Program One Cleanup Program PA DEP and Region 3 EPA. Nick Molina Chief Special Projects Land Recycling Program

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1 Pennsylvania Land Recycling Program One Cleanup Program Memorandum of Agreement PA DEP and Region 3 EPA Nick Molina Chief Special Projects Land Recycling Program

2 Purpose of the MOA PA DEP and EPA Region III signed Memorandum of Agreement on April 21, 2004 The MOA clarifies how sites remediated under Pennsylvania s Land Recycling Program may also satisfy requirements for three key federal laws: The Resource Conservation and Recover Act (RCRA) The Comprehensive Environmental Response Compensation Liability Act (CERCLA) The Toxics Substances Controls Act (TSCA)

3 MOA Description (Continued) Extend breadth of Federal comfort provided d under brownfields law, RCRA and TSCA Establish a One Cleanup Program within the Commonwealth Recognize PA s VCP for purposes of grant funding under CERCLA Clarify CERCLA Section 128(b) provisions related to limitations on Federal enforcement

4 MOA Description (Continued) Under the One Cleanup MOA, RCRA Corrective Action obligations and Act 2 liability relief can be met concurrently MOA makes Pennsylvania s Land Recycling Program one of the first in the nation to serve as a one-stop shop for state and federal standards guiding the cleanup of Brownfield sites

5 MOA Description (Continued) MOA provisions i apply to properties remediated d pursuant to Act 2 provisions after April 21, Multi-Agency involvement voluntary Options: PA and EPA separate EPA cleanup without pursuing Act 2 Submit for joint comfort under MOA

6 MOA Description (Continued) PA DEP and EPA Region III developed a streamline process to guide the joint efforts. Key features of the process include: Lead project managers to serve as single points of contact to client Simplification of steps on most projects Faster approvals (i.e., permitting) Agency comfort letters Result cost savings

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8 MOA Description (continued) The following properties are not eligible for consideration under the MOA: Permitted hazardous waste management units ("HWMU") regulated under 25 Pa. Code Sections 260a-270a Properties proposed to be placed on the NPL Properties placed on the NPL Properties permitted under Solid Waste Management Act or Clean Streams Law whose cleanup standards differ from the VCP

9 MOA Description i (continued) Any property where HRS package has been submitted to EPA, proposing inclusion on NPL RCRA Corrective Action Facilities approved under the VCP prior to April 2004 Properties or RCRA Corrective Action Facilities subject to enforcement action by any federal agency or DEP

10 MOA Description i (continued) To Date 24 facilities have entered into the One Cleanup Program Two Facilities have successfully completed the one cleanup process

11 Protectiveness DEP will insure that response conducted under the VCP will protect Human Health & the Environment DEP ill i f i t l DEP will require use of environmental covenants in accordance with UECA (Act 68 of 2007)

12 Revitalization Efforts in Pennsylvania 24 Facilities have entered program At least 14 sites have enough information to statistically evaluate the projected success of entering into the One Cleanup Program. There are approximately 7,123 Acres associated with these facilities

13 Revitalization i Continued 2,443 Acres are described as continued use (ongoing mfg., support activity associated with sites operation). 3,383 Acres are described as planned use (mixed commercial, residential and industrial). 856 Acres have already been reused (development has occurred) A total of 6,672 of the 7,123 (94%) acres are currently being used or are projected to be used. The remaining 451 are currently under investigation.

14 Case History Brownfield Redevelopment at the Brownfield Redevelopment at the Former Bethlehem Steel Facility Bethlehem, Pennsylvania

15 Former Bethlehem Steel Facility Bethlehem, Pennsylvania

16 Bethlehem Steel Facility Site History Consists of approx acres Site was used for iron & steel manufacturing since the mid 1800s to late 1990s Produced a wide-flanged steel beam Created the New York Skyline, Golden Gate Bridge and may other landmarks

17 Site History BethSteel declared d bankruptcy in late 1990s Sold its assets to International Steel Group (ISG) May 2004, ISG sold approx. 1,000 May 2004, ISG sold approx. 1,000 acres to Lehigh Valley Industrial Park (LVIP). Majestic Reality owns approx. 500 acres

18 Site History Conective-Mid Merit owns approx 55 acres Newmark & Co. Real Estate, Inc. owns approx. 160 acres (BethWorks)

19 BethSteel Facility Lehigh Plant (BethWorks) Former Coke Oven Facility Saucon Plant East Lehigh Plant

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22 BethWorks Parcel Redevelopment Non-Residential (possible land use change) National Museum of Industrial History Multi-Use sports, recreation, entertainment, shopping, & dining

23 Former Coke Oven Area Known as Bethlehem h Commerce Center-LVIP VII Act 2 site-specific specific standard for soils/ groundwater (pathway elimination/e&i controls) Now Intermodal business Also commercial/light industrial (warehouse distribution) Non-residential with deed restrictions titi

24 Intermodal - Before

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26 Saucon Plant Part of the Bethlehem Commerce Center-LVIP VII Act 2 site-specific standard d for soils/ groundwater (pathway elimination/e&i controls) Parcels for commercial/light industrial (warehouse, distribution, manufacturing)

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28 US Cold Storage - After

29 East Lehigh h Plant Part of the Bethlehem h Commerce Center Act 2 site-specific specific standard for soils/groundwater Approx. 55 acres of that parcel sold to Conective Mid-Merit Approx. 500 acres owned by Majestic Reality Commercial/light industrial (warehouse distribution) ib ti

30 Thank You PA Land Recycling Program =1459&Q= Brownfield Action Team =1459&Q= One Cleanup Program MOA p// p p / g/ p/ p =1459&Q= depweb state pa us/ocrlgs/cwp/view asp?a =1459&Q= keywords: land recycling or brownfields