public water systems provide adequate supplies of safe drinking water. The Ohio EPA Division of Drinking and Ground Waters (DDAGW) rules were promulgated under USEPA s SDWA. Rules for Ohio public drinking water systems are adopted under ORC Section 6109, and rules for Underground Injection Control, under ORC Bureau of Underground Storage Tank Regulations (BUSTR) The Prequalified Individual or ODOT personnel following the RMR Process should be familiar with the following: OAC 1301: includes rules that address out-of-service, closure-in-place, permanent removal, and change-in-service for USTs. Collectively, these activities are known as closure. OAC 1301: includes rules that address the investigation of releases and suspected petroleum releases from UST systems and the required corrective actions for clean-up of a release to appropriate levels. OAC 1301: and 17 include rules that address sampling and management of petroleum contaminated soil (PCS). Section 4.0, below, describes those requirements. To protect human health and the environment for the citizens of Ohio, BUSTR uses a riskbased corrective action process to ensure an appropriate investigation and clean-up of releases from UST systems Ohio s Voluntary Action Program (VAP) The VAP also has specific rules (OAC ) that govern sampling activities of environmental media and the analysis of samples that are useful to the RMR Process. The VAP is also useful in that the program has published generic direct contact standards (GDCS) for soils under a variety of land use scenarios (residential, commercial/industrial, and construction/excavation). These GDCS are useful in assisting decision-making related to both due diligence and materials management in the RMR Process, by defining how clean is clean. In a larger sense (rarely used as part of the RMR Process), the VAP guides the riskbased remediation of brownfields in Ohio through the issuance of No Further Action (NFA) Letters by Certified Professionals in the private sector who are licensed by the Ohio EPA and the agency s issuance of Covenants Not to Sue (CNS) for properties that fulfill all the requirements under the VAP. VAP regulations fall under the Ohio EPA s Division of Environmental Response and Revitalization (DERR), and may be found in OAC Materials and Waste Management 4

5 In Ohio, waste management regulations fall under the Ohio EPA s Division of Materials and Waste Management who ensures hazardous and non-hazardous wastes are managed in accordance with applicable regulations. Wastes can be classified into two categories: 1) hazardous waste or 2) solid waste, infectious waste and construction demolition debris (C&DD). Hazardous Wastes Wastes that are classified as hazardous are regulated under RCRA under subcategories such as Cessation of Regulated Operations (CRO) (OAC ), treatment, storage and disposal (TSD) facilities (OAC through 57 and ), transporters (OAC ), generator requirements for conditionally exempt and small and large quantity generators of hazardous waste (OAC , -65, -66, -69, -256 and -270), universal wastes (OAC ) and used oil (OAC ). Solid Waste, Infectious Waste and Construction Demolition Debris Wastes that fall under the category of solid waste, infectious waste and C&DD include wastes generated from composting facilities, incinerators, industrial solid waste landfills, infectious waste, municipal solid waste landfills and transfer facilities, residual solid waste landfills, orphaned landfills and scrap tire facilities. Regulations for these wastes are stated in OAC 3734, , -29, -30, -37, -53, -56, -400 and -500 through

6 3.0 PURPOSE OF THE REGULATED MATERIAL REVIEW The central goal of the RMR is to review Properties to identify former use that would indicate the potential for a release of regulated substances to soil and/or groundwater. These efforts are essential for right-ofway (ROW) acquisition cost and the property appraisal process and planning for engineering options to minimize the necessary remediation and treatment of residual hazardous materials. The RMR Process should be followed as project conditions (limits, nature of ROW acquisition and any deep excavations, etc.) are known in an effort to: Perform Due Diligence to avoid ODOT liability during ROW acquisition; Assist in identifying project alternatives to satisfy NEPA; Prevent/minimize delays or unexpected costs during construction; Estimate the cost of any Due Care activities; Prevent or minimize further migration of regulated materials releases due to the construction of the transportation facility; and Develop specific materials management or institutional controls required during construction and include in project costing and schedule. The emphasis on investigation and avoidance/minimization of contaminated property is based on extensive experience showing that serious contamination can result in excessive project delays, impacts, costs, and liability. The following types of ODOT activities have a higher potential for encountering hazardous materials contamination during construction: Projects involving total property takes Projects involving strip takes at Properties where contamination is known or suspected Projects involving demolition of primary structures on properties Projects involving high-risk properties Underground utility or pipeline adjustments Installation of columns or piers Deep Excavations (6 feet or greater in depth) 6

