DTSC Presentation Overview

Transcription

1 DTSC School Division Update Sharon Fair, Branch Chief School Property Evaluation and Cleanup Division COALITION FOR ADEQUATE SCHOOL HOUSING October 2006 FALL CONFERENCE Costa Mesa, California DTSC Presentation Overview DTSC Role at Schools School Division Accomplishments Update Phase Is Proposed New Regulations Federal and State Liability Protections Update PEAs Roads to Funding Contingent Site Approval/Environmental Hardship Partial Site Approval Update Response Actions New Template for Removal Action Workplans New Fact Sheets and Guidance

2 DTSC Role at Schools Education Code (17210 et seq.) requires DTSC to: Provide oversight of environmental assessments and response actions at prospective new or expanding schools as condition for bond funding for property acquisition or new construction Identify presence or threat of contaminants Evaluate environmental health and safety risks to protect children, staff, and public School Division Accomplishments Since January 2001: Reviewed over 1800 school projects from 500 districts Overseen about 150 school site cleanups Cleared over 200 schools each year for construction Developed over 25 Guidance Documents and Fact Sheets to assist school districts and consultants

3 Update Phase Is Step 1 in DTSC Process Identify Recognized Environmental Conditions Proposed New Regulations & Guidance Phase I Addendum: Lead, Pesticides, and PCBs at residential properties Federal & State Liability Protection All Appropriate Inquiry New ASTM E Proposed New Regulations for Phase Is California Code of Regulations, Title 22, Division 4.5, Chapter 51.2, Section Amendment Maintain consistency with federal rule All Appropriate Inquiry New ASTM standard Add pesticides to Phase I Addenda

4 Federal Liability Protection Responsible parties have CERCLA liability for claims for response costs or damages caused by release of hazardous materials Parties who may potentially claim protection from CERCLA liability: An innocent land owner A bona fide prospective purchaser A contiguous property owner; and Parties who receive grants under the EPA s Brownfields Grant program to assess and characterize properties New federal rule (40 CFR Part 312); eff. 11/01/06, requires All Appropriate Inquiry property evaluation State Liability Protection California Land Reuse and Revitalization Act of 2004 (CLRRA), effective 1/01/05 Established immunity qualification provisions in Health & Safety Code, Division 20, Chapters 6.82 and 6.83 To qualify, participants must: Conduct All Appropriate Inquiries prior to property acquisition Enter into an Agreement with DTSC or RWQCB to assess and cleanup property as necessary Subject properties must: Be located in an urban infill area, be vacant and underutilized Not be listed as federal superfund sites Not be underground storage tank sites impacted solely by petroleum

5 New/Revised Phase I ASTM E Impacts to School Districts Additional requirements: Qualifications for Environmental Professional Report updated within 180 days of property purchase More expansive interviews, historical research, search distance, & inspection of adjoining properties Identification of data gaps, additional testing needed Property valuation May increase preparation costs May increase DTSC review cost Update PEA Roads To Funding Step 2 in DTSC Process Preliminary Environmental Assessment Sampling to identify presence of contaminants Risk assessment to determine if further action required Determinations No Further Action Further Action Contingent Site Approval; Environmental Hardship Partial Site Approval

6 Contingent Site Approval; Environmental Hardship If DTSC s determination letter specifies that response action is required, and is likely to take 6 months or more: CDE may issue Contingent Site Approval OPSC may authorize Environmental Hardship Funds per Education Code (1)(A) prior to completion of cleanups Partial Site Approval Allows districts to obtain site approval and full funding prior to completion of cleanups Applies to sites where response action is required on small portion of site District may obtain by: Entering into School Cleanup Agreement with DTSC Signing SFPD Form 4.15 Commitment with DTSC Providing figure specifying cleanup area

7 Partial Site Approval Requirements Per Education Code (f), DTSC must determine: 1) there is full site characterization 2) construction will not interfere with response actions to address hazardous materials 3) site conditions will not pose a health and safety risk to construction workers Site occupancy will not be approved until DTSC certifies completion of cleanups Update - Response Actions Step 3 in DTSC Process Cleanup Plan, CEQA, Public Participation DTSC templates available for: Removal Action Workplan CEQA Notice of Exemption Templates serve to facilitate preparation, ensure completeness, and expedite cleanup process

