PCPG. Act 2 Toolkit: An Overview (and Dive Into) Pennsylvania s Land Recycling Program. Program Outline

Transcription

1 PCPG Pennsylvania Council of Professional Geologists 116 Forest Drive Camp Hill, PA Phone (717) pcpg.org Act 2 Toolkit: An Overview (and Dive Into) Pennsylvania s Land Recycling Program Malvern, PA Program Outline 7:30 8:00 Registration & Morning Refreshments 8:00 8:15 Welcome and Opening Remarks Donald R. Wagner, P.G. (Stevens & Lee) Agenda, Goals, and Schedule 8:15 8:30 Act 2 Program DEP Introductions Stephan Sinding, Environmental Program Manager (DEP SERO) DEP Staff Introductions and Roles with the Act 2 Program Regional Office Organizational Chart Working together with Pennsylvania Stakeholders 8:30 9:00 A Brief History Why Act 2 (or, how clean does it have to be)? Donald R. Wagner, P.G. (Stevens & Lee) Pre-Act 2 o no enforceable standards except some for GW o Projects were either clean to background, how clean is clean, or NFAs left clients hanging o Resulted in reluctance to buy or sell property because risk and cost unknown. Policy behind Act 2 Voluntary Predictable Cleanups (consistency, process, standards) Risk Based Standards, Remediator s Choice Liability Protection / What is liability protection anyway? o No more DEP hassles but yes for offsite liability o Only good for the SITE (define in Act 2 context) o Reopeners o 3 rd party liability protection? No. A very good reason to do a thorough investigation and get a meaningful release. Sound Land Use/Reuse/Preservation -continued-

2 -2-9:00 9:30 Do You Should You or Can t You Act 2? Panel Discussion: Walter J. Payne//Donald R. Wagner Final End Use: Industrial/Commercial/Residential/Agricultural Regulatory vs. Transactional Voluntary vs. Not so Voluntary (spill clean ups) Regulated Storage Tanks (Process vs. Standards) CERCLA, HSCA, RCRA, TSCA Oil and Gas 9:30 10:15 The Practical Act 2 (Process/Administration) Walter J. Payne, PG, ECB Section Chief (DEP SERO) NIR Public Notice/Participation Remedial Investigation Cleanup Plan Risk Assessment Final Report Environmental Covenant Act 2 - Interface with Oil and Gas site remediation 10:15 10:30 Break 10:30 11:00 The Conceptual Act 2 (Blood,Sweat and Tears) Panel - Walter J. Payne//Donald R. Wagner Source(s) Receptors Pathways Conceptual Site Model Client Risk Profile/Limitations o What is important to the client o How do you get Act 2 signoff? o Cost/schedule/clean closure Remediation or Mitigation? Post-Remedial Care Obligations Standard Selection (level of effort varies) 11:00-12:00 Nuts and Bolts of Act 2 Statewide Health Standard Selecting MSCs Soil Buffer Distance SPLP Equivalency Selecting MSCs Groundwater Used or Nonuse Aquifer Ecological Risk Assessment Vapor Intrusion -continued-

3 -3-12:00 12:45 Lunch (Atrium) 12:45-1:45 Nuts and Bolts of Act 2 Site Specific Standard Pathway elimination versus numerical standard Soil Groundwater Ecological Risk Assessment Vapor Intrusion Risk Assessment, if necessary Activity and Use Limitations/Post Remedial Care 1:45 2:00 Nuts and Bolts of Act 2 Special Industrial Areas (SIA) Eligibility Baseline Remedial Investigation Work plan Baseline Remedial Investigation Cleanup Obligations SIA Consent Order and Agreement 2:00 2:15 Break 2:15-3:00 Nuts and Bolts of Act 2 Background Standard Establishing Background (soil and/or groundwater) 3:00 4:00 Case Studies Let s Put it to Use (with Audience Participation) Louis F. Vittorio, Jr., P.G. (EarthRes Group, Inc.) Betsy Schamberger, P.G. (Moonstone Environmental) 4:00 4:30 Act 2 Update Troy Conrad, Program Manager (PA DEP) Revisions to Chapter 250 and MSC Tables TGM Update Vapor Intrusion Update 4:30 5:00 Question & Answers/Open Discussion 5:00 Adjournment & Pick-Up Certificate of Attendance 5:00 6:30 Networking Mixer (The Office, 1021 Morehall Rd., Malvern, PA)

