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EQM awarded $45 million remediation contract by USACE

Environmental Quality Management Inc. (EQM, Cincinnati, Ohio) has been awarded a $45 million cost-plus-fixed-fee contract by the U.S. Army Corps of Engineers, New England District for environmental remediation services at the Callahan Mine site in Maine. The first Task Order will be issued in June for over $6 million.

The former Callahan Mine site was an open-pit mine developed in Goose Pond, a shallow tidal estuary of approximately 75 acres in the town of Brooksville, Maine.  From 1968 through 1972, approximately five million tons of waste rock and 800,000 tons of ore-bearing rock were mined from the open pit.  The waste rock was disposed of on site in three large piles and was also utilized to create a dam for the tailings impoundment.   In summary, the major work elements are remediation of the tailings impoundment; remediation of waste rock pile #3; slope stabilization of the tailings impoundment; consolidation and capping of the tailings impoundment; sediment excavation and disposal in a confined aquatic disposal cell; remediation of residual contamination at waste rock pile #2 and the ore processing area; and site restoration, mitigation, and monitoring.

Tax rebate to fund $8.6M cleanup of former Kitchener Frame site

by Catherine Thompson, Waterloo Region Record

As reported by Catherine Thompson in the Waterloo Region Record, It’ll cost about $8.6 million to rid the soil and groundwater of contaminants at the former Kitchener, Ontario Frame site.

The huge industrial site at Homer Watson Boulevard and Bleams Road has been undergoing cleanup for the past three years. The soil and groundwater were contaminated with petroleum hydrocarbons, volatile organic compounds, metals, polychlorinated biphenyls (PCBs) and polycyclic aromatic hydrocarbons (PAHs), contaminants that are often found at former industrial sites.

The former Kitchener Frame Site (Photo Credit: Philip Walker/Record staff)

The city and the developers — Gary Ball and Marty Pathak — are keen to see the site redeveloped, said Rob Morgan, the City of Kitchener’s co-ordinator of development of former industrial sites. The site of the auto parts plant variously known as Budd Canada, ThyssenKrupp Budd Canada and Kitchener Frame, has been vacant since 2009.

Redevelopment of the sprawling 32-hectare site will give a big boost to the city’s supply of industrial land, Morgan said. About 16 hectares are slated industrial, 10 hectares are retail and 1.5 hectares are office. Another four hectares will be used for things like roads and storm water management.

“It’s much-needed land,” Morgan said. “Kitchener doesn’t have a lot of vacant industrial land left to offer.” There’s a couple of parcels, on Shirley Avenue and Strasburg Road, but not much else, he said.

The developers have applied to the city and region for grants under a program to encourage remediation of contaminated land.

The former Kitchener Frame site would be the biggest property ever to apply for the program, Morgan said.

Under the program, a developer cleans up a site and redevelops it. The new development generates far more taxes than the vacant land had. The city and region hand over the additional tax revenue to the developer for a set number of years, to repay the cost of the environmental cleanup.

The site now has an assessed value of $8 million, and generates about $108,000 in property taxes a year, split roughly 40-60 between the city and the Region of Waterloo. Once it’s cleaned up and redeveloped, it’s expected to have an assessed value of around $112 million, and generate $2.2 million in municipal property taxes.

“It’s a great program,” Morgan said. In exchange for foregoing the increased taxes for a certain number of years, the city gets vacant land cleaned up and converted to a productive use that generates more taxes and jobs.

“These lands are sitting dormant, contaminated, sometimes for many years. As a resident I’d rather see it cleaned up and earning money for the tax base.”

The Kitchener Frame site will be split into 11 different parcels from 1.3 to 10 hectares. Kitchener doesn’t expect to see the first new development on the site until about 2020, and development could continue for the next 10 or 15 years beyond that.

Morgan thinks it’s likely the property will be developed well before then, though. “They’ve got a lot of interest in that property. It’s a great location, because of its proximity to the 401; you’ve got a lot of variety in the lots; Kitchener has a strong manufacturing base, and we’ve got a lot of skilled workers.”

City staff are recommending that Kitchener council approve the application, which must also be approved by regional council, likely in June.

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About the Author

Catherine Thompson covers Kitchener City Hall for the Waterloo Region Record.

Controlling cleanup costs for contaminated land

by Dr. Harm Gross, Western Investor

As reported by Dr. Harm Gross in the Western Investor, in British Columbia, the cost of contaminated site cleanup has grown steadily since the Contaminated Site Regulation became law on April 1, 1997. There are several reasons for this change, some of which are under the control of “persons responsible”, chiefly landowners.

An uncontrollable cost factor is the proliferation of regulations, which ballooned to an estimated 10,000 double-sided pages in British Columbia. On November 1, 2017, Stage 10 omnibus amendments to the CSR came into effect, changing concentrations deemed harmful for a broad range of contaminants and adding a significant number of new ones. This meant that work before that date would become non-compliant overnight, causing environmental consulting companies to rush over 100 submissions for a Certificate of Compliance before this deadline to grandfather their work and avoid additional costs for their clients.

Regulations pertaining to contaminated sites are not just evolving in British Columbia, but have seen substantial updates across Canada in recent years.

Saskatchewan’s updated Environmental Management and Protection Act came into effect in June 2015. This legislation thoroughly overhauled the old Act by introducing a new impacted sites registry and by providing the regulator with more power to order persons responsible to conduct site assessments.

New guidelines were also introduced in Alberta, where the regulator released a new Environmental Site Assessment Standard in March 2016.

Manitoba enacted amendments to the Province’s Contaminated Sites Remediation Regulation in April 2014. While the intended aim of these new regulations and guidelines is to move the focus towards results-based frameworks, any change and expansion of rules inevitably leads to uncertainty for stakeholders. Uncertainty particularly stems from the need of establishing precedent with the regulator when the new rules are applied in the real world. It is up to the consultant to successfully navigate their clients through the new reality and reduce uncertainty. The consultant’s knowledge of the regulations, and proficiency in correctly interpreting and applying new rules, can have significant impacts on the accuracy of cost estimates and actual costs for site assessments and remedial work.

