FOCIL - MB, LLC Variance from Manifest Requirements

2006048154

Department of Toxic Substances Control

NOE - Notice of Exemption

4/14/2006

4/14/2006

Susan Solarz

Department of Toxic Substances Control

Lead/Public Agency

1001 I Street, 11th Floor P.O. Box 806
Sacramento, CA 95812-0806

(916) 324-1799

Other

Section 15061(b)(3)

1. The management of soils in the Mission Bay project area is subject to oversight by the San Francisco Regional Water Quality Control Board (Board), as specified in the Risk Management Plan (RMP) dated May 11, 1999 and subsequently revised and approved by the Board on March 22, 2005. The RMP defines an "RMP area" wherein the RMP provisions are applicable. 2. Excavated soils from development within the Mission Bay project area have been transported on public roads using registered hazardous waste transporters and bills of lading, in lieu of a hazardous waste manifest in accordance with manifest variances issued by DTSC to Catellus in 2001 and 2005. The current variance does not change current practice of transport of excavated soils within Mission Bay. 3. The variance is applicable only to the management of non-RCRA regulated hazardous wastes. Soils at various locations at the site commonly have lead concentrations exceed the Soluble Threshold Limit Concentration, when analyzed by the California Waste Extraction Test (WET) test procedure, which would cause the soil to be characterized as a non-RCRA hazardous waste. The hazardous waste soils subject to this variance are low concentration lead and hydrocarbon contaminated soils that pose limited risk during transport for short distances over a limited number of streets within the approximately 300 acre Mission Bay project area. The presence of lead is associated with the filling of Mission Bay during the period from the 1860's into the early 1900's. 4. The hazardous waste soils subject to this variance may be transported along public streets only from one location within the RMP area to another location within the RMP area. The Bill of Lading will be used to document and track all loads of variance soil moved along public streets within the RMP area. This document will provide adequate basis for any necessary spill response. 5. FOCIL will maintain copies of the Bills of Lading for the five year variance duration at FOCIL's office. FOCIL shall prepare a report that summarizes the total quantity of materials transported pursuant to this variance during each calendar year. The report shall be subitted to DTSC each year. This record keeping will serve to adequately serve the intent of a manifest. 6. The Mission Bay SEIR, certified by the City and County of San Francisco on September 17, 1998, evaluated the environmental impact of the Mission Bay project, including movement and on-site staging and on-site reuse of excavated soils. 7. Registered hazardous waste transporters will be used to transport all soils subject to the variance along public roads. Soils will be transported, packaged, labeled, and placarded in accordance with all applicable DTSC, Department of Transportation, and California Highway Patrol requirements. 8. Traffic impacts related to the movement of soils subject to the proposed variance along public roads within the Mission Bay RMP area are addressed by regulatory agencies and by FOCIL.