NARPM 2011 Kansas City, Missouri

Session Overview • Module 1: Ready for Reuse Determinations

– Kira Lynch • Module 2: Reuse Assessments

– Matthew Sander • Module 3: Reuse Planning

– Casey Luckett Snyder • Module 4: Prospective Purchaser Inquiry Call

– Bill Denman • Module 5: Comfort/Status Letters

– Bill Denman

Presentation Overview:

• Why EPA Cares About Reuse

• What is SRI?

• How SRI Got Started

• How SRI Can Help

• Mythbusters

“EPA’s cleanup programs have set a national goal of returning formerly contaminated sites to long-term, sustainable, and productive use. EPA will continue to foster revitalization… by developing policies and systems for the long-term use of remediated land; identifying and removing unintended barriers to beneficial reuse of contaminated properties; working with the marketplace to make formerly contaminated properties commercially attractive; and developing revitalization measure and indicators for all EPA cleanup programs.”

2006-2011 EPA Strategic Plan, page 72

What Is SRI: Superfund Redevelopment Initiative

Working with communities and other partners in considering future use opportunities and integrating appropriate reuse options into the cleanup process

What is SRI: How We Started Pilots Promoting Reuse

Policy Reviews Partnerships

How SRI Can Help: • Outreach • Reuse Planning • Regional Seeds • Training • Guidance Documents • Return to Use Initiative • SWRAU

Outreach: Fact Sheets and Case Studies

Outreach: Videos and Website

Regional Seeds: Benefits

• Help remove barriers for reuse • Encourage appropriate reuse • Use site-specific tools and strategies

Regional Seeds: New Approaches

• Alternative Energy • Green Remediation • Area-wide Planning

Training: National Conferences and Regional Trainings

• National Association of Remedial Project Managers (NARPM) Conference

• Annual Coordinators Conference • Brownfields Conference • Green Remediation • SRI University • Regional training

Guidance: Land Use Directive

Considering Reasonably Anticipated Future Land Use and Reducing Barriers to Reuse at EPA-lead Superfund Remedial Sites

Return To Use Initiative:

The goal of the Return to Use (RTU) Initiative is to remove barriers to reuse that are not necessary for the protection of human health, the environment, or the remedy at sites where remedies are already in place.

Return To Use Initiative:

SWRAU: Sitewide Ready for Anticipated Reuse

* Chart includes 2010 SWRAU Retractions (Region 10)

In Summary: If… then… • Redevelopment is not the Agency’s mission • EPA has no authority to address land use • Redevelopment activities use up dollars that

should be used for cleanup • Reuse planning gives people false

expectations • Superfund redevelopment means big box

stores and making developers rich

Melissa Friedland

Superfund Program Manager

for Redevelopment

(703) 603-8864

friedland.melissa@epa.gov

http://www.epa.gov/superfund/programs/recycle

mailto:friedland.melissa@epa.govhttp://www.epa.gov/superfund/programs/recycle

Presented by: Kira Lynch

Superfund Technology Liaison Region 10

Overview • Characterize RfR Determinations.

• Introduce RfR Determination guidance. • Clarify EPA roles and responsibilities in RfR

Determination development process.

• Review a recent case study that establishes a new way to use RfR Determinations to make more sites available for reuse.

What is an RfR Determination? •A technical determination •An environmental status report

•A supplement to Superfund cleanup decisions

•A communication tool that identifies protective types of uses

Ready for

Reuse

Why Issue an RfR Determination?

• Address Superfund stigma • Facilitate reuse of sites • Protect future site users • Provide information to real estate market

Why Issue an RfR Determination? Eliminating environmental contamination

and returning sites to use can improve local quality of life.

Why Issue an RfR Determination? Site reuse helps protect remedies because

there are groups using the site on a regular basis.

Why Issue an RfR Determination ?

• Protect the site remedy

• Communicate and reinforce land use restrictions

Portions of the South Point Plant in South Point, Ohio are ready for industrial use. Capped areas will not be used for the new industrial park.

RfR Determination Limitations • Not a legal document

• Not a certificate

• Site must meet CERCLA standards of protectiveness

• Creates no rights or obligations

Parcels addressed in the H.O.D. Landfill RfR determination are subject to local land use regulations.