8 Revised RAW Template Available on DTSC Website 34 page document for excavation and offsite disposal of soils impacted by lead from leadbased paint Requires input of site-specific detail in highlighted areas; remainder of text is standardized New Fact Sheets and Guidance DTSC Website: Fact Sheet #10: Update on Phase I Environmental Site Assessments for School Sites; All Appropriate Inquiries; ASTM E (October 2006) Fact Sheet and Guidance: Dealing With Lead-Based Paint, Termiticides, and Electrical Transformers at Proposed New or Expanding School Sites (June 2006) Fact Sheet: Special Information Advisory: Recommended Housekeeping Activities to Reduce Exposure to Naturally Occurring Asbestos in Schools (October 2006) Removal Action Workplan Template

9 For Additional Information School Property Evaluation & Cleanup Division Sharon Fair, Chief Glendale/Sacramento Branch (818) (Desk) (818) (Cell) Rebecca Chou, Chief Cypress Branch (714) (Desk) (714) (Cell)

10 Fact Sheet, June 2006 Special Schools Cleanup Guidance Dealing with Lead-Based Paint, Termiticides, and Electrical Transformers at Proposed New or Expanding School Sites This fact sheet describes new guidance the (DTSC) has developed for dealing with lead-based paint, organochlorine pesticides from termiticides, and polychlorinated biphenyls from electrical transformers. The new guidance provides a uniform and streamlined approach for initial assessment of proposed school sites where these are recognized environmental conditions. If these are the only recognized environmental conditions for a residential or commercial site, evaluation of these contaminants may be submitted in a Phase I Environmental Site Assessment or Addendum. This guidance provides recommended: sampling strategies sample analyses health screening criteria These recommended strategies can be integrated into the environmental review process for schools to ensure protection of children, staff, community, and the environment from potential health effects of exposure to these contaminants. The guidance is intended to be used by school districts, county offices of education, the California Department of Education, and charter schools using State funding for acquisition or construction of proposed new or expanding school sites. Where to find the new guidance You can find the new guidance on DTSC s Web site, Interim Guidance, Evaluation of School Sites with Potential Soil Contamination as a Result of Lead From Lead-Based Paint, Organochlorine Pesticides from Termiticides, and Polychlorinated Biphenyls from Electrical Transformers June 9, 2006 This guidance supersedes the DTSC Interim Guidance for Evaluating Lead-Based Paint and Asbestos-Containing Materials at Proposed School Sites, dated July 23, Mitigation, management, and removal of asbestos-containing material (ACM) is subject to extensive federal, state, and local requirements. As a result, DTSC will no longer provide guidance specifically for ACM found in buildings and structures. However, DTSC will continue to address naturally-occurring asbestos separately through the Interim Guidance, Naturally Occurring Asbestos (NOA) at School Sites and Draft Operations and Maintenance Plan Template for Naturally Occurring Asbestos Response Actions at Schools.

