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(continued)
(e) If the Department is the lead agency, for the Department's preparation of the Initial Study for the RAP, the Private Site Manager shall submit all information necessary for making a determination of the potential for significant effects on the environment. The Department will consider the CEQA information technically complete if the Department determines that all information necessary to prepare an Initial Study has been submitted. If the Department determines the response action is not exempt from CEQA, an Initial Study will be prepared. When the Department determines all applicable CEQA documents have been completed, a 30-day comment period will commence on the Department's proposed CEQA determination. Public review of the CEQA documents and the draft RAP will be held concurrently.
(f) If the Department determines the CEQA documentation is insufficient, the Department will prepare additional documentation in accordance with section 21166 of the Public Resources Code and section 15162 of title 14 of the California Code of Regulations. The Department may request the Private Site Manager to provide additional CEQA documentation.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.3, 25395.4, 25395.5 and 25395.11, Health and Safety Code.
s 69006. Project Proponent.
(a) The purpose of this section is to establish minimum requirements for Project Proponents.
(b) A Project Proponent shall do all of the following:
(1) Provide the Private Site Manager with all information regarding the site known to the Project Proponent or in the Project Proponent's possession;
(2) Sign and submit an Application Package or sign and have the Private Site Manager submit the Application Package;
(3) Enter into a Private Site Management Program Agreement with the Department as specified under section 69007;
(4) Notify the Department whenever any known condition or incident at the site poses an emergency or an imminent or substantial endangerment to human health or the environment. The Project Proponent shall provide written notification to the Department within 24 hours of discovery of the site condition or incident;
(5) Reimburse the Department for its costs based on the level of oversight requested by the Project Proponent and consistent with the requirements of Article 8, including the cost of reviewing and commenting on documents submitted.
(6) Cooperate with the Department in its performance of any audit of a site conducted under section 69012.
(c) The Project Proponent shall be Independent of the Private Site Manager and all Private Site Management Team members.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.1, 25395.3, 25395.4, 25395.12, 25395.14 and 25359.15, Health and Safety Code.
s 69007. Private Site Management Program Agreement.
(a) A Project Proponent shall enter into a Private Site Management Program Agreement with the Department for the performance of all necessary response actions at the site. The Project Proponent shall agree to pay all Reasonable Costs incurred by the Department at the site and the Project Proponent shall also agree to perform all response actions at the site in accordance with the requirements of Chapter 6.8, or for sites selected under section 25396.6 of the Health and Safety Code, Chapter 6.85. The Project Proponent may elect to have minimal Department oversight as provided by this article.
(b) The Department will meet and confer with the Project Proponent in accordance with section 25269.5 of the Health and Safety Code. The Department will provide the following:
(1) An estimate of the cost of the Department's oversight of the response actions at the site, including a list of estimated personnel labor rates;
(2) An estimate of the total hours the Department expects its staff to incur in implementing the terms of the Private Site Management Program Agreement entered into under subsection (a) to the extent that the Department can project its time and costs in advance; and
(3) A discussion and thorough review of the services the Department will provide to the Project Proponent and Private Site Manager.
(c) The Agreement may provide for the Department's oversight of preparation of a draft RAW or draft RAP, preparation of a remedial design or implementation of the response action. Department oversight of this preparation or implementation is not required.
(d) The Project Proponent may terminate the Private Site Management Program Agreement for any reason by providing 30-day advance written notice of the termination to the Department.
(e) The Department may terminate the Private Site Management Program Agreement if the Department (1) determines that any grounds for withdrawal exist as set forth in section 69013 or any grounds for rescission exist as set forth in section 69009, and (2) provides 30-day advance written notice to the Project Proponent.
Note: Authority cited: Sections 25269.5, 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.3, 25395.5, 25395.6, 25395.7, 25395.14 and 25396.6, Health and Safety Code.
s 69008. Guidance Documents.
(a) The Department will provide an advisory list of technical guidance manuals, relevant State and federal laws, regulations and other types of guidance documents that the Department believes would be useful for conducting PEAs, site assessments, investigations, site cleanups, remedial designs, O&M agreements, and site certifications. A copy of this list will be provided to the Private Site Manager upon approval of a Private Site Management Application Package or upon request.
(b) At the request of a Private Site Manager, the Department may suggest other appropriate technical guidance documents and manuals on a case-by-case basis for the site.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.5, 25395.6 and 25395.11, Health and Safety Code.
s 69009. Change in Site Conditions or Site Information.
