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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.

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Presentation on theme: "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."— Presentation transcript:

1 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 OCC opens case and determines owner/operator at time of release Insufficient evidence to make determination OCC opens Suspicion of Release (SOR) case Conduct abbreviated investigation Reliable and sufficient information Initial Site Assessment ORBCA Tier IA ORBCA Tier II Sufficient data? Release above action levels? Onsite concentrations exceed RBSLs? Onsite concentrations exceed SSTLs? OCC confirms release Remediation NO YES Final Report to OCC Acronyms 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 Pre Application Conference with DEQ Proposed Development Plan Identify subsurface infrastructure Obtain DEQ Checklist & Guidelines Submit Work Plan and QAPP to DEQ Including: Sampling & Analysis Plan Health and Safety Plan Title Search Operational History Risk Assessment Remedial Option Evaluation Site Characterization Sign DEQ MACO for Site Characterization Oklahoma Brownfields Redevelopment ENVIRONMENTAL DECISION TREE Oklahoma Brownfields Redevelopment Refined petroleum contamination from storage tanks suspected / confirmed Hazardous materials suspected / confirmed OR Is petroleum contamination co-mingled? NO YES NO YES CONTACT INFORMATION Environmental Protection Agency Region 6 – (214) Oklahoma Corporation Commission Petroleum Storage Tank Division – (405) Pollution Abatement Department – (405) Oklahoma Department of Agriculture, Food, & Forestry Consumer Protection Services Division – (405) Oklahoma Department of Environmental Quality Land Protection Division – (405) Air Quality Division – (405) Oklahoma Department of Labor Asbestos Division – (405) ext. 250 Oklahoma Energy Resources Board Environmental Director – (405) Is cleanup required? DEQ Issues Closeout Letter A YES OCC closes SOR must provide evidence of well plugging and sampling material disposal before receiving final letter DEQ Pre Application Phase DEQ Site Characterization Phase Final Closure Letter Case can be reopened OCC closes case under identified risk Application to Brownfields Program* Formal Public Participation Remedial Activities * DEQ review time is days. Includes administrative and technical reviews. Project Proponents have up to 180 days to respond to a notice of deficiency. Final Report 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 DEQ Issues Certificate of Completion with EPA Concurrence Voluntary Cleanup Program/ Sign DEQ Consent Order for Cleanup May Require Some Public Participation Remedial Activities Final Report Confirmation Sampling Changes from Work Plan DEQ State Voluntary Cleanup Program 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 DEQ Issues Closeout Letter at Completion YES NO YES NO Apply for Financial Assistance, if Available Apply for Assessment Grant, if Available Is cleanup required? Brownfields Eligibility Assessment and Cleanup of some properties may be eligible for funding under EPAs 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 B YES NO No further regulatory involvement. Continue with redevelopment activities. Is additional site assessment needed prior to cleanup? NO Perform necessary level of assessment Requires DEQ oversight if cleanup will be conducted under DEQs Brownfields Program or VCP YES NO Petroleum contamination or brine from oil and gas sites, pipelines, or tank farms suspected / confirmed Perform Limited Site Assessment Are cleanup levels met? Submit information and request closure Final Closure Letter Case can be reopened YES NO (option) Perform cleanup to Category or site- specific RBCA standards, or demonstrate stabilization / no receptors. Restore site surface for beneficial use Optional step Identify RBCA Pathway Optional administrative law hearing NO OCC Guardian Program OCC LUST Trust and Indemnity Fund Programs 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 divisions website, Contact Local Brownfields Program Coordinator Contact DEQ, Land Protection Division A Contact OCC, Pollution Abatement Department and consult with staff A Contact OCC, Petroleum Storage Tank Division to report analytical data and historical ownership A LEGEND General process Decision point Contact with agency required Alternate process Termination point Primary path Alternate path 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) Version: 8/2006 RC hires OCC-licensed remediation consultant OCC opens confirmed Notice of Release (NOR) case Municipal or Regional Brownfields Program Does RC desire State & CERCLA liability relief? YES What is nature of contamination? HAZARDOUS / OTHER NON-PETROLEUM PETROLEUM –BASED Tank related? NO YES (OPTIONAL) C Is cleanup required? Does RC desire State & CERCLA liability relief? NO DEQ Issues Certificate of No Action Necessary NO YES Sign Consent Order for Remediation ASBESTOS YES NO YES NO Performing demolition or renovation? Contact Oklahoma licensed asbestos inspector/ management planner for survey YES NO Can asbestos be managed in place? Assume asbestos is present (Note: If Brownfields funding will be used, sampling must be performed) Is asbestos present? NO Will activities impact asbestos? YES Prepare Operations and Maintenance (O&M) Plan Note: O&M contractor may use their own O&M Plan Contact licensed asbestos abatement contractor Prepare abatement Plan and submit to DOL Submit notification to DEQ, Air Quality Division OR A LEAD BASED PAINT Is a child- occupied facility or housing part of project? Contact Oklahoma licensed lead based paint inspector for survey ARE THE FOLLOWING TYPES OF CONTAMINANTS SUSPECTED? HAZARDOUS OR PETROLEUM PCBs & OTHER TOXICS NO YES NO YES PESTICIDES NO YES Are PCBs mixed with other contaminants? Address concerns for worker/occupant safety as required Potential for contamination? NO PROPERTY IDENTIFIED Perform All Appropriate Inquiry (Phase I Environmental Site Assessment) prior to acquisition. Must be compliant with ASTM E Is property or structure a Brownfield? No further regulatory involvement. Continue with redevelopment activities. YES NO B 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: C Contact EPA Region 6 A Contact Department of Agriculture, Food, & Forestry A NO Notes 1. Contaminants such as polychlorinated biphenyls (PCBs) that are regulated under the Toxic Substances Control Act (TSCA) are EPAs jurisdiction. DEQ will oversee cleanup of TSCA substances, especially when mixed with other chemicals, but cannot provide liability relief. 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 DEQs 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. D D2D2 D1D1 Municipalities and other local governmental entities may offer technical and financial assistance for Brownfields redevelopment projects. Refer to Legend item C. D3D3 D3D3


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