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Home My WebLink About23022_Chapel Hill Police Property_PMPresentation_202205016 Department of Environmental Quality North Carolina Brownfields Program May 16, 2022 1 NC Brownfields Program NC Brownfields Program Authorized by the NC Brownfields Property Reuse Act of 1997 Mission – Facilitate the safe reuse of contaminated property Voluntary program Prospective Developers (PDs) must apply into the program Only for those who did not cause or contribute to contamination Result is a legally-binding set of documents with land-use restrictions designed to make the site safe for its proposed reuse Project Numbers: More than 650 recorded Brownfields Agreements 200+ Active Eligible (in process) 40+ Pending Eligibility Reviews Investments of $25 Billion in NC since the program began 2 Department of Environmental Quality 2 What is a Brownfields Property? Brownfields Property is an “Abandoned, idled, or underused property where redevelopment is hindered by real or perceived environmental contamination.” Brownfields redevelopment came about due to effect of Superfund liability – any owner responsible for environmental cleanup Financial institutions wouldn’t lend money on contaminated or potentially contaminated sites Led to negative economic and societal consequences 3 Department of Environmental Quality 3 Brownfields Environmental and Economic Benefits 4 Provides more certainty from a financial liability perspective Protects public health by either removing contaminants or breaking the pathways for exposure to contaminants Provides public benefits (jobs, medical facilities, addressing food deserts, affordable or workforce housing) Liability protection (historic contamination) and tax benefits for PD and future owners Increased revenue for local taxing authorities 4 State Brownfields Role 5 NC Brownfields Program provides: Coordination with EPA and grantees for EPA-funded BF sites Guidance or requirements for safe redevelopment Brownfields Agreements (BFA): Recorded land-use restrictions that run with the land/annual certification obligation Environmental liability protection to non-causative party and future owners as long as abide by the BFA Property tax incentives for qualifying improvements Post-recordation, continued property management 5 State Brownfields Role 6 NC Brownfields Program does not: Affect State’s ability to enforce against responsible party Usurp local governmental zoning authority Waive any requirement for any permits or certifications by other regulatory bodies 6 NC DEQ Brownfields Process Eligibility Review Contaminant/Data Gap Assessment Environmental Risk Assessment/Exposure Pathway Analysis Environmental Risk Management Evaluation Brownfields Agreement Document Preparation and Review Public Notice and Comment Period Recordation at County Register of Deeds Post-recordation Property Management (ongoing) 7 Department of Environmental Quality 7 NC DEQ Brownfields Process Eligibility Review Log-in Brownfields Property Application (BPA)/assign BF project number Conduct eligibility review of BPA against eligibility checklist Decision as to eligibility determined PD notified that eligible in a Letter of Eligibility (LOE) or not eligible in a Letter of Response Project assigned to a Brownfields Project Manager 8 Department of Environmental Quality Eligibility Review 8 NC DEQ Brownfields Process Contaminant/Data Gap Assessment Evaluate data provided with application (Phase I & II ESA Reports) Evaluate relevant DWM site files Conduct data gap meeting – request additional assessment as necessary to evaluate environmental risk posed by contaminants at the Brownfields Property All relevant media (soil, groundwater, exterior soil gas, sub-slab vapor, indoor air) Factor in redevelopment plans (type of use/building footprint/sub-grade features) Receptor Survey Review and approve assessment work plans and reports 9 Department of Environmental Quality Contaminant Data Gap Assessment 9 NC DEQ Brownfields Process Environmental Risk Assessment Evaluate contaminants in each applicable environmental medium (soil, groundwater, exterior soil gas, sub-slab vapor, indoor air, surface water, and/or sediment) Compare results against known regulatory standards or screening levels (2Ls, 2Bs, PSRGs, VISLs) – create Ex.2 Enter results into DEQ risk calculator(s) that quantifies the level of environmental risk for exposure scenarios (e.g., residential uses, nonresidential uses, etc.) The Brownfields Program runs its own risk assessment through the DEQ risk calculator 10 Department of Environmental Quality Environmental Risk Assessment 10 NC DEQ Brownfields Process Exposure