Transcript DEQ - Boise County, Idaho

DEQ
Waste and Remediation
Division Programs
Michael McCurdy
Ground Water and Remediation Section Manager
Boise Regional Office
Brownfields Program

Focus: Vacant or Underutilized Property


DEQ Brownfield Assessment


Sites where reuse or redevelopment is complicated by
actual or perceived environmental contamination,
including petroleum
No cost to applicant
EPA Brownfields

Targeted Brownfield Assessment (similar to DEQ )
Grants for assessment and cleanup

http://www.epa.gov/swerosps/bf/pubs/08brochure.pdf

Brownfields Program

Former City and/or County Dumps and Landfill
Properties

DEQ conduct site assessments


Must have a redevelopment plan
Cleanup of Brownfields properties

Reuse Idaho Brownfields Coalition (Brownfields
Revolving Loan Fund)


Low interest loan
Community Reinvestment Pilot Initiative


Rebate of 70% of cleanup costs up to a maximum of $150,000
per site
All Pilot slots currently filled
Mining –
Abandoned/Inactive Sites

Preliminary Assessment Program
 Evaluate and prioritize potentially
contaminated sites

Properties with inactive/abandoned mines
 Map the mine sites
 Identify physical hazards
 Collect water and mine waste samples

Work with property owner to cleanup site

Voluntary Cleanup Program
Ground Water Rule
Ground Water Rule (IDAPA 58.01.11.400.01)
 No person shall cause or allow the release, spilling, leaking,
emission, discharge, escape, leaching, or disposal of a
contaminant into the environment in a manner that:

a. Causes a ground water quality standard to be exceeded
(standards are identified in IDAPA 58.01.11.200);

b. Injures a beneficial use of ground water; or

c. Is not in accordance with a permit, consent order or applicable
best management practice, best available method or best
practical method.
Ground Water Rule
Ground Water Rule (IDAPA 58.01.11.150/300)
Level of Protection and Application of Standards to Aquifer Categories
Category
Level of Protection
Application of Standards
Sensitive Resource
(Rathdrum Prairie
Aquifer – Spokane
Valley)
Apply best management practices
and best available methods. This
category provides the highest
level of ground water protection.
May apply stricter standards
than in Section 200.
General Resource
(All aquifers not
otherwise listed)
Apply best management practices
and best practical methods.
Apply numerical and
narrative standards in
Section 200.
Other Resource
(none listed)
Apply best management practices
and best practical methods.
May apply less strict
standards than in Section
200.
Ground Water Rule
Ground Water Rule (IDAPA 58.01.11.401)
 New provisions regarding mining activity

Setting points of compliance (two alternatives)


Meet Ground Water Standards everywhere
Request points of compliance



Application process ($2500 fee)
Monitoring and reporting requirements
Effective July 1, 2009
 http://www.deq.idaho.gov/rules/deq_rulemaking.cfm#groundwater
Water Quality Rule –
Petroleum, Hazardous and
Deleterious Materials

Water Quality Standards (IDAPA 58.01.02)
defines release as:

“Any unauthorized spilling, leaking, emitting,
discharging, escaping, leaching or disposing into
soil, groundwater, or surface water.”
Water Quality Rule –
Petroleum

IDAPA 58.01.02.851 Water Quality Standards

Requires clean up and reporting of used oil and
petroleum releases by owners and operators

Contain and immediately clean up an above ground spill only
after mitigating any fire, explosion and vapor hazards.

An above ground spill exceeding 25 gallons…shall be reported
to DEQ within 24 hours and owners shall begin corrective
action.
 Note: 58.01.02.851.04.a includes spills causing a sheen on
surface water

An above ground spill less than 25 gallons…shall be reported to
DEQ only if cleanup cannot be accomplished within 24 hours.
Water Quality Rule –
Petroleum

IDAPA 58.01.02.852 Water Quality Standards

Describes process for petroleum release response
and corrective action

Release Report submittal to DEQ

Free Product Removal

Investigations for Soil and Water Cleanup

Corrective Action Plan
Water Quality Rule –
Petroleum

Not just tied to Underground Storage Tanks

Aboveground Storage Tanks, even though not
regulated by DEQ

Heating Oil Tanks, even though not regulated by
DEQ

Equipment and vehicles
Water Quality Rule –
Hazardous Materials

IDAPA 58.01.02.850 describes response to
hazardous material releases.

In the case of an unauthorized release of hazardous materials to
state waters or to land such that there is a likelihood that it will
enter state waters, the responsible persons in charge must:

01. Stop Continuing Spills.

02. Contain Material.

03. Department Notification Required. Immediately notify the
Department or designated agent of the spills.

04. Collect, Remove and Dispose.
Water Quality Rule –
Hazardous and Deleterious
Materials

Water Quality Standards (IDAPA
58.01.02.800) states:

“Hazardous and deleterious materials must not be
stored, disposed of, or accumulated adjacent to or
in the immediate vicinity of state waters unless
adequate measures and controls are provided to
insure that those materials will not enter state
waters as a result of high water, precipitation
runoff, wind, storage facility failure, accidents in
operation, or unauthorized third party activities.”
Water Quality Rule –
Hazardous Materials

Hazardous Material (. IDAPA 58.01.02.10.40)

A material or combination of materials which,
when discharged in any quantity into state waters,
presents a substantial present or potential hazard
to human health, the public health, or the
environment.
Water Quality Rule –
Deleterious Materials

Deleterious Material (IDAPA 58.01.02.10.16)

Any nontoxic substance which may cause the
tainting of edible species of fish, taste and odors in
drinking water supplies, or the reduction of the
usability of water without causing physical injury to
water users or aquatic and terrestrial organisms.
Water Quality Rule –
Hazardous and Deleterious
Materials

Examples of hazardous and deleterious
materials from Water Quality Standards
(IDAPA 58.01.02.800):

“Such material includes, but is not limited to,
trash, rubbish, garbage, oil, gasoline, chemicals,
sawdust, and accumulations of manure.”
Standards and Procedures for
Application of Risk Based
Corrective Action at Petroleum
Release Sites

New rule effective upon adjournment of 2009
legislative session (IDAPA 58.01.24):

Risk evaluation process to be used in conjunction
with Water Quality Standards (IDAPA
58.01.02.852) for petroleum site cleanup
BRO Ground Water and
Remediation Program Contacts







Ground Water – Lisa Rowles, 373-0183
USTs – Chris Bowe, 373-0166
LUSTs – Mark Van Kleek, 373-0510
Brownfields – Eric Traynor, 373-0565
Hazardous Waste – Eileen Loerch, 373-0469
Remediation – Michael McCurdy, 373-0296
Mining – Michael McCurdy, 373-0296