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Draft Program EIS/EIR 3.9 Hazardous Materials and Wastes

3.9-1

3.9 HAZARDOUS MATERIALS AND WASTES

The section identifies known hazardous material sites within the study area and 

analyzes any hazard-related impacts that could occur as a result of the alternatives. 

3.9.1 REGULATORY REQUIREMENTS

The regulatory requirements discussion outlines the federal and state policies that 

are relevant to hazardous materials. 

Federal 

Resource Conservation and Recovery Act (RCRA)

RCRA governs the disposal of solid and hazardous waste. Congress passed RCRA in 

1976 as an amendment to the Solid Waste Disposal Act of 1965. RCRA was intended 

to address the growing volume of municipal and industrial waste and set national 

goals for protecting human health and the environment from the potential hazards 

of waste disposal. RCRA sets forth measures to conserve energy and natural 

resources. RCRA Subtitle C establishes a hazardous waste program intended to 

regulate such wastes from their creation to their disposal – a framework sometimes 

called “cradle to grave.” RCRA Subtitle I sets forth an underground storage tank 

(UST) program to regulate such storage of hazardous substances, including 

petroleum products. The Environmental Protection Agency (EPA) has primary 

responsibility for implementing RCRA, but some states, including California and 

Nevada, have received authorization to implement RCRA and issue permits. 

Comprehensive Environmental Response and Liability Act 

(CERCLA)

CERCLA, also known as Superfund, was enacted in December 1980 and amended in 

1986. CERCLA provides a basis for taxing chemical and petroleum manufacturers 

and provides federal authority to respond directly to releases or threatened 

releases of hazardous substances that may endanger public health or the 

environment. CERCLA sets forth requirements concerning closed and/or abandoned 

hazardous waste sites, determines liability of the persons responsible for releases of 

hazardous waste at these sites, and administers a trust fund using collected taxes to 

provide for cleanup when no responsible party can be identified. 
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3.9 Hazardous Materials and Wastes Draft Program EIS/EIR

3.9-2

Occupational Safety and Health Standards

Title 29 under the Code of Federal Regulations focuses on worker health and safety 

as it relates to worker exposure to hazards. The Occupational, Safety, and Health 

Administration (OSHA), born out of the Occupational Safety and Health Act of 1970,

is the primary agency responsible for setting and enforcing standards to assure safe 

and healthful working conditions for working men and women and provide training, 

outreach, education, and assistance.

State

California Health and Safety Code

Hazardous waste management in California is regulated under the authority of the 

California Health and Safety Code. The Health and Safety Code ensures 

employment of proper technology and management practices, safe handling, 

treatment, recycling, and destruction of hazardous waste. The California 

Department of Toxic Substances Control (DTSC) carries out many related programs 

and measures to protect the public health and environment from potential threats 

of hazardous substances and wastes.

The California State Fire Marshal (CSFM) participates in the Certified Unified 

Program Agency (CUPA), which consolidates and coordinates activities and 

programs related to hazardous wastes generators and treatments, storage tanks, 

hazardous material releases, and hazardous material management plans required 

by chapter 6.11 of the California Health and Safety Code. The CSFM provides 

regulatory oversight, CUPA certifications, evaluations of the approved CUPAs, and 

training and education.1

According to Title 22 §66261.20 of the California Code of Regulations (CCR), waste is 

considered hazardous if it includes one of the following four characteristics; 1) 

ignitability, 2) corrosivity, 3) reactivity, and 4) toxicity. CCR Title 22, Division 4.5 

contains environmental health standards for the management of hazardous waste.

Title 22 requires hazardous waste is managed according to applicable regulations 

with regard to handling, transport, exposure requirements, and disposal 

requirements under a uniform hazardous waste manifest, with the specific 

procedures identified in Title 8 of the California Code of Regulations. 

 

1

California Office of the State Fire Marshal, 2013
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Draft Program EIS/EIR 3.9 Hazardous Materials and Wastes

3.9-3

3.9.2 METHODS OF EVALUATION

Construction of one or more of the elements of the Build Alternative would have 

varying potential to result in environmental effects related to hazardous materials 

and wastes. The study area for hazardous materials and waste is defined as the 

existing railroad right-of-way, the temporary and permanent footprints for each of 

the proposed physical improvements. Temporary impact areas are locations that 

would be needed during construction but would be restored to their original 

conditions post construction (i.e. staging areas, ingress/egress). Permanent impact 

areas include all proposed improvements and associated facilities and affected 

resources that would not be restored back to their original conditions (i.e. new track 

locations, stations, etc.). 

