2.11 hazardous waste · 2019. 7. 3. · 171-14, 650-171-04, and 650-181-02; the locations of these...

Chapter 2 Affected Environment, Environmental Consequences, and Avoidance, Minimization, and/or Mitigation Measures

State Route 74 Lower Ortega Highway Widening Project Environmental Assessment 2.11-1

2.11 Hazardous Waste/Materials

2.11.1 Regulatory Setting Hazardous materials, including hazardous substances and wastes, are regulated by many federal laws. Statutes govern the generation, treatment, storage, and disposal of hazardous materials, substances, and waste, and also the investigation and mitigation of waste releases, air and water quality, human health, and land use.

The primary federal laws regulating hazardous wastes/materials are the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 and the Resource Conservation and Recovery Act (RCRA) of 1976. The purpose of CERCLA, often referred to as “Superfund,” is to identify and cleanup abandoned contaminated sites so that public health and welfare are not compromised. The RCRA provides for “cradle to grave” regulation of hazardous waste generated by operating entities. Other federal laws include:

• Community Environmental Response Facilitation Act (CERFA) of 1992 • Clean Water Act • Clean Air Act • Safe Drinking Water Act • Occupational Safety and Health Act (OSHA) • Atomic Energy Act • Toxic Substances Control Act (TSCA) • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

In addition to the acts listed above, Executive Order (EO) 12088, Federal Compliance with Pollution Control Standards, mandates that necessary actions be taken to prevent and control environmental pollution when federal activities or federal facilities are involved.

California regulates hazardous materials, waste, and substances under the authority of the CA Health and Safety Code and is also authorized by the federal government to implement RCRA in the state. California law also addresses specific handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning of hazardous waste. The Porter-Cologne Water Quality Control Act also restricts disposal of wastes and requires cleanup of wastes that are below hazardous waste concentrations but could impact ground and surface water quality. California regulations that address waste management and prevention and cleanup of

http://www.dot.ca.gov/ser/vol1/sec1/ch1fedlaw/chap1.htm#Ch1CERCLA

http://www.dot.ca.gov/ser/vol1/sec1/ch1fedlaw/chap1.htm#Ch1CERCLA

http://www.dot.ca.gov/ser/vol1/sec1/ch1fedlaw/chap1.htm#Ch1RCRA1976

http://www.dot.ca.gov/ser/vol1/sec1/ch1fedlaw/chap1.htm#Ch1RCRA1976



contamination include Title 22 Division 4.5 Environmental Health Standards for the Management of Hazardous Waste, Title 23 Waters, and Title 27 Environmental Protection.

Worker and public health and safety are key issues when addressing hazardous materials that may affect human health and the environment. Proper management and disposal of hazardous material is vital if it is found, disturbed, or generated during project construction.

2.11.2 Affected Environment This section is based on the Initial Site Assessment (ISA) (2018) and the Aerially Deposited Lead (ADL) summary letter (2018) for the proposed project.

2.11.2.1 Field Survey and Record Search Methodology The following were conducted as part of the ISA:

• Site Reconnaissance: On May 16, 2018, site reconnaissance consisting of the observation and documentation of existing conditions along and in the vicinity of the project segment of State Route 74 (SR-74) were conducted. The visit included observations of specific properties for evidence of release(s) and assessment of the potential for on-site releases of any hazardous materials. The site reconnaissance was limited to the exterior parts of properties proposed for full or partial acquisition as part of Build Alternative 2.

• Environmental Database Review: A records search of Federal, State, and local environmental databases for the area within approximately 1 mile of the project limits was conducted on May 2, 2018.

• Agency Records Review: The State Water Resources Control Board’s (SWRCB) GeoTracker online database, the California Department of Toxic Substances Control (DTSC) EnviroStor online database, the Orange County Health Care Agency Environmental Health (OCHCAEH) online database, and the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) Well Finder database were used to obtain documentation for properties within and adjacent to the project limits.

• Historical Research: Aerial photographs, historical topographic maps, and city directories of the area along and in the vicinity of the project limits were reviewed.



2.11.2.2 Recognized Environmental Concerns within the Project Limits Impacts Associated with Proposed Acquisition Parcels In total, approximately 41 parcels would be used as Temporary Construction Easements (TCEs) for accommodating the construction of the proposed noise barriers, four-way traffic signals, sidewalks, and retaining walls, 33 parcels would be required for Permanent Easements (PEs), which would allow for maintenance of the proposed retaining walls and noise barriers, and a total of five existing single-family residential parcels (Assessor Parcel Numbers [APNs] 650-171-20, 650-171-17, 650-171-14, 650-171-04, and 650-181-02; the locations of these parcels are shown on Figure 2.11-1) would be partially acquired for Build Alternative 2. Based on the historical research, these parcels have historical agricultural use (groves) during periods when persistent pesticides may have been applied to crops and therefore, there may be pesticides that potentially remain in the soil.

