Blase Leven KSU TAB Program Mickey Hartnett MAP/Envirofields Mary Ahlstrom MAP/MA Environmental May 21-23, 2012

Transcription

1 TRP Workshop Region 7 Tribes Blase Leven KSU TAB Program Mickey Hartnett MAP/Envirofields Mary Ahlstrom MAP/MA Environmental May 21-23, 2012

2 Site Inventory to Cleanup Cleanup & Verification Site Discovery Public Record T R P Inventory Assessment Prioritization 5/21/2012 2

3 What will we cover? General Overview of TRP Site Work Phase I & II Assessments Establishing Cleanup Stds. & Cleanup Decision Making Cleanup Approval & Certification Contracting TRP Work Development of Tribal Solid Waste & TRP Codes 5/21/2012 3

4 How will we do that? A combination of: A Video of Tribal TRPs Power Points Exercises Discussion Your Input & Questions 5/21/2012 4

5 Introductory Video Presentation 5/21/2012 5

6 Overview of TRP Site Work The Law Small Business Liability Relief and Brownfields Revitalization (SBLRBRA, hereafter referred to as the Brownfield Law ) passed by Congress in Amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA aka Superfund) 5/21/2012 6

7 The Law Added: Section 128(a) ASSISTANCE TO STATES (1) IN GENERAL. (A) STATES. The Administrator may award a grant to a State or Indian tribe that: (i) has a response program that includes each of the (four) elements, or is taking reasonable steps to include each of the elements. 5/21/2012 7

8 Tribal Response Program Therefore: Congress built upon the previous EPA brownfield activities and provided EPA with expanded authority to fund other activities that build capacity for state and tribal response programs. This created the: Tribal Response Program (TRP). 5/21/2012 8

9 Goals of EPA TRP Funding Generally to increase tribal cleanup capacity and: 1) to ensure that tribal response programs include, or are taking reasonable steps to include, certain elements; and 2) to provide funding for other activities* that increase the number of response actions conducted or overseen, by a tribal response program. (*including Site Specific Activities) 5/21/

10 US EPA Guidance A secondary goal of the 128(a) grant is to provide funding for other activities that increase the number of response actions conducted or overseen by a tribal response program. Therefore, tribes may use 128(a) funds for activities that improve tribal capacity to increase the number of sites at which response actions are conducted under the tribal response program. 5/21/

11 US EPA Guidance Allows for site-specific activities that establish and/or enhance the response program and be tied to the four elements of State or Tribal Programs: survey & inventory oversight & enforcement public participation cleanup plan approval process, verification & certification 12

12 When can we do real work? How do we conduct an assessment and cleanup of a Brownfield or other tribal sites? Can you clean out my dog house? (and sample it too? ) 5/21/

13 What site work can we do? What site activities are fundable under the 128(a) TRP Grant? You can sample & clean out my dog house for Free! 5/21/

14 US EPA Guidance Eligible site-specific activities include: conducting assessments or cleanups at brownfield* sites; * 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. (Public Law (H.R. 2869) - Small Business Liability Relief and Brownfields Revitalization Act, signed into law January 11, 2002) 15

15 US EPA Guidance Eligible uses of grant funds... for site-specific activities... (continued): Re-use planning, requests for proposals (RFPs), quality assurance project plans (QAPPs), sampling & analysis plans (SAPs), cleanup plans and verification, related reports, etc. oversight/verification of cleanups at non-brownfields sites. other activities all must be in Work Plan negotiated with EPA. 16

16 Tribal Phase I Assessments

17 Contracting Site Assessments: Phase I &

18 Phase II Environmental Site Assessment Work- Sampling

19 Brownfield Grant Cleanups

20 Tribal 128(a) Funded Cleanups

21 Assessment and Response Actions at Open Dum

22 Emergency-Spill Response & Oversight

23 Tribal Oversight & Assessments: (Know the Hazards)

24 Site-Specific Activities & the Four Elements of TRPs Cleanup & Verification 4) Cleanup Approval, Verification, Certification Site Discovery Public Record T R P 2) Oversight & Enforcement Procedures Codes & Ordinances 3) Public Participation Inventory Assessment Prioritization 5/21/

25 US EPA Guidance EPA approval is required before any 128(a) grant funds can be obligated or expended on site specific activities. Section 128(a) funds for site specific activities can only be used for assessments or cleanups at sites that meet the definition of a brownfield as defined under CERCLA 101(39). This includes petroleum contaminated brownfield sites. 26

26 US EPA Guidance This approval is normally obtained by providing EPA with sufficient information, through submission of a Site Specific Eligibility Determination request, to review the site eligibility for such funding and compliance with the Law and applicable EPA policies. (consult your EPA Region for specific information needed) 27

27 To This & Eventual Reuse Change This

28 With This (Southern Utes Tribal Multi-purpose Bldg.) Replace This

29 Ina Nez Perce Director Tribal Env. Dept. Fort Belknap Indian Community, MT

30 Example of Programming Site Specific Activities into Work Plan Winnebago TRP Program Winnebago Work Plan 31

31 Special Guest State of Nebraska Charlene Sundermann NDEQ Brownfields Program 32

32 TRP Workshop Region 7 Tribes Blase Leven KSU TAB Program Mickey Hartnett MAP/Envirofields Mary Ahlstrom MAP/MA Environmental 5/21/