7 4.0 THE REGULATED MATERIALS REVIEW PROCESS Prior to beginning the RMR, the User should have an understanding of the projected Project Limits, ROW acquisition and the degree to which Deep Excavations (excavations six (6) feet or greater below surface grade) are a part of the project. The District Environmental Coordinator should be contacted to determine if prior studies have been undertaken in the immediate vicinity that will inform the review process. The following steps should be viewed in conjunction with the flow chart in Appendix A. Step 1 INITIAL DETERMINATION Step 1 of the RMR Process determines whether new permanent ROW is expected to be obtained from any Property within the Project Limits or if the project will involve potential Deep Excavations. If the project does not require new permanent ROW and no Deep Excavations are planned as part of the project, the User can stop any further investigation and document this finding In Environet. The project type is considered to pose minimal risk of Due Diligence and Due Care concerns and is, therefore, exempt from further evaluation for regulated materials. Step 2 PERMANENT ROW EXEMPTIONS If new permanent ROW will be acquired from any Property in the Project Limits, or if Deep Excavations will be performed on any property within the Project Limits, Step 2 of the RMR requires the user to evaluate the current land use on Properties subject to the use. Properties should be evaluated to determine if the entire Property is limited to one of the following: Forested land or a cemetery Occupied by a park or another recreational land Used only for Residential purposes Used only for Agricultural purposes Previously Undeveloped If the Property(s) within the Project Limits are limited to the land use outlined above, the User documents the appropriate land use on the RMR Review Form (Appendix B). The User must then upload the RMR Review Form to Environet. The RMR for the project is now complete. In addition to uploading the RMR Review Form, the User must provide a justification for classifying the Property as one of the exemptions. The User may use any of the following resources. Note that this list is not exhaustive and the User may contact the ODOT-RMR Section to determine if other resources are acceptable to use as justification. For all justifications, please include all available maps (ex. Use all available aerial photographs). If the amount of photographs/other justifications are too numerous to include, a photograph for every ten years is sufficient. Acceptable Justification Resources: Aerial Photographs Historic Photographs Sanborn Maps Other maps/photographs from resource agencies (OEPA, USEPA, BUSTR, ect.) 7

8 If the Project has a District Project Field Review, or the User has visited the site, and there are conditions that would indicate possible issues such as strong gasoline smells, underground storage tank fill ports, visible trash/waste accumulation that is more than litter, or other indicators, the User may NOT exempt the Property form further consideration. This applies even if one of the land use criteria listed above are present. Step 3 ENVIRONMENTAL DATABASE SEARCH For those Properties where Deep Excavations will be performed or new permanent ROW will be acquired and the land use criteria listed under Step 2 are not met, the next step in the process is to perform an Environmental Database Search (EDS). In Step 3, the User may employ either: 1. a commercial database search; 2. ODOT s GIS 3. environmental databases publically available on-line provided that the EDS includes the following federal and state databases, and is limited to the distances from the Project Limits indicated: Database National Priorities List Sites Active CERCLIS Sites and CERCLIS NFRAP Sites RCRA CORRACTs Sites RCRA Non-CORRACTS TSD Facility Sites RCRA Generators Sites Federal Institutional/Engineering Control List Sites Federal Databases Distance from Project Limits Within ½ mile of Project Limits Within 0.1 mile of Project Limits Within 0.1 mile of Project Limits Within 0.1 mile of Project Limits Within/abutting Project Limits Within/abutting Project Limits State Databases Database Solid Waste Facilities BUSTR Registered UST Sites BUSTR Leaking UST Sites Ohio Spills Database Site Ohio Voluntary Action Program Sites Ohio Institutional/Engineering Control List Sites Distance from Project Limits Within ¼ mile of Project Limits Within/abutting Project Limits Within/abutting Project Limits Within/abutting Project Limits Within/abutting Project Limits Within/abutting Project Limits The User should be aware of the following: 8