Pathway Analysis: Purpose is to answer the question: Could people be exposed to site-related contaminants based on redevelopment? A contaminant source and its location is identified Answers questions like: How does the contaminant move or change in the environment? How would people come in contact with the contaminant? How does the contaminant enter a person’s body? Would people in the community be exposed? Evaluate if exposure pathways are complete. If so, evaluate the options to render these pathways incomplete Risk-based remediation addresses applicable exposure pathway components to break the exposure pathway 11 Department of Environmental Quality Exposure Pathway Analysis 11 NC DEQ Brownfields Process Environmental Risk Management Evaluation Purpose: Look at the risks assessed and determine how to manage those in the Brownfields Agreement (land-use restrictions) Calculator output against acceptable environmental risk range for incremental cancer risk (1E-04 to 1E-06) and noncancer risk hazard index threshold (1.0) Determine if mitigation or remediation necessary based on future use and exposure pathway analysis and if it is, what it will look like. Examples: Prohibition on groundwater use Vapor intrusion mitigation system 12 Environmental Risk Management Evaluation Department of Environmental Quality 12 NC DEQ Brownfields Process Brownfields Agreement Document Production Brownfields Agreement is a legally enforceable contract that identifies: Background/summary of site use Work to be performed Land Use Restrictions (LURs) – developed based on site-specific factors and evaluation of risks from risk assessment Legal obligations Also includes: Site Vicinity Map, Contaminant Data Tables, Survey Plat and Legal Description, Public Notice/Ancillary Documents 13 Brownfields Agreement Department of Environmental Quality 13 NC DEQ Brownfields Process Typical Land Use Restrictions (LURs) include: Intended land reuses/may prohibit certain land uses depending on environmental risk assessment and management decisions Media-specific LURs (groundwater use, soil disturbance, vapor intrusion, surface water, etc.) Environmental Management Plan Soil Import/Export and Final Grade Sampling Redevelopment Summary Report Access Issues Annual Land Use Restriction Update This is not a comprehensive list. 14 Brownfields Agreement – Land Use Restrictions Department of Environmental Quality 14 Brownfields Project: Chapel Hill Police Department Timeline - Chapel Hill Police Property Brownfields Project 2013-2020 – Environmental Assessment Activities August 2018 – Remedial Measures Evaluation April 2019 - Brownfields Property Application (BPA) Received October 2019 – Letter of Eligibility (LOE) Issued October 2019 – Review and approval of an EMP for the interim remedial measures (IRM) 2020 – IRM Implemented under a Brownfields-approved EMP April 2021 – Interim Remedial Measures Report May 2021 – Human Health and Ecological Risk Assessment Report October 2021 – Risk Assessment Report Spring 2022 – BF Program preliminary review of assessment data collected to date by the Town; discussions with Town re: development, zoning and next steps 15 Department of Environmental Quality 15 Next Steps: Additional assessment to address identified data gaps Geotechnical analysis of site by developer Completion of local zoning process by the Town Decisions by the Town and developer regarding the scope of the development Brownfields Program conducts its own environmental risk assessment based on redevelopment to inform the Brownfields Agreement (BFA) Environmental risk management decisions by Brownfields Program Drafting and negotiation of BFA documents, including site-specific land use restrictions 16 Department of Environmental Quality Brownfields Project: Chapel Hill Police Department 16 NC DEQ Brownfields Process Brownfields is a public process – designed to make the site safe for its proposed reuse Public comments are always welcome – statutory public comment period when BFA documents agreed upon between the PD and the State Documents used for the BFA will be available through the DEQ’s Laserfiche portal Town website about this site: https://www.townofchapelhill.org/residents/community-sustainability/coal-ash-disposal-site-remediation-project#!/ NC Brownfields Website (includes inventory map): www.ncbrownfields.org 17 Key Take-Aways Department of Environmental Quality 17 NC Brownfields Program Contacts 18 Bruce Nicholson, Program Manager bruce.nicholson@ncdenr.gov 919.707.8330 Sharon Poissant Eckard, Eastern District Supervisor sharon.eckard@ncdenr.gov 919.707.8379 Laura J. Leonard, Public Information Officer Laura.Leonard@ncdenr.gov 919.707.8233 18