Former bulk fuel storage leak, North Vancouver, BC

With regulations in flux and frequent changes in rules, the potential for lowering and accurately predicting costs for site remediation projects is thus of great interest to responsible persons. The potential savings by inviting an experienced review of proposed remediation plans can be significant. At one site the savings for a client was $15 million; more commonly, savings are in the 6-figure or low 7-figure range. Incorrect investigative work is the most frequent source of error. This ranges from faulty field techniques when sampling groundwater wells, through unfamiliarity with laboratory methods for distinguishing man-made from naturally occurring substances, to inadequate comprehension of the myriad environmental regulations. Investigating contaminants requires great care when the difference between contamination and no contamination is measured at the extremely low concentrations of parts per million in soil, or the even lower concentrations of parts per billion in water. We have seen numerous examples where mistakes have tarred a site.

The public sector is no less prone to erroneous estimations of remediation cost. In April 2014, the parliamentary budget officer reported that the federal government has underestimated the cost of cleaning up contaminated sites under its jurisdiction by at least $2 billion, putting the total liability for contaminated sites to almost $7 billion. This was due to the fact that many sites in the inventory had yet to be assessed. While it seems relatively self-evident that proper site investigations are a prerequisite and absolute must for cost estimates to be accurate, such oversights are unfortunately abundant in the private sector. All too often consultants provide flimsy cost estimates based on incomplete or deficient investigative data.

Businesspeople frequently complain about the irritation of unreliable cost estimates, and rightfully so – nowhere is this more prevalent than in the environmental consulting industry.

Technical experts are often loathe to accept responsibility for cost estimates for fear of finding undiscovered contamination, running into regulatory snafus or overlooking issues which later prove substantial.

Next Environmental has taken the unprecedented step of providing fixed price quotes for a comprehensive scope of work at each step of investigation or remediation, thus entirely eliminating the cost uncertainties for clients. This service, unique in the contaminated sites business, is possible due to the skillful application of regulatory proficiency to address the business needs of clients. Time will tell whether this cost control measure spreads to other firms.

This article was originally published in Western Investor.

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About the Author

Dr. Harm Gross is the owner and President NEXT Environmental Inc.  He is currently a Registered Professional Biologist (R.P.Bio) and an Approved Professional of the Contaminated Sites Approved Professionals Society (CSAP Society), and has a wealth of experience obtaining Ministry Instruments and other environmental certifications for NEXT’s Clients. NEXT provides environmental consulting services including investigation, remediation and risk assessment of contaminated property for clients throughout BC and Alberta.

 

Clean-up of Radioactive Material in Port Hope Finally Underway

After decades of study and planning, the clean-up or radioactive contamination in the community of Port Hope, Ontario is finally underway.  The Town of Port Hope, located approximately 100 km (60 miles) east on Toronto on Lake Ontario, has an estimated 1.2 million cubic metres (1.5 million cubic yards) of historic low-level radioactive waste scattered at various sites throughout the town.

The contaminated soil and material will be excavated to moved to the LongTerm Waste Management Facility, which is essentially an engineered aboveground landfill where the waste will be safely contained, and the long-term monitoring and maintenance of the new waste management facility.

Other historic low-level radioactive waste – primarily soil contaminated with residue ore from the former radium and uranium refining activities of Eldorado Nuclear — and specified industrial waste from various sites in urban Port Hope will be removed and safely transported to the new facility.

The historic low-level radioactive waste and contaminated soil, located at various sites in the Municipality of
Port Hope, are a consequence of past practices involving the refining of radium and uranium by a former federal Crown Corporation, Eldorado Nuclear Limited, and its private-sector predecessors. These waste materials contain radium-226, uranium, arsenic and other contaminants resulting from the refining process.

The historic waste and surrounding environment are monitored and inspected regularly to ensure the waste does not pose a risk to health or the environment. As part of the Port Hope Area Initiative (PHAI) construction and clean-up phase, the waste will be excavated and relocated to the new Port Hope long-term waste management facility.

In an interview with CBC, Scott Parnell is the General Manager of the Port Hope Area Initiative, which is in charge of the cleanup. He says that after decades of planning, the first loads of an estimated 1.2 million cubic metres of historic low-level radioactive waste will be on the move.

Scott Parnell, general manager of the Port Hope Area Initiative, stands near the town’s harbour.

“There’s been a lot of planning a lot of studies a lot of determination into how to approach the work safely, but this will be the first time we will be removing waste from the community,” said Parnell, who has overseen similar operations in Washington state and Alaska.

The $1.28-billion cleanup operation is a recognition by the federal government that the waste is its “environmental liability.” The radioactive tailings were the byproduct of uranium and radium refining operations run by Eldorado, a former Crown corporation, between 1933 and 1988.

Parnell says that the tailings were given away for free, which helps explain how the contamination was spread through the town.

“So, basically they offered it up and it was used for fill material to level up people’s backyards, for building foundations, for those kinds of things. So, that’s how the material got spread around the community,” Parnell said.

Parnell says an estimated 800 properties may be affected, but says there’s no indication the low levels of radiation are dangerous.

“There’s little human risk associated with the waste that’s identified here in Port Hope,” he said.

The first wastes to be remediated are currently stored under tarps at three locations including the Centre Pier, the Pine Street North Extension in the Highland Drive Landfill area and at the municipal sewage treatment plant. The Centre Pier is the first site to be remediated.

Aerial image of the first locations to be remediated. (source: Canadian Nuclear Laboratories)

 

 

Mining company working with environmentalists to clean up old mining sites

As reported by the CBC, Calgary-based mining company Margaux Resources has announced a plan to clean up old tailings sites by using new mining technologies to extract the remaining minerals.

Tailings have long been known to cause environmental damage including loss of animal habitats and contamination of soil, groundwater and waterways.

Margaux has partnered with the Salmo Watershed Sreamkeepers Society — a non-profit engaged in protecting and maintaining the Salmo River in southeastern B.C.— for the remediation project.

“What we have here is an industry leader that is sympathetic and realizes the situation that historic mining efforts have left,” said Gerry Nellestijn, the coordinator of the Salmo Watershed Streamkeepers Society.

Margaux president and CEO Tyler Rice says the benefits are two-fold as the company hopes to profit from the extractions made.

“When this material was mined historically, they didn’t have 100-percent recovery of the elements … with advancements of technology we feel there is an opportunity to potentially extract the materials that weren’t fully recovered,” Rice said.