11 2 Why use this guidance? This guidance provides technical recommendations to evaluate the presence and potential health effects of lead, organochlorine pesticides, and polychlorinated biphenyls from specific sources. It is intended to improve and expedite the environmental review process for schools by providing recommended sampling strategies, sample analyses, and health screening criteria based on DTSC s expertise and experience. When to use this guidance Use this guidance to evaluate a proposed school site at which you suspect any of these contaminants: Lead from lead-based paint - Residences constructed before January 1, 1979, schools constructed before January 1, 1993, and any commercial or industrial structures. Organochlorine pesticides from termiticide application - Wooden structures constructed prior to January 1, Polychlorinated biphenyls from electrical transformers - Transformers installed before January 1, How to use this guidance The guidance should be integrated into one of the following: Phase I Environmental Site Assessment (Phase I) or Phase I Addendum Preliminary Environmental Assessment (PEA) or Supplemental Site Investigation (SSI). Phase I or Phase I Addendum Evaluation of lead from lead-based paint, organochlorine pesticides from termiticides, or polychlorinated biphenyls from electrical transformers may be submitted in a Phase I or Phase I Addendum if all of the following conditions apply to your school site: The site is a residential or commercial property. Lead, organochlorine pesticides, or polychlorinated biphenyls from the specific sources are the only recognized environmental conditions for the site. The environmental review process for the site has not reached a PEA. DTSC is developing a proposed amendment to the Phase I regulations (Cal. Code Regs., tit. 22, div. 4.5, ch. 51.5, commencing with 69100). This amendment allows limited soil sampling data for organochlorine pesticides from termiticides to be submitted along with lead and polychlorinated biphenyls for sites where these are the only recognized environmental conditions. Until the amendment is adopted, you may submit sampling results for organochlorine pesticides used as termiticides in a Phase I or Phase I Addendum as described above. If you include the sampling results in a Phase I or Phase I Addendum, you do not need to submit a work plan for DTSC review and approval if you follow the strategies described in the guidance. However, DTSC is available to help you develop a site-specific sampling strategy using the guidance before you collect your samples. Also, consult DTSC if your site is not addressed by this guidance or if you wish to use a different strategy. PEA or SSI You may incorporate this guidance into a PEA or SSI if lead, organochlorine pesticides, and polychlorinated biphenyls from specific sources as described previously are just some of the recognized environmental conditions identified for the site. Sampling for all potential contaminants should be discussed during a scoping meeting and included in a work plan that is submitted to DTSC for review and approval. The results should be submitted in a PEA or SSI Report. For more information Please contact DTSC if you have questions about applying this guidance to your site. Also, contact DTSC if you would like to consider alternative strategies for your site. If you have an agreement (Environmental Oversight Agreement, School Cleanup Agreement, or Voluntary Cleanup Agreement) or an assigned DTSC project manager for your site, please contact the assigned DTSC project manager or Unit Chief. For general questions about this guidance contact: Triss Chesney at (714) or [email protected]

12 Fact Sheet #10, October 2006 Update on Phase I Environmental Site Assessments for School Sites; All Appropriate Inquiries; ASTM E Introduction California school districts are required (Education Code, sections 17210, and ) to prepare a Phase I Environmental Site Assessment (Phase I) and/or Preliminary Environmental Assessment to identify and evaluate recognized environmental conditions (RECs) for proposed new or expanding school properties that will be financed using state bonds. The Education Code requires that Phase Is be prepared in accordance with the American Society for Testing and Materials (ASTM) Standard E-1527, and any regulations promulgated by the Department of Toxic Substances Control (DTSC). In 2003, DTSC developed regulations (California Code of Regulations, title 22, division 4.5, chapter 51.5 (22 CCR Chapter 51.5, commencing with section 69100) pertaining to preparation of Phase Is at school sites. However, DTSC is currently developing a proposed amendment to these regulations to maintain consistency with changing federal and state laws and standards for Phase Is and All Appropriate Inquiry. Federal and State Liability Protection; All Appropriate Inquiry Federal law (Comprehensive Environmental Response, Compensation, and Liability Act [CERCLA] of 1980, as amended) addresses liability and liability protections for environmental contamination. All Appropriate Inquiry (AAI) is the process for evaluating a property s environmental conditions for the purpose of qualifying for landowner liability protections under CERCLA. On November 1, 2005, the U.S. Environmental Protection Agency (USEPA) published and codified a final rule as Part 312 of Title 40, Code of Federal Regulations (40 CFR Part 312), setting federal standards and practices for the conduct of AAI. The new federal regulations take effect November 1, Parties who may potentially claim protection from CERCLA liability may include: a) innocent landowners b) bona fide prospective purchasers c) contiguous property owners d) parties receiving USEPA Brownfields Grants to assess/characterize properties Parties seeking CERCLA liability protection cannot be a responsible party for existing contamination, and must undertake All Appropriate Inquiry (AAI) into the previous ownership and uses of the property, consistent with federal law. Requirements for liability protection include responsibility for continuing, post-acquisition obligations to control site conditions and take reasonable steps to stop releases of hazardous materials.

