3 - The Bowery_PUBLIC COMMENT (SAFER)

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2 In the response to this comment, the FEIR states (p. 2-8): Mitigation Measure HAZ-1 requires approval of a Soil Management Plan (SMP) to ensure that the contaminated soils would be excavated and removed during Project excavation and grading activities pursuant to the regulations of DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the Orange County Health Care Agency (OCHCA). The SMP required by Mitigation Measure HAZ-1 would meet the same intent and requirements as the Removal Action Workplan or a Remedial Action Plan mentioned in this comment. A soil management plan is not an instrument that is used by DTSC or any other regulatory agency in assessing the need for cleanups or in planning for cleanups to be health protective. The soil management plan, as described in Mitigation Measure HAZ-1, is to include • A certified hazardous waste hauler to remove all potentially hazardous soils • Excavation and removal of contaminated soils • Sampling of soil during excavation to ensure that all contaminated soils are removed, and that residential Environmental Screening Levels (ESLs) for residential uses are not exceeded. • Subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities and soils suspected of contamination shall be tested. • If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB) ESLs for residential uses, it shall be transported and disposed of per California Hazardous Waste Regulations • Preparation of a Health and Safety Plan. This is in no way would “meet the same intent and requirements as the Removal Action Workplan or a Remedial Action Plan” as asserted in the FEIR in response to the DTSC as cited above. For example, a removal action work plan, as recommended by DTSC in their DEIR response as cited above, shall:1 • Identify the nature and the extent of contaminants • Describe the health effects of the contaminants • Perform a health risk evaluation • Identify cleanup goals • Perform an engineering evaluation and cost analysis • Compare remedial alternatives • Describe the selected remedy • Allow for public participation • Provide dust control • Conduct confirmatory sampling. Given the complex history of the Project site, we recommend entry into a voluntary cleanup program with DTSC.2 DTSC oversight will ensure the implementation of the step-wise approach of a remedial 1 https://dtsc.ca.gov/wp-content/uploads/sites/31/2018/09/SMBR_FORM_RAW_Template.pdf 2 https://dtsc.ca.gov/wp-content/uploads/sites/31/2018/07/eo-95-006-pp.pdf