The first site scheduled for extraction and remediation is the Jersey-Emerald mine, located just outside of Salmo B.C., and once a large producer of tungsten.

Aerial view of the Jersey-Emerald tungsten tailings pile

Margaux has submitted an application to both the Ministry of Environment and the Ministry of Energy and Mines to take a bulk sample from the Jersey-Emerald site to, “assess the viability of remediating the tailings site and the potential to economically produce a marketable mineral concentrate,” according to a news release issued earlier this month.

Rice admits the site will likely not be fully remediated for a couple of years.

Meanwhile, the Salmo Watershed Society says there are over 40 tailings sites in the area and they are working to assess them.

“It’s an approach to actually go out there and assess tailings, size them, try to figure out what the pollution pathways may be, what the constituents of that tailing might be and look for remediation efforts that would be easy to implement,” said Nellestijn.

And both partners seem to be happy with the current government’s responsiveness to their project.

“We have a strong government that may very well be interested in participating with this kind of movement — it’s been a long time coming,” Nellestijn said.

Proposed U.S. Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

The Trump Administration released its ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites.  On the same day, the Administration released its proposed budget for Fiscal Year (FY) 2019, which called for a 23 percent cut from FY 2018 levels in the U.S. Environmental Protection Agency’s (U.S. EPA) budget.  The U.S. EPA also released its final Strategic Plan for 2018-2022, emphasizing a focus upon the agency’s core mission, cooperative federalism and the rule of law.  What does all of this mean for the redevelopment of contaminated sites in the United States?

Infrastructure Plan

 Financial Incentives

The infrastructure program would establish an Incentives Program that could be very beneficial for state and local reuse of contaminated sites.  Up to $100 billion would be set aside for the Incentives Program, which would fund a wide range of projects, including brownfields and Superfund sites, stormwater facilities, wastewater facilities, flood control, water supply, drinking water supply and transportation facilities.  The funds would be divided among the U.S. Department of Transportation (U.S. DOT), the U.S. Army Corps of Engineers and the U.S. EPA.  The infrastructure plan suggests criteria by which applications would be evaluated, with substantial weight (70 percent) being given to obtaining commitments for non-federal revenue for sustainable, long-term funding for infrastructure investments and for operations, maintenance and rehabilitation. In order to motivate performance, the grant recipient would need to enter into an infrastructures incentives agreement with the lead federal agency and to agree to achieve progress milestones. If the milestones are incomplete after two years, the agreement will be voided unless there is good cause to extend the agreement for another year. No individual state could receive more than 10 percent of the total amount available under the Incentives Program.

Additional funds would be set aside for a Rural Infrastructure Program, including funds for brownfields and land revitalization as well as stormwater and wastewater facilities, drinking water, flood risk management and water supply.  States would be required to develop a comprehensive rural infrastructure investment plan (RIIP). Some funds would also be provided for tribal infrastructure and the infrastructure needs of U.S. territories.

Superfund, Brownfield, and RCRA Sites in the U.S. (U.S. EPA, 2013)

Yet another category of funds would be set aside for the Transformative Projects Program – projects that are likely to be commercially viable but have unique technical and risk characteristics that might deter private sector investment.  Projects that could be covered by this program could fall within commercial space, transportation, clean water, drinking water, energy or broadband.  A total of $20 billion would initially be set aside for this program, with the U.S. Department of Commerce chairing the program.  Funds could be used for demonstration, project planning, capital construction, or all three.  If a project receives financial assistance for capital construction, it would be expected to enter into a value share agreement with the federal government and would be required to publish performance information upon achieving milestones and finishing the project.

The federal government would also dedicate $20 billion from existing federal credit programs, and broaden the use of Private Activity Bonds, to assist complex infrastructure projects. These sources of funding would include: the Transportation Infrastructure Finance and Innovation Act (TIFIA); Railroad Rehabilitation and Improvement Financing (RRIF); Water Infrastructure Finance and Innovation Act (WIFIA); Rural Utility Service (RUS) lending; and Private Activity Bonds (PABs).

The Administration would amend TIFIA to make loans and credit assistance available for other types of projects – such as passenger terminals, runways and related facilities at non-federal waterways and ports as well as airport projects – until FY 2028.  Similarly, the Administration is proposing to amend RRIF to cover the credit risk premium for short-line freight and passenger rail project sponsors, thereby incentivizing more project sponsors to apply for RRIF credit assistance.  It would also like to amend WIFIA (33 U.S.C. 3905) to include flood mitigation, navigation and water supply, and to eliminate the requirement that borrowers be community water supply systems.  The Administration would like to make WIFIA funds available for remediation of water quality contamination by non-liable parties.  It would remove the current spending limit of $3.2 billion, which was put in place when WIFIA was a pilot program, and would amend the restriction upon using WIFIA funds to reimburse costs incurred prior to loan closing.

Liability Relief

The Administration proposes establishing a Superfund Revolving Loan Fund and Grant Program and authorizing sites that are on the National Priorities List (NPL) to be eligible for brownfields grants.  It would amend the Small Business Liability Relief and Brownfields Revitalization Act in order to do so. This would allow non-liable parties to tap into a low-interest source of funds to perform removals, remedial design, remedial action and long-term stewardship.  The program would be targeted toward portions of NPL sites that were not related to the response action; to portions that could be parceled out from the response action site; to areas where the response action was complete but the site had not yet been delisted; or to areas where the response action was complete but the facility was still subject to a consent order or decree.

The Administration would also propose additional liability protections to states and municipalities acquiring contaminated properties in their capacity as sovereign governments by clarifying and expanding the current liability protections in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 101(20)(D).  These governmental entities would be eligible for grants and would be protected from liability, so long as they meet the obligations imposed upon bona fide prospective purchasers (BFPPs), including exercising appropriate care with regard to releases, so long as they did not contribute to the contamination.

The Administration would also give EPA express authority to enter into administrative settlement agreements with BFPPs or other third parties who wish to clean up and reuse contaminated Superfund sites.  This could include partial and early remedial actions.

The Administration’s infrastructure proposal would encourage greater flexibility in funding and execution requirements, as infrastructure needs should be integrated into cleanup design and implementation. Better integration would allow third-party financing and promote site reuse.