Analysis for this program-level document consisted of consulting various databases 

to identify potentially hazardous sites that overlap with the temporary and 

permanent impact footprints of all potential improvements. The hazardous 

materials analysis included a qualitative comparison of potential impacts on humans 

and the natural environment based on possible exposure to hazardous materials 

near the study area during construction and/or operation of proposed 

improvements. 

The following databases were consulted:

 Envirofact Database – U.S. Environmental Protection Agency: this database 

searches toxic chemical releases, water discharge permit compliance, hazardous 

waste handling processes, Superfund status, and air emission estimates for 

particular geographic locations.2

 Envirostor Cleanup/Hazardous Waste Databases – California Department of 

Toxic Substances Control: EnviroStor's site database contains both a list of 

contaminated sites as well as lists of facilities that process or transfer toxic 

waste. Information also contains permit type, cleanup status, and location.

 Solid Waste Information System (SWIS) Database - California Department of 

Resources Recycling and Recovery: The SWIS database contains information on 

solid waste facilities, operations, and disposal sites throughout the State of 

California. The types of facilities found in this database include landfills, transfer 

stations, material recovery facilities, composting sites, transformation facilities, 

waste tire sites, and closed disposal sites.3

 

2

US EPA, 2014a

3

CalRecycle, 2013,
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3.9 Hazardous Materials and Wastes Draft Program EIS/EIR

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 Underground Storage Tanks (UST) - State Water Resources Control Board: An 

underground storage tank (UST) is defined by law as "any one or combination of 

tanks, including pipes connected thereto, that is used for the storage of 

hazardous substances and that is substantially or totally beneath the surface of 

the ground."

4

3.9.3 AFFECTED ENVIRONMENT

Hazardous materials can pose a potential threat to human health or the 

environment if improperly stored, transferred, or disposed. Remediation of any 

hazardous material sites located within the study area can dramatically increase the 

capital cost of a project, thus understanding potentially hazardous sites early in the 

design process can influence future planning efforts.

Hazardous materials can be released through airborne fumes, vapors, or dust. 

Negative implications of hazardous materials include risks to soil or groundwater 

quality. In general, concentrations of hazardous materials that are higher than 

regulatory standards necessitate specific requirements for handling, primarily 

during excavation and other earth moving activities.

This program-level document identifies potentially hazardous sites that are known 

near the existing Coast Corridor alignment and in proposed improvement areas. 

According to the Monterey County General Plan EIR, agricultural producers are 

common users of hazardous materials in the county along with commercial, 

industrial, and institutional industries.5According to the San Luis Obispo County 

General Plan Safety Element, many hazardous materials are shipped through the 

county on US 101, the Union Pacific Railroad, and other state highways; therefore, 

past vehicle spills or accidental releases of unknown contaminants are possible 

risks.

6

 Additionally, mobile sources, including trucks, trains, and farm equipment 

are significant sources of diesel emissions. As a result, exhaust from engines on 

major transportation corridors includes high concentrations of particulate matter 

that is deposited nearby.7 According to Caltrans, aerially deposited lead is often 

deposited along and near highways from past leaded fuel vehicle emissions.8 

 

4

California EPA, 2013

5

County of Monterey, 2006, p. 4.13-1

6

County of San Luis Obispo, 1999a, p. 24

7

County of Monterey, 2006, p. 4.1-6

8

Caltrans, 2014
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Draft Program EIS/EIR 3.9 Hazardous Materials and Wastes

3.9-5

Furthermore, industrial, agricultural, and commercial establishments also release 

hazardous materials into the environment, especially where pesticides are 

commonly used.9 

Several historic hazardous sites and hazardous sites were identified within the study 

area. Historic sites generally refer to a hazardous site that has had past 

enforcement actions to remediate the area. Three historic-status sites were 

identified near the proposed Soledad Station. Hazardous sites were also identified 

near the proposed King City siding, and in several portions of the existing alignment. 

One hazardous historic site was identified within section #1 of the existing 

alignment and another within section #8. These sites have had enforcement actions 

in place to remediate or contain identified contamination. The study area does not 

contain any Superfund sites or landfills.

