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CHAPTER 4. HAZARDOUS MATERIALS OVERVIEW The effects of hazardous materials exposure and transportation should be considered in nearly all aspects of transportation planning, construction, and operation. In the planning phase, environmental property assessments should be completed to identify properties potentially contaminated with hazardous materials. During construction, hazardous materials may be used in many aspects of the project, including equipment fueling, asphalt batching, and concrete mixing. Transportation operations involve use of hazardous materials in road maintenance and in various capacities at maintenance facilities. Also during transportation operations, system users and persons living or working near transportation facilities may be exposed to hazardous materials being transported across the system. In each case, regulations governing the identification, use, and disposal/recycling of hazardous materials are applied at the federal, state, and/or local level. Environmental justice assessment for hazardous materials involves defining the pattern of known or potential contamination and then correlating that pattern with the underlying demographic pattern. Methods for assessing hazardous waste sites are well established. Several methods also are available for assessing hazardous materials transport issues, but in general integration of hazardous materials data with demographic data for environmental justice assessment is currently limited in the transportation field. Hazardous materials considerations should be fully integrated within the environmental justice assessment process. Most state DOTs and metropolitan planning organizations (MPOs) collect enough data to assess environmental justice under existing federal, state, and local hazardous materials programs. The key to effectively integrating hazardous materials considerations into environmental justice assessment is to identify the existing hazardous materials data to be used and to integrate that data with demographic information to evaluate distributive effects to protected populations. STATE OF THE PRACTICE Management and transportation of hazardous materials is governed by environmental regulation and authority. Hazardous materials applications within the transportation industry include corridor and project assessments, transportation facility construction and operation, and transportation spills and releases. Environmental regulation and authority The U.S. Environmental Protection Agency (EPA) is the lead federal agency for protecting human health and safeguarding the natural environment--air, water, and land. Within the EPA, the Office of Solid Waste and Emergency Response (OSWER) oversees the implementation of most hazardous waste regulations. In response to Executive Order 12898 (President, Proclamation 1994), OSWER has had a policy on environmental justice since 1994 (U.S. EPA 1994). 95

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Through its Brownfields Economic Redevelopment Initiative and other EPA cleanup programs, OSWER has directed that special efforts be taken for remedy selection purposes when identifying the future uses of land at sites where environmental justice concerns may exist. In August 2001, EPA Administrator Christine Todd Whitman expressed the Agency's commitment to environmental justice and its integration into all EPA programs to ensure that environmental justice is achieved for all communities and persons across the nation. Most states have either been delegated authority or have joint authority with EPA for hazardous waste regulation. As a matter of regulation and practice, most DOTs and MPOs primarily work with state agencies on hazardous materials issues, although most state environmental justice programs are not as developed as EPA programs. Application within the transportation industry In the field of transportation, integration of hazardous materials data with demographic data for environmental justice assessment is limited. In general, the transportation industry's response to environmental justice is driven by the National Environmental Policy Act (NEPA). Although assessment of hazardous waste and hazardous material sites is a component of NEPA, it is not a primary focus of the NEPA documentation process. For this reason, hazardous waste issues often are not addressed within the environmental justice assessment process. To address hazardous materials within the context of environmental justice, the following discussion is divided into three segments common to the transportation field: Corridor and project assessments, Construction and operation of transportation corridors and facilities, and Transportation spills and releases. For each of these segments, we summarize current standard practices along with hazardous materials information currently collected by the transportation industry. While it is not an exhaustive list, the intent is to communicate the overall volume of data already being collected by DOTs and MPOs under current hazardous materials programs. From this information, we can identify the readily available hazardous materials information that can be used to perform environmental justice assessment. Corridor and project assessments Before beginning a transportation construction project, the current practice is to evaluate the transportation corridor for the existence of contaminated sites. Historically, this evaluation has been conducted to address potential impacts to corridor construction costs, schedule, routing, potential construction worker exposure, and associated environmental liability. The initial evaluation typically is a Phase 1 Environmental Site Assessment (referred to as a Phase 1 ESA or a Phase 1 Assessment) conducted in accordance with the American Society for Testing Methods (ASTM) guidelines for environmental due diligence (ASTM 2003). The Phase 1 ESA may be undertaken as a portion of the NEPA environmental review, in preparation for property acquisition, or before construction takes place within a right-of-way. 96