Expedited Permitting

The Administration proposed a “one agency, one decision” environmental review structure, in which a single federal lead agency would complete the environmental review within 21 months and issue either a Finding of No Significant Impact (FONSI) or Record of Decision (ROD).  The lead agency would then have another three months to issue any necessary permits, including state permits issued under federal law pursuant to a delegation of authority.  The agency would not be required to evaluate alternatives outside the scope of the agency’s authority or the applicant’s capability.

The Council on Environmental Quality (CEQ) would be directed to revise its regulations to streamline the National Environmental Policy Act (NEPA) process to increase the efficiency, predictability and transparency of environmental reviews.  The Administration would eliminate what it considers to be duplicative reviews by EPA under Section 309 of the Clean Air Act.  It would also encourage each federal agency to increase its use of categorical exclusions (CEs) and would allow any federal agency to use a CE established by another federal agency without undergoing the CE substantiation and approval process.

The Administration would also recommend amending the law to allow federal agencies to accept funds from non-federal entities to support review of permit applications and other environmental documents to expedite project delivery and defray costs.

The Administration would also make changes under the Clean Water Act to eliminate redundancy and duplication. For example, it would allow federal agencies to select nationwide permits without the need for additional Army Corps review. It would authorize the Secretary of the Army to make jurisdictional determinations under the Clean Water Act and would eliminate EPA’s ability to veto a Section 404 permit under Section 404(c). It would allow the same document to be used for actions under Sections 404 and 408 of the Clean Water Act.  The Administration would lengthen the term of a National Pollutant Discharge Elimination System (NPDES) permit from five years to 15 years and provide for automatic renewals.

Similar changes would be made under the Clean Air Act. For example, the Administration would amend the Clean Air Act so that state departments of transportation (state DOTs) and metropolitan planning organizations (MPOs) would need only to demonstrate conformity to the latest National Ambient Air Quality Standards (NAAQS), rather than to old and new standards for the same pollutant. Similarly, MPOs would be allowed to demonstrate conformity in a newly designated non-attainment area within one year after EPA has determined that the emissions budget is adequate for conformity purposes.

The Administration proposes eliminating overlapping Section 4(f) review by the U.S. Department of the Interior, U.S. Department of Agriculture and U.S. Department of Housing and Urban Development before the DOT can be authorized to use parklands or historic sites unless there is no prudent or feasible alternative. This process can add an extra 60 days to the project development review process, even when those agencies have little direct involvement in the project. Another layer of review is required under Section 106 of the National Historic Protection Act (NHPA) for historic properties that is not aided by the Fixing America’s Surface Transportation (FAST) Act. The Administration recommends that an action taken under a Section 106 agreement should not be considered a “use” under Section 4(f), therefore eliminating some duplication and delay.

The Administration would expand the NEPA assignment program to allow DOT to assign, and states to assume, a broader range of NEPA responsibilities, including project-level transportation level conformity determinations as well as determinations regarding flood plain protections and noise policies to make the NEPA assignment program more efficient.

Also proposed by the Administration is a pilot program with up to 10 pilot sites that would be expected to meet performance standards and enhanced mitigation, in lieu of complying with NEPA and relevant permits or other authorizations.

The Administration also proposed judicial reforms, including limiting injunctive relief to exceptional circumstances and revising the statute of limitations to 150 days (rather than a statute of limitations of up to six years).

Proposed Budget

The Administration also released its “Efficient, Effective, Accountable: An American Budget” on Feb. 12, 2018, in which it proposed a 23 percent cut in EPA’s budget compared to FY 2018.  The White House added $724 million to EPA’s budget in a supplemental request, including $327 million for the Superfund program and $397 million for State and Tribal Assistance Grants for Clean Water and Drinking Water State Revolving Funds (SRFs).  At the same time, the Administration proposed cuts of 16 percent in grants to states (to $2.9 billion) and proposed cuts of 35 percent in funding to state and local agencies for air quality management (to $152 million).  The Administration requested $151 million for enforcement at Superfund sites and $20 million for the WIFIA program.

U.S. EPA’s Final Strategic Plan

The FY 2018-2022 EPA Strategic Plan, also released on Feb. 12, 2018, continued to emphasize three main goals: the agency’s Core Mission, Cooperative Federalism, and the Rule of Law and Process.  Among its two-year priority goals, The U.S. EPA intends to make an additional 102 Superfund sites and 1,368 brownfields sites ready for anticipated use (RAU) by Sept. 30, 2019. The U.S. EPA intends to use a “Lean” management system designed to deliver measurable results that align with the Strategic Plan.

Objective 1.3 is particularly relevant to the issues discussed above with regard to redevelopment of brownfields and Superfund sites. Objective 1.3 is to revitalize land and prevent contamination by providing better leadership and management to properly clean up contaminated sites to revitalize and return the land back to communities.  The strategic plan identifies both strategic measures and strategies for achieving these goals. First, it announces the number of sites the agency intends to have RAU by Sept. 30, 2022:

  • 255 additional Superfund sites
  • 3,420 additional brownfield sites
  • 536 additional Resource Conservation and Recovery Act (RCRA) corrective action facilities
  • 56,000 additional leaking underground storage tank (LUST) sites meeting risk-based corrective action standards

The U.S. EPA then announced the strategies by which it intends to achieve these goals, including the use of new technologies and innovative approaches; prioritizing sites that have been on the NPL for five years or more without significant progress; and reprioritizing resources to focus on remedial actions, construction completions, ready for reuse determinations and NPL site deletions.  The U.S. EPA will award competitive grants for the assessment, cleanup and reuse of brownfields sites, and will focus on sites subject to RCRA corrective action and LUST sites.  The U.S. EPA will review more than 12,500 risk management plans (RMPs) to help prevent releases and train RMP inspectors, and it intends to update its RCRA hazardous waste regulations to protect the health of the 20 million people living within 1 mile of a hazardous waste management facility. It will also issue polychlorinated biphenyls (PCB) cleanup, storage and disposal approvals, since this work cannot be delegated to states or tribes.  The U.S. EPA acknowledged that many of the sites that remain on the NPL are large, more complex and may contain multiple areas of contamination, and may contain emerging contaminants such as per- and polyfluoroalkyl substances (PFAS).  The U.S. EPA promised to engage stakeholders at all levels in making cleanup and land revitalization decisions.