Site Applicability and RfR Determination Guidance

• All or a portion of a Superfund site – Proposed and final NPL sites – NTC removal action sites – Superfund Alternative Sites

• Sites with restricted and unrestricted uses

• No requirement to issue RfR

Determinations

Location of RfR Determinations

True or False

When Can a Site Receive an RfR Determination?

• Site meets CERCLA standards of protectiveness

• Pre-ROD

• ROD or Action Memo stage

• After a site is remediated

• Rules with regard to institutional controls

Rules for Institutional Controls

RfR Determinations do not supersede or modify easements, restrictions or institutional controls. Questions to Ask: • Are institutional controls in place?

– If yes… – If no…

• Is HQ/OSRE concurrence required?

Preparing an RfR Determination • Site manager role (RPMs, OSCs)

• Role of States, Tribes, and local governments

• Role of landowner(s)

• Public notice requirements

Resources in Preparing RfR Determinations

• Existing Documents

• PRPs/ Landowners

This map for the Arlington Blending & Packaging site was augmented for the RfR determination, but almost all of the other information was obtained from the Five-Year Review.

Reuse Performance Measures and RfR Determinations

• Relating Reuse Performance Measures and RfR Determinations

• RfRs can be independent of Government Performance and Results Act (GPRA)

Cross Program Acres Ready for Anticipated Use (RAU) And Protective for People (PFP)

Sitewide Ready for Anticipated Use

(SWRAU)

OR

Eastern Michaud Flats FMC Plant OU

Site Overview • The FMC Plant Operable Unit (OU) is a

part of the larger Eastern Michaud Flats (EMF) Superfund site in southeastern Idaho.

• A portion of the FMC Plant OU, the Superfund Remedial Investigation Areas (SRIA) Parcels 4, 5, and 6, are the subject of this RfR Determination.

Parcels 4, 5 and 6

Eastern Michaud Flats FMC Plant OU

Situation • Parcels 4 – 6 represent valuable land northwest of the city available for

redevelopment. • The land is located immediately north of the West Pocatello Exit from I-

86 and comprises approximately 87 acres. • FMC has been working with the Power County Development Authority

(PCDA)since 2005 to initiate redevelopment of the property to bring good paying jobs to the area.

• This portion of the site is located with the county. Other parcels are located on adjacent Tribal lands. The Tribal government may elect to support an RfR Determination in the future.

Eastern Michaud Flats FMC Plant OU

Barriers • Superfund site stigma. • Lack of information about risks of concern and the safety of possible

future land uses.

Photo from main FMC plant site, looking north, with RFR parcels between highway and Chevron tank farm on left in far ground.

Eastern Michaud Flats FMC Plant OU Solution

• EPA determined the remedy for this part of the EMF Superfund site consists

solely of institutional controls. • The site owner voluntarily established covenants that run with the land and

fully address each of the potential risks: – Potential residential exposure to site contaminants, primarily via drinking

ground water, – Consuming fruits and vegetables grown on the property, – Incidental soil ingestion and external exposure to gamma radiation.

• The operative restrictions under the 2010 covenants include: – The Property may be used for commercial and industrial uses only, – There shall be no extraction of ground water for human consumption, – The Property shall not be used for growing fruits and vegetables for human

consumption.

Eastern Michaud Flats FMC Plant OU Solution • Power County, EPA and IDEQ signed a RfR Determination for the property

that PMC made available to the PCDA for commercial development. • The RfR Determination declares portions of the site as ready for

industrial/commercial use, subject to continued enforcement of the restrictive covenants.

• The RfR Determination clarifies that there are no current or potential risks from the site as long as the covenants are in place and enforced.

Photo from RfR parcels, shown in near ground, looking south across entire FMC Plant OU. Simplot Plant OU on left.

Eastern Michaud Flats FMC Plant OU “This is just what we’ve been waiting for,” said Kent Rudeen, Chairman of the PCDA. “EPA, IDEQ, FMC and PCDA have been working for months to get this certificate finalized so that we can officially kick-off the redevelopment of this site. The property is just off Interstate 86, making it very attractive for redevelopment that can bring good paying jobs to the area.”