(a) If the documented physical conditions at a site change, or a change in physical conditions becomes known to the Private Site Manager, to the extent that the site no longer meets the conditions in subsection (a) of section 25395.3 of the Health and Safety Code, the Private Site Manager shall notify the Department and the Project Proponent. The Private Site Manager shall provide notification in writing no later than seven (7) calendar days after identifying a physical change in conditions or identifying new information about physical conditions.
(b) If a Private Site Manager or a member of a Private Site Management Team becomes aware of facts, data, or information that are a Material Deviation from the facts, data, or information used to prepare a PEA report, draft or final RAW, draft or final RAP, or remedial design, the Private Site Manager shall:
(1) Determine whether a selected response action is protective of public health and safety or the environment, considering the new facts, data, or information; and
(2) Notify the Department and the Project Proponent in writing within seven (7) calendar days of becoming aware of the Material Deviation. The written notification shall include the determination required under paragraph (1).
(c) If, at any time, a Material Deviation becomes known to the Department, the Department may (1) rescind approval of the Application Package, PEA report, draft or final RAW, draft or final RAP, remedial design, certification request, or certification, or (2) require the Private Site Management Team to include additional professional staff members with expertise appropriate to the changed physical conditions or to the new information about physical conditions at the site. Any proposed additional professional staff members are subject to approval by the Department.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.3, 25395.4, 25395.5, 25395.6 and 25395.11, Health and Safety Code.
s 69010. Material Deviation from Department Approved Report, Workplan, or Remedial Design.
(a) If a Private Site Manager or a member of a Private Site Management Team knows, or has reason to know, that any proposed action or decision of the Project Proponent or the Private Site Management Team is based on a Material Deviation from information in a Department-approved PEA report, draft or final RAW, draft or final RAP, or remedial design, the Private Site Manager or a member of the Private Site Management Team shall notify the Department and the Project Proponent. The notification shall be made in writing seven (7) calendar days prior to taking the action or making the decision that is based on a Material Deviation from the Department-approved PEA report, draft or final RAW, draft or final RAP, or remedial design.
(b) The written notice required by subsection (a) shall include a description of how the proposed action or decision is based on a Material Deviation from the Department-approved PEA report, draft or final RAW, draft or final RAP, or remedial design.
(c) If the proposed action or decision of the Project Proponent or Private Site Management Team would require a significant change in an approved draft or final RAW because of a Material Deviation that is the subject of a notification under subsection (a), the Department may either:
(1) publish a public notice that describes the proposed changes and explains the reasons for the differences in the revised draft or final RAW; or
(2) reject the proposed action or decision.
(d) Any public notice under subsection (c) will be published in a newspaper of general circulation, with a 30-day public comment period. Based on the level of community interest, the Department may hold a community meeting during the public comment period.
(e) If the proposed action or decision of the Project Proponent or Private Site Management Team would require a significant change in the selected remedy in an approved draft or final RAP because of a Material Deviation that is the subject of a notification under subsection (a), the Department may either:
(1) publish a public notice that describes the proposed action or decision and solicits public comment; or
(2) reject the proposed action or decision.
(f) Any public notice under subsection (e) will be published in a newspaper of general circulation, with a 30-day public comment period. The Department will hold a community meeting during the public comment period.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.4, 25395.5, 25395.6, 25395.8 and 25395.13, Health and Safety Code.
s 69011. Department Review and Approval of Submittals by the Private Site Manager or Private Site Management Team.
(a) Within 60 days of receipt of a PEA report submitted by a Private Site Manager under section 69002 certifying that site conditions do not require any further investigation or remedial action at a site, the Department will review the PEA report.
(1) If the Department does not provide a written notice of disagreement to the Private Site Manager within 60 days of the Department's receipt of the PEA report, the Department shall be deemed to be in agreement with the PEA report and will designate the site as a site that requires no further action.
(2) If the Department disagrees with the certification in the PEA report, the Department will issue a written notice of disagreement to the Private Site Manager within 60 days of the Department's receipt of the PEA report describing the deficiencies of the PEA report and the reasons for the Department's disagreement with the certification in the PEA report.
(3) The Department will not designate the site as a site that requires no further action if the release of hazardous substances has caused, or threatens to cause, discharges to waters of the State.
(b) Within 60 days of receipt of a PEA report submitted by a Private Site Manager under section 69002 that determines that a significant hazardous substance release has occurred or is likely to have occurred at a site, the Department will review the PEA report.