13 2 The California Land Reuse and Revitalization Act of 2004 (CLRRA) (AB 389, Montanez) became effective January 1, Under state law (Health and Safety Code, Division 20, Chapter 6.82 and 6.83), immunity extends to protection from liability for claims made by any person for response costs or other damages associated with a release of hazardous materials. Participants seeking to qualify for immunity must conduct all appropriate inquiries, and enter into an agreement with DTSC or the Regional Water Quality Control Board to assess and cleanup the property as necessary. In addition to the federal requirements noted above, California law also requires that subject properties: a) must be located in an urban infill area, that is, a vacant or underutilized property in a populated area; b) may not be listed as state or federal superfund site; and c) may not be underground storage tank site impacted solely by petroleum. Role of DTSC in Review of Phase I Environmental Assessments Under the Education Code, DTSC s review of Phase I Environmental Assessments is conducted solely for the purpose of identifying RECs at prospective school sites in accordance with requirements of the Education Code, to determine whether further investigation is necessary prior to DTSC's approval of sites for future school use. Therefore, DTSC s approval of Phase Is pursuant to Education Code section (a), does not constitute a determination that All Appropriate Inquiry has been conducted within the meaning of CERCLA section 101(35)(B). Revised ASTM Standard for Phase Is School districts may initiate the process to qualify for federal or state liability protection by contracting with a qualified environmental professional to prepare and sign a Phase I Environmental Site Assessment prior to purchase of properties. Acceptable practice standards for AAI are defined by new ASTM Standard E , which will supersede previous versions, effective November 1, USEPA has determined that Standard E is consistent and compliant with the new AAI regulations. The original standard E1527 was drafted in 1990 by ASTM, entitled Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process. The ASTM was updated and revised in 1993, 1997, 2000 and November New or More Stringent ASTM Requirements for Phase Is The new federal rule and ASTM E have added new or more stringent requirements for preparation of Phase Is, some of which are noted as follows: 1. Definition of Environmental Professional: ASTM E requires that all Phase Is be prepared by a qualified environmental assessor with at least three years experience in preparation of Phase Is, with documentation of education and college degrees. Environmental professionals must sign declarations verifying that they meet required qualifications, that is, that they possess specific education, training and experience for conducting AAI. 2. Shelf Life: Under ASTM E , certain aspects of the Phase I must be conducted or updated within 180 days of the purchase date of property, including: interviews, cleanup liens, historical and government records, visual inspections of onsite and adjoining properties, changes of site conditions, and declarations of the environmental professional. 3. Interviews: ASTM E requires that interviews be conducted of current owners and occupants, and to the extent possible, former owners, occupants or operators, and neighboring property owners, as well as local and state government officials, and persons with site knowledge. 4. Historical Research Period: ASTM E requires review of historical records back to first developed use, or 1940, whichever is earlier. Standard historical sources include aerial photos, fire insurance maps, property tax files, recorded land title records, USGS topographic maps, building department records etc. 5. Reviews of Environmental Liens, Engineering Controls, and Institutional Controls: ASTM E requires review of reasonably ascertainable recorded land title records (chain of title), lien records, governmental (federal, state, tribal or local) records, and judicial records.