Setting New Precedent New Application of RfR Determinations • The EMF, FMC Plant OU is the first RfR Determination issued prior to a

Record of Decision (ROD) being signed. • Determined that ICs such as restrictive covenants issued by the county

effectively manage the risks to human health and the environment. • Established the practice of basing RfR Determinations on ICs prior to

completion of the ROD. • Presents new opportunity to Superfund sites. Sets precedent for using

RfR Determinations to make more sites available for reuse.

Setting New Precedent

Can you think of other pre–ROD situations

were site risks can be controlled by ICs and

where an RfR Determination can help get

sites into reuse?

RfR Determination Take-Home Lessons

• RfR Determinations can help protect a site’s remedy. • Specifying protective future uses of sites protects

future users of the sites. • RfR Determinations may facilitate the reuse of sites. • Issuing an RfR Determination is not mandatory. • RfR Determinations should use existing EPA

documents and be relatively easy to write. • The Eastern Michaud Flats, FMC Plant OU RfR

Determination establishes a new way to use RfR Determinations to make more sites available for reuse.

For More Information: CONTACT:

Kira Lynch Superfund Technology Liaison (STL) - Region 10

ORD - Office of Science and Policy 1200 Sixth Avenue, Suite 900

Office of Environmental Assessment (OEA) Seattle WA 98101

phone: 206-553-2144 email: lynch.kira@epa.gov

Superfund Redevelopment Initiative website:

http://www.epa.gov/superfund/programs/recycle

tel:206-553-2144http://www.epa.gov/superfund/programs/recycle

Presented by:

Casey Luckett Snyder Region 6

Superfund Redevelopment Initiative Coordinator

Module Overview

• Introduction to reuse planning – What is reuse planning? – Why do reuse planning? – Key reuse planning components – Key reuse planning documents – What’s the difference between reuse planning

and reuse assessments?

• Case Study: Bandera Road Superfund Site

What is Reuse Planning? Reuse planning is a process, funded through SRI,

that brings together stakeholder teams to plan for a site’s reuse. These teams can consist of local and state government representatives, community groups and members, EPA staff, the site owner, local business representatives and others.

Why do Reuse Planning? • EPA policy

• Possible catalyst for remedial action • Increases potential for targeted remedial

process and lower remedial costs • Establishes realistic community expectations • Strengthens working relationships between

communities and EPA • Environmental and smart growth benefits • Enhances long-term stewardship

Key Components of Reuse Planning

#1: Building political support and establishing the legitimacy of the reuse planning process

#2: Site research & analysis #3: Community involvement, education and capacity-building #4: Conceptual site reuse framework #5: Identification of resources #6: Project report

Key Reuse Planning Documents

• Land Use in the CERCLA Remedy Selection Process (May 1995) (“Land Use Directive”)

• Reuse Assessments: A Tool To Implement The Superfund Land Use Directive (June 2001) (“Reuse Assessment Guidance”)

• Mike Cook Memo – “Reuse Considerations During CERCLA Response Actions” (October 2002)

• 2010 Reuse Directive – Considerations for Accommodating Reuse in Superfund

Reuse Assessments vs. Reuse Planning

Reuse Assessment Reuse Planning • Part of the remedial

process • EPA-managed process • Pre-ROD focus • Identifies broad

potential categories of use at a site

• End result: documentation of reasonably anticipated future land uses

• Voluntary process • Community-based

process • Pre-ROD focus • Identifies a footprint for

specific land uses for particular portions of a site

• End result: site reuse plan

Case Study — Reuse Planning for the Bandera Road Superfund Site

Leon Valley, Texas

Purpose of Reuse Planning at Bandera Road

• Identify reasonably anticipated future land uses and associated remedial considerations.

• Identify interim revitalization strategies for the city given the long-term cleanup and potential for stigma related to the Superfund site.

Site Background • Groundwater plume with at least two

sources in Leon Valley: two former dry cleaners located on Bandera Road.

• Plume was identified in 2004. • Placed on the National List in

2007. • Primary contaminants of concern are

chlorinated solvents. • EPA is conducting an ongoing investigation

to identify the extent of the plume. • Nearby land uses include residences, light

commercial/industrial, parks, playgrounds and schools.

