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