14 6. Minimum Search Distance for Government Records: ASTM E requires identification of the following sites if they are located within ½ mile of the subject property: a) any federal site listed on the National Priority List; b) any site included in the federal CERCLIS list; c) any site included in federal, state and tribal registries for institutional controls/engineering controls; d) any site included in lists of state and tribal voluntary cleanup or brownfields sites. In addition, ASTM Practice E requires identification of all storage tanks, whether aboveground or underground. 7. Data Gaps/Failures: ASTM E requires that environmental professionals identify data gaps that affect their ability to identify conditions indicative of release or threatened release of hazardous substances related to the subject property, and give their professional opinion about the impact of the data gaps ( degree of obviousness ) in assessing RECs. 8. Alternative Onsite Inspection: ASTM E requires that environmental professionals document good faith efforts taken, document sources of information, explain reason and comment on significance if they fail to conduct an onsite inspection. 9. Inspection of Adjoining Properties: ASTM E requires visual inspection of adjoining properties from the subject property line, public right-of-way, or other vantage point (e.g., aerial photography), including visual inspection of areas where hazardous substances may be or may have been stored, treated, handled or disposed. 10. Property Valuation Comparison: ASTM E requires consideration of the relationship of the purchase price to the fair market value of the property. DTSC s Fact Sheet and Presentation on California Land Reuse and Revitalization Act of 2004 (CLRRA) AB 389 (Montanez) at 89/FactSheet.pdf DTSC s Phase I Environmental Site Assessment Advisory: School Property Evaluation, September 2001, at: For More Information Please see the following websites for additional information: U.S. Environmental Protection Agency s All Appropriate Inquiry Fact Sheets at: ule.html. 3

15 Fact Sheet, October 2006 Special School Information Advisory Department of Toxic Substances Control Preventing environmental damage from hazardous waste, and restoring contaminated sites for all Californians. Recommended Housekeeping Activities to Reduce Exposure to Naturally-Occurring Asbestos in Schools This fact sheet identifies recommended housekeeping activities to limit exposure to naturally-occurring asbestos (NOA) in schools. It was prepared by the California (DTSC) in consultation with the California Air Resources Board, the U.S. Agency for Toxic Substances and Disease Registry (ATSDR), and the U.S. Environmental Protection Agency (USEPA). Sources of NOA that may impact schools include dusts or soils from nearby areas with unpaved or unlandscaped surfaces with ultramafic or serpentine rock, such as unpaved roads, undeveloped lots, parking lots, disturbed rock deposits, construction and/or quarrying operations, and mines. This fact sheet does not address asbestos from asbestoscontaining materials (ACM) used or found in buildings. This fact sheet provides information about: What is naturally-occurring asbestos? How is it hazardous? How can we know if school areas are surfaced with materials containing NOA? How can NOA dust migration into classrooms be prevented? What is the recommended method and frequency for cleaning classrooms to reduce NOA accumulation? These recommended strategies need not be costly, and can be integrated into day-to-day maintenance activities for schools to reduce exposures, and thereby increase protection of children, staff, and community from potential health effects that could be caused by exposure to particulate matter containing NOA. Several studies have shown that good indoor air quality leads to a healthy environment which in turn increases occupant productivity and reduces absenteeism. What is naturally-occurring asbestos? How is it hazardous? State of California California Environmental Protection Agency Asbestos minerals belong either to the serpentine mineral group or the amphibole mineral group. The most common type of asbestos found in California is chrysotile, a serpentine mineral; other types found in California include tremolite asbestos and actinolite asbestos, which are amphibole minerals. State and federal health officials consider all types of asbestos to be potentially hazardous. Soil-disturbing activities, such as grading, construction, vehicle traffic, or recreational activities, can result in suspension of tiny asbestos fibers in air. When these fibers are inhaled, over time they may cause mesothelioma, lung cancer, and non-cancer diseases.

