4. Federal Definitions
Federal laws regulate the use and management
of hazardous or potentially hazardous substances.
EPA classifies a material as hazardous if it has
one or more of the following properties:
Ignitability - oxidizers, compressed gasses, and
extremely flammable liquids and solids;
Corrosivity - strong acids and bases;
Reactivity - explosives or compounds that generate toxic
fumes when exposed to air or water;
Toxicity - materials listed by EPA as capable of inducing
systematic damage in humans or animals.
5. Federal Laws and Regulations
Hazardous Materials Management
Emergency Planning and Community Right-to-
Know Act of 1986 (also known as Title III of
the Superfund Amendments and
Reauthorization Act)
Imposes requirements to ensure that hazardous
materials are properly handled, used, stored, and
disposed of and to prevent or mitigate injury to
human health or the environment in the event that
such materials are accidentally released.
6. Federal Laws and Regulations
Hazardous Waste Storage, Handling, and
Disposal
Resource Conservation and Recovery Act
(RCRA)
Under RCRA, the EPA regulates the generation,
transportation, treatment, storage, and disposal of
hazardous waste from “cradle to grave.”
Hazardous and Solid Waste Amendments Act
Amended RCRA in 1984, affirming and extending the
“cradle-to-grave” system of regulating hazardous
wastes.
specifically prohibit the use of certain techniques for
the disposal of some hazardous wastes.
7. Federal Laws and Regulations
Hazardous Materials Transportation
U.S. Department of Transportation (DOT)
The DOT has regulatory responsibility for the safe
transportation of hazardous materials. DOT
regulations govern all means of transportation except
mail packages.
U.S. Postal Service
The Postal Service regulations govern the
transportation of hazardous materials shipped by
mail.
8. Federal Laws and Regulations
Occupational Safety
Occupational Safety and Health Administration (OSHA)
OSHA sets standards for safe workplaces and work
practices, including the reporting of accidents and
occupational injuries (29 Code of Federal Regulations).
Radioactive Materials
Atomic Energy Act
Administered by DOE the act regulates the control and
disposal of radioactive material.
Clean Air Act
The EPA regulates airborne air emissions.
9. Federal Laws and Regulations
Biosafety Standards
The U.S. Public Health Service, National
Institutes of Health, and Centers for Disease
Control and Prevention
Operated under the U.S. Department of Health and
Human Services, these agencies establish standards
for working with biohazardous materials.
10. Federal Laws and Regulations
Building Components, Materials, and Equipment
(USTs, ASTs, PCBs, and asbestos)
Toxic Substances Control Act (TSCA) TSCA
Regulates the use and management of PCBs in electrical
equipment, and sets forth detailed safeguards to be
followed during the disposal of such items (40 Code of
Federal Regulations).
Resource Conservation and Recovery Act
RCRA establishes requirements for the design, installation,
and operation of USTs. The EPA banned the use of asbestos
in the 1970s.
Clean Water Act The Clean Water Act
Requires petroleum aboveground and underground storage
tank owners to develop a Spill Prevention, Control, and
Countermeasures Plan
11. Federal Laws and Regulations
Building Components, Materials, and
Equipment Continued
OSHA
OSHA establishes requirements to protect workers
during activities that could involve exposure to lead
or asbestos.
Clean Air Act
The EPA establishes requirements to protect the
environment during asbestos removal activities.
12. State Laws and Regulations
California Environmental Protection Agency
(CalEPA)
Subdivision of EPA
California Department of Toxic Substances
Control (DTSC)
Regulates hazardous waste
Cleans existing contamination
Identifies ways to reduce hazardous waste produced in
California
DTSC’s authority from
Resource Conservation Recovery Act
California Health and Safety Code
13. Local Regulations
General Plan Polices Might Discuss:
Safety
Storage
Compatibility
Property Maintenance
Business Plans
Ground Water
Soil Contamination
EMF
Biomedical
Etc.
14. Common Exposure Methodology
Database Searches
EDR Summary Table Elk Grove EIR
Environmental Site Assessments
Phase I- ASTM E 1527-05 parameters were set
forth as to who is qualified to perform Phase I
ESAs.