Planning and Development Initiatives Sustainable Design Assessment Team (SDAT) Study • A broad planning assessment to help frame future policies

and sustainable solutions • Project principles look for the intersection of the three “E”s

(environment, economics and equity) to create: – Physical basis for prosperity – Demand for products and services – Sense of place

Planning and Development Initiatives

Additional City Initiatives • Leon Valley Redevelopment Master Plan • “El Verde by 2020” • Leon Valley Tree Challenge • Fiesta Dodge Plans

Town Center Concept Plan Leon Valley SDAT – El Verde 2020 report

Site Characterization Leon Valley Land Use Goals • Protect the city’s groundwater supply from

contamination by the groundwater plume and/or future industrial activities

• Guide and support redevelopment along Bandera Road – Create a Town Square and Town Center – Create a sense of place – Attract young professionals by promoting a live/work

environment • Promote sustainability through the Sustainability

Overlay and other city initiatives

Site Characterization

Other Regional Initiatives

• Crystal Hills Park (planned) • Huebner and Leon Creek Community Plan

Update • Bexar County Floodplain Project • Bus Rapid Transit access

Regional Context

Zoning & Redevelopment Master Plan Areas

New Development Projects

Natural Assets

Reuse Assessment Land Use Considerations EPA uses reasonably anticipated future land use to inform decisions regarding cleanup methods and remedial design. Key considerations for Bandera Road include:

• Future land use likely to include residential, recreational, commercial and industrial uses.

• Current land use plans and initiatives seek to green the city and enhance outdoor access for residents and visitors.

• One source area is located inside Leon Valley’s Town Center area, which is targeted for redevelopment.

Reuse Assessment Remedial Considerations • Remedial features are likely to be located at the source sites

and may create minimal constraints on use. • Reuse in areas beyond the source sites is more likely to be

impacted by potential Superfund stigma than by remedial features.

• Possible remedial features include: – Flush mounted monitoring wells across the plume area. – Groundwater treatment wells at the source sites.

Example of a flush-mount monitoring well

Moving Forward with Revitalization Strategies

• Identify reasonably anticipated future land uses and associated remedial considerations.

• Identify interim revitalization strategies for the city given the long-term cleanup and potential for stigma related to the Superfund site.

Bandera Road existing right-of-way Source: SDAT Study

Revitalization Strategies • Additional recommendations of the Sustainable Design

Assessment Team (SDAT) Study included: • Incorporate sustainable “green infrastructure” elements • Leverage existing open spaces • Introduce unifying streetscape components

Examples of analysis mapping of GI systems (open space/habitat, bike/equestrian trails and population density to park size) for the Los Angeles River Revitalization project Source: http://councilcommittee.lacity.org/lariver/map.htm

Revitalization Strategies Green Infrastructure (GI) Planning: a framework for understanding the valuable services that nature provides for the

human environment and integrating these natural systems or assets into city and regional planning GI Systems - At a regional or municipal scale can guide growth and preservation.

Site-Scale GI Systems - Integrate functions and utilize natural processes to make communities more healthy and enjoyable.

Examples of a natural drainage systems in arid climates

Revitalization Strategies

Revitalization Strategies

Proposed Revitalization Strategies Integrate green infrastructure planning into the city’s current and future infrastructure projects through three future use strategies: 1. Greenway 2. Green streets 3. Green links

Bob Jones Trail, San Luis Obispo, CA Source: Los Angeles Times

Revitalization Strategies Strategy 1: Create a Huebner Creek Greenway

Existing Assets

• Raymond Rimkus Park and trails • Natural Area and trails • Trail north of Raymond Rimkus along Huebner Creek

Planned Revitalization Projects

• Crystal Hills Park and trails • Floodplain Annexation and

potential trail • grading

Huebner Creek Greenway

Street-tree plantings and swale Highpoint Community, Seattle Source: SvR Design Company

Revitalization Strategies Strategy 2: Select a green streets network for targeted tree planting and natural

drainage features

Suggested street selection criteria Intersects Bandera Road Connects to the proposed Huebner Creek Greenway Provides access to an existing amenity or attraction Existing Assets Existing attractions and amenities 10,000 Trees Program Planned Revitalization Projects Potential green infrastructure/natural drainage on Bandera Road

Green Streets Network

Barcelona, Spain Source: Staff photo

Stormwater Planters, CA Source: Mia Lehrer + Associates

Revitalization Strategies Strategy 3: Build green links to connect to the Leon Creek

