Hazardous Materials Coordination

The Sponsor is responsible for conducting all appropriate inquires into present and past uses of the property on which an Enhancement project is proposed.  Such studies and investigations will identify the likely presence of any hazardous substances or petroleum products or conditions that indicate an existing release, a past release, or the material threat of a release of hazardous substances into the soil, groundwater or surface water of the property or adjacent properties, or the presence of such impairments associated with buildings or structures.

If actual or potential environmental impairments have been identified, a cost estimate of potential remediation/closure activities to meet state and/or federal regulations must be provided as well as an indicator of any coordination made with the Virginia Department of Environmental Quality and/or the U.S. Environmental Protection Agency.  Where specific action must be taken during construction (containment, management, remediation), appropriate contract provisions must be developed to incorporate those costs as pay items in the contract.  These are environmental commitments and must be implemented by the Locality.

For the majority of Enhancement projects, the rehabilitation of historic structures may well involve lead paint and/or asbestos issues.  These materials must be properly identified and handled to ensure adequate health and human safety on projects.  Coordination with appropriate state agencies is documented in the Hazardous Materials Due Diligence Certification form.  The VDOT District Environmental Manager can provide you with guidance regarding completing the form.

Please note, that no reports concerning hazardous materials should be submitted to VDOT, only the Due Diligence Certification form must be forwarded to the VDOT Enhancement Project Coordinator, with a copy to the VDOT District Environmental Manager.  The Sponsor should maintain any study information in their project files.

Forms:

• Hazardous Materials Due Diligence Certification form (EQ-121) – must be completed by Sponsor and submitted to VDOT

Guidance:

• VDOT District Environmental Manager Contacts
• Enhancement Sponsor Checklist
• State/Federal Agency links
• VDEQ Waste – VA Department of Environmental Quality, Waste Division
• Due Diligence/Due Care – definition of Due Diligence/Due Care.  EPA’s definition for Standards & Practices for All Appropriate Inquiries
• EPA's Asbestos Homepage – Environmental Protection Agency
• EPA Asbestos links
• OSHA Asbestos information – Occupational Safety and Health Administration’s health & safety standards
• VDPOR Asbestos information – VA Department of Professional & Occupational Regulation
• FAQ's on VA's Asbestos & Lead regulations
• EPA's Lead Paint information
• OSHA's Lead Paint information
• VDPOR Lead Paint information
• PS&E Reevaluation – completed by VDOT Environmental Manager prior to Enhancement project authorization for construction.  Agency coordination allows this to be completed.
• Environmental Certification – completed by VDOT Environmental Manager prior to Enhancement project authorization for construction.  Agency coordination allows this to be completed.

Related links:

• FHWA Enhancement Website – guidance information
• National Transportation Enhancement Clearinghouse