Transcript C - the Oklahoma Department of Environmental Quality

ENVIRONMENTAL DECISION TREE
Oklahoma Brownfields Redevelopment
Perform “All Appropriate Inquiry”
(Phase I Environmental Site
Assessment) prior to acquisition.
Must be compliant with
ASTM E1527-05.
Potential for
contamination?
No further regulatory
involvement. Continue with
redevelopment activities.
NO
Contact OCC, Pollution
Abatement Department and
consult with staff
YES
NO
ASBESTOS
YES
YES
OR
Is a childoccupied facility
or housing part of
project?
Assume
asbestos is
present (Note:
If Brownfields
funding will be
used,
sampling
must be
performed)
NO
Address concerns
for
worker/occupant
safety as required
A
YES
HAZARDOUS OR
PETROLEUM
D1
NO
B
YES
Apply for Assessment
Grant, if Available
Is additional
site
assessment
needed prior
to cleanup?
Requires DEQ
oversight if cleanup
will be conducted
under DEQ’s
Brownfields Program
or VCP
A
Is cleanup
required?
What is
nature of
contamination?
YES
NO
LEGEND
General process
Decision point
Contact with agency required
Alternate process
Termination point
Primary path
Alternate path
A
NO
Apply for
Financial
Assistance, if
Available
Perform necessary
level of assessment
Prepare abatement Plan and
submit to DOL
Tank
related?
CONTACT INFORMATION
Environmental Protection Agency
Region 6 – (214) 665-8000
Proposed Development
Plan
Identify subsurface
infrastructure
Sign DEQ MACO for Site
Characterization
HAZARDOUS / OTHER
NON-PETROLEUM
No further regulatory involvement.
Continue with redevelopment
activities.
B
Oklahoma Corporation Commission
Petroleum Storage Tank Division – (405) 522-1439
Pollution Abatement Department – (405) 521-3085
Oklahoma Department of Agriculture, Food, & Forestry
Consumer Protection Services Division – (405) 203-5180
A
Pre Application Conference
with DEQ
Release
above
action
levels?
D3
YES
OCC confirms
release
Onsite concentrations
exceed SSTLs?
Oklahoma Department of Labor
Asbestos Division – (405) 528-1500 ext. 250
Oklahoma Energy Resources Board
Environmental Director – (405) 942-5323
C
Remediation
Final Report to OCC
Final Closure Letter
Case can be reopened
D3
Sampling & Analysis Plan
Health and Safety Plan
Title Search
Operational History
NO
Site Characterization
Risk
Assessment
NO
NO
Is cleanup
required?
Assessment and Cleanup of some properties may be eligible for funding under EPA’s
Brownfields Program. EPA defines Brownfields as 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. Cleaning up and
reinvesting in Brownfields lessens development pressures on undeveloped, open land,
and both improves and protects the environment. For eligibility, check with your local or
State Brownfields coordinator. For more information visit www.epa.gov/brownfields
YES
DEQ Issues
Closeout Letter
Local Brownfields Contacts
To learn more about the local and regional Brownfields programs in your area, please visit
the EPA Region 6 Brownfields website located at:
www.epa.gov/earth1r6/6sf/bfpages/sfbfhome.htm
D
Does RC
desire State
& CERCLA
liability relief?
YES
YES
Brownfields Eligibility
The State Voluntary Cleanup Program(VCP) offers program participants a means to document a
cleanup with governmental oversight. No financial assistance is available under the VCP. A Closeout
Letter is issued by the DEQ upon successful completion of required remedial activities. A consent
order for risk-based remediation requires notice to the deed. To obtain more information on the
VCP, visit www.deq.state.ok.us/lpdnew/VCPIndex.htm.
Submit Work Plan and QAPP
to DEQ Including:
Remedial
Option
Evaluation
Oklahoma Department of Environmental Quality
Land Protection Division – (405) 702-5100
Air Quality Division – (405) 702-4100
NO
YES
must provide
evidence of well
plugging and
sampling material
disposal before
receiving final
letter
NO
Obtain DEQ
Checklist &
Guidelines
Does RC
desire State
& CERCLA
liability relief?
OCC closes case
under identified risk
ORBCA Tier II
DEQ State Voluntary Cleanup Program
YES
NO
NO
YES
YES
Contact DEQ, Land
Protection Division
C
Contact licensed asbestos
abatement contractor
Conduct abbreviated
investigation
Is petroleum
contamination
co-mingled?
DEQ Pre Application Phase
Contact Local
Brownfields Program
Coordinator
Note: O&M contractor may
use their own O&M Plan
Onsite concentrations
exceed RBSLs?
OCC closes SOR
Refined petroleum
contamination from storage
tanks suspected / confirmed
OR
Municipalities and other local governmental entities may
offer technical and financial assistance for Brownfields
redevelopment projects. Refer to Legend item C.
Prepare Operations and
Maintenance (O&M) Plan
ORBCA Tier IA
OCC opens Suspicion
of Release (SOR) case
Petroleum contamination or
brine from oil and gas sites,
pipelines, or tank farms
suspected / confirmed
Municipal or Regional
Brownfields Program
Can
asbestos be
managed in
place?
Initial Site Assessment
NO
Hazardous materials
suspected / confirmed
NO
Submit notification
to DEQ, Air Quality Division
Case can be reopened
OCC opens confirmed Notice of
Release (NOR) case
YES
Insufficient evidence to
make determination
Submit information and request
closure
NO
Reliable and sufficient information
NO
Optional
administrative law
hearing
Perform cleanup to Category or sitespecific RBCA standards, or
demonstrate stabilization / no
receptors. Restore site surface for
beneficial use
YES
YES
YES
Optional step
Identify RBCA
Pathway
NO
(option)
Final Closure Letter
(OPTIONAL)
Will activities
impact
asbestos?