Greenway

Existing Assets Leon Creek Greenway Leon Valley trails network

Planned Revitalization Projects Crystal Hills Park and trails Potential GI/NDS along Bandera Road Huebner and Leon Creeks Community Plan includes community commercial development with pedestrian/bike access to Leon Creek Greenway

Green Links

Town Center Revitalization

Example of a tree-lined pathway, Volunteer Park, Seattle Source: SvR Design Company

Revitalization Strategies Summary Leon Valley has a proactive approach to sustainability

Numerous existing sustainability initiatives could provide a foundation for counteracting potential Superfund-related stigma

Suggested strategies include developing an intentional green infrastructure network based on: • Greenway • Green Streets • Green Links

These strategies may inform the Town Center master plan and future city planning and economic development initiatives

Recommendations • Align Economic Development Analysis

• Identify Green Infrastructure Pilot Projects

• Integrate Strategies into Leon Valley Redevelopment

• Planning • Address Superfund Liability • Concerns • Collaborate with Source Area • Site Owners

Outcomes Reuse Plan:

• A revitalization framework that links sustainability and economic development.

• Strategies and specific action steps to develop a local greenway, target tree planting and pedestrian amenities and link the Town Center to the regionall greenway network.

Chris Villarreal Region 6

214-665-6758 Villarreal.Chris@epa.gov

Superfund Redevelopment Initiative website: http://www.epa.gov/superfund/programs/recycle

mailto:Villarreal.Chris@epa.govhttp://www.epa.gov/superfund/programs/recycle

Presented by:

Matthew Sander Office of Site Remediation Enforcement

Overview

• Discuss key background documents • Introduce the reuse assessment basics • Discuss case studies:

• Midvale Slag, Region 8 • Beede Waste Oil, Region 1 • Chlor-Alkali (Cell House), Region 1

Key Background Documents • National Contingency Plan (NCP) • RI/FS Guidance (1988) • Land Use Directive (1995) • ROD Guidance (1999) • Reuse Assessment Guidance (2001) • October 10, 2002, Memorandum • Future Directives

The Reuse Assessment Guidance • Reaffirm the Superfund Land Use Directive, and

highlight its importance in achieving the goals of the Superfund Redevelopment Initiative.

• Extend the applicability of the Superfund Land Use Directive to non-time-critical removal actions, where appropriate.

• Introduce the reuse assessment as a tool to implement the Land Use Directive.

Definition of Reuse Assessment

The Reuse Assessment Guidance defines the reuse assessment as part of the remedial process that “… involves collecting and evaluating information to develop assumptions about reasonably anticipated future land uses (RAFLUs) at Superfund sites.”

Goals of a Reuse Assessment

• Develop assumptions regarding reasonably anticipated future land uses (RAFLUs)

• Document the process and basis for determining the RAFLUs

A Reuse Assessment Should Reflect:

• What we know about the existing uses

• EPA’s current level of understanding and certainty relating to future site uses

• Data elements needing clarification to better anticipate the

RAFLUs This view of the Eastland Woolen Mill site was taken from a previous EPA document and used in the reuse assessment.

Who Conducts Reuse Assessments?

• The following entities are likely to produce reuse assessments: – EPA or State

• RPMs, CICs, or contractors – PRPs

• EPA (or State) is responsible for ensuring that reasonable assumptions are made regarding RAFLUs

Difference Between a Reuse Assessment and a Reuse Plan

• Reuse assessment: Part of the remedial process that “… involves collecting and evaluating information to develop assumptions about reasonably anticipated future land uses (RAFLUs) at Superfund sites.”

• Reuse plan: A framework that outlines reuse goals and recommendations for a site, evaluates potential site reuse opportunities and challenges, and outlines potential strategies for integrating the site's

remedy with reuse considerations and returning the site to successful use.

Minimum Requirements Set by the Reuse Assessment Guidance

• Identify broad categories of use

• Support remedy selection in ROD

Residential Commercial Ecological Recreational

Six Key Questions

• What is the history of the site? • What are the current uses and indications of

change? • Do the owner and purchaser have existing

plans for future uses of the site?

Six Key Questions (cont.)

• What factors favor or limit future use? • Which key individuals and groups will

determine reuse and what are their views? • How is the community involved in reuse

planning for the site?

