DTSC BROWNFIELDS Services Maryam Tasnif-Abbasi California Environmental Protection Agency Department of Toxic Substances Control Brownfields Coordinator RESOURCES FOR SUSTAINABLE REDEVELOPMENT AND LAND RECYCLING May 2017
Department of Toxic Substances Control One of the oversight agencies under the Cal EPA umbrella Investigations and cleanups promote economic development and reinvestment Subject to standards developed to protect human health and the environment Regulatory and funding tools offered as incentives
DTSC s Intake Process & Tools
Voluntary Agreement Process DTSC receives an application In some regions, DTSC PM is assigned at this point DTSC & RWQCB determine lead agency DTSC works with Applicant to finalize agreement Agreement is executed In some regions, DTSC PM is assigned at this point Document review DTSC team is assigned Based on project needs, Project work begins
Types of Voluntary Agreements Fee for Service Voluntary Cleanup Program (VCP) includes: Voluntary Cleanup Agreement California Land Reuse and Revitalization Act Agreement Consultative Service Agreements Prospective Purchaser Agreements Environmental Oversight Agreements with local agencies
Voluntary Cleanup Agreement - VCA Most commonly utilized DTSC agreement 30-day termination clause by either party Not an enforceable agreement Applies to most sites and most parties
CLRRA Agreement California Land Reuse and Revitalization Act of 2004 provides limited liability protections Widely used by developers who are not Responsible Parties Applies to: Bona fide purchasers Innocent landowners Contiguous property owners Bona fide prospective purchasers Ground Lease Tenants (not exercised yet)
Consultative Services Agreement - CSA Also known as a Reimbursement Agreement Not-to-Exceed value contract Flexible tool, especially for: Exploring development options Obtaining consultation from DTSC staff Initial step to a specific agreement Can not be used for the regulatory approval of a decision document
Prospective Purchaser Agreement Includes a covenant not to sue Can t be Responsible Party or affiliate DTSC won t pursue enforcement of Prospective Purchaser (PP) if: PP does not contribute or exacerbate contamination Operation will not result in health risk PP allows access for cleanup Does not conduct unauthorized disposal Other viable parties will conduct cleanup Must demonstrate substantial benefit as an outcome of the redevelopment
Environmental Oversight Agreement - EOA Jointly developed with former Redevelopment Agencies Extended to agencies involved with redevelopment Allows agency to act without designation of Responsible Party Facilitates investigative/cleanup actions taken under Polanco Redevelopment Act Can be used for consultation or specific projects AB 440 (Gatto Act) is being considered as an extended version of the EOA
AB 440 Gatto Act Another tool under the Voluntary Cleanup Program Addresses post-redevelopment agency issues by transferring similar authorities to other agencies Agreement is similar to the Environmental Oversight Agreement
VCP Scope of Work Project Consultation Phase I Environmental Site Assessment State and Federal All Appropriate Inquiries (AAI) Compliance Evaluation Preliminary Endangerment Assessments (PEA) Supplemental Site Investigation (SSI) Remedial Investigations/Feasibility Studies (RI/FS) Health Risk Assessment Removal Action Workplans (RAW) Remedial Action Plans (RAP) Compliance with the California Environmental Quality Act (CEQA) Remedial Design (RD) Remedial Implementation Plan Operation and Maintenance Plan (O&M), and Implementation of Land Use Covenant (LUC)
DTSC Brownfields Process Agreement Executed Scoping Meeting Investigation or PEA* Additional Investigation Cleanup Public Participation & CEQA** Cleanup Implementation No Further Action Land Use Restriction? Land Use Restriction? * PEA = Preliminary Endangerment Assessment ** CEQA = California Environmental Quality Act No Further Action Long Term Measures? No Further Action
Example
Vivante Senior Living, Westside Costa Mesa Former aerospace manufacturing facility purchased for residential development CLRRA Agreement was best fit Tetrachloroethylene contamination from on and off property sources Vapor mitigation system installed Long term operations and maintenance required
Vivante Senior Living Before
Vivante Senior Living Today
Agreement Executed Scoping Meeting Investigation or PEA* Additional Investigation Cleanup Public Participation & CEQA** Cleanup Implementation No Further Action Land Use Restriction? Land Use Restriction? * PEA = Preliminary Endangerment Assessment ** CEQA = California Environmental Quality Act No Further Action Long Term Measures? No Further Action
Funding
Available Funding Programs Statewide assessment assistance Regional assessment assistance Loans and grants for environmental cleanup
Statewide Assessment Assistance Targeted Site Investigation Program (TSI) ~$300,000 available Open to public agencies and non-profits, or in partnership Annual competitive application process No direct funding; DTSC s contractor performs work Stepping stone to apply for EPA grants
Targeted Site Investigation Program Competitive application process Four sites were selected for the last cycle School construction on vacant land Re-use of a former lumber production property Low income housing development on vacant land Grants range from $40,000 to $150,000 in assessment services ACCEPTING APPLICATIONS THROUGH JULY 11 TH 2017!
Loan & Grant Program for Cleanup Available through EPA s Revolving Loan Fund Program Low-cost financing for environmental cleanup Public or private entity owners of the brownfield eligible for loan Public agencies and non-profits eligible for grants Must not be a responsible party for the contamination
Revolving Loan Fund Program Currently accepting applications Over $1,600,000 available for loans Types of projects have included: Low income housing Private housing Open space Hiking trails Schools Community development projects
Fellowship Garden of Love at Holmes Avenue, Los Angeles Los Angeles Neighborhood Land Trust was the RLF grantee ~$100,000 allocated for soil removal In the vicinity of the Del Amo superfund site Goal to ensure that property was suitable for park development Local agency was the lead regulatory agency for soil cleanup One of LA s first communal community gardens Fresh fruits and vegetables may be planted and harvested by anyone in the community Partnership with the Martin Luther King Jr Community Health Center
Fellowship Garden of Love at Holmes Avenue - Before
Fellowship Garden of Love at Holmes Avenue - After
Questions? Maryam Tasnif-Abbasi Senior Environmental Scientist Brownfields/128(a) Grant Coordinator Brownfields and Environmental Restoration Program Department of Toxic Substances Control Land Line: 714 484 5489 Mobile: 714 222 3485 E-mail: Maryam.Tasnif-Abbasi@dtsc.ca.gov