(1) If the Department concurs with the determination under subsection (b), the Private Site Manager may submit an Application Package under the provisions of section 69003.
(2) If the Department does not concur with the determination under subsection (b), the Department will issue a written notice of disagreement to the Private Site Manager within 60 days of the Department's receipt of the PEA report describing the deficiencies of the PEA report and the reasons for the Department's disagreement with the Private Site Manager's determination.
(c) Within 60 days of receipt of both a draft or final RAW and technically complete draft CEQA information submitted by a Private Site Manager under section 69005, the Department will approve or reject the draft or final RAW and draft CEQA information. To be approved, the draft or final RAW shall include a description of past community involvement efforts, recommendations for future public participation activities, and the Administrative Record List for the site, and shall be prepared in accordance with all of the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, and applicable regulations and guidance documents. The draft or final RAW may be prepared without Department oversight.
(1) If the Department rejects a draft RAW and draft CEQA information, the Department will state the reasons for rejecting the draft RAW and draft CEQA information and describe the actions needed to correct identified deficiencies.
(2) If the Department rejects a draft RAW and draft CEQA information, the Private Site Manager or a member of the Private Site Management Team may submit a revised draft RAW and draft CEQA information. The Department will have an additional 60 days from receipt of a revised submittal to review any new documents, reports, or workplans provided with the revised submittal.
(3) If the Department considers the draft RAW and draft CEQA information to be technically complete and if the Department approves the draft RAW and draft CEQA information, the Department will release the draft RAW and the draft CEQA determination for a 30-day public comment period. The draft RAW and draft CEQA determination will be noticed in a newspaper of general circulation at the beginning of the comment period.
(4) The Department may approve or reject the final RAW. If the Department approves the final RAW, the Private Site Management Team shall implement the response action set forth in the approved final RAW. The implementation may be conducted without Department oversight.
(d) Within 60 days of receipt of a draft RAP and technically complete draft CEQA information submitted by a Private Site Manager under section 69005, the Department will approve or reject the draft RAP and draft CEQA information. To be approved, the draft RAP shall include a description of past community involvement efforts, recommendations for future public participation activities, and the Administrative Record List and shall be prepared in accordance with all the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, and applicable regulations and guidance documents. The draft RAP may be prepared without Department oversight.
(1) If the Department rejects a draft RAP and draft CEQA information, the Department will state the reasons for rejecting the draft RAP and draft CEQA information and describe the actions needed to correct identified deficiencies.
(2) If the Department rejects a draft RAP and draft CEQA information, the Private Site Manager or a member of the Private Site Management Team may submit a revised draft RAP and draft CEQA information. The Department will have an additional 60 days from receipt of a revised submittal to review any new documents, reports, or workplans provided with the revised submittal.
(3) If the Department considers the draft RAP and draft CEQA information to be technically complete and if the Department approves the draft RAP and draft CEQA information, the Department will release the draft RAP and the draft CEQA determination for a 30-day public comment period. During that period, at least one community meeting will be held to solicit public comment. The draft RAP and draft CEQA determination will be noticed in a newspaper of general circulation at the beginning of the public comment period. Following the public comment period, the Department will comply with subsection (f) of section 25356.1 of the Health and Safety Code, prepare a written notice that informs the community of the final selected remedy, and file a Notice of Determination under section 21108 of the Public Resources Code.
(e) The Private Site Manager shall prepare and submit to the Department for the Department's approval a final RAP in accordance with Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, and applicable regulations and guidance documents. The Department may approve or reject a final RAP. If the Department approves a final RAP, the Private Site Management Team shall implement the approved final RAP. The implementation may be conducted without Department oversight.
(f) The Private Site Management Team shall prepare a remedial design for implementation of the response action selected in the approved final RAP and submit the remedial design to the Department for approval. Within 60 days of receipt of the remedial design submitted by the Private Site Management Team, the Department will approve or reject the remedial design. The Department will review the remedial design to ensure that it is consistent with implementation of the final RAP approved by the Department under subsection (e).
(1) If the Department rejects the final remedial design, it will state the reasons for rejecting the document and describe the actions needed to correct the identified deficiencies.
(2) If the Department rejects the final remedial design, the Private Site Management Team may submit a revised remedial design. The Department will have an additional 60 days from receipt of a revised submittal to review any new documentation provided.
