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Phase I Environmental Assessment. By: Robert M. Senga, Section Chief Tiered Permitting Corrective Action Branch DTSC, Cypress Office (714) 484-5436 rsenga@dtsc.ca.gov. Summary of the Presentation. Definition of Terms Authority requiring Phase I Environmental Assessment
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Phase I Environmental Assessment By: Robert M. Senga, Section Chief Tiered Permitting Corrective Action Branch DTSC, Cypress Office (714) 484-5436 rsenga@dtsc.ca.gov
Summary of the Presentation • Definition of Terms • Authority requiring Phase I Environmental Assessment • Who needs to comply? • How to conduct a Phase I Verification Site Inspection
What is a Phase I Environmental Assessment? • Under H&S Code 25200.14(a) “Phase I Environmental Assessment means a preliminary site assessment based on reasonably available knowledge of the facility, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence”
Who has authority? DTSC or the Unified Program Agency (UPA) authorized to implement Phase I Environmental Assessment
Who is required to comply? Owner or Operator of Facilities operating under a Permit By Rule (PBR), Conditional Authorization (CA), Transportable Treatment Unit (TTU), and Fixed Treatment Unit (FTU)
What is a Phase I Environmental Assessment Checklist? • DTSC shall develop a Checklist to be used by the Facility owners or operators and generators in conducting a Phase I Environmental Assessment pursuant to H&SC 25200.14(f) • Where do I find the Checklist? • http://www.dtsc.ca.gov/HazardousWaste/upload/HWM-TP_Phase-I-Env-Assessment-Chcklist.pdf
Who is exempted from submitting a Phase I Environmental Assessment? • Facility owner, operator or generator who is conducting, or has conducted a site assessment for the entire facility in accordance with an order issued by the California RWQCB, state, or federal environmental enforcement agency • An assessment meeting the requirements of 25200.14 completed not more than 3 years from when it was required, and if the assessment is supplemented by a relevant and updated information
When do you file the Phase I Environmental Assessment? • Not later than one year from the date the Checklist was adopted, but not later than January 1, 1997 • Or one year from the date the Facility becomes authorized to operate the treatment unit, which ever date is later
Is sampling required to comply with Phase I Environmental Assessment? No, DTSC or the Unified Program Agency shall not require sampling or testing as part of Phase I Environmental Assessment
Who signs the Phase I Environmental Assessment? • A Phase I Environmental Assessment shall be signed by the owner, operator, generator, or their designee; or by a professional engineer, geologist or a registered environmental assessor. • The Phase I Environmental Assessment preparer shall indicate whether further investigation including sampling is necessary to determine if a release has occurred and the general extent of the release at the Facility.
Is the Phase I Environmental Assessment information confidential? • The Checklist information is confidential and can only be released to DTSC or an authorized UPA • The information shall not be available to the public or other government agencies (added in the statute in 1995, AB 483)
How do you evaluate the completed Phase I Environmental Assessment Checklist? • Consider the information for the entire site or a limited portion of the Facility, if supported by adequate information
What is a Facility? A Facility is defined as the entire site that is under the control of the owner or operator, pursuant to H&SC 25404.1(a)(3)(E) and Title 22 67450.7(a)(1)
What are the Components of Phase I Checklist? • Facility Information • Facility History • Facility Walkthrough Areas • Loading/Unloading area • Hazardous Materials area • Hazardous Waste Generation/storage area • Onsite Treatment area • Other Areas • Signature & Certification Page • Further Investigation is needed • No Further Investigation (NFI) • Exempt • Area of Concern Datasheet
How do you prepare for Phase I verification Site Inspection? • Review file/records, including other agency files • Review manifest database • Internet search • Make an appointment with the Facility
How to conduct a Phase I verification Site Inspection? • State the purpose of the inspection • Ask for consent to conduct inspection including taking photographs • Verify Facility information in the Phase I Checklist • Conduct Facility walkthrough and an exit interview • Prepare and send inspection report
Facility Information • Current/previous Facility name • Business type • Chemical Process and Hazardous Chemicals Used • Hazardous Waste Generation • Regulatory Status/other permits • Owner/Operator information (current & previous) • Property Owner Information/operator Information (if different) • Dates of Ownership • Contact person and contact number
Facility History This will determine if past operating practices and significant historical events that occurred at the Facility indicate potential areas of contamination.
Facility History (Cont’d) • Has an environmental Assessment ever been completed for the Facility? • Does the assessment meet criteria for substituting for Phase I Checklist? • Was the assessment conducted pursuant to ASTM standards? • Does the assessment cover the entire site?
Facility History (Cont’d) • Have areas of the Facility that contain hazardous materials ever been flooded? • Has the Facility been damaged by an earthquake that may have caused contamination? • Has the Facility location ever been used for industrial purposes prior to its current use?
Facility History (Cont’d) • Has there been disposal of hazardous chemicals or hazardous wastes on, on or under the property? • Has the Facility ever had electrical transformers, capacitors or hydraulic equipment which may have released PCBs or oil? Was equipment ever tested for the presence of PCBs? • Any Groundwater wells at the Facility? Or has testing of groundwater wells ever revealed contamination?
Facility History (Cont’d) • Does the Facility have any photographs, reports indicating possible presence of hazardous materials/waste? • Has the Facility ever had liquid/sludge areas, surface impoundments, collection ponds or lagoons? • Has the Facility ever been used for land-farming or bioremediation? • Has the Facility ever burned hazardous wastes, unidentified waste materials, tire or automotive batteries? • Have ash and or combustible residuals been disposed at the Facility?
Facility History (Cont’d) • Have any USTs been removed, abandoned or taken out of service at the Facility? Any potential contamination discovered during the removal? • Has any contaminated soil been discovered or remediated without oversight by an appropriate agency? • Has there been a fire/explosion which may have caused release of HW? • Has the Facility ever received complaints from any employees, neighbors or public regarding HW management, potential releases to air, water or soil?
Facility History (Cont’d) • Have nearby residents complained to a government agency of any illness which might have been caused by activities at the Facility? • Are there any areas at the Facility which were formerly used for hazardous materials transfer? • Have there been lawsuits concerning actual, alleged, or threatened release of any hazardous substance against the Facility by another party?
What do you look for during Facility Walkthrough? • Indication of releases, stains, cracks or corrosions at: • Loading/Unloading areas • Hazardous Materials areas • Hazardous Waste Generation/Storage areas • Hazardous Waste Treatment areas • Process areas • Other areas
Exit Interview • Close the inspection by summarizing your observations (Verbally) • Inform the Facility that a final inspection report will be mailed • Discuss the corrective action process and cost reimbursement requirements
What should be included in the Inspection Report? • The report should include the following: • Facility Information • Details of the inspection (interview) • Observations during the facility walkthrough • Areas of Concern identified and basis • Copies of photographs • Any other supporting documents, ex: manifests
DTSC’s experience with Phase I Checklist? Phase I Checklist Submitted in 1997 1300+ NFI 1000 FI 130 Exempt 50 Non-Submittals 150 Corrective Action Consent Agreements signed = 85 Approximately 30-40% came from NFI submittals
Conclusion The information onthePhase I Checklist does not always accurately describe the conditions at these sites. Therefore, it should not be used alone as an indicator without a verification site inspection.