4 PCPG Pennsylvania Council of Professional Geologists 116 Forest Drive Camp Hill, PA Phone (717) pcpg.org Act 2 Toolkit: An Overview (and Dive Into) Pennsylvania s Land Recycling Program Malvern, PA About our Presenters Troy Conrad, Program Manager (PA DEP) - Troy Conrad is the manager of the Department of Environmental Protection s Land Recycling Program (Act 2). He is responsible for promoting the cleanup and reuse of contaminated properties, overseeing the development and implementation of the Department s risk-based remediation standards and coordinating the Department s long-term stewardship program. Prior to his current position, Mr. Conrad served in the Department s Environmental Cleanup, Water Quality Management; and Waterways and Wetlands Protection programs. He holds a Bachelor's Degree in GeoEnvironmental Studies and a Master of Public Administration from Shippensburg University. Walter J. Payne, PG, ECB Section Chief (PA DEP) - Walter Payne graduated from Susquehanna University with a BA in Geological Sciences and has been an employee of the Pennsylvania DEP for 22 years. He became a Licensed Professional Geologist in 2001, and since 2007 serves as the Environmental Cleanup and Brownfields (ECB) Section Chief where he supervises 8 Project Officers working on Act 2, HSCA, Tank, and EPA MOA sites within the Southeast Region. Act 2 decisions often involve coordination with Solid Waste, Clean Water, and Air Quality work groups on overlapping issues at Brownfield sites. Elizabeth (Betsy) Schamberger, P.G. (Moonstone Environmental) - Betsy is the founder and President of Moonstone Environmental, LLC, an environmental consulting firm located in Allentown, PA. She is a licensed Professional Geologist and a certified Asbestos Building Inspector with over 15 years of experience working in the environmental industry. The majority of her work as an environmental consultant has been associated with Pennsylvania s Land Recycling Program (Act 2) and the USEPA s Brownfields Assessment Grant program. She holds a B.A. in Geology from Princeton University, and M.S. degrees in Hydrogeology and Geochemistry from Montana Tech of the University of Montana. Her technical experience includes Phase I/Phase II Environmental Site Assessments (ESAs), site remediation, groundwater modeling, hydrogeological investigations (including well installations, long-term pumping tests, slug tests, and fate and transport modeling), geological investigations (including mapping, sampling, and laboratory analysis of rock and mineral samples), and mine waste management (primarily liner and cap design). - Environmental Chemist (Retired) - Jim began his career with the PA Department of Environmental Protection after working for 11 years in the environmental assessment department of a consulting engineering firm. He started in the Bureau of Waste Management's natural gas pipeline program in the investigation and remediation of natural gas transmission facilities across the Commonwealth. With the passage of Act 2 he participated in the creation of the Land Recycling Program as a member of the team that developed the regulations for the administration of the program. In addition he coordinated the development of the Technical Guidance Manual. He was responsible for the creation and maintenance of the list of numerical Statewide health standards and was the Department's primary contact for questions relating to the use of that standard. He graduated from the University of Pittsburgh with a Bachelor of Science degree in Biology with a minor in Chemistry.

5 About our Presenters Page Two Stephan Sinding, ECB Program Manager (PA DEP) - Steve Sinding is the manager of the Department of Environmental Protection s Environmental Cleanup and Brownfields program in the Southeast Regional Office. He is responsible for overseeing the cleanup and reuse of contaminated properties, the proper operation and maintenance of storage tanks and the implementation of the Hazardous Sites Cleanup Program (HSCA). Before becoming the ECB Program Manager, Steve served in the Department s Storage Tank and the Clean Water Programs (Water Quality Management). He holds a Bachelor's Degree in Environmental Resource Management from the Pennsylvania State University. Louis F. Vittorio, Jr., P.G. (EarthRes Group, Inc.) - Mr. Vittorio is the Vice President and Principal Hydrogeologist at EarthRes Group, Inc. and has more than twenty-eight years of experience in the industry. Mr. Vittorio received his B.S. Degree in Geology/Geophysics from the University of Pittsburgh in 1984 and his M.S. Degree in Geology from Lehigh University in He is the Immediate Past President and current Executive Board Member with the Pennsylvania Council of Professional Geologists (PCPG). In this capacity, Mr. Vittorio has developed, taught and moderated courses on hydrogeology, environmental sampling, karst, ethics, and the environmental aspects of shale gas development. Mr. Vittorio's education and experience have enabled him to integrate geological, hydrogeological, and geophysical investigations targeted at assessment and remediation of soil and groundwater. His specialty areas include aquifer testing, analysis and modeling; water resource use and permitting. Mr. Vittorio is recognized as an expert in his field having been qualified in front of the PA Environmental Hearing Board, the USTIF Administrative Hearing Board, County Civil Court and in local municipal hearings. Don Wagner, PG, Attorney (Stevens & Lee) - A former consulting geologist, Don has 25 years of experience providing professional environmental services to commercial, industrial and manufacturing clients, developers, municipalities and economic development agencies. In addition to being a lawyer, Don is a Pennsylvania-licensed professional geologist and concentrates his practice on the various environmental issues associated with a wide variety of industries, including the increasingly important domestic natural gas industry and its development of unconventional shale gas plays, such as the Marcellus and Utica Shales, and related natural gas gathering, processing, transportation and other infrastructure projects. Using his considerable expertise and technical background, Don remains current on rapidly evolving legal issues affecting the natural gas industry, counsels clients on state voluntary cleanup programs and assists them in formulating and implementing cost-effective cleanup strategies. He also advises clients in the due diligence process, identifying, evaluating and allocating environmental risks associated with corporate M&A and real estate transactions and in negotiating and obtaining environmental insurance coverage to facilitate deals. With respect to Brownfields development, Don assists municipal entities, economic development agencies and private developers to obtain financial incentives, conduct due diligence, procure environmental insurance coverage and formulate and implement cleanup plans to achieve the liability protection necessary to acquire blighted property for redevelopment purposes. Don is also a Pennsylvania licensed property and casualty insurance producer, is a member of Pennsylvania's Cleanup Standards Scientific Advisory Board and serves on the Board of Directors of the Pennsylvania Counsel of Professional Geologists and Chairs its Governmental Affairs Committee.