A closer look at several reuse assessments

Midvale Slag Site

Why do a Reuse Assessment? • Midvale Slag and Sharon Steel = only

available land for expansion in Salt Lake Valley

• Redevelopment troubles at Sharon Steel

Reuse Assessment Methods Though the Reuse Assessment Guidance had not been officially created yet, many of its key ideas were used at the Midvale site, including:

• Close collaboration with local government • Property owner had counsel that understood Superfund • City staff took a “crash course” in Superfund • City staff participated in every stage of the remedial process, even

reviewing documents • City helped EPA understand its concerns • City worked with EPA to create workable ICs, which were critical to the protection of human health and the future use of the site

Reuse Outcomes

Beede Waste Oil Site

Why do a Reuse Assessment?

• Accurate information on the likely uses of the site and the surrounding area would allow EPA to make reasonable assumptions about possible exposures to contaminants. These assumptions form the basis for establishing site specific cleanup levels and, ultimately, for designing a protective remedy.

Reuse Assessment Methods

• EPA identified land uses that can be reasonably anticipated based on currently available information. EPA did not attempt to determine which reuse scenario was “best suited” for the site.

• Where multiple uses were possible, or there as uncertainty regarding those uses, EPA considered the range of protective uses that could reasonably occur.

Reuse Assessment Outcome • Reuse assessment completed prior to the ROD • Excerpt from ROD:

– Site is zoned as medium density residential (MDR-20) – Discussions with local government officials and

community members (abutters) supported residential use

– Existing abutting properties consist primarily of single and multi-family residential structures

– Ground water is used as an active source of drinking water.

Reuse Assessment Outcome con’t.

• “EPA carefully considered land use, zoning requirements and Site character, along with reasonably anticipated future land use…”

• “In determining the appropriate level of risk exposure for land use…EPA carefully considered …not only the character of the neighborhood, ownership of the Site and land use zoning, but also the Town of Plaistow’s Motions of the Board of Selectmen…”

Reuse Assessment Summary

A reuse assessment should reflect: •What we know about the existing uses

• EPA’s current level of understanding and certainty

relating to future site uses

• Data elements needing clarification to better anticipate the RAFLUs

Matthew Sander OSRE

(202) 564.7233 sander.matthew@epa.gov

Superfund Redevelopment Initiative website:

http://www.epa.gov/superfund/programs/recycle

mailto:sander.matthew@epa.govhttp://www.epa.gov/superfund/programs/recycle

Presented by: Bill Denman

Region 4 Remedial Project Manager and

Superfund Redevelopment Coordinator

Presentation Overview • Prospective Purchaser Inquiry (PPI) Call • Comfort/Status Letter

Use the TOOLS!

Prospective Purchaser Inquiry Call

Purpose: service that offers the prospective purchaser (PP) fast, accurate, and comprehensive information to enable the PP to make a timely business decision on whether to purchase or not.

Benefits: • one-stop shopping for information • access to all of EPA’s revitalization tools • creates informed PPs that don’t impede cleanup

or exacerbate conditions

How Does A PPI Call Work?

• From the purchaser’s perspective: If a purchaser is interested in a Superfund site, they contact the EPA staff assigned to the site or the Superfund Redevelopment Coordinator.

Step 1: Organize the (PPI) Reuse Team

Key Staff on the (PPI) Reuse Team may include: • RPMs • OSCs • Site attorneys • Risk assessors • SRI coordinator • Regional managers • CICs

Step 2: Reuse (PPI) Team Meets Before the Call

• The Reuse (PPI) Team meets before the call in order to:

• Share information about the site ―Site status ―Future anticipated actions ―Current and future property restrictions or

engineered controls ―Status of any liens

• Develop a strategy for the call

Step 3: The Call or Meeting • Have a conference call or face-to-face meeting with the

Prospective Purchaser

• Prospective Purchaser’s “team” might include: – Lender – Investor – Local government – PRP

• Other participants might include:

– State Agencies – Site Owners – Communities – Special Interest Groups/EPA Partners

Step 4: Identify the 4 Issues Critical to a Successful Reuse Project

1. Site status and future anticipated actions, including institutional controls

2. Compatibility of proposed redevelopment with cleanup and institutional controls

3. Liability issues

4. Lien issues – Can Superfund lien and Windfall lien issues be resolved?

EPA Region 4 supported the Anodyne Inc. site in North Miami Beach, FL, through the Region’s PPI Process.