As part of Objective 3.1, compliance with the law, the U.S. EPA stated that it would continue to follow an “enforcement first” approach under CERCLA to maximize the participation of responsible parties to perform and pay for cleanups. It indicated it would focus its resources on the highest priority sites that present an immediate risk to human health and the environment, and return these sites to beneficial use as expeditiously as possible.  It will also use advanced monitoring technologies to ensure compliance and work with the Environmental Council of the States (ECOS) and state associations to modernize ways to improve compliance.

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About the Authors

Amy L. Edwards is the co-chair of the firm’s National Environmental Team, as well as its Military Housing and Installations Redevelopment Team. She is a partner in the firm’s Public Policy & Regulation Group, which has been ranked among the top law and lobbying firms in Washington, D.C., by numerous publications. Ms. Edwards has been recognized as a leading environmental lawyer for several years by Chambers USASuper Lawyers and Best Lawyers. After holding several other leadership positions, she will become the Chair of the American Bar Association’s Section of Environment, Energy and Resources (SEER), the pre-eminent national organization representing lawyers in these fields, in 2018-2019.

Nicholas Targ is a San Francisco attorney with more than 20 years of experience assisting clients in the public and private sectors efficiently achieve their land use, environmental and policy goals. He co-chairs Holland & Knight’s national environmental team. Mr. Targ’s practice focuses on complex redevelopment projects, environmental compliance and government advocacy. His representative work includes strategic legal advice on brownfields redevelopment, Superfund compliance, and state and federal grant and policy advocacy. Mr. Targ has successfully advocated for infill funding and policy initiatives on behalf of public, private and nonprofit coalition clients.

This article was first published on the Holland & Knight LLP website.

Recent Trends in the Selection of Remedies at Superfund Sites

The U.S. Environmental Protection Agency (U.S. EPA) recently issued the 15th edition of its Superfund Remedy Report (SRR).  The report is a compilation of over 300 remedies selected in decision documents for contaminated sites on the National Priorities List (NPL) from October 2011 to September 2014.

Summary

Remedies included in the document relate to soil, groundwater, and sediment.  The remedies were counted by specific technology or approach, and also grouped into categories, such as treatment, on-site containment, off-site disposal, monitored natural attenuation (MNA), and institutional controls (ICs). The study analyzed remedies by media (i.e., soil, sediment, and groundwater), and the types of contaminants of concern (COCs) in those media. The evaluation also included vapor intrusion mitigation remedies.

The SRR compiles data on remedies and presents separate analyses for contaminants overall and contaminants in select media (soil, sediment and groundwater). This edition also includes a separate analysis of remedy and response action data for large sediment sites.

Dredging PCB-Contaminated sediment on the Hudson River

For the majority (78 percent) of the 1,540 Superfund sites with decision documents available, treatment has been selected, often in combination with other remedies. Most of these sites have more than one contaminated media, most frequently groundwater and soil. Most sites also have different types of contaminants of concern (COCs): more than half of sites address volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs) and metals, while a quarter of sites address two of these groups.

For FYs 2012 to 2014, remedies were selected in 308 decision documents, including 242 RODs and ROD Amendments, and 66 ESDs with remedial components. Of the 308 decision documents, 188 (61 percent) include a remedy for source materials (such as soil and sediment) and 160 (52 percent) for groundwater. Remedies were also selected for soil gas and air related to vapor intrusion.

Source Remedies

For this three-year period, nearly half of decision documents with source remedies include treatment. A quarter of all source decision documents include in situ treatment. Soil vapor extraction, chemical treatment, and in situ thermal treatment are the most frequently selected in situ treatment technologies for sources with soil being the most common source medium addressed. Physical separation, recycling, and solidification/stabilization (S/S) are the most common ex situ treatment methods. Metals, polycyclic aromatic hydrocarbons (PAHs) and halogenated VOCs are the COCs most commonly addressed.

Table 1: Summary of Source Control Remedies

Treatment
• Chemical, biological, or physical means to reduce toxicity, mobility, or volume of contaminated source media

• Can be either in situ or ex situ

• examples include chemical treatment and in situ thermal treatment

On-site containment
• Examples include the use of caps, liners, covers, and landfilling on site
Off-site disposal
• Includes excavation and disposal at an off-site facility
Monitored natural attenuation (MNA)
• Reliance on natural processes

• Natural attenuation processes may include physical, chemical, and biological processes

Monitored natural recovery (MNR)
• Reliance on natural processes to reduce risk from sediments

• Natural attenuation processes may include physical, chemical, and biological processes

Enhanced monitored natural recovery (EMNR)
• Combines natural recovery with an engineered approach for sediments

• Typically includes placing a thin layer of clean sediment to accelerate the recovery process

Institutional controls
• Nonengineered instruments, such as administrative and legal controls, that help minimize the potential for human exposure to contamination and protect the integrity of the remedy

• Examples for source media include land use restrictions and access agreements

Other
• Source control remedies that do not fall into the categories of source control treatment, on-site containment, off-site disposal, MNA, MNR, EMNR, or engineering controls

• Examples include wetlands replacement and shoreline stabilization

Sediment Remedies

Of the 188 recent source decision documents, 39 include a remedy for sediments. Most of the sediment decision documents (87 percent) include dredging, excavation, off-site disposal or on-site containment as part of the selected remedy. Some treatment was also selected — for example, in situ amended caps and ex situ and in situ S/S. Examples of other remedies include wetlands replacement and enhanced or monitored natural recovery (EMNR or MNR). Two-thirds of the sediment decision documents include institutional controls (ICs). Metals, PAHs and polychlorinated biphenyls are the COCs most frequently addressed.

EPA also analyzed newly acquired remedy and response action data on the largest sediment sites, known as Tier 1 sediment sites. The data include 112 actions for 66 sites. Some of these actions have progressed to design or implementation. Most remedies for these sites include dredging and excavation (84 percent), 48 percent include residual caps, and 29 percent include engineered caps designed to isolate contaminants from the waterway. A quarter of the Tier 1 sites include MNR and 18 percent include EMNR.