3.9.4 ENVIRONMENTAL CONSEQUENCES

No Build Alternative

The No Build Alternative represents the continuation of existing rail operations and 

physical components, and assumes the perpetuation of existing freight and 

passenger service between without any physical improvements south of Salinas and 

San Luis Obispo. The only physical improvement expected under the No Build 

Alternative would be the installation of positive train control (PTC) along the 

Corridor, which would provide increased safety for freight and passenger trains. 

PTC equipment would likely be installed within the existing railroad right-of-way or 

would modify existing signaling equipment, and train operations would continue as 

it currently does. 

Both Monterey and San Luis Obispo Counties have identified all major 

transportation corridors (including railroads) as containing deposited particulate 

matter and lead. Therefore, it is reasonable to assume that areas immediately 

surrounding the railroad right-of-way could contain concentrations of aerially 

deposited lead from former lead-based fuels, as well as pesticides and herbicides to 

control growth near railway and roadway infrastructure. As a result, hazardous 

materials are likely to be present under the No Build Alternative. Installation of PTC 

would require excavation in the railway right-of-way and may result in hazardous 

materials related effects. Separate environmental review of these projects as they 

 

9

County of San Luis Obispo, 1999b, pp. 101-107
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3.9 Hazardous Materials and Wastes Draft Program EIS/EIR

3.9-6

are implemented would establish as appropriate any additional mitigation necessary 

beyond adherence to all applicable federal and state regulations regarding the 

handling and disposal of hazardous materials. 

Build Alternative

Corridor-Wide Hazardous Materials and Wastes

Overall, there is potential risk to uncover hazardous materials near roadways and 

agricultural areas within the entire Coast Corridor study area, owing to aerially 

deposited lead and particulate matter deposited from vehicles as well as pesticide 

use. Most of the study area roughly traces US 101 and/or borders agricultural landuse types; therefore, it is reasonable to assume that there would be a potential high 

risk associated with proposed improvements across the corridor. 

Generally, all of the Build Alternative’s proposed improvements would result in 

varying levels of ground disturbance during construction through excavation and 

other construction activities. As a result, construction activities may likely 

encounter contaminated soil containing pesticide or herbicide residue, aerially 

deposited lead, or other soil or groundwater contaminants. If proposed 

improvements require the demolition of existing facilities or structures, 

construction activities may likely encounter asbestos or lead-based paint materials. 

In turn, construction activities associated with the Build Alternative could potentially 

expose construction workers and surrounding residents to hazardous materials if 

the materials are not properly managed and remediated. 

Subsequent environmental analysis would determine the level of risk and 

appropriate management and remediation efforts associated with each Build 

Alternative improvement.

Site-Specific Hazardous Materials and Wastes

Table 3.9-1 below summarizes the findings from records and database searches of 

both active- and closed-status hazardous sites along the study area. Active-status 

refers to recorded hazardous sites that are currently open and awaiting remediation 

or enforcement efforts. Closed-status refers to recorded hazardous sites that have 

already undergone remediation or enforcement efforts, thus are considered 

“historic.” 

Potential hazardous risk ratings were not assigned to active sites within the study 

area. Database searches for this program-level document provide a broad-level 

understanding of hazardous sites near proposed upgrade areas for planning 
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Draft Program EIS/EIR 3.9 Hazardous Materials and Wastes

3.9-7

purposes, but does not provide adequate detail to determine the severity of each 

site in relation to the proposed work involved or the cleanup schedule. Therefore, 

potential cleanup intensity could vary from site to site.

The database searches found several hazardous sites within the permanent and 

temporary impact areas of the proposed improvements; however, no superfund 

sites or solid waste landfills were identified in the study area.

Existing Alignment Upgrades

A hazardous site on the criteria and hazardous air pollutant inventory is located 

within existing alignment section #1. Proposed upgrades in this area include 

replacement of rail ties, tracks, and potentially also ballasts. These components and 

areas may be covered in pesticide/herbicide residues (a potential corridor-wide 

hazard) and as such may be considered hazardous waste requiring special handling 

and disposal. 

Passenger Stations

Three historic hazardous sites were identified near the proposed Soledad Station. 

These sites were classified as leaking underground storage tanks, but are no longer 

active because of past remediation efforts.