Liens Can Be Negotiated

• Bring Site Attorney and Key Stakeholders together to negotiate any EPA liens.

• Clarify EPA’s intentions regarding liens.

TRIVIA! Question: Don Felder (pictured here) grew up

in Gainesville, Florida just a few blocks from the Koppers Creosote plant, now part of the Cabot/Koppers Superfund site. His father and grandfather worked as mechanics at the plant most of their lives and this was one of his motivations to learn to play the guitar. He became the lead guitarist for which famous rock band?

TRIVIA!

Answer: The Eagles

Liability Protection: Enhancing Stakeholder Comfort

• 2002 Brownfield Amendments

• Bona Fide Prospective Purchaser (BFPP) provision — Main protection for prospective purchasers — Achieve and maintain BFPP status — Purchase after 1/11/2002 & satisfy 8 criteria

» Windfall Lien provision —Windfall lien only if certain conditions exist

Liability Protection: BFPP 8 Statutory Criteria

• If a BFPP, then not liable under CERCLA 107 – Not a PRP or affiliated with a PRP – Disposal occurred before purchase – All appropriate inquiries about contamination – Provide all legally required notices – Take reasonable steps to prevent releases – Provide access, cooperation, assistance – Compliance w/ institutional controls & no interference with

cleanup – Compliance with information requests/subpoenas

– *prerequisite: must acquire property after Jan. 11, 2002

Step 5: Offer Appropriate Reuse Tools

• Assess the Situation —What concerns does the

Prospective Purchaser have with purchasing the site?

—What can be done to alleviate these concerns?

• Offer Appropriate Reuse Tools —Consider which tools might

help facilitate the reuse process

TRIVIA!

Question: As a teenager, Don Felder taught guitar

lessons to earn money to buy guitars. Which famous rocker, also from Gainesville, was one of his students?

Hint: He no longer has to "live like a refugee.”

TRIVIA!

Answer: Tom Petty

Status/Comfort Letters: What’s their purpose?

• Clarify the likelihood of EPA involvement at a site

• Identify whether a windfall lien is applicable to a site

• Emphasize the lead role of the state Agency in site investigation and remediation

• Describe cleanup progress at a site

• Suggest reasonable steps that should be taken at a site

Region 3 addressed Robert Morris University’s concerns about the Ohio River Park site with a new version of a reasonable steps comfort letter, and RMU purchased the property less than 2 weeks after the Region issued the comfort letter.

Case Study: Chemform Inc.

• Kismet Engineering Company Industrial started operating at the site in 1967

• The company primarily repaired and refurbished turbine engine components for the aerospace industry

• The approximately 4-acre Chemform Inc. site is located in an industrial area of Pompano Beach, Florida

Site Contamination History • From 1967 to 1985, numerous companies, including Chemform, Inc., conducted operations at the site, which

generated different wastes and spent materials. • ECM machine wastewater and sanitary sewage were

reportedly discharged to an on-site septic tank and leach field near the building on the site. Process wastewaters were discharged to an on-site open trench in a field.

• A 1985 assessment found the soil and ground water at the site to be contaminated with heavy metals and other contaminants. The Biscayne aquifer extends underneath the site and supplies all municipal water to Broward County. The site was added to the Superfund National Priorities List (NPL) in 1989.

The Remedy • Approximately 3,600 cubic yards of soil

were excavated in addition to the removal of on-site drums and debris, and soil and sludge from two underground storage tanks.

• The remedy was effective in protecting human health and the environment and the site was deleted from the NPL in 2000.

• The Site was redeveloped and used by Coast To Coast Building Products Inc. as a wholesale building materials operation, until 2008. It has been unoccupied since that time and is currently under contract for sale to a neighboring business.

TRIVIA! Question: The first band Don Felder was in, The

Continentals, included this friend of his from Gainesville who also became a famous rocker.

Hint: Crosby and Nash wouldn't have been the

same without him.

TRIVIA!

Answer: Stephen Stills

Status Letter Request

• Precision Metals Industries (PMI) expressed interest in purchasing the site to expand operations.