The U.S. EPA analyzed the contaminants of concern (COCs) addressed by sediment remedies in recent decision documents.  Over three-quarters of these documents include metals. PCBs and PAHs are the next most frequent categories of COCs with 44 percent each, as seen in the Figure below.

Figure 1: Detailed COCs in Decision Documents with Sediment Remedies

Groundwater Remedies

For the 160 groundwater decision documents signed in FYs 2012 to 2014, the groundwater remedies continue to be primarily a mix of in situ treatment, pump and treat (P&T), and monitored natural attenuation; most also include ICs. The use of in situ groundwater treatment continues to rise and is now selected in over half of groundwater decision documents. Of these, bioremediation and chemical treatment remain the most frequently selected. The majority of in situ bioremediation remedies specify anaerobic bioremediation, and more than half of chemical treatment remedies specify in situ chemical oxidation. The selection of P&T in groundwater decision documents has decreased significantly since the early 1990s and reached its lowest, 17 percent, in FY 2014. Containment technologies (vertical engineered barriers such as slurry walls) were selected at a few sites. By far, halogenated VOCs (primarily chlorinated VOCs) are the most common type of groundwater COC, addressed in 72 percent of recent groundwater decision documents.

Table 2. Summary of Groundwater and Vapor Intrusion Remedy Categories

Groundwater
In situ treatment
• Treatment of groundwater in place without extraction from an aquifer

• Examples include in situ chemical oxidation and in situ bioremediation

Pump and treat (P&T)
• Pumping of groundwater from a well or trench, followed by aboveground treatment

• Examples of aboveground treatment include air stripping and granular activated carbon

Monitored natural attenuation (MNA)
• Reliance on natural attenuation processes

• Natural attenuation processes may include physical, chemical, and biological processes

Containment
• Containment of groundwater using a vertical, engineered, subsurface, impermeable barrier
Institutional controls
• Examples include drilling restrictions and water supply use restrictions
Alternative water supply
• Examples include installing new water supply wells, providing bottled water or extending a municipal water supply
Other
• Groundwater remedies that do not fall into the categories of in situ treatment, P&T, MNA, containment, institutional controls, or alternative water supply

• Examples include drainage/erosion control and wetlands restoration

Vapor intrusion
Mitigation
• Mitigation of soil gas or indoor air to reduce exposure to vapor contamination in buildings

• Examples include active depressurization technologies and passive barriers

Institutional controls
• Examples include land use restrictions and vapor intrusion mitigation for new buildings

Vapor Intrusion Remedies

EPA selected vapor intrusion mitigation for existing structures in nine of the recent decision documents, and ICs for either existing structures or future construction in 34 of these documents. Some ICs restrict the future use of structures to avoid vapor intrusion exposure and others require the installation of mitigation systems as part of future construction. Active depressurization was the most common mitigation method specified, followed by passive barriers and subslab ventilation systems.

Combined and Optimized Remedies

In this report, the U.S. EPA also discusses the use of combined remedies and optimization reviews. The combined remedy highlights provide examples of recent decision documents where remedies are combined spatially or in sequence. The optimization highlights provide examples of how optimization efforts have informed remedy decisions in recent decision documents.

The remedy and site information provided in this report can help identify program needs for expanded technical information and support. For example, growing use of in situ groundwater technologies suggests the need for additional knowledge and support associated with those technologies. This analysis also provides information of value to stakeholders including technology developers; consulting and engineering firms; and federal, state, and tribal remediation professionals. In particular, developers and service providers can gain insight into the demand for specific remedial technologies.

 Conclusions

The analysis of most recent Superfund decision documents shows continued selection of a full range of treatment, containment, and disposal technologies and approaches for both source material and groundwater. Selection of some remedies is increasing in frequency (such as in situ groundwater technologies), while others are decreasing (such as pump-and-treat). Remedial approaches, including in situ bioremediation, are often combined in time or space to address different areas of the site or applied sequentially. Remedy optimization and reevaluation has resulted in changes to previously selected or implemented cleanup approaches. Overall, most Superfund sites contain different types of COCs: more than half of sites with remedies address VOCs, SVOCs, and metals/metalloids, and almost a quarter of sites address two of these groups.

 

 

Who is Charge of Harbour Clean-ups in Ontario?

As reported by the CBC, Environment and Climate Change Canada (ECCC) does not consider itself as the lead for the clean-up of Hamilton Harbour or Thunder Bay harbour.  ECCC says, while it is leading an ongoing harbour cleanup in Hamilton, it’s not a role the federal agency usually assumes.

That comes as proponents of cleaning up historical pollution in the harbour in Thunder Bay, Ont., try and sort out who is responsible for spearheading similar efforts in the northwestern Ontario city.

“If your question is, does it need a champion? It absolutely does,” Hamilton Mayor Fred Eisenberger said of the importance that an organization with jurisdiction over a polluted site push for a cleanup. “It needs one organization to keep pushing it along.”

“If it continues to be work that is just secondary work for someone off the corner of their desk, then it’s going to be a long, hard, arduous process.”

Efforts to clean up historical industrial pollution at the Randle Reef site in Hamilton’s harbour date back at least 15 years, said Eisenberger, who also used to be the chair of the board for the Hamilton Port Authority.  For years, he said, the port effectively served the lead agency role, coordinating local stakeholders and senior levels of government to move the project forward.

Environment Canada took the reins well into the project’s lifespan, according to Eisenberger and a spokesperson with the federal agency, and only after the involvement of the Hamilton port — who owns the harbour bed at Randle Reef.

In Thunder Bay, determining who should be that advocate has been difficult; the water lots where 400,000 cubic metres of mercury-contaminated pulp fibre sit in the harbour’s north end are owned by Transport Canada but administered by the Thunder Bay Port Authority.

Transport Canada has told CBC News spearheading a cleanup is up to the port, while port officials say they’ve been told by Transport Canada to advise on — not lead — remediation efforts.  The port has pointed to Environment Canada as the most appropriate lead agency, citing its role in Hamilton.

Approximate Area of Contaminated Sediment in Thunder Bay Harbour

‘No standard model’

Just because Environment Canada takes a leadership role in one project doesn’t necessarily mean it will in all cases, a spokesperson with the agency said.