9 The EDS should be capable of determining whether a listed Property is upgradient, sidegradient, or downgradient of the defined Project Limits. This is important because a Property that is upgradient of the Project Limits could contain regulated materials in the soil or groundwater that could travel downgradient into the Project Limits. Large Properties (such as National Priorities List Sites or Solid Waste Facilities) are mapped in commercial database searches by street address (or, at best, by a permanent parcel number). It is possible that all or part of one of these Properties could be located within the specified search radius but not captured if the street address plots outside the specified search radius. A layer list legend is attached at the end of this document. The User must then evaluate the results of the EDS under the following criteria: No Property(s) identified as a part of the EDS are within any of the specified search radii Property(s) identified as a part of the EDS are either not listed or are downgradient of the project limits Property(s) identified are a BUSTR Registered UST Site or a RCRA Generator Site ANY identified Property(s) within the specified search radii that are adjacent to or within the Project Limits. ANY identified Property(s) within the specified search radii that are within 0.1 and 0.5 miles of the project limits, AND upgradient from the project limits. Document findings on RMR Review Form (Appendix B). Move to Step 4. Document findings on RMR Review Form (Appendix B). Move to Step 4. Document findings on RMR Review Form (Appendix B). Move to Step 4. Document findings on RMR Review Form (Appendix B). Move to Step 4. Continue with Step 3 If there is an identified property within 0.1 and 0.5 miles from the project limits, and is a National Priority List, CERCLIS/CERCLIS NFRAP, RCRA CORRACTS, RCRA Non-CORRACT TSD, or a Solid Waste Facility, the user must conduct a review of the information to determine if there are potential concerns. The user must obtain any files from agencies that have jurisdiction over the property. If the file indicates there is a potential for regulated materials to exist in the stream, sediments or groundwater, a Phase II may be performed on the remote property. The reason a Phase I may be skipped is that these properties contain a higher risk of potential concerns than other database listed properties. If it appears a Phase II is required, contact OES. RCRA Generator and Regulated BUSTR properties are considered lower risk than other database properties because of the amount of regulation the owner must undergo to operate as such. If the file indicates there is no concern of regulated materials, document this on the Remote Environmental Property Form (Appendix C) and continue to Step 4 below. Step 4 Property Inventory 9

10 The next step on the RMR Review Form is creating the property inventory. The Property Inventory should be accompanied by mapping that cross-references the table on the form by Property designation. The first step is to determine the risk of each remaining property that has not been exempted out by any of the previous steps. Some Properties that were not identified on the Environmental Database Search and are considered to be low risk are eligible for exemption at this step. A Property may only be exempted at this step if it is low risk, not a total take, and not a partial take with a demolition. All Properties not already exempted out should be listed on the Property Inventory and Land Use Risk Form, although groups that are contiguous and have similar low risk land use profiles (such as contiguous Properties occupied by single-family houses, duplexes or apartment buildings) may be grouped together as deemed appropriate. The following land uses are considered low risk : Commercial Office Space Banks Physicians/Dentist Offices Retail Stores Pharmacy Grocery Restaurant Daycares Lodging Car Dealerships (Note if there are repair or oil change areas on the property, this is considered high risk.) Florists/Landscapers The following Land Uses are considered high risk Gas Stations Dry Cleaners Automotive Repair/Service/Oil Change Body Shops Electrical Substations Railroad Maintenance/Sidings Junkyard/Scrapyard Oil/Chemical Warehouse/Storage Landfill ANY Industrial/Manufacturing Use There are eleven possible situations. If the User encounters a situation where the list below does not describe the Project or Property, begin the RMR Process again or contact OES-RMR.. 1. All total takes of a high risk property will be subject to a Phase I. 2. All partial takes of a high risk property that include the demolition of a structure will be subject to a Phase I. 10

