hsca overview may 2007 jim werner
DESCRIPTION
Delaware Brownfields cleanup and redevelopment funding depends on fee from the Hazardous Site Cleanup Act (HSCA)TRANSCRIPT
Department of Department of Natural Resources Natural Resources and Environmental Controland Environmental Control
James D. Werner, Director, Air & Waste Management DivisionJames D. Werner, Director, Air & Waste Management Division
22 May 200722 May 2007
DELAWARE HAZARDOUS SUBSTANCE
CLEANUP ACT
HSCA Overview HSCA Overview ContentsContents What is HSCA?What is HSCA?
Cleanup & Redevelopment: Why Invest?
HSCA Program Efficiency and Management Reforms
Funding for:• HazMat Emergency Responses (lots of truck accidents)
• Clean up of Leaking Underground Storage Tanks (“LUST” at Gas stations)
• “Brownfields” Cleanup & Redevelopment
• Matching funds for federal Superfund NPL cleanups
What is HSCA?
DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT (“HSCA”) CH. 91.
Funding from: 0.9 cents per “mill” on sale of petroleum
products
CERCLA 9:1 funding match largely gone
HSCA enacted when Federal Superfund dollars were available to match 90 cents on the dollar for every 10 cents spent by states.
Now, with Congressional inaction on Superfund fees, HSCA is only significant cleanup funding available
What is HSCA?
DELAWARE HAZARDOUS SUBSTANCE CLEANUP ACT (“HSCA”) CH. 91.
What is HSCA?What is HSCA?Environmental Emergency Environmental Emergency Response 1-800-662-8802Response 1-800-662-8802 On Call 24/7 On Call 24/7 > 200 Emergency > 200 Emergency
responsesresponses > 4,000 > 4,000
complaintscomplaints responsesresponses
Teamwork with Teamwork with local responders, local responders, EPA, USCG, and EPA, USCG, and DNREC EPOs.DNREC EPOs.
What is HSCA?What is HSCA?Brownfields Cleanup & Brownfields Cleanup & RedevelopmentRedevelopment
• More than 300 site cleanupsMore than 300 site cleanups now underwaynow underway
• Revised BF funding policy Revised BF funding policy to to include preference for include preference for - affordable housing, affordable housing, - LEED-certified buildings, &LEED-certified buildings, &- smart growth projectssmart growth projects • Value Stream Mapping:Value Stream Mapping: expedites cleanups &expedites cleanups & increase efficiencyincrease efficiency
• Use existing infrastructure(roads, water, sewer, electric, etc.)
• Revitalize communities• Promote Smart Growth not sprawl• Leverage investment/create jobs• Clean up contamination;
protect health and environment
Brownfields Cleanup & Redevelopment:
Why Invest?
Former Cannery VillageFormer Cannery Village
Former Capitol Scrap, DoverFormer Capitol Scrap, Dover
Chesapeake SupplyChesapeake Supply
Dover Ice HouseDover Ice House
Former Timmons MarinaFormer Timmons Marina
Former NVF - NewarkFormer NVF - Newark
Naga FoodsNaga Foods
Speakman TownhomesSpeakman Townhomes
HSCA Program Efficiency and Management Reforms
New contract vehicles professional quals and price
Value Stream Mapping New attorney on BF as well
enforcement attorney Uniform Environmental Covenants Act
to support risk-based cleanups Brownfield Advisory Committee –
technical, policy and financial reforms
•Up to $1 Million/year per project for local governments & NGOs
•$225,000 for private BF developer ($100,000 1:1 match)
•Direct payment available to local governments and NGOs
Newly Revised
Brownfields Funding Policy
Establishes Preference for:
• LEED-certified (“green”) building projects
• Affordable housing
• Smart growth projects
Brownfields Funding Policy (cont.)
What is a What is a Brownfield?Brownfield?
““Abandoned, idled, or Abandoned, idled, or under-used industrial under-used industrial and commercial facilities and commercial facilities where expansion or where expansion or redevelopment is redevelopment is complicated by real or complicated by real or perceivedperceived environmental environmental contamination”contamination”
- EPA- EPA
BrownfieldBrownfield
Browns FieldBrowns Field
Browns FieldBrowns Field
Typical LTS MethodsTypical LTS Methods EngineeredEngineered Controls Controls
– Soil Caps, Vapor Barriers,Groundwater Soil Caps, Vapor Barriers,Groundwater BarriersBarriers
– Site Access ControlsSite Access Controls InstitutionalInstitutional Controls Controls
– Restrictive Covenants (UECA)Restrictive Covenants (UECA)– Deed NoticesDeed Notices– Soil Management PlansSoil Management Plans– O&M PlansO&M Plans
Elements of Long-term Environmental Stewardship:
• Site surveillance and maintenance operations,
• Application and enforcement of institutional controls,
• Information management, and
• Environmental monitoring.
Sandia National Laboratories, LTES 2000
Environmental Emergency Environmental Emergency Response 1-800-662-8802Response 1-800-662-8802
On Call 24/7 On Call 24/7 > 200 Emergency > 200 Emergency
responsesresponses > 4,000 > 4,000
complaintscomplaints responsesresponses
Teamwork with Teamwork with local responders, local responders, EPA, USCG, and EPA, USCG, and DNREC EPOs.DNREC EPOs.
2
Scrap Tire Cleanup
• Jan 2007 –Cleanup Fund Established
•$2 per tire
• Current Current estimate:estimate:
> 2-3 million > 2-3 million tirestires
dumpeddumped
Graph 2Cummlative Remediation Costs
0
5
10
15
20
25
30
35
40
45
50
0 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000
Remediation Costs (USD)
Sam
ple
Num
ber o
f Site
s (4
4)
Cumulative Percent oftotal Number of Sites
Dogfish Head Beer Brewery Dogfish Head Beer Brewery & WBOC, Milton& WBOC, Milton
Typical LTS MethodsTypical LTS Methods EngineeredEngineered Controls Controls
– Soil Caps, Vapor Barriers,Groundwater Soil Caps, Vapor Barriers,Groundwater BarriersBarriers
– Site Access ControlsSite Access Controls InstitutionalInstitutional Controls Controls
– Restrictive Covenants (UECA)Restrictive Covenants (UECA)– Deed NoticesDeed Notices– Soil Management PlansSoil Management Plans– O&M PlansO&M Plans
Brownfields Advisory Brownfields Advisory CommitteeCommittee
Financing subcommitteeFinancing subcommittee Vapor intrusion subcommitteeVapor intrusion subcommittee Presumptive remedy Presumptive remedy
subcommitteesubcommittee
Elements of Long-term Environmental Stewardship:
• Site surveillance and maintenance operations,
• Application and enforcement of institutional controls,
• Information management, and
• Environmental monitoring.
Sandia National Laboratories, LTES 2000
Release of Liability for Natural Release of Liability for Natural Resource DamagesResource Damages
Support by DEDO for projects Support by DEDO for projects creating jobscreating jobs
Includes gas station tank leak Includes gas station tank leak sites sites