16 2 How can we know if school areas are surfaced with NOA? The California Education Code requires that school districts conduct environmental assessments under the oversight of DTSC for new or expanding school sites. DTSC has developed protocols for testing and mitigating prospective school site soils if NOA is found, which may include placement of hardscape or landscape caps, forming a barrier to prevent or reduce human exposure to NOA-containing soils. When these caps are placed at school sites, follow-up monitoring and maintenance activities may also be required. For more information, please see DTSC s Interim Guidance Naturally Occurring Asbestos (NOA) at School Sites available at DTSC s website: How can NOA dust migration into classrooms be prevented? The following activities are suggested to reduce dust generation and migration: Pave over unpaved walkways, driveways, or roadways which contain ultramafic or serpentine rock. Cover crushed ultramafic or serpentine rock in yards/gardens with clean soil or landscape cover materials that do not contain asbestos (e.g., plants, textiles, mulch, wood chips, etc.). Avoid use of leaf blowers and other similar devices that disturb dusts. Keep windows and doors closed on windy days and during periods when nearby ultramafic or serpentine containing material or rock may be disturbed, such as during construction activities. Replace carpeting and other soft fabric surfaces with hard surfaces, such as stone, tile, or wood floors, benches, and chairs. Use washable materials, such as area rugs. Avoid use of stuffed furniture and curtains, which can act as reservoirs, trapping dust, dirt, and asbestos fibers. What is the recommended method and frequency for cleaning classrooms to reduce NOA accumulation? The following activities are suggested for cleaning classrooms: a) Prevent Track-in Use boot scrapers before entering school buildings. Use interior and exterior entryway mats to reduce the amount of soils tracked into the classrooms; studies have shown mats may reduce track-in of soils by 20%. Vacuum mats daily, using a vacuum cleaner with a high efficiency particulate air (HEPA) filtration system. Wash mats weekly or clean mats with a water extraction system. NEVER shake mats as this could release fibers into the air. b) Clean Carpets and Upholstery Wherever possible, it is recommended that soft surfaces of carpets and upholstery be replaced with hard surfaces that are more easily cleaned. When replacement is not possible, both vacuuming and wet-cleaning are recommended for carpets and upholstery. Studies have shown that wet-cleaning methods reduce asbestos fiber concentration in carpets by as much as 60%. However, it may be impractical to wet clean surfaces such as carpet or upholstery too frequently. While dry vacuuming does not significantly decrease or increase fiber concentration, vacuuming with a HEPA filtration system helps to reduce surface particles, such as dust and dirt clods, between wet cleanings. Remove mud and dirt clods before vacuuming to prevent release of fibers. Vacuum carpets in high traffic areas at least 2 to 3 times a week, using a vacuum cleaner with a HEPA filtration system. All other carpeted areas should be vacuumed weekly using a vacuum with a HEPA filtration system.

17 Change vacuum filter bags outdoors whenever possible, using utmost care and handling to minimize releases and exposures. Place the removed filter bag immediately in a plastic trash bag, tied tightly before disposal. Wet-clean carpets in high traffic areas monthly, using water extraction. All carpeted areas should be wet-cleaned yearly. c) Clean Floors Vacuum floors in high traffic areas daily, using a vacuum cleaner with a HEPA filtration system followed by wet mopping. All other floors should be vacuumed and wet mopped at least weekly. Change mop water frequently, e.g., at least in each classroom. d) Clean Other Surfaces Vacuum and wet-wipe all other surfaces weekly, including areas commonly occupied by faculty, staff or students (e.g., desks, counter tops, and other horizontal surfaces), using a vacuum cleaner with a HEPA filtration system. Use a top down approach to cleaning, beginning with the highest surfaces and moving to the lowest surfaces. Use a wet rag to dust, as opposed to a feather duster; re-wet the rag frequently. confirmation_clean_study.htm and Project Summary: Evaluation of Three Cleaning Methods for Removing Asbestos from Carpet: Determination of Airborne Asbestos Concentrations Associated with Each Method, EPA/600/SR-93/155. To learn more about the DTSC s school investigation and cleanup activities or to get more information about cleaning practices to prevent exposure to NOA, please contact the School Property Evaluation and Cleanup Division at: Mark Malinowski, Unit Supervisor 8800 Cal Center Drive Sacramento, CA (916) [email protected] Harold (Bud) Duke, Sr.Geologist 8800 Cal Center Drive Sacramento, CA (916) [email protected] You are also welcome to contact the DTSC office nearest you, or call the Regional Public and Business Liaisons at (800) 72TOXIC ( ), or visit For More Information Additional information about best practices for cleaning, team cleaning, and cleaning for health is available at: index.jsp?cat1=-3&type=articles&id= university_keeping_clean/, NEA_CRI_improving_IAQ_in_schools.pdf 3