(3) If the Department approves the final remedial design, the Private Site Manager will prepare a fact sheet describing pertinent activities associated with the remedial action including, but not limited to hours of operation, noise, traffic, and duration of work. Upon the Department's approval, the Private Site Manager will issue the fact sheet to the public and, if appropriate, the Private Site Manager will conduct a public meeting.
(4) The Private Site Management Team shall implement the approved remedial design. The implementation may be conducted without Department oversight.
(g) The Private Site Manager shall submit a request for a certificate of completion to the Department upon completion of the response action. Except as provided under paragraph (7), within 30 days from receipt of a request for a certificate of completion submitted by a Private Site Manager, the Department will review the request and will approve or reject it.
(1) Requests for a certificate of completion shall include all information specified in subsection (a) of section 25395.8 of the Health and Safety Code, documentation that any required Land Use Controls have been recorded as specified in subsection (b)(4) of section 25395.8 of the Health and Safety Code, documentation that all necessary response actions have been satisfactorily completed and that the information contained in the certification request is accurate to the best of the Private Site Manager's knowledge, and any other documentation required by the Department to demonstrate the response action was completed in accordance with the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85.
(2) For sites that require O&M, the Private Site Manager shall submit a plan for implementation of any O&M measures required by the approved RAW or approved final RAP, including periodic submittal of reports and data to document the effectiveness of the O&M, documentation that any long-term monitoring, maintenance, and abatement systems are functioning as designed, and documentation that the O&M will achieve and maintain the abatement goals established by the approved final RAP. The Private Site Manager shall submit documentation demonstrating that financial assurance requirements for O&M have been met as specified under section 25355.2 of the Health and Safety Code.
(3) The Department will evaluate a certification request to ensure that response actions have been completed in accordance with the approved RAW or the approved final RAP for the site. The Department will determine if there is sufficient documentation to support the RAW or final RAP. The Department may request the Private Site Manager to provide additional documentation to support the RAW or final RAP. The Department will also determine if appropriate Land Use Controls have been recorded as specified in subsection (b)(4) of section 25395.8 of the Health and Safety Code.
(4) If the Department approves the certification request, the Department will prepare a certification that includes a certificate of completion, requirements for ongoing reporting and O&M, and a description of applicable Land Use Controls. The Department will provide the certification to the Project Proponent, all known responsible parties, and owners of properties located adjacent to the site, and will make the certification available to the community where the site is located.
(5) If the Department rejects the certification request, it will state the reasons for rejecting the request and describe the actions needed to correct the identified deficiencies.
(6) If the Department rejects the certification request, the Private Site Manager or a member of a Private Site Management Team may submit a revised certification request. The Department will have an additional 30 days from its receipt of a revised certification request to review any new documentation provided by the Private Site Manager or member of a Private Site Management Team and to approve or reject the revised certification request.
(7) If the site is selected for an audit under section 69012, the Department will not approve or reject a certification request until the audit is completed.
(h) After a site has been certified, the Department may determine that the site no longer qualifies for certification under the Private Site Management Program, if the Department makes one or more of the following findings:
(1) Subsequent monitoring, testing, or analysis indicates that the remedial action standards and objectives were not achieved or are not being maintained;
(2) One or more of the conditions, restrictions or limitations imposed on the site as part of the remedial action or certification are violated;
(3) Site monitoring or O&M activities that are required as part of the response action or certification are not adequately funded or are not properly performed;
(4) A hazardous substance release is discovered at the site that was not the subject of the site investigation and response action for which the site certification was issued;
(5) A Material Deviation from the conditions known at the time the Department issued a certification, or the discovery of new information, causes the Department to require further site investigation and response action in order to prevent a significant risk to human health and safety or to the environment; or
(6) The Private Site Manager or a member of the Private Site Management Team induced the Department to issue the site certification by means of misrepresentation, fraud, negligence, or intentional nondisclosure of information.
(i) After a site has been certified, if the Department determines that the site no longer qualifies for certification under subsection (g), the Department will withdraw its approval for the response action conducted at the site and will provide the Private Site Manager with written notification setting forth the reasons for the Department's determination.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25355.2, 25395.2, 25395.3, 25395.4., 25395.5, 25395.6, 25395.7, 25395.8, 25395.11, 25395.12, 25395.13 and 25396.6, Health and Safety Code; and Sections 21108 and 21166, Public Resources Code.
s 69012. Department Audits.