Impacts Associated with Parcels Located in the Vicinity of the Maximum Disturbance Limits The following non-acquisition parcels located in the vicinity of the project limits of the project are reported on the environmental database review:

• 28607 Ortega Highway. The property is listed on the National Pollutant Discharge Elimination System (NPDES) database. The listing corresponds with Tract 17052, which is located north of the project limits, northwest of SR-74 and west of Reata Road. The NPDES permit was active from 2007 to 2013. The facility is not listed on databases indicative of hazardous substances and/or petroleum product spills or releases. As a result, this property is unlikely to post any environmental concerns for the proposed project.

• 28672 Ortega Highway. The property is listed on the Underground Storage Tank (UST) databases as the San Juan Company, and on the Historic UST (HIST UST), HIST, Hazardous Waste and Substances Sites (CORTESE), Leaking Underground Storage Tank (LUST), Statewide Environmental Evaluation and Planning System (SWEEPS) UST, and Facility Inventory Database (CA FID UST) databases as Rancho Mission Viejo. This property is located approximately 200 feet (ft) east of the project limits. Contaminated soil and groundwater were discovered when two USTs (500 and 1,000 gallons) were removed in March 1992. Excavation of impacted soil and soil vapor extraction were conducted. The LUST facility was closed by the OCHCAEH in May 2002. The groundwater flow direction was determined to be to the south-southeast, and residual contaminants left in place had been delineated and were not in the vicinity of SR-74.



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Considering the property is located cross-gradient relative to its hydraulic position and the current case status is closed, the property is unlikely to post any environmental concerns for the proposed project.

Hazardous Substances Drums and Other Chemical Containers No hazardous substances drums or other chemical containers were observed in the project limits within the existing SR-74 right-of-way or the parcels to be acquired.

Storage Tanks No aboveground or underground storage tanks were observed in the project limits within the existing SR-74 right-of-way or the parcels to be acquired.

Gas and Oil, Production Wells No evidence of oil or gas production wells was observed within the project limits.

Staining, Discolored Soils, and/or Corrosion No staining, discolored soils, or corrosion was observed within the project limits.

Polychlorinated Biphenyls Polychlorinated biphenyls (PCBs), classified as chlorinated hydrocarbons, were manufactured from 1929 until their production was banned in 1979. PCBs were used in hundreds of industrial and commercial applications due to their non-flammability, chemical stability, high boiling point, and electrical-insulating properties. Equipment that might contain PCBs includes electrical transformers and capacitors, motor oil and hydraulic fluid, and thermal insulation material (e.g., fiberglass and felt). Pad- and pole-mounted electrical transformers were observed in the construction area within the project limits.

Overhead Power Lines Overhead power lines were observed at the northern side of the road from Palm Hill Drive to the eastern project limits and on the southern side of the road on approximately the eastern 750 ft of the project limits. In addition, high voltage overhead power lines were observed from southwest-to-northwest immediately to the northeast side of the project limits.

Petroleum Pipeline A Kinder Morgan high-pressure petroleum pipeline crossing was identified in the eastern portion of the project limits.



Aerially Deposited Lead Leaded gasoline was used as a vehicle fuel in the United States through the 1980s. Lead emitted from vehicles up to that time has adversely affected soils along roadways. The lead resulting from vehicle and industrial activities is termed aerially deposited lead (ADL).

Lead Chromate The California Department of Transportation (Caltrans) Engineering Department maintenance personnel confirmed that SR-74 from Calle Entradero to the San Juan Capistrano City limit was resurfaced in September 2012 and that the Orange County section of the eastern portion of the project limits was expanded from two to four lanes during the last few years.

2.11.3 Environmental Consequences 2.11.3.1 Temporary Impacts Build Alternative 2 As discussed in the previous section, there would be no temporary impacts caused by impacts associated with parcels in the vicinity of the project limits, hazardous substances drums or other chemical containers, storage tanks, staining and discolored soils, and/or corrosion; therefore, these hazardous waste materials concerns are not discussed further in this section.

Potential Recognized Environmental Concerns (RECs) for the proposed project are discussed in detail below.

Impacts Associated with Proposed Acquisition Parcels The historical agricultural use of five parcels identified for partial acquisition with Build Alternative 2. The area in question was tested for pesticides and the results were below action level Regional Screening Levels (RSLs) and therefore the soils tested are considered as non-hazardous. As a result, handling of these soils would not present an incremental health risk to on-site workers during construction.

Polychlorinated Biphenyls There may be PCBs in pad- and pole-mounted transformers within the project limits for Build Alternative 2. None of those transformers appeared to be leaking during the site reconnaissance. In addition, San Diego Gas & Electric (SDG&E) provided a letter ensuring compliance with regulatory requirements for the transformers in the project area. As a result, Build Alterative 2 would not result in any impacts related to PCBs.



