DEQ Waste and Remediation Division Programs

1
DEQWaste and Remediation Division Programs

• Michael McCurdy
• Ground Water and Remediation Section Manager
• Boise Regional Office

2
Brownfields Program

• Focus Vacant or Underutilized Property
• Sites where reuse or redevelopment is complicated
  by actual or perceived environmental
  contamination, including petroleum
• DEQ Brownfield Assessment
• No cost to applicant
• EPA Brownfields
• Targeted Brownfield Assessment (similar to DEQ )
• Grants for assessment and cleanup
• http//www.epa.gov/swerosps/bf/pubs/08brochure.pd
  f

3
Brownfields Program

• Former City and/or County Dumps and Landfill
  Properties
• DEQ conduct site assessments
• Must have a redevelopment plan
• Cleanup of Brownfields properties
• Reuse Idaho Brownfields Coalition (Brownfields
  Revolving Loan Fund)
• Low interest loan
• Community Reinvestment Pilot Initiative
• Rebate of 70 of cleanup costs up to a maximum of
  150,000 per site
• All Pilot slots currently filled

4
Mining Abandoned/Inactive Sites

• Preliminary Assessment Program
• Evaluate and prioritize potentially contaminated
  sites
• Properties with inactive/abandoned mines
• Map the mine sites
• Identify physical hazards
• Collect water and mine waste samples
• Work with property owner to cleanup site
• Voluntary Cleanup Program

5
Ground Water Rule

• Ground Water Rule (IDAPA 58.01.11.400.01)
• No person shall cause or allow the release,
  spilling, leaking, emission, discharge, escape,
  leaching, or disposal of a contaminant into the
  environment in a manner that
• a. Causes a ground water quality standard to be
  exceeded (standards are identified in IDAPA
  58.01.11.200)
• b. Injures a beneficial use of ground water or
• c. Is not in accordance with a permit, consent
  order or applicable best management practice,
  best available method or best practical method.

6
Ground Water Rule

• Ground Water Rule (IDAPA 58.01.11.150/300)

7
Ground Water Rule

• Ground Water Rule (IDAPA 58.01.11.401)
• New provisions regarding mining activity
• Setting points of compliance (two alternatives)
• Meet Ground Water Standards everywhere
• Request points of compliance
• Application process (2500 fee)
• Monitoring and reporting requirements
• Effective July 1, 2009
• http//www.deq.idaho.gov/rules/deq_rulemaking.cfm
  groundwater

8
Water Quality Rule Petroleum, Hazardous and
Deleterious Materials

• Water Quality Standards (IDAPA 58.01.02) defines
  release as
• Any unauthorized spilling, leaking, emitting,
  discharging, escaping, leaching or disposing into
  soil, groundwater, or surface water.

9
Water Quality Rule Petroleum

• IDAPA 58.01.02.851 Water Quality Standards
• Requires clean up and reporting of used oil and
  petroleum releases by owners and operators
• Contain and immediately clean up an above ground
  spill only after mitigating any fire, explosion
  and vapor hazards.
• An above ground spill exceeding 25 gallonsshall
  be reported to DEQ within 24 hours and owners
  shall begin corrective action.
• Note 58.01.02.851.04.a includes spills causing a
  sheen on surface water
• An above ground spill less than 25 gallonsshall
  be reported to DEQ only if cleanup cannot be
  accomplished within 24 hours.

10
Water Quality Rule Petroleum

• IDAPA 58.01.02.852 Water Quality Standards
• Describes process for petroleum release response
  and corrective action
• Release Report submittal to DEQ
• Free Product Removal
• Investigations for Soil and Water Cleanup
• Corrective Action Plan

11
Water Quality Rule Petroleum

• Not just tied to Underground Storage Tanks
• Aboveground Storage Tanks, even though not
  regulated by DEQ
• Heating Oil Tanks, even though not regulated by
  DEQ
• Equipment and vehicles

12
Water Quality Rule Hazardous Materials

• IDAPA 58.01.02.850 describes response to
  hazardous material releases.
• In the case of an unauthorized release of
  hazardous materials to state waters or to land
  such that there is a likelihood that it will
  enter state waters, the responsible persons in
  charge must
• 01. Stop Continuing Spills.
• 02. Contain Material.
• 03. Department Notification Required. Immediately
  notify the Department or designated agent of the
  spills.
• 04. Collect, Remove and Dispose.

13
Water Quality Rule Hazardous and Deleterious
Materials

• Water Quality Standards (IDAPA 58.01.02.800)
  states
• Hazardous and deleterious materials must not be
  stored, disposed of, or accumulated adjacent to
  or in the immediate vicinity of state waters
  unless adequate measures and controls are
  provided to insure that those materials will not
  enter state waters as a result of high water,
  precipitation runoff, wind, storage facility
  failure, accidents in operation, or unauthorized
  third party activities.

14
Water Quality Rule Hazardous Materials

• Hazardous Material (. IDAPA 58.01.02.10.40)
• A material or combination of materials which,
  when discharged in any quantity into state
  waters, presents a substantial present or
  potential hazard to human health, the public
  health, or the environment.

15
Water Quality Rule Deleterious Materials

• Deleterious Material (IDAPA 58.01.02.10.16)
• Any nontoxic substance which may cause the
  tainting of edible species of fish, taste and
  odors in drinking water supplies, or the
  reduction of the usability of water without
  causing physical injury to water users or aquatic
  and terrestrial organisms.

16
Water Quality Rule Hazardous and Deleterious
Materials

• Examples of hazardous and deleterious materials
  from Water Quality Standards (IDAPA
  58.01.02.800)
• Such material includes, but is not limited to,
  trash, rubbish, garbage, oil, gasoline,
  chemicals, sawdust, and accumulations of manure.
  

17
Standards and Procedures for Application of Risk
Based Corrective Action at Petroleum Release Sites

• New rule effective upon adjournment of 2009
  legislative session (IDAPA 58.01.24)
• Risk evaluation process to be used in conjunction
  with Water Quality Standards (IDAPA 58.01.02.852)
  for petroleum site cleanup

18
BRO Ground Water and Remediation Program Contacts

• Ground Water Lisa Rowles, 373-0183
• USTs Chris Bowe, 373-0166
• LUSTs Mark Van Kleek, 373-0510
• Brownfields Eric Traynor, 373-0565
• Hazardous Waste Eileen Loerch, 373-0469
• Remediation Michael McCurdy, 373-0296
• Mining Michael McCurdy, 373-0296