(a) The Department will conduct audits of the sites subject to the Private Site Management Program as specified in section 25395.12 of the Health and Safety Code.
(b) A Project Proponent, Private Site Manager, and members of a Private Site Management Team shall cooperate fully with a Department audit by providing complete access to information, records, technical data, reports, sampling data, photographs, maps, and files related to a response action conducted by a Private Site Manager or a member of a Private Site Management Team.
(c) The Project Proponent shall retain all data, reports, the Administrative Record, and any other relevant documents prepared by the Private Site Manager or a member of a Private Site Management Team for a minimum of ten (10) years after the conclusion of all site activities, including ongoing O&M, under this article and Article 8.
(d) If the Department requests that some or all of these documents be preserved for a longer period of time, the Project Proponent shall: (1) comply with that request; (2) deliver the documents to the Department, or (3) permit the Department to copy the documents prior to destruction. The Project Proponent shall notify the Department in writing at least six (6) months prior to destroying any documents prepared under this article or Article 8.
(e) If a Department audit finds that the performance of a Private Site Manager failed to meet the minimum performance standards set forth in this article, Article 8, Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, or if the Department makes any of the findings set forth in subsection (l) of section 25570.3, of the Health and Safety Code, the Department may take appropriate action to do any one or more of the following: (1) deny, suspend or rescind the Environmental Assessor - Class II registration of the Private Site Manager; (2) reject the request for a certificate of completion under subsection (g) of section 69011; (3) withdraw its approval for the response action under subsection (i) of section 69011.
(f) If a site for which a request for a certificate of completion has been submitted under section 69011 is selected for audit, the Department will notify the Project Proponent in writing within twenty-one (21) working days of submittal of the certification request that the site has been selected for audit.
(g) The Department will complete an audit within forty-five (45) working days of sending the audit notification to the Project Proponent. The Department will submit the audit findings to the Project Proponent in writing.
(h) If a site for which a certificate of completion has been submitted under section 69011 is selected for an audit, the Department's time to act on the certification request will be extended to forty-five (45) working days from sending the audit notification to the Project Proponent or until the audit is completed, whichever comes first. If the audit reveals facts or information that would require additional response action, the Department will reject the certification request.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.12, 25395.13, 25395.15 and 25570.3, Health and Safety Code.
s 69013. Withdrawal of Department Approval.
(a) The Department may withdraw approval of an Application Package or may terminate a Private Site Management Program Agreement under subsection (e) of section 69007 if any of the following apply:
(1) The Department determines that a Private Site Manager, a member of a Private Site Management Team, or a Project Proponent has failed to comply with any of the requirements of this article, Article 8, Chapter 6.8 or, for sites selected under section 25396.6 of the Health and Safety Code, Chapter 6.85;
(2) The Department determines that the Project Proponent has failed to comply with the Private Site Management Program Agreement for the site;
(3) At any time the Department determines that there is a substantial likelihood that further significant environmental damage or human exposure may occur as the response action is implemented;
(4) The Department determines that the site is no longer appropriate for the Private Site Management Program because the conditions set forth in subsection (a) of section 25395.3 of the Health and Safety Code do not exist or because the site is placed on the list created pursuant to section 25356 of the Health and Safety Code; or
(5) An action or decision of the Project Proponent or Private Site Management Team is based on a Material Deviation from information in a Department-approved PEA report, RAW, RAP, or remedial design.
(b) If the Department determines that grounds for withdrawal of approval or termination exist under subsection (a), the Department will withdraw its approval of the Application Package in writing or will terminate the Private Site Management Program Agreement in writing and state the reasons for the withdrawal or termination. If the Department withdraws its approval of the Application Package, the site is no longer appropriate for conducting a response action under the Private Site Management Program.
(c) The Department may withdraw its approval for conducting a response action under subsection (i) of section 69011.
Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.3, 25395.4, 25395.10, 25395.11, 25395.12, 25395.15 and 25396.6, Health and Safety Code.
s 69100. Purpose.
The purpose of these regulations is to establish guidelines for a Phase I Environmental Site Assessment (Phase I) conducted prior to acquisition of a school site, or where the school district owns or leases a school site, prior to the construction of a project (hereinafter referred to as "Proposed School Site") under title 1, division 1, part 10.5, chapter 1 of the Education Code (commencing with section 17210). These regulations establish guidelines for completion of a Phase I and a Phase I Addendum. The Phase I Addendum includes procedures for sampling and submission of analysis results for lead in soil from lead-based paint and/or polychlorinated biphenyls in soil from electrical transformers in Phase I Addendum reports to the Department of Toxic Substances Control.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69101. Applicability.