Overhead Power Lines Although overhead power lines are observed within the project limits, the proposed project would not move or result in temporary impacts to the power lines.

Petroleum Pipeline The Kinder Morgan high-pressure petroleum pipeline crossing identified in the eastern portion of the project limits is considered an REC. Measure HAZ-1, discussed later in this section, would avoid and/or minimize potential impacts associated with this specific concern.

Aerially Deposited Lead ADL, from the historical use of leaded gasoline, exists along roadways throughout California. There is the likely presence of soils with elevated concentrations of lead as a result of ADL on the State highway system right-of-way within the limits of the project alternatives. Soils determined to contain lead concentrations exceeding stipulated thresholds must be managed under the July 1, 2016, ADL Agreement between Caltrans and the California DTSC. This ADL Agreement allows such soils to be safely reused within the project limits as long as all requirements of the ADL Agreement are met. Based on the results of the ADL Summary Letter, the on-site soil was reported to be non-ADL-contaminated within the project limits. As a result, Build Alterative 2 would not result in any impacts related to ADL.

Lead Chromate The traffic striping within the project limits was recently resurfaced; therefore, as discussed earlier, lead is not considered as potential hazardous waste. Any potential impacts related to lead chromate during construction would be addressed through compliance with Caltrans’ Standard Special Provision 84-9.03C (October 2015); refer to Project Feature PF-HAZ-1, below.

PF-HAZ-1 California Department of Transportation (Caltrans) Standard Specification Section 14-11.12. Residue from the removal of painted or thermoplastic traffic stripes and pavement markings contains lead from the paint or thermoplastic. The average lead concentrations contain less than 1,000 milligrams per kilogram (mg/kg) of total lead and 5 milligrams per liter (mg/L) of soluble lead. This residue:

• Is a non-hazardous waste



• Does not contain heavy metals in concentrations exceeding the thresholds established by the California Health and Safety Code and 22 California Code of Regulations

• Is not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 United States Code § 6901 et seq.

Management of this material exposes workers to health hazards that must be addressed in the project’s lead compliance plan.

Unknown Contaminants The potential for hazardous waste to be encountered during construction with respect to the petroleum pipeline or historical use would be addressed through compliance with the Caltrans’ Unknown Hazards Procedures in its Construction Manual Chapter 7 (July 2017); refer to Project Feature PF-HAZ-2, below.

PF-HAZ-2 Caltrans’ Standard Specification Section 13-4.03E (2) and Unknown Hazards Procedures of the Caltrans’ Construction Manual (July 2017). During construction, the construction contractor will monitor soil excavation for visible soil staining, odor, and the possible presence of unknown hazardous material sources. If hazardous material contamination or sources are suspected or identified during project construction activities, the construction contractor will be required to cease work in the area and to have an environmental professional evaluate the soils and materials to determine the appropriate course of action required, consistent with the Unknown Hazards Procedures in Chapter 7 of the Caltrans’ Construction Manual (July 2017).

Hazardous Materials/Wastes During Construction Typical hazardous materials anticipated to be used during construction of Build Alternative 2 (e.g., solvents, paints, and fuels) and hazardous wastes generated during construction would be handled in accordance with applicable federal and State regulations and Caltrans’ policies regarding the use, storage, handling, disposal, and transport of those materials. As a result, Build Alternative 2 would not result in adverse impacts related to the use of hazardous materials or the generation of hazardous wastes during construction.



No Build Alternative The No Build Alternative would not result in the disturbance or removal of any soils, groundwater, or structures and, therefore, would not result in temporary impacts related to hazardous waste and materials.

2.11.3.2 Permanent Impacts Build Alternative 2 Routine maintenance activities during operation of Build Alternative 2 would be required to follow applicable regulations with respect to the use, storage, handling, transport, and disposal of potentially hazardous materials. Therefore, the operation of Build Alternative 2 would not result in adverse impacts related to hazardous waste or materials.

No Build Alternative The No Build Alternative would not change the existing physical environment and, therefore, there would be no permanent impacts related to hazardous waste under this alternative. Similar to Build Alternative 2, routine maintenance activities would continue under the No Build Alternative, including compliance with applicable regulations regarding the handling and disposal of potentially hazardous materials.

2.11.4 Avoidance, Minimization, and/or Mitigation Measures Implementation of Project Features PF-HAZ-1 and PF-HAZ-2, as outlined previously in this section, and Measure HAZ-1, as listed below, would address potential impacts.

HAZ-1 High Pressure Petroleum Pipelines. Any high-pressure petroleum pipeline within the project limits should be addressed as a physical hazard, with safety precautions considered a priority during construction.

2.11 hazardous waste · 2019. 7. 3. · 171-14, 650-171-04, and 650-181-02; the locations of these...

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