Siding Extensions

The database searches identified three hazardous sites within the temporary impact 

areas associated with the proposed King City siding extension. Two sites are 

facilities under the Spill Prevention, Control, and Countermeasure (SPCC) rule, which

includes requirements for oil spill prevention, preparedness, and response to 

prevent oil discharges to navigable waters and adjoining shorelines.10 Another site 

is a cleanup program site that is still active in status. Given that the hazardous site is 

located within a temporary impact area, impacts would only occur over the duration 

of construction activities. Furthermore, there is the potential for the siding 

extension to be designed to avoid these areas, but if such areas are included, further 

mitigation may be required to minimize hazards to workers and people in the area.

Curve Realignments, New Powered Switches, and New Sidings

No hazardous sites were identified near any of the proposed curve realignments, 

new powered switches, or new sidings. However, construction of selected elements 

of the Build Alternative may require the removal of buildings, structures, soils, 

and/or paving materials to accommodate new construction. In particular, one 

 

10 US EPA, 2014b
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3.9 Hazardous Materials and Wastes Draft Program EIS/EIR

3.9-8

portion of the Henry/Santa Margarita curve realignment could require acquisition of 

agricultural and residential properties and demolition of existing buildings on site. 

Demolition activities may encounter lead-based paint and asbestos-containing 

building materials. These materials would have to be removed prior to demolition 

and transported to a certified disposal facility. Construction activities may also 

encounter contaminated soils and/or groundwater, aerially-deposited lead or 

particulate matter, or other previously identified hazardous materials that must be 

removed, disposed of, and remediated.

Table 3.9-1 Hazardous Sites and Materials in the Coast Corridor

Build Alternative 

Components

Recorded “ActiveStatus” Hazardous 

Sites

Recorded “ClosedStatus” Hazardous 

Sites

Likelihood of 

Encountering 

Corridor-Wide 

Hazardous Materials

Salinas Powered Switch 0 0 Moderate

Upgrades to Existing 

Alignment Section #1 

1 0 Moderate

Spence Siding Extension 0 0 Moderate

Upgrades to Existing 

Alignment Section #2 

0 0 Moderate

Gonzales Powered 

Switch

0 0 Moderate

Soledad Powered Switch 0 0 Moderate

Soledad New Passenger 

Station

0 3 Moderate

Harlem/Metz Curve 

Realignments

0 0 Moderate

Chalone Creek New 

Siding 

0 0 Moderate

Upgrades to Existing 

Alignment Section #3

0 0 Moderate

Coburn Curve 

Realignments

0 0 Moderate

King City Siding 

Extension

3 0 Moderate
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Draft Program EIS/EIR 3.9 Hazardous Materials and Wastes

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Build Alternative 

Components

Recorded “ActiveStatus” Hazardous 

Sites

Recorded “ClosedStatus” Hazardous 

Sites

Likelihood of 

Encountering 

Corridor-Wide 

Hazardous Materials

King City New Passenger 

Station

0 0 Moderate

King City Powered 

Switch

0 0 Moderate

Upgrades to Existing 

Alignment Section #4

0 0 Moderate

MP 165 Curve 

Realignment

0 0 Moderate

San Lucas New Siding 0 0 Moderate

Upgrades to Existing 

Alignment Section #5

0 0 Moderate

MP 172 Track 

Realignment

0 0 Moderate

San Ardo Powered 

Switch

0 0 Moderate

Getty/Bradley Curve 

Realignments

0 0 Moderate

Bradley Siding Extension 0 0 Moderate

Bradley Powered Switch 0 0 Moderate

Upgrades to Existing 

Alignment Section #6

0 0 Moderate

Upgrades to Existing 

Alignment Section #7

0 0 Moderate

McKay/ Wellsona Curve 

Realignments

0 0 Moderate

McKay East Powered 

Switches

0 0 Moderate

Wellsona New Siding 0 0 Moderate

Upgrades to Existing 

Alignment Section #8

0 1 Moderate
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3.9 Hazardous Materials and Wastes Draft Program EIS/EIR

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Build Alternative 

Components

Recorded “ActiveStatus” Hazardous 

Sites

Recorded “ClosedStatus” Hazardous 

Sites

Likelihood of 

Encountering 

Corridor-Wide 

Hazardous Materials

Wellsona/Paso Robles 

Curve Realignments

0 0 Moderate

Templeton Siding 0 0 Moderate

Templeton/Henry Curve 

Realignments

0 0 Moderate

Upgrades to Existing 

Alignment Section #9

0 0 Moderate

Henry/Santa Margarita 

Curve Realignment

0 0 Moderate

Santa Margarita

Powered Switch

0 0 Moderate

Cuesta Second Main 

Track

0 0 Moderate

Upgrades to Existing 

Alignment Section #10

0 0 Moderate

The risk of encountering corridor-wide hazardous materials and wastes (including aerially-deposited lead and 

pesticide/herbicide residues) are not identified on a site-specific basis, as they do not derive from a single point 

source in a particular location.

