1. Urban Revitalization Streamlining the VAP Path In Ohio Martin Smith – Ohio EPA DERR Michael P. May, PE, CP - KERAMIDA

2. Agenda Ohio’s Voluntary Action Program Introduction to the Program Agency Comments Program Changes What / Why? Agency Role/Responsibilities CP Comments CP Role/Responsibilities Case Studies Lessons Learned Q&A

3. Brownfields USEPA defines Brownfields as “Abandoned, Idled or Underutilized industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination.” - OSWER Brownfields National Partnership Action Agenda (May 1997)

4. Eligible Properties Abandoned / Underutilized (Brownfields) Gas Stations Factories Mills Foundries Junkyards Mine-scarred Lands Other

5. Benefits of VAP Blight Control Liability Protection Economic Profitability Environmentally Safe Property

6. Stakeholders Manufacturers Village/City/County Administrators Bankers Developers Investors Residents

7. OHIO VAP Rule OAC Chapter 3745-300 -06 Phase I -07 Phase 2 -08 Generic Numerical Standards -09 Property Specific Risk Assessment Streamlined in August 2014

8. Prior to August 2014

9. After August 2014

10. Why Make Changes? Limited agency resources Faster decisions about CNS

11. Voluntary Action Program Privatized voluntary cleanup program Certifies environmental professionals and laboratories conduct work related to assessment and cleanup Professionals and laboratories must meet stringent experience, educational and quality requirements – Helps to ensure quality voluntary cleanup work is performed from the start

12. Covenant Not to Sue Release of liability from State of Ohio Comes with responsibilities – Compliance with conditions of CNS – Maintain institutional and/or engineering controls – Continue to meet applicable standards – Cooperation during audits

13. The CNS Stool Certified Professionals/Labs VAP Rules Agency Involvement Covenant Not to Sue

14. Agency Involvement Compliance Process Improvement Property-Specific Review

15. Agency Involvement Process Improvement – Rule Writing – Guidance – Training & Outreach

16. Agency Involvement Property-Specific Review – Technical Assistance (optional) – Review for CNS – Post-CNS Compliance

17. NFA Letter Review Philosophy Level of Documentation Verification High Reliance on CP

18. Agency Involvement Compliance – Certifications (CPs & Labs) – Disciplinary Actions (CPs & Labs) – Auditing Program

19. NFA Letter Audit Philosophy Level of Documentation Verification Opportunity to Verify Work

20. The Audit Stool Discretionary Random Compliance Auditing NFA Letters

21. Audit Types Random – Selected annually – Based on random selection of NFA letters Discretionary – Selected annually – Agency’s discretion based on pre-determined selection criteria Compliance – As needed basis, to evaluate potential non-compliance issues

22. Submittal of NFA Letters [OAC 3745-300-13] Changes effective August 1, 2014

23. Old NFA Review Process NFA Letter included all supporting documentation – Phase 1, Phase 2, Risk Assessment, etc. Approval required concurrence with most of what was done and how it was documented – Desire for certainty that all rules were met – Expectation of thorough review prior to approval Result was a near audit level review of NFA Letter

24. New NFA Review Process NFA Letter has been streamlined Much more reliance on CP’s determination that applicable standards are met Ohio EPA will focus more on… – Audit of NFA Letters – CP performance tracking and disciplinary actions – Training and guidance

25. New NFA Review Process Statute speaks to CP responsibility for compliance with applicable standards Ohio EPA must issue CNS unless, – NFA Letter doesn’t comply with rule – Remedy does not protect public health, safety and the environment – NFA Letter submitted fraudulently Relies on audits of NFA Letters

26. New NFA Review Process NFA Letter rule changed to streamlined NFA letter format and review process – Ohio EPA will review streamlined NFA Letter – NFA Letter limited to a concise summary of the Voluntary Action activities – Submittal of supporting documentation after CNS issuance

27. Comparison of “Old” vs “New” NFA Letters NFA Letter Type Days to Send INOD Days to Receive Addendum Percent FNOD Required Days to Send FNOD Days to Receive Addendum Total Days to Issue CNS (Agency Time) Total Days to Issue CNS (Calendar) "Old" Style1306449 %7052238320 "New" Style672929 %3126144180 Reduction6335--392694140

28. CP Roles/Responsibilities Familiarity with the Rule Determination of Eligibility Determination that Standards have been met Preparation of NFA Letter

29. CP Roles/Responsibilities The REAL Value of the CP - technical resource for the Volunteer: - Present the VAP Pathway(s) to NFA/CNS - Interpret data/reports - Provide Remedial/Mitigative Options - Liaison w/ Agency

30. Technical Case Studies Chemical Facility Cement Manufacturer Casting Facility Electroplating Facility

31. Chemical Facility

32. History – Operated 1940s to 2005 Process – Manufacture of UV Cured Inks & Coatings Lab Solvent Storage Blending

33. Chemical Facility

34. Regulatory Files Review – Former RCRA TSD – Spills & Releases – USTs – Heating Oil & Process Related – ASTs – Non-Chlorinated Flammable Solvents – Historical use of PCBs, Chlorinated Solvents

35. Chemical Facility

36. Environmental Legacy – RCRA Enforcement – Asbestos – GW VOC Plume – Shallow/Deep Soil - VOCs

37. Chemical Facility Technical Challenges – RCRA Enforcement – Asbestos – GW VOC Plume, – Vapor Intrusion (VI) – Shallow Soil – Deep Soil – OEPA Coordinator Transition