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The Phase 1 ESA has become a common tool for assessing the potential environmental liability associated with the acquisition of a property. The federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), otherwise known as "Superfund," established "joint and several" liability for purchasers of contaminated property. Through this liability, a buyer of contaminated property may be held responsible for cleanup costs even though the buyer did not contaminate the property. The intent of the Phase 1 ESA is to satisfy one of the requirements to qualify for the "innocent landowner defense" to CERCLA liability, making "all appropriate inquiry into the previous ownership and use of the property consistent with good commercial or customary practice" (ASTM 2003). For purposes of environmental justice assessment, the Phase 1 ESA provides information for evaluating the potential effects of hazardous materials sites to protected populations. The Phase 1 ESA typically consists of the following: Site/corridor reconnaissance, Environmental records and regulatory database review, and Interviews with persons knowledgeable about property history and use. During the Phase 1 ESA, environmental regulatory databases are searched for known hazardous materials sites within some defined distance from the right-of-way or construction site. Table 4-1 is an excerpt from a hazardous materials database search. The report describes the types of facilities found and their name, map location, and address. Figure 4-1 is an example of a Phase 1 ESA hazardous waste site locator map. The map was developed in LandViewTM III, showing CERCLA sites, hazardous waste facilities, and Toxic Release Inventory (TRI) facilities (U.S. EPA 2003). Note that LandView TM 5 soon will replace LandViewTM III. Information collected during a Phase 1 ESA can be categorized as: Sites with reported environmental releases and spills, Sites with permits to use and temporarily store hazardous materials/wastes, Sites with permits to treat, store, and dispose of hazardous materials/waste, Sites with permits to operate underground storage tanks and aboveground storage tanks, and Sites with permits to dispose/landfill solid waste (landfills). Using the information collected in the Phase 1 ESA, the DOT or MPO may choose to pursue additional soil investigations, groundwater investigations, or both. These investigations typically are undertaken if a site within a corridor is judged to have "recognized environmental conditions." Recognized environmental conditions include, but are not limited to, underground storage tanks (USTs); above-ground storage tanks (ASTs); reports of previous hazardous materials releases; and suspected dumps, landfills, or prior or current land use consistent with sites typically associated with hazardous materials releases. Such sites would include dry cleaning operations, salvage yards, and railroad roundhouses, for example. 97

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Table 4-1. Example excerpt of hazardous materials database search CERC-NFRAP Search Results 1 CERC-NFRAP site within the searched area. Page Map ID Address Site _____ _____ ________ ________ 38 14 3605 HWY 52N IBM INTL BUS MCHS CORP CORRACTS Search Results CORRACTS: CORRACTS is a list of handlers with RCRA Corrective Action Activity. This report shows which nationally defined corrective action core events have occurred for every handler that has had corrective action activity. A review of the CORRACTS list, as provided by EDR, and dated 05/02/2002 has revealed that there is 1 CORRACTS site within the searched area. Page Map ID Address Site _____ _____ ________ ________ 38 14 3605 HWY 52N IBM INTL BUS MCHS CORP RCRIS Search Results RCRIS: The Resource Conservation and Recovery Act database includes selected information on sites that generate, store, treat, or dispose of hazardous waste as defined by the Act. The source of this database is the U.S. EPA. A review of the RCRIS-TSD list, as provided by EDR, and dated 09/09/2002 has revealed that there is 1RCRIS-TSD site within the searched area. Legend HAZ_WASTE_FACIL H NOT_OF_SUPERFUND_C.. C Railroads Roads (major) TRI T Figure 4-1. Phase 1 ESA hazardous waste site locator map Source: EPA 1998 98