3.9.5 AVOIDANCE, MINIMIZATION, AND MITIGATION 

STRATEGIES

The Build Alternative will be designed to minimize impacts related to hazardous 

materials and wastes along the Corridor. The following strategies have been 

identified at this preliminary stage to avoid, minimize, and/or mitigate any 

potentially significant impacts.

MIN-HAZ-1. As one or more components of the Build Alternative are selected for 

further design and potential development, detailed investigation of soils for 

contamination as part of an environmental site assessment (ESA), and if appropriate

a Phase II ESA, for each component prior to implementation should be conducted. 

Where conditions warrant a Phase II ESA, such ESAs shall include the following:
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Draft Program EIS/EIR 3.9 Hazardous Materials and Wastes

3.9-11

 A work plan that includes the numbers and locations of proposed soil 

borings/monitoring wells, sampling intervals, drilling and sampling methods, 

analytical methods, sampling rationale, site geohydrology, field screening 

methods, quality control/quality assurance, and reporting methods. 

 A site-specific Health and Safety Plan (HSP) signed by a Certified Industrial 

Hygienist.

 Necessary permits for encroachment, boring completion, and well installation.

 A traffic safety plan.

 Sampling program (fieldwork) in accordance with the work plan and HSP. 

Fieldwork shall be completed under the supervision of a geologist registered in 

the State of California, as appropriate.

 Hazardous materials testing through a certified laboratory.

 Documentation to include field procedures, boring logs/well diagrams, tables of 

analytical results, cross-sections, an evaluation of the levels and extent of 

contaminants found, and conclusions and recommendation regarding the 

environmental condition of the site and the need for further assessment. 

Recommendations may include additional assessment or handling of the 

contaminants found though the contaminated soil contingency plan. If the 

contaminated soil contingency plan is inadequate for the contamination found, 

a remedial action plan shall be developed. Contaminated groundwater shall 

generally be handled though the NPDES/dewatering process.

 Disposal process including transport by a state-certified hazardous material 

hauler to a state-certified disposal /recycling facility licensed to accept/treat the 

identified waste.

Where contaminated groundwater is encountered, the project sponsor shall obtain 

a NPDES permit prior to the issuance of a permit to construct. The NPDES permit 

shall specify site-specific testing and monitoring requirements and discharge 

limitations. 

Additionally, available agency files for moderate and high risk properties should be 

reviewed prior to demolition, grading, or construction. If the file review indicates a 

low likelihood of contaminants being present beneath or adjacent to a project 

feature (rail alignment, station, etc.), additional assessment/mitigation may not be 

recommended and the property could be reclassified as low risk.

MIN-HAZ-2. Surveys for lead-based paint and asbestos containing materials would 

be required prior to demolition of any buildings or structures. 
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3.9 Hazardous Materials and Wastes Draft Program EIS/EIR

3.9-12

MIN-HAZ-3. A Site Management Program/Contingency Plan would be required prior 

to construction to address known or potential hazardous material issues such as 

contaminated soil or groundwater, health and safety plan for construction workers 

and the public, and procedures to protect workers and the public if buried 

contaminants are encountered. 

MIN-HAZ-4. Construction contractors shall dispose of all hazardous or solid wastes 

and debris encountered or generated during construction and demolition activities 

in accordance with all applicable Federal regulations.

MM-HAZ-5. A Hazardous Materials Management Plan for all facilities that use, 

store, or dispose of hazardous materials should be prepared. Facilities emitting 

toxic air emissions shall submit inventories and plans to the appropriate air quality 

management district and be subject to permitting and monitoring regulations of the 

district. All necessary local, state and federal permits for the installation and 

operation of any above or below ground chemical or fuel storage tanks prior to 

installing such tanks would be obtained. 

3.9.6 SUBSEQUENT ANALYSIS

Prior to implementing specific elements of the Build Alternative, component-specific 

hazardous materials evaluations should be conducted. These evaluations would be 

used to determine if additional mitigations strategies from those discussed above in 

Subsection 3.9.5 would be applicable.