11 3. All partial takes without a demolition of a structure that involve high risk properties will be subject to a Phase I. 4. All partial takes without the demolition of a structure that involve properties that were identified in the Environmental Database Search will be subject to a Phase I. 5. All partial takes without the demolition of a structure that involve low risk properties will NOT be subject to a Phase I. 6. All Deep Excavations that require a structure to be demolished on the Property will be subject to a Phase I. 7. All Deep Excavations that do not require a structure to be demolished on the Property that was identified in the Environmental Database Search will be subject to a Phase I. 8. All Deep Excavations that do not require a structure to be demolished on the Property that take place on high risk property will be subject to a Phase I. 9. All Deep Excavations that do not require a structure to be demolished on the Property that take place on low risk property will NOT be subject to a Phase I. 10. Properties meeting Items 3, 4, 7, or 8 on which prior studies have been completed: Contact the ODOT-RMR Section to determine if the prior investigations satisfy the due diligence/due care requirements. 11. Any other results, please contact the ODOT-RMR section for more guidance. STEP 5 PHASE I ENVIRONMENTAL SITE ASSESSMENTS (ODOT OES GUIDELINES) (NOTE: THIS WILL BE UPDATED IN FUTURE RMR UPDATES) In general, a Phase I ESA consists of four (4) components: 1) a records review; 2) Property reconnaissance; 3) interviews and an evaluation; and 4) completion of a Phase I Report The Phase I ESA does include any testing or sampling of materials (i.e., soil, water, air, etc.). Please keep in mind that the intent of this section is not to reiterate the Phase I ESA process verbatim, but to rather provide the User with an understanding of the required components. A summary of the Phase I ESA process is presented below. 5.1 Background Review The purpose of the records review is to obtain and review records that will help identify the likelihood of the presence of regulated materials contamination. Availability of record resources may vary by locations or governmental jurisdictions and the User is not required to review every possible record available. The User may deem certain information not reasonably ascertainable based on time and costs associated with obtaining the information Environmental Database Search 11

12 Environmental information that is required for review under includes the following standard environmental databases and minimum search distances: Federal Databases: The Federal National Priorities Listing (NPL) Sites list for the Site and all Properties within an approximate minimum search distance of 1.0 mile. The Federal Delisted National Priorities Listing (NPL) Sites list for the Property and all Properties within an approximate minimum search distance of 0.5 miles. The Federal Comprehensive Environmental Response and Liability Information System (CERCLIS) list for the Property and all Properties within an approximate minimum search distance of 0.5 miles. The CERCLIS No Further Remedial Action Planned (NFRAP) Sites list for the Property and all Properties within an approximate minimum search distance of 0.5 miles. The Federal Resource Conservation and Recovery Act (RCRA) Corrective Action Sites Lists (CORRACTS) for the Property and all Properties within an approximate minimum search distance of 1.0 mile. The Federal RCRA non-corracts transfer, storage, and disposal (TSD) facilities list for the Property and all Properties within an approximate minimum search distance of 0.5 miles. The Federal RCRA generators list for the Property and adjacent properties. Federal institutional control/engineering control (IC/EC) registries for the Property. The Federal Emergency Response Notification System (ERNS) list for the Property. State Databases: The Ohio EPA s Master Sites List (MSL)/Division of Emergency and Remedial Response (DERR) Database for the Property and all Properties within an approximate minimum search distance of 1.0 mile. State and tribal-equivalent NPL for the Property and all Properties within an approximate minimum search distance of 1.0 mile. State and tribal-equivalent CERCLIS for the Property and all Properties within an approximate minimum search distance of 0.5 miles. The Ohio EPA s spills database for the Property. State and tribal landfill and/or solid waste disposal Site list for the Property and all Properties within an approximate minimum search distance of 0.5 miles. BUSTR s Leaking Underground Storage Tank (LUST) list and tribal leaking storage tanks for the Property and all Properties within an approximate minimum search distance of 0.5 miles. BUSTR s Registered Underground Storage Tank (UST) list and tribal registered storage tanks for the Property and adjacent properties. State and tribal institutional control/engineering control (IC/EC) registries for the Property. State and tribal voluntary cleanup program (VCP) Sites for the Property and all Properties within an approximate minimum search distance of 0.5 miles. State and tribal Brownfield Sites for the Property and all Properties within an approximate minimum search distance of 0.5 miles Regulatory Agency File and Records Reviews 12