38. Chemical Facility Technical Solution – Intra-Agency Letter – Asbestos Abatement – Soil Excavation – GW Transport / Indoor Air Modeling – Risk Mitigation Plan – Activity & Use Limitation Commercial /Industrial Use, GW Limitation Occupancy Limitation – Active/Passive Vapor Mitigation

39. Chemical Facility Timeline Phase I – Jun 2010 / Jan 2013 Phase II – Jan 2011 Remediation – Dec 2012 NFA Letter – Jan 2013 INOD - Mar 2013 FNOD – Jul 2013 CNS – Dec 2013

40. Cement Mfg Facility

41. History – Operated 1904 to 1970s Process – Heating Limestone to Create Cement Cement Kilns Power House Machine Shops

42. Cement Mfg Facility Regulatory Files Review – No Record of Spills / Releases

43. Cement Mfg Facility

44. Environmental Legacy – Asbestos – Shallow Soil B(a)P and Pb Direct Contact VOC, PAH, RCRA Metals, PCB (MCA)

45. Cement Mfg Facility

46. Technical Challenges – Asbestos – Vapor Intrusion (VI) – Shallow Soil

47. Cement Mfg Facility Technical Solution – Asbestos Abatement – Soil Excavation – Activity & Use Limitation Commercial /Industrial Use

48. Cement Mfg Facility Timeline Phase I – Jan 2008 / May 2014 Phase II – Dec 2010 Demolition/Remediation – Sep 2012 NFA Letter – Jun 2014 INOD – Nov 2014 FNOD – Feb 2015 CNS – Nov 2015

49. Forging/Casting Facility

50. History – Operated prior to 1938 to 2004 Process – Iron & Steel Manufacturing Kilns / Furnaces Machining Operations – Trench Drains to collect machining oils

51. Forging/Casting Facility Regulatory Files Review – CERCLA Removal Action Deteriorating Drums Overturned Kilns Open Containers – UST Shown on Sanborn Maps

52. Forging/Casting Facility

53. Environmental Legacy – CERCLA Enforcement – GW Arsenic – Deep Soil – Aromatic Hydrocarbons TPH Saturation

54. Forging/Casting Facility

55. Technical Challenges – CERCLA Enforcement – Historical UST – GW Arsenic – Deep Soil – Vapor Intrusion – Potential Metals in Slab

56. Forging/Casting Facility Technical Solution – Agency Comfort Letter – Ground Penetrating Radar – Soil Excavation – Background Soils Evaluation – ORP Analysis – Vapor Intrusion Modeling – Dislodgeable Metals Testing & Particulate Emissions Model – Activity & Use Limitations Commercial /Industrial Use, GW Limitation

57. Forging/Casting Facility Timeline Phase I – Dec 2013 Phase II – Oct 2014 Remediation – Oct 2014 NFA Letter – Oct 2014 INOD – Jan 2015 FNOD – Apr 2015 CNS – Jul 2015

58. Plating Facility

59. History – Operated 1924 to 1996 Process – Pickling & Plating Operations Lab Plating Lines Spent Solutions

60. Plating Facility

61. Regulatory Files Review – Former RCRA Generator F006, F007, F008 – Waste Management Violations – USTs – Heating Oil – ASTs / Drums Acids, Caustics, Flammable Solvents, CN Waste

62. Plating Facility Environmental Legacy – CERCLA Enforcement – GW VOC Plume (PCE & Degradation Products) Arsenic, Lead, Chromium, Nickel, Thallium, Cyanide – Shallow/Deep Soil VOCs, SVOCs, Pesticides, PCBs, Metals

63. Plating Facility

64. Technical Challenges – CERCLA Enforcement – GW VOC Plume – Vapor Intrusion (VI) – Shallow Soil – Deep Soil – USTs

65. Plating Facility Technical Solution – Agency Comfort Letter – GW Transport Model Redefine the Boundaries of the VAP Property – Shallow Soil – MCA, Background Metals Evaluation Redefine the Boundaries of the VAP Property – Deep Soil Redefine the Boundaries of the VAP Property – UST Removal – Activity & Use Limitation Commercial /Industrial Use

66. Plating Facility Timeline Phase I – Sep 2012 / Jan 2015 Phase II – May 2014 / Jan 2015 UST Removal – Dec 2014 NFA Letter – Jan 2015 INOD - Apr 2015 FNOD – Jul 2015 Amendment – Change in Ownership – Dec 2015 CNS – Feb 2016

67. New NFA Review Process Smaller Streamlined NFA Letter -30 Day Review -90 Day Review – EC or O&M Plan CP Response to Comments -35 Day Timeframe

68. New NFA Review Process Time is Money OLD RULE NEW RULE

69. Lessons Learned Look Outside of the Box Ensure Completeness, Accuracy & Precision Redefine the Limits Manage Change Technical Assistance

70. Questions & Answers

71. Martin Smith – Ohio EPA DERR Manager 614-644-4829 martin.smith@epa.ohio.gov http://epa.ohio.gov/derr Michael P. May, PE, CP – KERAMIDA Senior Project Manager 513-769-9057 mmay@keramida.com www.keramida.com Contact Information