• The company intended to use half of the building for storage purposes and the other half for production of casings for missiles for the United States Army.

• The company had some concern over the site’s history of contamination and requested a Status Letter.

The Status Letter: 4 Issues

In January 2010, a Status/Comfort Letter was written to address concerns over the site’s status. The letter addressed four issues critical to the successful redevelopment of a Superfund site: 1)The current status of EPA's cleanup and EPA's future anticipated actions; 2)Obvious incompatibilities between the proposed reuse and EPA's cleanup and existing or potential institutional controls (ICs); 3)The Bona Fide Prospective Purchaser (BFPP) provision in Section 101 (40) of CERCLA, 42 U.S.c. Section 9601(40), and other applicable federal landowner liability protections; and 4)CERCLA Section 107(1) liens or CERCLA Section 107(r) windfall liens that may apply to the site.

The Status Letter: Issue 1 • The current status of EPA's cleanup and EPA's future

anticipated actions:

• The Site was deleted from the NPL in 2000.

• Ground water monitoring is ongoing.

• EPA requires Five-Year Reviews at the site to verify existing ground water controls. The site’s most recent Five Year Review was completed in 2005. It’s second Review is currently underway.

The Status Letter: Issue 2

• Obvious incompatibilities between the proposed reuse of the Site and EPA's cleanup and existing or potential institutional controls (ICs):

• EPA has not identified any obvious issues related to incompatibility between the proposed use of the site and the cleanup remedy, as long as the buyer complies with all ICs required for the site and provides EPA with the access necessary for performance of any work required as part of the remedy.

The Status Letter: Issue 3 • The Bona Fide Prospective Purchaser (BFPP) provision under CERCLA:

• The status/comfort letter recommended that the company acquire legal counsel to assess whether it satisfied each of the eight statutory requirements necessary to achieve bona fide prospective purchaser status and continue to meet the applicable conditions.

• Applicable conditions include two ICs restricting ground water use. • Another continuing obligation is that a BFPP must take "reasonable steps"

with respect to stopping continuing releases, preventing threatened future releases, and preventing or limiting human, environmental, or natural resources exposure to earlier releases.

The Status Letter: Issue 3 cont. Reasonable steps include:

• No public or private wells should be installed on the site for irrigation or consumption purposes until drinking water standards have been achieved. However, keep in mind that there are currently State and County requirements that apply to the installation of wells.

• Call EPA Region 4's Emergency Response Center hotline to report the discovery or release of any hazardous substances.

• Do not perform any activities or construct any structures that will or may interfere with EPA's investigation or cleanup or exacerbate contaminated conditions at the Site.

The Status Letter: Issue 4

• CERCLA Section 107(1) liens and windfall liens that may apply to the Site:

• EPA has not perfected a Superfund lien on this site and does not intend to.

• Based upon the information currently available, EPA does not intend to perfect a windfall lien on the site.

PPI Call Outcome • PMI decided not to purchase the property for other business reasons,

but is helping another interested buyer, Cadiz Realty Company, Inc. with the with the BFPP process.

• A conference call was held with the new prospective purchaser, Cadiz Realty Company, Inc., on May 3, 2010. EPA sent them a Status Letter on May 17, 2010, which was very similar to the letter issued to PMI. During the conference call, the BFPP's attorney indicated that they anticipate closing on the property within the next few weeks. Cadiz Realty Company purchased the property in June 2010 to expand their existing business that is located across the street.

• In correspondence with EPA Region 4, the President of PMI stated, “I wanted to thank you for all your positive help that you provided through this process. It is nice to see when a government facility operates efficiently.”

Bill Denman EPA Region 4

(404) 562-8939 denman.bill@epa.gov

Superfund Redevelopment Initiative website: http://www.epa.gov/superfund/programs/recycle

Region 4 Superfund Program website:

http://www.epa.gov/region4/waste/sf/sri/info/index.htm

mailto:denman.bill@epa.govhttp://www.epa.gov/superfund/programs/recyclehttp://www.epa.gov/region4/waste/sf/sri/info/index.htm

Structure BookmarksThis map for the Arlington Blending & Packaging site was augmented for the RfR determination, but almost all of the other information was obtained from the Five-Year Review.