YES
Contact Department of
Agriculture,
Food, & Forestry
Specific requirements must be met to be eligible for financial assistance under the
LUST Trust Fund or the Indemnity Fund. All participants in these programs must
follow the OCC guidance which is generally depicted in the flow diagram. Owners
who choose to self fund cleanup activities are still subject to OCC regulations. The
OCC will issue a Final Closure Letter when it is determined the fuel-impacted soil
and groundwater no longer pose a risk to human health. To obtain the most
current rules, please visit www.occ.state.ok.us/Divisions/GC/Rulesfrm.htm.
RC hires OCC-licensed
remediation consultant
Sufficient data?
NO
D2
Contact EPA
Region 6
Is property or
structure a
Brownfield?
YES
NO
A
YES
Contact
Oklahoma
licensed lead
based paint
inspector for
survey
Performing
demolition or
renovation?
A
NO
YES
NO
YES
YES
Are PCBs mixed
with other
contaminants?
NO
NO
PESTICIDES
YES
NO
Is asbestos
present?
NO
PETROLEUM –BASED
Contact
Oklahoma
licensed
asbestos
inspector/
management
planner for
survey
PCBs &
OTHER
TOXICS
Are
cleanup
levels
met?
A
OCC LUST Trust and Indemnity Fund Programs
OCC opens case and determines
owner/operator at time of release
Perform Limited Site
Assessment
ARE THE FOLLOWING TYPES OF CONTAMINANTS SUSPECTED?
LEAD
BASED
PAINT
Contact OCC, Petroleum Storage Tank
Division to report analytical data and
historical ownership
Tank farms located on refineries fall under the purview of DEQ. After appropriate
staff review, some sites may be referred to the Oklahoma Energy Resources Board
(OERB) for cleanup. The Guardian Program will soon be modified to
accommodate Brownfields funding. Once funding is available, applicants can apply
to OCC for funding and follow the same process reflected in the DEQ Brownfields
Program. To obtain the most current guidance document visit the division’s
website, www.occ.state.ok.us/Divisions/OG/ogtaxapp/og-guardian/abatement.htm.
DEQ Site Characterization Phase
PROPERTY
IDENTIFIED
OCC Guardian Program
Voluntary
Cleanup
Program/ Sign
DEQ Consent
Order for
Cleanup
Final Report
May Require
Some Public
Participation
Remedial
Activities
DEQ Issues
Closeout Letter at
Completion
Confirmation
Sampling
Changes from
Work Plan
DEQ State Brownfields Program
The State Brownfields Program offers applicants State and CERCLA liability relief. Liability relief is
obtained upon successful completion of remedial activities through the Certificate of Completion,
which is attached to the deed. DEQ has limited funding to assist in the cleanup of Brownfields sites.
To obtain more information on the State Brownfields Program, visit
www.deq.state.ok.us/lpdnew/brownfindex.html.
Application to
Brownfields
Program*
Formal Public
Participation
* DEQ review time is 30-45 days.
Includes administrative and
technical reviews. Project
Proponents have up to 180 days to
respond to a notice of deficiency.
Sign Consent
Order for
Remediation
Is cleanup
required?
YES
Remedial
Activities
DEQ Issues
Certificate of No Action
Necessary
NO
Final Report
Confirmation
Sampling
Changes from
Work Plan
Notes
Acronyms
1. Contaminants such as polychlorinated biphenyls (PCBs) that are
regulated under the Toxic Substances Control Act (TSCA) are
EPA’s jurisdiction. DEQ will oversee cleanup of TSCA substances,
especially when mixed with other chemicals, but cannot provide
liability relief.
CERCLA – Comprehensive Environmental Response, Compensation, and Liability Act
DEQ – Oklahoma Department of Environmental Quality
DOL – Oklahoma Department of Labor
EPA – Environmental Protection Agency
LUST – Leaking underground storage tank
MACO – Memorandum of Agreement and Consent Order
NOR – Notice of Release
OCC – Oklahoma Conservation Commission
OERB – Oklahoma Energy Resources Board
ORBCA – Oklahoma Risk Based Closure Action
PCBs – polychlorinated biphenyls
QAPP – Quality Assurance Project Plan
RBCA – Risk based closure action
RBSLs – Risk based screening levels
RC – Regulatory Contact (owner/operator at the time of release or current impacted property owner)
SOR – Suspicion of Release
SSTLs – Site specific target levels
TSCA – Toxic Substances Control Act
VCP – Voluntary Cleanup Program
2. The Consumer Protection Services Division of the Oklahoma
Department of Agriculture, Food, and Forestry regulates pesticides
in Oklahoma. The Division investigates allegations of pesticide
misuse and maintains a database of complaints. Funding is
available for collection and disposal of pesticides. Pesticide
cleanups are addressed in DEQ’s programs; under the jurisdiction
of the Department of Agriculture, Food, and Forestry.
3. The OCC may choose to reopen a case in the event of land use
changes, construction activities, or additional environmental data
that indicates impacted soil or groundwater may not be protective
of human health and the environment.
DEQ Issues
Certificate of
Completion with
EPA Concurrence
Diagram
Developed by:
The City of Oklahoma City
Brownfields Program, in
cooperation with state
environmental agencies
and other stakeholders.
For an electronic copy or
additional information,
contact the Oklahoma City
Brownfields Coordinator
at (405) 297-1639
Version: 8/2006