Phase II- ASTM test E1903, a more detailed
investigation involving chemical analysis for
hazardous substances and/or petroleum
hydrocarbons.
15. Unique Project Analysis
Health Risk Assessment- AQ
Explosion Risk- Tanks, Pipelines,
Pressurized Systems
Wildfire Risk
Ration Exposure Risk
Medical Waste
Many More
19. Airport and Wildfire Hazards
Airport Land Use Compatibility Plans
Restrict applicable land uses and development
Normally within close proximity to airport operations
Wildfire Mapping
Develops maps for High Fire Hazard Severity
Zones in Local Responsibility Areas.
Statewide Mapping
23. Federal Regulations
The National Environmental Policy Act
The Council on Environmental Quality (CEQ) regulations
identify aesthetics as one of the factors in the human
environment which must be considered in determining
the effects of a Federal action. Title 23 U.S.C. 109(h)
and Technical Advisory T 6640.8A cites the aesthetic
effect of the proposed project as a matter which must
be fully considered in the preparation of environmental
documents. Section 106 of the National Historic
Preservation Act (NHPA) as amended in 1966 [36 CFR §
800.5(a)(2)] regulates activities that could impact
historic properties by “diminishing the
visual integrity of the property’s significant historic
features.”
24. State Regulations
CEQA
Appendix G provides four criteria that may be used to
evaluate the significance of visual quality impacts:
negative effects on a scenic vista
damage to scenic resources within a state scenic
highway
degradation of the visual character or quality of a site
and its surroundings
creation of a new source of substantial light or glare
affecting views.
California Scenic Highway Program
The California Department of Transportation (Caltrans)
administers the California Scenic Highway Program
The goal of the program is to preserve and protect
scenic highway corridors from change that
25. Local Regulations
General Plan Policies
View sheds
Vistas
Tree Preservation
Signage
Overhead Utilities
Community Design Guidelines
Scale
Setback
Design
Style
26. Visual Context
Aesthetic impact assessment generally deals with
the issue of contrast, or the degree to which
elements of the environment differ visually.
Aesthetic features occur in a diverse array of
environments, ranging in character from urban
centers to rural regions and wildlands.
Adverse visual effects can include a loss of
natural features or areas, removal of urban
features with aesthetic value, or introduction of
contrasting urban features into natural areas or
urban settings.
27. Regulatory Agency Approaches
USFS and BLM
Visual Management Objectives (USFS)
Visual Management Classes (BLM)
Designed to:
1) Inventory visual resources
2) Determine project meeting objectives
No thresholds offered
FHWA
Intended to guide design to mitigate impacts
No thresholds offered
Does define visual impact:
“…the degree of change in visual resources and viewer
response to those resources caused by a development
project (USDOTFHWA, 1981, Appendix E: Glossary).
28. Common Assessment Methodology
1) Collect Project Information and Regulatory
Background
Identify the physical and topographic changes resulting
from the project.
General Plan Policies
Identify Sensitive Viewpoints
Visual Resources
2) Map the project viewshed
Identify where the project can bee seen from
Computer assisted or field reconnaissance
Visit the project site document “inter-visability”
Map indicating key observation points
29. Common Assessment Methodology
3) Identify Sensitive Receptors
Use GP
Define Sensitive Receptor
Identify any “scenic vistas”
Identify any “scenic highways”
Identify local residential or frequented public
spaces
Panoramic photos from each location to document
the “baseline” conditions
30. Common Assessment Methodology
4) Assess Existing Visual Quality
No established State methodology, some jurisdictions
have local methodologies (i.e. Santa Rosa)
BLM Scenic Quality Rating Criteria
BLM Visual Resources Management Manual
Seven Category Rating System
Numerically Quantified
5) Photo Simulations
Not required often used
Before and After simulations
3D modeling
Block Scale Representations
31. Common Assessment Methodology
6) Assess the impact
Based on before and after simulations
Elevations
Changes in viewshed
Obstruction
Project specific evaluation
7) Mitigation Measures
Screening
Vegetation
Color
Texture
Design
32. Special Topics
Nighttime Simulations
Shadow Simulations
Photometric Calculations
Glare Analysis
ETC.
