How to Redevelop RCRA Sites in Pennsylvania Paul Gotthold Land & Chemicals Division EPA Region 3 Walter Payne, P.G. ECB Section Chief DEP Southeast Bethlehem Steel 2 The Success of the Work Team • Work Team formed in 1998 between EPA RCRA & DEP Act 2 • Current Team LVIP, HDR, EPA and Pennsylvania DEP • Historic MOA between EPA and DEP • Brownfield Action Team • Governor’s Award for Environmental Excellence • Phoenix Award PADEP and EPA “We are not afraid and so should you” Current Status and Recent Examples Paul Gotthold Land & Chemicals Division EPA Region 3 October 2012 Number of Cleanups in PA Program Number of Locations Acres Brownfields 725 101 locations/1465 Act 2 4,428/1,271 a lot ! CERCLA PA 3,246 A big number ! CERCLA active 415 PA-lead 227 vol CERCLA NPL 123 14, 272 RCRA CA 363 37,500 5 Pennsylvania RCRA Cleanups 6 One Cleanup Program 7 The Wharf at the Rivertown 8 Keystone Industrial Port Complex 9 On Going Projects with ongoing projects •Table Sunoco inthe Philadelphia and Marcos Hook - joint PADEP/EPA cleanup team - site-wide approach for both facilities -enabled rapid response to recent sale •Former BP Oil - joint PADEP/EPA cleanup team - June 2012 completion of $18 M shoreline remedy - entire project completed under Act2/facility-lead w/o cleanup order 35 other joint projects including Harley Davidson, Beazer, US Steel are participating: http://www.epa.gov/reg3wcmd/ca/moafacilities.htm 10 Sunoco 11 Google Earth 12 13 14 15 Pennsylvania Land Recycling Program Memorandum of Agreement PA DEP and Region 3 EPA PA Brownfields Conference Purpose of the MOA • Extend breadth of federal comfort provided under brownfields law and RCRA • Establish a One Cleanup Program within the Commonwealth • Recognize PA’s VCP for purposes of grant funding under CERCLA • Clarify CERCLA section 128(b) provisions related to limitations on Federal enforcement Recognition of PA LRP PA Land Recycling Program includes elements of state response program under CERCLA Section 128(a)(2) – Oversight and enforcement authorities to ensure response protective of HH&E – Mechanisms and resources to provide meaningful public participation, and – Mechanisms for approval of every cleanup and requirement for verification/certification that response is complete Applicability The following sites are not eligible – – Permitted HWMUs under Chapter 25 Pa. Code Sections 260a-270a – Properties proposed to be placed on the NPL – Properties placed on the NPL – Properties permitted under Solid Waste Management Act or Clean Streams Law whose cleanup standards differ from the VCP Applicability (cont.) The following sites are not eligible (cont.) – Any property where HRS package has been submitted to EPA, proposing inclusion on NPL – Any property with a remediation report “deemed approved” – RCRA Corrective Action Facilities approved under VCP prior to April 2004 – Properties or RCRA Corrective Action Facilities subject to enforcement action by any Federal agency or DEP, and action has not been taken to remedy to agency’s satisfaction Cooperation with EPA DEP to copy EPA on NIR and all SI reports • EPA intends to participate earlier in process where: – GW migrating offsite over R-GW MSC – GW remediation to undergo non-use aquifer determination – Pathway elimination is proposed – Property will be subdivided – Active remediation under RCRA Corrective Action PCBs • Cleanup of PCBs contaminated properties will be performed in accordance with 40 CFR Sections 761.50 and .61 • Cleanups must comply with both state and federal requirements Protectiveness • DEP will ensure that response conducted under the VCP will protect HH&E • DEP will require use Environmental Covenants and/or deed notices to be filed with County Recorder of Deeds where appropriate VCP @ RCRA Facilities • Achieve short-term protection and final cleanup goals • Require facility wide assessments and EI analysis • Address all releases of HW and hazardous constituents (including SWMUs and AOCs) • Provide for public involvement • Achieve EPA environmental indicators for contaminant exposure Community Participation • When an NIR is submitted and published, notice will include provision that – – Any individual may receive a copy of the cleanup plan and have any opportunity to comment – Any person affected by the release subject to the NIR may request a site assessment Web Sites of Interest MOA Press Release http://www.epa.gov/reg3wcmd/ca/one_cleanup_moa.htm MOA http://www.epa.gov/reg3wcmd/ca/pdf/moa_dep.pdf MOA Flowchart http://www.epa.gov/reg3wcmd/ca/pdf/MOAChart_Guidance.pdf Thank You Walter Payne, P.G. ECB Section Chief DEP, Southeast Regional Office 484-250-5960 484-250-5792 direct 484-250-5961 fax [email protected] 28