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.
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.
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.
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.
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.
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.
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
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.
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
Local Regulations General Plan Polices Might Discuss: Safety Storage Compatibility Property Maintenance Business Plans Ground Water Soil Contamination EMF Biomedical Etc.
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.
Unique Project Analysis Health Risk Assessment- AQ Explosion Risk- Tanks, Pipelines, Pressurized Systems Wildfire Risk Ration Exposure Risk Medical Waste Many More
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
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.”
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
Local Regulations General Plan Policies View sheds Vistas Tree Preservation Signage Overhead Utilities Community Design Guidelines Scale Setback Design Style
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.
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).
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
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
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
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
Special Topics Nighttime Simulations Shadow Simulations Photometric Calculations Glare Analysis ETC.