This chapter applies to the preparation of a Phase I pursuant to section 17213.1 of the Education Code.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69102. Definitions.
The definitions set forth in this section govern interpretation of this chapter. Unless the context requires otherwise and except as provided in this section, definitions contained in title 1, division 1, part 10.5, chapter 1 of the Education Code (commencing with section 17210) or in division 20, chapter 6.8 of the Health and Safety Code (commencing with section 25300) apply to the terms used in this chapter. If a definition appears in both title 1, division 1, part 10.5, chapter 1 of the Education Code and in division 20, chapter 6.8 of the Health and Safety Code, the definition in the Education Code governs interpretation of this chapter.
(a) "Phase I Addendum" means a report containing results of sampling and analysis, limited to results of lead in soil from lead-based paint and/or polychlorinated biphenyls in soil from electrical transformers, that is submitted to the Department along with or after the submittal of the Phase I.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Phase I" means a Phase I Environmental Site Assessment.
(d) "PCBs" means polychlorinated biphenyls.
(e) "USEPA Test Methods" means "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" as referenced in section 69103, subsection (a)(2).
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69103. References.
(a) When used in this chapter, the following publications are incorporated by reference:
(1) "American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," ASTM Standard E-1527, adopted May 10, 2000; available from American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428- 2959, (610) 832-9585; website http://www.astm.org.
(2) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 Third Edition, November 1986, as amended by Updates I (July, 1992), II (September, 1994), IIA (August, 1993), IIB (January, 1995), III (December, 1996), IIIA (April, 1998), IVA (January, 1998) and IVB (November, 2000); available from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, (202) 512-1800; website http:// www.epa.gov/SW-846/ main.htm.
(3) "USEPA Contract Laboratory Program National Functional Guidelines for Organic Data Review," EPA 540/R-94/012; February 1994, available from National Technical Information Service (NTIS), United States Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161; (703) 487-4650.
(4) "USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review," EPA 540/R-94/013; February 1994, available from National Technical Information Service (NTIS); United States Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161; (703) 487-4650.
(5) "Guidance on Environmental Data Verification and Data Validation," EPAQA/G-8; Peer Review Draft, June 2001, available from United States Environmental Protection Agency, Quality Staff (2811 R), 1200 Pennsylvania Avenue, NW, Washington, DC 20460; (202) 564-6830; website http:// www.epa.gov/Region10/offices/oea/epaqag8.pdf.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69104. Preparation of a Phase I.
(a) A Phase I shall be prepared for the Proposed School Site pursuant to section 17213.1, subdivision (a) of the Education Code. The Phase I may be submitted to the Department for review and approval.
(b) The Phase I shall be conducted in accordance with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1).
(c) The Phase I may contain results of sampling as follows: lead in soils from lead-based paint, performed in accordance with the sampling protocols described in section 69105 of these regulations, and/or PCBs in soil from electrical transformers, performed in accordance with the sampling protocol described in section 69106 of these regulations. If a Phase I has already been completed and submitted to the Department, these sampling results may be submitted as a Phase I Addendum.
(d) The Phase I shall include the following:
(1) a site map describing the boundary of the project and the current development on the property,
(2) a description of the intended use of the property that includes whether the school district intends to use all or a portion of the parcel, the type of school proposed, and the disposition of any existing structures, and
(3) past and existing land uses, including but not limited to, easements; adjacent properties; former governmental use; residential, industrial, or commercial uses.
(e) If a Phase I Addendum is submitted more than 180 days subsequent to the date that the Phase I was conducted, or if a Phase I was conducted for the Proposed School Site more than 180 days prior to its submittal to the Department, information to verify current site conditions shall be submitted to the Department. Verification activities include, but are not limited to, the following: (1) a site reconnaissance visit; (2) any changes to site conditions or site boundaries; and (3) updated review of environmental records, as described in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1).
(f) The Phase I shall identify and evaluate all sources for the potential release or presence of hazardous material on the Proposed School Site, including, but not limited to, all of the following:
(1) agricultural use,
(2) mines,
(3) surface drainage pathways,
(4) fill material,
(5) debris,
(6) illegal drug manufacturing, and
(7) naturally occurring hazardous materials.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69105. Sampling for Lead in Soil from Lead-Based Paint.
