DTSC BROWNFIELDS ServicesMaryam Tasnif-Abbasi

California Environmental Protection AgencyDepartment of Toxic Substances Control

Brownfields Coordinator

RESOURCES FOR SUSTAINABLE REDEVELOPMENT AND LAND RECYCLING

May 2017

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

Department of Toxic Substances Control

DTSC’s Intake Process & Tools

Voluntary Agreement Process

DTSC & RWQCB

determine lead agency

DTSC works with Applicant

to finalize agreementAgreement is executed

In some regions,

DTSC PM is assigned

at this point

Document reviewDTSC team is assigned

Based on project needs,

Project work begins

DTSC receives

an application In some regions,

DTSC PM is assigned

at this point

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

Types of Voluntary Agreements

Most commonly utilized DTSC agreement

30-day termination clause by either party

Not an enforceable agreement

Applies to most sites and most parties

Voluntary Cleanup Agreement - VCA

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)

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

Consultative Services Agreement - CSA

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

Prospective Purchaser Agreement

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

Environmental Oversight Agreement - EOA

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

AB 440 Gatto Act

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)

VCP Scope of Work

DTSC Brownfields Process

* PEA = Preliminary Endangerment Assessment** CEQA = California Environmental Quality Act

Additional Investigation

No Further Action

Land Use Restriction?

No Further Action

Land Use Restriction?

Long Term Measures?

No Further Action

Cleanup Implementation

Public Participation &

CEQA**Cleanup

Investigation or PEA*

Scoping MeetingAgreement Executed

Example

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, Westside Costa Mesa

Vivante Senior Living Before

Vivante Senior Living Today

* PEA = Preliminary Endangerment Assessment** CEQA = California Environmental Quality Act

Additional Investigation

No Further Action

Land Use Restriction?

No Further Action

Land Use Restriction?

Long Term Measures?

No Further Action

Cleanup Implementation

Public Participation &

CEQA**Cleanup

Investigation or PEA*

Scoping MeetingAgreement Executed

Funding

Statewide assessment assistance

Regional assessment assistance

Loans and grants for environmental cleanup

Available Funding Programs

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

Statewide Assessment Assistance

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 11TH 2017!

Targeted Site Investigation Program

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

Loan & Grant Program for Cleanup

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

Revolving Loan Fund Program

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, Los Angeles

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