“There really is no standard model for remediating contaminated sites other than that governments try to apply, where possible, the polluter-pay principle,” Jon Gee, Environment Canada’s manager of the Great Lakes area of concern wrote in an email to CBC News.

In Thunder Bay, the industrial companies largely responsible for the legacy pollution no longer exist.

Environment Canada’s lead role in Hamilton was the result of “a long negotiation between the Government of Canada and the other organizations,” Gee wrote. “It is not a role that the Department usually undertakes.”

The jurisdictional confusion in Thunder Bay has caught the attention of at least one legislator in the area.  Officials with the office of Thunder Bay-Superior North MP Patty Hajdu said she has met with members of the Thunder Bay Remedial Action Plan’s public advisory committee and that she will also discuss the matter with the federal ministers of transport and the environment.

Construction of the Randle Reef cleanup project in Hamilton Harbour

Gee said Environment Canada “remains committed” to working with government and other stakeholders on the project.

In Hamilton’s case, funding for the $139 million Randle Reef project is being split among the federal and provincial governments, as well as Hamilton, Burlington, the Hamilton Port Authority and Stelco, a steel company based in Hamilton. It’s expected to be complete in 2022.

In Thunder Bay, a number of remediation options were presented in 2014 to the public, with feedback going into a report.  Environment Canada has said no preferred option was identified because there is no lead agency on the project. Cost estimates at the time ranged anywhere from $30 million to $90 million.

Status of Hamilton Harbour Clean-up

As reported in the Hamilton Spectator, Hamilton Harbour still has an undetermined number of years to go before it can meet water quality and ecological standards acceptable to the International Joint Commission.  The Canada/U.S. bilateral agency that oversees cross-border water issues said in a statement this week that — after three decades — it is growing restless about the slow pace of Great Lakes water improvements on both sides of the border.

“The IJC identifies specific gaps in achieving the human health objectives … for drinkable, swimmable and fishable waters, and recommends that the governments set an accelerated and fixed period of time for effectively achieving zero discharge of inadequately treated or untreated sewage into the Great Lakes,” the agency says.

More than 30 years ago, the commission deemed 43 “areas of concern” on the Great Lakes — including Hamilton Harbour — and only seven sites have so far been delisted, three of which are in Canada.

Two big projects currently underway in Hamilton harbour are expected to lead to major improvements in its water quality. The first is the ongoing work encapsulating the highly toxic coal tar blob at Randle Reef. The Randle Reef Contaminated Sediment Remediation Project is scheduled for completion in 2022 at a total cost of $138.9 million spread out over three phases.

The other ongoing big-ticket item is Woodward Avenue Wastewater Treatment Plant, which is in the second year of a five-year, $340-million upgrade that will raise treatment to a modern tertiary level. This is expected to dramatically reduce discharges into the bay with most notably a reduction of 65,000 kilograms of phosphorus per year.

Status of Thunder Bay Harbour Clean-up

As reported in TB News Watch, the recommendations in a clean-up report of mercury in Thunder Bay, Ontario harbour have yet to be acted upon.  It has been more than three years since a consultant’s report identified options for the management of 400,000 cubic metres (14 million cubic feet) of mercury-contaminated sediment.

Thunder Bay is located at the northwest corner of Lake Superior and has a population of approximately 110,000.

The source of the mercury in the sediment was industrial activity along Thunder Bay’s north harbour for over 90 years including pulp and paper mill operations.  The sediment is contaminated with mercury in concentrations that range from 2 to 11 ppm at the surface of the sediment to 21 ppm at depth and ranging in thickness from 40 to 380 centimeters and covering an area of about 22 hectares (54 acres).

The preferred solution in the consultant’s report was to dredge the sediment and transfer it to the Mission Bay Confined Disposal Facility (CDF) at the harbour’s south end.  That came with an estimated cost of $40 million to $50 million, and was considered the best choice based on factors such as environmental effectiveness and cost.  The consultants also looked at other options, including building a new containment structure on the shoreline adjacent to the former Superior Fine Papers mill.

U.S. EPA Sees New Challenges Ahead for Superfund

by  Loren R. Dunn and Eric L. Klein, Beveridge & Diamond PC

The U.S. EPA released a four-year “strategic plan” in mid-February that continues to emphasize the Superfund program as one of Administrator Scott Pruitt’s top priorities.  While it has been clear since last summer’s Superfund Task Force report that the agency’s new leadership wants to accelerate Superfund site cleanups, the agency’s new strategic plan reveals for the first time that the U.S. EPA also sees emerging challenges ahead for Superfund.

“A number of factors may delay cleanup timelines,” the agency wrote in its strategy document.  These factors include the “discovery of new pathways and emerging contaminants” such as vapor intrusion and per- and polyfluoroalkyl substances (PFAS), and new science such as “new toxicity information or a new analytical method.”

Photo Credit: Michael Paulsen / Houston Chronicle

According to the strategic plan, the emergence of this kind of new information can reopen previously settled remedy determinations – and the Superfund sites that still remain on the National Priorities List (NPL) already tend to be the harder cases, with more difficult patterns of contamination and more complex remedies.  The U.S. EPA flagged in particular its waste management and chemical facility risk programs, where “rapidly changing technology, emerging new waste streams, and aging infrastructure present challenges[.]”

It remains to be seen whether the agency’s cautions in the Superfund section of its strategy document represent a meaningful shift in the agency’s frequently-stated intention to reinvigorate the Superfund program.  Early in his tenure, Mr. Pruitt charged his Superfund Task Force with generating a series of recommendations centered around Mr. Pruitt’s goals for Superfund: faster cleanups, the encouragement of cleanup and remediation investments by PRPs and private investors, and a process centered on stakeholder engagement and community revitalization.  In December 2017, in response to one of the Task Force’s recommendations, the agency released a list of 21 high-priority NPL sites that Mr. Pruitt targeted for “immediate and intense attention,” according to an U.S. EPA press release.  The cautionary notes in this week’s strategic plan are a subtle shift in tone for the U.S. EPA.

At the same time, the document also sets forth a plan for improving the consistency and certainty of EPA’s enforcement activities in the regulated community.  It remains to be seen how U.S. EPA intends to achieve consistency while being responsive to state and tribal interests.