13 Regulatory agency file and records reviews should be conducted for the Property or Adjacent Properties that are determined to have the potential to impact the property. The User may use his/her discretion as to whether or not to conduct such reviews; however, the User must report the justification of not conducting a regulatory file review within the final report Additional Records Resources Additional sources not listed in the previous sections may be used to supplement the standard environmental records resources. Examples of these resources may include local agencies such as building, health and fire departments or state agencies such as BUSTR. 5.2 Historical Use Information The purpose of conducting historical research for a Property is to determine whether or not past uses of the Property or surrounding Properties may have led to regulated materials contamination in connection with the Property. Uses of the Property should be identified from the present, back to the Property s first developed land use or 1940, or whichever is earlier. Standard historical sources may include aerial photographs, fire insurance maps, property tax files, historical topographic maps, fire, building or health department files, zoning/land use records or city directories. 5.3 Property Reconnaissance The purpose of conducting a Property reconnaissance is to visually identify evidence that would suggest the potential presence of regulated materials contamination associated with a Property or surrounding Properties. The Property reconnaissance involves a visual inspection of the interior of all structures on a Property as well as observing exterior Property characteristics. Features that should be noted may include, but are not limited to, general descriptions of structures (age, construction, etc.), adjoining public thoroughfares, potable water supplies, utilities and sewage disposal. The User should also note the usage or indication of usage of regulated materials and/or storage such as aboveground or underground storage tanks (fill pipes, vent pipes, contents if known, capacities, etc.), drums or containers and/or pools of liquid. Other features that are also noteworthy include the use of hydraulic equipment or transformers (polychlorinated biphenyls [PCBs]), drains, sumps, stained pavement or soil, odors, pits, ponds or lagoons and/or stressed vegetation. As part of Property reconnaissance activities, the User shall create a Property diagram that depicts potential sources of contamination, buildings, drains, sumps and any other pertinent features identified. In addition, the User shall photo document current conditions at the Property. The Property diagram and photographs shall be provided as an Appendix to the Phase I ESA form. 5.4 Interviews Interviews should be conducted with persons knowledgeable of the Property and may include the Property owner, occupants or managers, or may even include members of local agencies (i.e., a Fire Chief or representative of the building department, etc.). Properties that are multi-family Properties do not require interviews with occupants. Interviews may be conducted in person, in writing or by telephone at the discretion of ODOT staff or the User. 13

14 5.5 Evaluation and Report Preparation The final portion of the Phase I ESA should include an evaluation of the research conducted during the Phase I ESA to determine if additional investigation is warranted at the Property or if the Property is cleared from further assessment. The findings of the Phase I ESA should be documented in the report, which includes the following sections: Executive Summary; Introduction; Geological Information; Historical Land Use Records Review; Regulatory Records; Interviews; Property Reconnaissance Activities; Conclusions. Appropriate documentation should be provided as an Appendix to the report, including, but not limited to, copies of the various geological maps reviewed; copies of aerial photographs, Sanborn fire insurance maps, city directory listings; and copies of any information provided from agencies contacted. STEP 6 PHASE II ENVIRONMENTAL SITE ASSESSMENT SAMPLING (NOTE: THIS WILL BE UPDATED IN FUTURE RMR UPDATES) Phase II ESA Sampling ( Sampling ) is conducted when either: 1. The ESA Screening process determines that a Property poses a potential liability or materials management risk within the Project Limits; or 2. A Phase I ESA indicates that there is a high potential of regulated materials contamination on a total take or primary building demolition Property; or 3. In the unlikely circumstance that a Remote Property not contiguous to the Project Limits poses a materials management concern for certain mobile environmental media that may be encountered or disturbed during construction. ODOT staff or the Prequalified Individual shall make recommendations regarding proposed Sampling at a particular Property; however, the final determination will be up to ODOT OES staff. The nature of Sampling of environmental media is very specific to each project. Sampling is dependent upon the nature of any ROW acquisition, construction activities and depth, the nature of the potential COCs, the affected environmental medium, etc. STEP 7 PLAN NOTES (NOTE: THIS WILL BE UPDATED IN FUTURE RMR UPDATES) 14