(a) The school district may choose to submit sampling data for lead in soil from lead-based paint in one of the following reports: (1) the Phase I; or (2) the Phase I Addendum; or (3) the Preliminary Endangerment Assessment, in accordance with subsections (b) through (g) below.
(b) Based upon review of the Phase I, the Department may determine that lead contamination in soil from lead-based paint is the only potential source of contamination at a Proposed School Site, and may require that sampling data for lead in soil from lead-based paint be submitted in the Phase I Addendum or the Preliminary Endangerment Assessment.
(c) Prior to demolition of buildings or removal of foundations or slabs, or movement of soils on the Proposed School Site, pre-demolition sampling for lead in soil from lead-based paint shall be implemented in accordance with the following protocols:
(1) Sample collection. Surface soil samples (zero to six inches, inclusive) shall be collected from around the perimeter of the structures, adjacent to areas with the highest likelihood of lead deposits (such as under windows, doors, porches, fences and stairs, drainage areas). If concrete or asphalt borders a structure, samples shall be collected from the nearest unpaved areas, including unpaved drainage areas where the run off from the paved areas may collect. The Department may require collection of samples from underneath existing paved areas, based upon the history of the property. The Department shall be consulted to determine the number and location of samples necessary to adequately characterize lead in soil from lead-based paint at the Proposed School Site.
(2) Additional sample collection.If lead from lead-based paint is identified in the soil, the Department may require additional step-out borings on the Proposed School Site to determine the lateral and vertical extent of contamination.
(d) If demolition of buildings has occurred and foundations or slabs are no longer present, post-demolition sampling for lead in soil from lead-based paint shall be implemented in accordance with the following protocols.
(1)Sample collection. The Proposed School Site shall be divided into grids as determined in consultation with the Department, and surface and subsurface soil samples shall be taken from the center of each grid.
(2) Additional sample collection. If lead from lead-based paint is identified in the soil after demolition, the Department may require additional step-out borings on the Proposed School Site to determine the lateral and vertical extent of contamination.
(e) Sample Analysis.Soil samples shall be analyzed for lead using USEPA Test Methods. Alternatively, on-site field analyses for lead in soil may be conducted using field portable X-Ray Fluorescence (XRF) instrumentation.
(f) Laboratory Quality Control. Quality Control (QC) procedures specified in USEPA Test Methods shall be followed. The data shall be qualified in accordance with the National Functional Guidelines cited in section 69103, subsection (a)(4) and USEPA guidance cited in section 69103, subsection (a)(5).
(g) Data Submission. Data identifying concentrations of lead detected in soil samples collected from the Proposed School Site shall be submitted to the Department.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69106. Sampling for PCBs in Soil from Electrical Transformers.
(a) The school district may choose to submit data for PCBs in soil from electrical transformers in one of the following reports: (1) the Phase I; or (2) the Phase I Addendum; or (3) the Preliminary Endangerment Assessment, in accordance with subsections (b) through (f) below. Based upon review of the Phase I, the Department may determine that PCB sampling data must be submitted in a Phase I Addendum or a Preliminary Endangerment Assessment.
(b) PCB transformer evaluation. If visual staining of the soil in proximity to a transformer is observed, or if historical information indicates transformers may have contained PCBs, the Department may require collection of soil samples to evaluate the possible contamination.
(c) Sample collection. Soil samples shall be collected in close proximity to the base of each pole or pad-mounted electrical transformer. Soil samples shall be collected at surface (zero to six inches, inclusive) and at a depth of two to three feet below ground surface. If PCBs from electrical transformers are identified in the soil, the Department may require additional step-out borings on the Proposed School Site to determine the lateral and vertical extent of contamination.
(d) Sample analysis. Initially, only surface samples shall be analyzed for PCBs using USEPA Test Methods. If PCBs are detected in surface samples, the samples that were collected at depth shall also be analyzed.
(e) Laboratory Quality Control. QC procedures specified in USEPA Test Methods shall be followed. The data shall be qualified in accordance with the National Functional Guidelines cited in section 69103, subsection (a)(3) and USEPA guidance cited in section 69103, subsection (a)(5).
(f) Data Submission. Data identifying concentrations of PCBs detected in soil samples collected from the Proposed School Site shall be submitted to the Department.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69107. Phase I Recommendations.