These goals, of course, will depend on the details of implementation, which are not set forth in the strategic plan.  And such details will depend on the agency’s budget, which remains in flux for 2019 and beyond.  For example, U.S. EPA’s proposed budget for fiscal year 2019 sought a roughly $327 million cut in the Superfund program, but the funds were added back into the budget proposal as part of last-minute budget agreement reached in Congress last week, securing the program’s funding in the short-term.   Last year, the administration proposed a 30% cut in the agency’s funding  but Congress balked and eventually approved a budget that cut roughly 1%.

______________________

About the Authors

Loren R. Dunn represents regional and national companies at locations throughout the country in environmental regulation and litigation issues.  Loren’s environmental projects have involved hazardous waste and large multi-party toxics cleanup sites, including marine and fresh water sediment sites, landfills, and natural resource damages claims. He has also conducted extensive work obtaining permits for key facility operations. He has particularly deep knowledge of the following industries: manufactured gas facilities, regulated utilities, smelters and metals refineries, pesticide sites, and large area contamination sites.

Eric L. Klein is an environmental civil litigator and regulatory counselor in the Washington, D.C. office of Beveridge & Diamond, P.C.  He has handled cases in state and federal courts throughout the United States, litigating a variety of complex civil and commercial matters before juries, trial and appellate courts, arbitrators and administrative tribunals.  Mr. Klein frequently litigates both statutory and common law claims, and specializes in challenging and defending technical experts in the litigation of complex environmental torts.

This article was first published on the Beveridge & Diamond PC website.

Unique oil spill in East China Sea frustrates scientists

As reported by Cally Carswell in Nature, When the Iranian oil tanker Sanchi collided with a cargo ship, caught fire and sank in the East China Sea in mid-January, an entirely new kind of maritime disaster was born. Nearly two weeks later, basic questions remain unanswered about the size of the spill, its chemical makeup and where it could end up. Without that crucial information, researchers are struggling to predict the short- and long-term ecological consequences of the incident.

Sanchi Oil Tanker partially explodes in East China Sea (Photo Credit: CNN)

“This is charting new ground, unfortunately,” says Rick Steiner, a former University of Alaska professor in Anchorage who has studied the environmental impacts of oil spills and consulted with governments worldwide on spill response. “This is probably one of the most unique spills ever.”

The infamous spills of the past — such as the Deepwater Horizon disaster in the Gulf of Mexico in 2010, or the Exxon Valdez tanker rupture in Alaska’s Prince William Sound in 1989 — involved heavier crude oil. It can remain in the deep ocean for years and has chronic impacts on marine life. The Sanchi carried a little more than 111,300 metric tons of natural gas condensate, a lighter, more volatile petroleum product which doesn’t linger as long in the environment. Condensate has never before been unleashed into the sea in large quantities.

Unlike heavy crude, condensate doesn’t accumulate in shimmering slicks on the water’s surface, which makes it difficult to monitor and contain. Neither does it sink to the ocean floor, as do some of the heavier constituents in crude over time. Rather, it burns off, evaporates or dissolves into the surface water, where some of its chemical components can linger for weeks or months.

“Most oil spills have a chronic toxicological effect due to heavy residuals remaining and sinking over time,” says Ralph Portier, a marine microbiologist and toxicologist at Louisiana State University in Baton Rouge. “This may be one of the first spills where short-term toxicity is of most concern.”

Missing science

A significant, but unknown, portion of the Sanchi’s condensate probably fuelled the fires that followed the collision. In the waters immediately surrounding the tanker, Portier says, the conflagration and gaseous fumes would have killed off or injured phytoplankton, along with birds, marine mammals and fish that were caught in the vicinity when the tanker ignited.

Moving beyond the fire, the impact of the accident becomes harder to discern. That’s because the exact chemical composition of the condensate has not yet been made public, Steiner says, and because no one knows how much of the condensate dissolved into the water.

“The part I’m most worried about is the dissolved fraction,” Steiner says. Toxic chemicals in the condensate could harm plankton, fish larvae and invertebrate larvae at fairly low concentrations at the sea surface, he says. Fish could suffer reproductive impairments so long as chemicals persist in the water, and birds and marine mammals might experience acute chemical exposure. “In a turbulent, offshore environment, it dilutes fairly quickly,” he says. “But it’s still toxic.”

Because this type of spill is new, Portier says, researchers don’t yet understand the ultimate consequences of acute exposure to condensate in the sea, where it’s breaking down and dispersing. “That’s really where the science is missing,” he says.

Destination unknown

Researchers are also scrambling to assess where pollutants from the Sanchi could travel. Groups in both China and the United Kingdom have run ocean-circulation models to predict the oil’s journey, and the models agree that much of the pollution is likely to end up in a powerful current known as the Kuroshio, which flows past southeastern Japan and out to the North Pacific. The European models suggest that chemicals from the Sanchi could reach the coast of Japan within a month. But the Chinese models indicate that they are unlikely to intrude on Japanese shores at all.

Katya Popova, a modeller with the National Oceanography Centre in Southampton, UK, isn’t sure why the models disagree. But she says that the discrepancy points to the importance of forging international collaborations to increase confidence in model projections during emergencies. “This is something that the oil industry should organize and fund to improve preparedness,” she says.

Fangli Qiao with China’s State Oceanic Administration in Qingdao says his group’s models indicate that the pollution’s probable path overlaps with Japanese sardine and anchovy fisheries. But Popova cautions that the models are not necessarily good indicators of potential harm to fisheries or coastlines.

“All we’re saying is, if something is spilled here at this time, we can give you the most probable distribution,” she says. “We don’t know what type of oil or how much.” Those are crucial details because condensate components could degrade or evaporate before reaching important fisheries or shores. “A monitoring programme is the most pressing need right now,” Popova says, “to see where it goes and in what concentration.”

Yet Steiner says that comprehensive environmental monitoring doesn’t seem to have started. Official Chinese-government statements have included results from water-quality monitoring at the wreckage site, but none from the downstream currents that could be dispersing the pollution. “Time is of the essence, particularly with a volatile substance like condensate,” Steiner says. “They needed to immediately be doing plankton monitoring, and monitoring of fish, sea birds. I’ve seen no reports of any attempt to do that.”

Nature 554, 17-18 (2018)

doi: 10.1038/d41586-018-00976-9