Brownfield Program in California Weixing Tong, Ph.D. P.G., C.H.G., C.E.G. California Regional Water Quality Control Board Los Angeles Region
Brownfield Definition Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
Laws & Statutes On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act ("the Brownfields Law"). The Brownfields Law amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) by providing funds to assess and clean up brownfields; clarified CERCLA liability protections; and provided funds to enhance state and tribal response programs.
Laws & Statutes (cont.) Small Business Liability Relief and Brownfields Revitalization Act Other related laws includes CERCLA, Resource Conservation and Recovery Act (RCRA), Community Reinvestment Act (CRA), Superfund Amendments and Reauthorization Act (SARA).
Brownfields in California 90,000 properties in California that remain idle or underutilized because of real or perceived environmental contamination Within Cal/EPA, the Department of Toxic Substances Control (DTSC), the State Water Resources Control Board (Water Board) and Regional Water Quality Control Boards (Regional Boards) are charged with cleaning up the broad universe of all contaminated properties throughout the state.
Department of Toxic Substances Control (DTSC) DTSC's Statewide Cleanup Operations Division conducts and oversees cleanup on an average of 220 of these sites at any given time. The division has 124 staff members to coordinate all aspects of the cleanup from investigation through certification An average of 125 cleanups are completed each year
DTSC (cont.) DTSC developed several policies: Prospective Purchaser Agreements Private Site Management Program Property Over Contaminated Groundwater Partial Site Cleanup Military Facilities Office of Military Facilities oversees the investigation and cleanup of contaminated California properties currently or previously owned and operated by the various branches within the federal Department of Defense (29 major bases closed in CA).
State & Regional Water Boards Polanco Redevelopment Act - part of the Community Redevelopment Act, was enacted to assist redevelopment agencies in responding to brownfield properties in their redevelopment areas State UST Cleanup Fund California s Orphan Site Cleanup Account Program The OSCA Program was created to provide grants to clean up brownfield sites contaminated by petroleum USTs where there is no financially responsible party to pay for response actions at the site ($10 millions per year)
State UST Cleanup Fund A reimbursement fund, must claim after spending Administrated by State Board, not by the Regional Boards Funding from gasoline tax (1.6 cents per gallon) The Fund currently generates about $230 to $250 millions per year All eligible sites are classified into A, B, C, D priority based on company size Maximum reimbursable expense is $1.5 millions per site Cover only soil and groundwater cleanup
California State UST Cleanup Fund Fund started in 1990 Fund for average site: $100,000 Deductible: individual: none corporation (with asset < $500,000): $5,000 corporation (with asset > $500,000): $10,000 43 states have UST Cleanup Fund Fund sunsets in 2011?
State & Regional Water Boards Regional Water Boards are responsible to make decisions regarding cleanup and abatement goals and objectives for the protection of water quality and the beneficial uses of waters of the state within each Region Criteria includes: (1) site-specific characteristics; (2) applicable state and federal statutes and regulations; (3) applicable water quality control plans; (4) State Water Board and Regional Water Board policies; (5) relevant standards, criteria, and advisories
Regional Water Board Groundwater Cleanup Programs Underground Storage Tank (UST) Program Well Investigation Program (Superfund) Above Ground Tank (AGT) Program Department of Defense (DoD) Program Spills, Leaks, Investigations, and Cleanups (SLIC) Program/Brownfields
Regional Board SLIC Program This program covers all types of pollutants (e.g. solvents, petroleum fuels, and heavy metals) and all media (soil, surface water, and groundwater). Brownfield projects
Examples: Los Angeles Brownfields Staples Center
Hollywood Kodak Theater
The Cathedral of Our Lady of the Angeles
Department of Toxic Substances Control
UST Program Petroleum hydrocarbon UST cases Do not include other UST cases, i.e., solvent tank, above-ground storage tank cases Regional Board Lead Cases Local Oversight Program (LOP) and Local Investigation Agency (LIA) Cases
Salt Types of Pollution Volatile Organic Compounds Semi-Volatile Organic Compounds Metals Petroleum Polychlorinated Biphenyl (PCB) Perchlorate Acids Dioxin Pesticides/Herbicides
Sources of Pollution Underground Storage Tank - gas station Above Ground Tank - refinery and tank farm Oil Pipeline Industrial Facilities - metal plating Dry Cleaner - clarifier and pipeline Spills
Water Board Regulations for Investigations and Cleanups Porter - Cologne Water Quality Control Act (California Water Code) Los Angeles Region -Water Quality Control Plan (Basin Plan) Health and Safety Code California Code of Regulations (CCR) Title 22 CCR Title 23
Guidelines for Investigation and Cleanup Water Quality Goals (Region 5- August 2000) Designated Level Methodology (DLM) for Waste Classification and Cleanup Level Determination (Region 5 - Oct. 1986, updated June 1989) Interim Site Assessment and Cleanup Guidebook (Region 4 - May 1996) Risk-based Screening Levels and Decisions Making to Sites with Impacted Soil and Groundwater (Region 2 - August 2000) Web Site - www.waterboards.ca.gov
Soil and Groundwater Cleanup Levels Human Health Protection - USEPA Region IX Preliminary Remedial Goals (PRG), California Human Health Screening Levels (CHHSL) or site specific risk assessment Groundwater Resource Protection - the most stringent standards for Beneficial Uses
Conceptual model for RBCA
New Regulations related to Indoor Air Intrusion 2001 California Land Environmental Restoration and Reuse Act (CLERRA) California Human Health Screening Levels (CHHSLs) www.oehha.ca.gov/risk/pdf/screenreport010405.pdf AB 422 effective 1/1/2008 amend section 25356.1 of the Health and Safety Code and add section 13304.2 to the Water Code
Vapor Intrusion Issues Potential volatile organic compounds (VOC) vapor intrusion into indoor air Higher risks than those traditionally considered due to inhalation Higher frequency of vapor intrusion exposures
Conceptual Diagram of Groundwater Contamination Department of Toxic Substances Control
Soil Gas Investigation RWQCB/DTSC Advisory: Active Soil Gas Investigations, January 2003 Number of Sample Locations Site history Two depths per sample location Typically 5- and 15-feet bgs Step-out/step-down sampling Shallow groundwater Grab groundwater sample Monitoring wells
Indoor Air Sampling Department of Toxic Substances Control
Indoor Suma Canister and Duplicate for Indoor Air Sampling
Outdoor Suma Canister for Ambient Air Sampling
Soil Remedial Technologies Source removal Vapor Extraction System Excavation Fixation Capping Bioremediation Thermal Destruction Phytoremediation
Groundwater Remedial Technologies Product Recovery Pump and Treat Air Sparging/Vapor Extraction System Bioremediation Thermal Destruction Sorption In-situ oxidation In-situ enhanced bioremediation Phytoremediation
Thank You Web site: www.waterboards.ca.gov Email: wtong@waterboards.ca.gov