The Phase I shall contain one of the following recommendations:
(a) No action is required for the Proposed School Site. A Phase I or Phase I Addendum that contains data from investigation of lead in soil from lead-based paint or PCBs in soil from electrical transformers may recommend that no further site investigation is required if the Phase I and/or Phase I Addendum demonstrate that lead and/or PCB concentrations in soils do not exceed concentrations determined by the Department on a case-by-case basis to be protective of human health and the environment.
(b) Investigation of lead in soil from lead-based paint and/or PCBs in soil from electrical transformers is recommended but has not yet been completed. Results of this investigation will be submitted to the Department as a Phase I Addendum.
(c) A Preliminary Endangerment Assessment is required, including sampling to determine one or more of the following:
(1) If a release of hazardous material has occurred and, if so, the extent of the release.
(2) If there is the threat of a release of hazardous materials.
(3) If a naturally occurring hazardous material is present.
Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code.
s 69200. Definitions.
For purposes of this Chapter, definitions in Health and Safety Code section 25570.2 shall apply unless further specified in this section:
(a) "Corrective Action Plan" means a workplan that details the actions to be taken to achieve the required corrective action.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Director" means the Director of the Department of Toxic Substances Control or designee.
(d) "Environmental quality assessment" or "assessment" means a systematic, documented, periodic, and objective review of the operations and practices, used by any commercial or industrial business or individual whose activities are regulated or conducted under Chapter 6.5 (commencing with section 25100), Chapter 6.8 (commencing with section 25300), or Chapter 6.95 (commencing with section 25500) of the Health and Safety Code, to achieve, monitor, maintain, and where feasible exceed, compliance with state environmental, worker health and safety, and public health requirements for the manufacture and use of hazardous substances and the generation and disposal of hazardous wastes. A complete environmental assessment includes a number of different components related to hazardous substance and hazardous waste management and requires the expertise of a variety of assessors. An environmental assessment includes technical or managerial recommendations or actions, of a general or specific nature, in one or more of the following areas:
(1) Recommendations or specific actions for complying with, and where feasible, exceeding legal requirements in areas related to hazardous substance and hazardous waste management, including, but not limited to, air quality, water quality, emergency preparedness and response, hazard communications, and occupational safety and health.
(2) A qualitative review, or where feasible, a quantitative review, of the risks resulting from occupational, public or environmental exposure to hazardous substances.
(3) Recommendations or actions for anticipating and minimizing the risks specified in paragraph (2), including any potential liability, associated with regulated and unregulated hazardous substances, and any suggested management procedures or practices.
(e) "Feasibility Study" means the identification and evaluation of technically feasible and effective remedial action alternatives to protect public health and the environment at a hazardous waste or hazardous substance release site, or other activities deemed necessary by the lead agency for the development of a remedial action plan, corrective action plan, removal action workplan or equivalent. A feasibility study shall include treatability studies as necessary to evaluate potential performance and the cost of treatment and/or remedial work.
(f) "Hazardous Substance or Hazardous Waste Site Cleanup Opinion" means the opinion of a Registered Environmental Assessor (REA) II of the need for further investigation or remedial work at a site.
(g) "Lead Agency" means the Department of Toxic Substances Control, the State Water Quality Control Board, Regional Water Quality Control Boards, Certified Unified Program Agency, as defined in Health and Safety Code section 25281(c)(1), Participating Agency, as defined in Health and Safety Code section 25281(c)(2), Unified Program Agency, as defined in Health and Safety Code section 25281(c)(3), or the local, authorized administering agency, overseeing the assessment or mitigation activities at a site, and pursuant to these regulations.
(h) "Multi-media investigations" means hazardous waste or hazardous substance site assessment and characterization work requiring serious evaluation of pathways of exposure in two or more of the environmental media consisting of air, water and soil.
(i) "Operation and Maintenance" means those activities initiated or continued following completion of a remedial or removal action that are deemed necessary by the lead agency to protect the public health and the environment and achieve or maintain the abatement goals established by the final remedial action plan, corrective action plan, removal action workplan, or equivalent.
(j) "Phase I Environmental Assessment" or "Phase I" means a preliminary site assessment based on reasonably available knowledge of a site, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. Sampling or testing is not required as part of the Phase I survey. The Phase I survey shall be certified by an REA and shall indicate whether the REA believes that further investigation, including sampling and analysis is necessary to determine whether a release has occurred, or to determine the extent of a release.
(k) "Physical Sciences" means any of the sciences, such as physics and chemistry,that analyze the nature and properties of energy and non-living matter. (continued)