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Standards for soil and groundwater investigations typically are based on state environmental protection agency guidelines. Results of the soil and groundwater investigation are reviewed with respect to EPA and state regulatory agency standards for environmental contamination and cleanup. If a site within or adjacent to the transportation facility's right-of-way displays evidence of contamination above regulatory limits, the DOT or MPO may pursue a number of cleanup options. These options include, but are not limited to, negotiating with the environmental agency to perform the cleanup of the site before acquisition or construction; negotiating with private property owner(s) for site cleanup as a condition of property transfer; or realigning the transportation corridor or segment. In practice, most transportation project cleanups address soil contamination. In general, remediation consists of contaminated soil removal and is typically associated with petroleum contamination. However, for larger corridor realignments or construction involving dewatering, more complex groundwater remediation may be warranted. Current trends in environmental remediation include establishing risk-based cleanup criteria that allow for managing hazardous waste "in place," and establishing institutional controls (such as deed restrictions). The EPA and most state environmental protection agencies have established specific risk-based cleanup programs for soil and groundwater affected by hazardous waste. In general, the criteria for risk-based cleanups address the following points: Intended property use (such as industrial versus residential); Potential effects to human "receptors" via ingestion, inhalation, and dermal contact; and Potential effects to ecological "receptors." Opportunities for offsetting environmental justice benefits as a result of environmental remediation may be a future area of consideration. As an example, the realignment of a road may require that in-place contaminated soil be removed. An environmental justice benefit could result if the road is within a protected population area and the removal of contaminated soil mitigated potential contaminant exposure to the nearby population. In essence, transportation projects can be a catalyst for environmental remediation that may not have otherwise occurred. Data collected during Phase 1 ESAs have the greatest potential for use in hazardous materials environmental justice planning. In particular, environmental database information from federal and state environmental regulatory authorities can be used to assess locations of known environmental contamination sites, large quantity hazardous waste generators, and disposal facilities. These data can then be cross-referenced to demographic information. Assessing environmental justice with respect to hazardous materials should include activities such as corridor realignment as a function of environmental contamination, environmental exposure as a function of site remediation, and positive mitigation and offsetting benefits as a result of site cleanups. 99

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Construction and operation Construction and operation of transportation facilities, including roads, highways, bridges, railways, and maintenance facilities, inherently involves the use of hazardous materials and also generates some level of hazardous waste. Use and control of hazardous materials is regulated by various federal regulations including the Resource Conservation and Recovery Act (RCRA) Toxic Substances Control Act (TSCA), and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Standard practice for state DOTs and MPOs is to maintain regulatory compliance for construction materials and waste. In maintaining compliance, these agencies apply for and maintain environmental permits, including hazardous materials permits, waste manifests for disposal, and spill prevention plans. Hazardous materials permit information is kept by individual DOTs and MPOs and typically is available from federal, state, and local environmental agency regulatory databases. Like the Phase 1 ESA process, this information may be easily accessed for review and integration into environmental justice assessment. Environmental justice assessment should include a review of the use and control of hazardous materials during project construction; siting and establishing construction and demolition debris landfills; siting and establishing DOT or MPO transportation facilities (e.g., maintenance facility); and, potentially, construction staging areas. Transportation spills and releases Accidental spills and releases of hazardous materials are relatively commonplace within transportation corridors. Federal and state DOTs, in concert with the EPA and state environmental protection agencies, regulate transportation of hazardous and radioactive materials. In addition, emergency response guidelines for mitigation and cleanup are regulated at the federal and state levels. Large amounts of accidental release data are available from federal, state, and local agencies. The Emergency Response and Notification System (ERNS) is the primary national database used to report and track hazardous materials spills. This information can be used to determine if past accidental release patterns may disproportionately affect protected populations. For an example of this type of analysis, see Margai (2001), which contains an analysis of the impact zones of spills in two New York counties over a 10-year period using information from ERNS. However, use of predictive modeling for hazardous materials releases is not currently well defined or used in environmental justice assessments within the transportation field. A number of models for predicting impacts as a result of hazardous materials releases are available within the public domain. These models tend to address airborne impacts but also address impacts via liquid/solid materials and radioactive materials. For example, Chakraborty and Armstrong (1995) developed a method using the Areal Location of Hazardous Atmospheres (ALOHA) model, combined with demographic information in geographic information systems (GIS) to assess the demographic characteristics of populations most likely to be exposed to hazardous materials transport accidents in the Des Moines, IA, area. Erkut and Verter (1998) 100