e Transmission Project

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4.8 HAZARDS AND HAZARDOUS MATERIALS
4.8.1 Overview
This section of the PEA describes the existing conditions related to hazards and hazardous
materials for the proposed Tehachapi Renewable Transmission Project (TRTP). The
management of hazardous materials and hazardous wastes is subject to numerous laws and
regulations. Summaries of federal and state laws and regulations related to hazardous
materials and hazardous waste management are presented in this section. This section also
assesses

the potential for implementation of the proposed Project to create a significant
hazard through construction and/or operations and maintenance activities.
4.8.2 Technical
Methodology
The impact assessment for Hazards and Hazardous Materials relies on the significance
criteria contained in the California Environmental Quality Act (CEQA) environmental
checklist presented in Appendix G of the State CEQA guidelines.
4.8.3 Regulations, Plans, and Standards
Regulations, plans, and standards for management of hazards and hazardous materials have
been promulgated by federal and state government. Federal and state government allows
local counties and cities to manage and/or implement many of the federal and state
regulations relating to the handling, storage, and disposal of hazardous materials and waste.
Administrative provisions have been enacted to allow for the planning, coordination and
reporting of hazardous materials and hazardous waste programs among federal, state and
local government. Potentially applicable federal, state and local programs are presented
below. Appendix K provides a wider range of potentially applicable federal, state and local
hazardous material related regulations that could apply to the proposed Project depending on
the results of the Phase I Environmental Site Assessments to be completed for the proposed
Project as part of Applicant Proposed Measure (APM) HAZ-1 as discussed in Section 4.8.5
below.
4.8.3.1 Regulatory
Definitions
The following provides summary definitions of hazardous materials and hazardous waste:
Hazardous Material: Any material that because of its quantity, concentration, or
physical or chemical characteristics, poses a significant present or potential hazard to
human health and safety or to the environment if released into the workplace or the
environment. Hazardous materials include, but are not limited to, hazardous substances, ENVIRONMENTAL IMPACT ANALYSIS
SECTION 4.0
AND MITIGATION MEASURES
Tehachapi Renewable Transmission Project

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hazardous waste, and any material which a handler or the administering regulatory
agency has a reasonable basis for believing would be injurious to the health and safety of
persons or harmful to the environment if released into the workplace or the environment
(California Health and Safety Code, Section 25501 [o]). A number of properties may
cause a substance to be considered hazardous, including toxicity, ignitibility, corrosivity,
or reactivity.
Hazardous Waste: A waste or combination of waste which because of its quantity,
concentration, or physical, chemical, or infection characteristics, may cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitation-reversible illness; or pose a substantial present or potential hazard to
human health or the environment, due to factors including, but not limited to,
carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or
persistence in the environment, when improperly treated, stored, transported, or disposed
of or otherwise managed (California Health and Safety Code, Section 25141). California
waste identification and classification regulations are found in Title 22 of the California
Code of Regulations.
4.8.3.2 Federal
4.8.3.2.1 Clean Water Act (CWA) 33 U.S.C. Section 1251 et seq. The Clean Water Act
is the principal federal statute protecting navigable waters and adjoining shorelines from
pollution. The law was enacted with the intent of restoring and maintaining the chemical,
physical, and biological integrity of the waters of the United States. Since its enactment, the
CWA has formed the foundation for regulations detailing specific requirements for pollution
prevention and response measures. The United States Environmental Protection Act (EPA)
implements provisions of the Clean Water Act through a variety of regulations, including the
National Contingency Plan and the Oil Pollution and Prevention Regulations.
Implementation of the Clean Water Act is the responsibility of each state.
The goal of the oil pollution prevention regulation in 40 CFR Part 112 is to prevent oil
discharges from reaching navigable waters of the United States or adjoining shorelines. The
rule was also written to ensure effective responses to oil discharges. The rule further specifies
that proactive, and not passive, measures be used to respond to oil discharges. The oil
pollution regulation contains two major types of requirements: prevention requirements (Spill
Prevention, Countermeasure, and Control [SPCC] rule) and Facility Response Plan (FRP)
requirements.
The SPCC rule requires facilities that could reasonably be expected to discharge oil in
quantities that may be harmful into navigable waters to develop and implement SPCC Plans. ENVIRONMENTAL IMPACT ANALYSIS
SECTION 4.0
AND MITIGATION MEASURES
Tehachapi Renewable Transmission Project

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EPA amended the SPCC Rule in 2006 to extend the SPCC compliance dates in �112.3(a),
(b), and (c) for all facilities until October 31, 2007.
SPCC Plans must be prepared, certified (by a professional engineer), and implemented by
facilities which store, process, transfer, distribute, use, drill, produce, or refine oil or oil
production.
4.8.3.2.2 Resource Conservation and Recovery Act (RCRA) 42 U.S.C. �6901 et seq.
The Resource Conservation and Recovery Act (RCRA) regulates hazardous waste from the
time that waste is generated through its management, storage, transport, and treatment, until
its final disposal. The EPA has authorized the Department of Toxic Substances Control
(DTSC) to administer the RCRA program in California.
4.8.3.2.3 U.S. Department of Transportation. The U.S. Department of Transportation has
the regulatory responsibility for the safe transportation of hazardous materials.
4.8.3.3 State
4.8.3.3.1 California Office of Emergency Services. The California Office of Emergency
Services coordinates the emergency response to an accidental release of acutely/extremely
hazardous materials.
4.8.3.3.2 Department of Toxic Substances Control (DTSC). Under Government Code
Section 65962.5(a), the DTSC is required to compile and update as appropriate, but at least
annually, and submit to the Secretary for Environmental Protection, a list of all of the
following:
1) All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of
the Health and Safety Code
2) All land designated as hazardous waste property or border zone property pursuant to
Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health
and Safety Code
4.8.3.3.3 Regional Water Quality Control Board (RWQCB). The RWQCB protects
ground and surface water quality by the development and enforcement of water quality
objectives and implementation of a basin plan. The RWQCB governs requirements, issues
waste discharge permits, takes enforcement action against violators, and monitors water
quality. ENVIRONMENTAL IMPACT ANALYSIS
SECTION 4.0
AND MITIGATION MEASURES
Tehachapi Renewable Transmission Project

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4.8.3.4 Local
4.8.3.4.1 Certified Unified Program Agency (CUPA). The CUPA is an agency certified
by the DTSC to conduct the Unified Program, which consists of hazardous waste generator
and onsite treatment programs; aboveground and underground storage tank programs;
Hazardous Materials Management, Business Plans, and Inventory Statements; and the Risk
Management and Prevention Program.
Kern County. The Kern County Environmental Health Services Department, Hazardous and
Solid Waste Division (HSWD) is the CUPA responsible for administering the hazardous
materials program within Kern County.
Los Angeles County. The Los Angeles County Fire Department (LACFD), Health and
Hazardous Materials Division (HHMD) is the CUPA responsible for administering
hazardous materials programs within Los Angeles County.
San Bernardino County. The San Bernardino County Fire Department (SBCFD), Hazardous
Materials Division (HMD) is the CUPA responsible for administering the hazardous
materials program within San Bernardino County.
4.8.4 Significance
Criteria
According to CEQA significance criteria, the proposed Project would result in a significant
impact if it would:
Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials?
Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment?
Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within 0.25 mile of an existing or proposed school?
Be loca