15 In the event that contamination of soil or groundwater has been identified in an area in which ODOT will be performing Deep Excavation and/or taking permanent ROW, ODOT OES will specify the details of the contamination by using Plan Notes. The Plan Notes specify what type of contamination can be expected (soil or water), where the areas of contamination are anticipated to be encountered, the concentrations of constituents of concern within the contaminated material, personal protective equipment needed when coming into contact with the contaminated material and advisement on how to manage the contaminated material. An example of an ODOT Plan Note has been provided below. 1. Item Special Petroleum Contaminated Soils Environmental studies have shown that encountering petroleum contaminated soil will be encountered during excavations for construction activities at: , STA XXX to STA XXX & STA XXX to STA XXX). The Contractor shall manage this material according to the following notes. The estimated quantities have been included in the General Summary for this work. All excavations at the aforementioned location shall be paid for under the original plan bid items. All potential petroleum contaminated soil, within the aforementioned limits, excavated by the Contractor at this location may be stockpiled in an area provided by the Contractor and approved by the Engineer. The Engineer may permit temporary storage of the excavated material in a lined and covered roll-off box. The Engineer may permit temporary storage of the excavated material on an impermeable membrane. The membrane shall be surrounded by bales of straw to prevent the suspected soil from coming in contact with the original soil. An impermeable membrane shall be placed over the stockpile to prevent contact with precipitation and/or surface run-off. The Engineer may permit the Contractor to direct load the excavated contaminated material into trucks. If excavations within the aforementioned limits require dewatering for construction purposes, the Contractor shall dewater, containerize, test the water and dispose of by methods approved by the Engineer. The Contractor shall obtain all the necessary permits and/or authorizations needed to store, transport and dispose of the water in accordance with applicable local, state or federal regulations. The Contractor shall be responsible for disposal of regulated water with a method approved by the Engineer. Work involved with this Item Special includes complying with the handling, storage, and disposal of regulated and non-regulated water. The Contractor is to complete all manifests for the material to be transported and provide to the Engineer for signature. Obtain all necessary permits and approvals to transport the material to a licensed and permitted disposal facility. Contact the disposal facility to determine if any additional testing is required for disposal. Provide any additional sampling and analysis of the material as required by the disposal facility. Obtain all signatures on the manifest for transporting and disposal of the material and provide a final copy to the Engineer. This material shall be properly tested (for disposal), transported, and disposed of in a licensed (by the local health department) and permitted (by the Ohio Environmental Protection Agency) 15

16 solid waste facility. The Contractor shall be responsible for obtaining all necessary testing, permits and approvals and to transport the material. Payment for this work shall be made at the contract price bid per ton and gallon. The basis for conversion from tons to cubic yards is 1.5 ton/cubic yard. All excavations within the aforementioned limits shall be paid for under the original plan bid items. The following estimated quantities have been included in the General Summary for the work noted above: 690E65016 Item Special - Work Involving Petroleum Contaminated Soil Ton 690E65002Work involving Non-regulated Water Gallons 690E Work Involving Regulated Water Gallons ESA PLAN NOTE CHANGES Example 1 Based on environmental studies with testing conducted by ODOT and/or for regulatory agencies (materials contaminated with petroleum contaminated soils) or (contaminated materials), will be encountered during the excavation of proposed underdrains, catch basins, signal support poles and/or roadway construction near the intersection of Washington Street and Main Street, at approximately STA (RT) to STA (RT). Example 2 Environmental studies have shown that petroleum contaminated materials and hazardous waste will be encountered during demolition and excavations for construction activities on the FISCA property. Impacted soils and groundwater are anticipated from Station to Station along Fort Amanda Road and from Station to Station on Shawnee Road. Example 3 Environmental studies have shown that heavy metals are expected to be encountered during stream sediment excavations for the Scioto River bridge piers at approximately STA to STA -. 16

17 Regulated Materials Review (RMR) Web Mapping Application Layers List Layer name comparison list. Below is a list of the layer names in the RMR Analysis Viewer and the Step 3 ENVIRONMENTAL DATABASE SEARCH search layers in the RMR Guidance that they correspond to. Federal Databases RMR Guidance National Priorities List Sites Active CERCLIS Sites and CERCLIS NFRAP Sites RCRA CORRACTs Sites RCRA Non-CORRACTS TSD Facility Sites RCRA Generators Sites Federal Institutional/Engineering Control List Sites RMR Analysis Viewer Layer SEMS > SUPERFUND NPL SEMS > SUPERFUND (NON-NPL) SEMS > SUPERFUND (NON-NPL) RCRA > TSD RCRA > CESQG, LQG, SQG, TRANSFER FACILITY, TRANSPORTER, UNSPECIFIED UNIVERSE, OTHER HAZARDOUS WASTE ACTIVITIES Federal Engineering Controls Federal Institutional Controls State Databases RMR Guidance RMR Analysis Viewer Layer Solid Waste Facilities Active Solid Waste Facilities (all items) BUSTR Registered UST Sites UST Locations (Active / Inactive ) BUSTR Leaking UST Sites LUST Locations (Active / Inactive ) Ohio Spills Database Site Spills Database Ohio Voluntary Action Program Sites VAP Sites Ohio Institutional/Engineering Control List Sites Projects With Engineering Controls Projects With Institutional Controls 17