CERCLA & Brownfields

Brent Everett (UT), ASTSWMO President

EPA Office of Land and Emergency Management (OLEM):

• Acting Assistant Administrator Barry Breen
• Deputy Assistant Administrator Carlton Waterhouse

Department of Defense:

• Assistant Secretary of Defense for Energy & Environment Resilience Richard Kidd

Introduction of the Candidates for Vice-President: Past-President Conchita Taitano (GU)

• Amy Brittain, OK DEQ
• Matt Jones, NH DES
• Millie Garcia-Serrano, MA DEP

New Jersey Department of Environmental Protection: Implementation of New Jersey’s Environmental Justice Law

• Olivia C. Glenn, Deputy Commissioner, Environmental Justice & Equity
• Sean Moriarty, Deputy Commissioner, Legal, Legislative & Regulatory Affairs

Morgan Stanley: Maximizing Positive Impact Through Your Investments

• Lily Trager, Managing Director, Head of Investing with Impact, Morgan Stanley Wealth Management

ASTSWMO Gives Back Video

JACOBS: How economic inclusion, and social, racial, and environmental justice techniques can be used for focused equity initiatives. Victoria Johnson, Social Value/Equity Practice Leader

Presentation

Recipient: Gerald Hardy

This session will provide presentations from the ASTSWMO CERCLA Post Construction Focus Group, and the ASTSWMO Brownfields Focus Group on their recent projects. The ASTSWMO CERCLA Post Construction Focus Group will present their recent work that focuses on challenges for States with Institutional Controls implementation and strategies for improved success. The Group will share aspects of Institutional Controls, including evaluation, regulatory controls, success stories, and things to think about during the IC implementation process. The ASTSWMO Brownfields Focus Group will present their “2020 State Brownfields Program Analysis” which was published on February 11, 2021. The goal of this project was to gather and share data and the key components from all State brownfield programs, which resulted in a robust data set that is a true reflection of the nation’s brownfield programs.

Presentation

This session will provide an opportunity for States to learn how EPA is implementing Environmental Justice and climate change through the Superfund and Brownfields programs, Justice 40, technical assistance and resources. States will also hear how Minnesota uses Environmental Justice for their site prioritization, as well as how they communicate with Environmental Justice communities regarding their sites and results. Further discussions will take place to talk about topics like the difference between Environmental Justice communities compared to disadvantaged communities, as well as where to begin with Environmental Justice for States who do not have the traditional Environmental Justice communities.

Presentation

This session will highlight three emerging wastes from renewable energy sources: wind turbine blades, solar panels, and electric vehicle (EV) batteries. After brief remarks by speakers to introduce each waste stream and frame issues, the session will turn to an interactive discussion among speakers and attendees. There will be time for attendees to bring up other wastes of interest to them. The session is intended to gather issues and information, including how States and Territories (States) manage the wastes, to help inform a joint fact sheet by the ASTSWMO Materials Management and Hazardous Waste Subcommittees. Attendees are asked to bring their ideas and experiences to engage in the discussions.

Presentation

The Release Prevention Task Force and EPA OUST will provide brief presentations about temporary closure requirements, including the results of a recent information request that gathered data from States on the subject. The session will conclude with an open discussion of temporary closure requirements.

Presentation

Hear a few of the results from the 2020 State Fund Survey, as well as what is planned for the new State/Territory Annual Tanks Update on the Salesforce platform. We will be discussing how the new Update, starting in 2022, will be a comprehensive survey of funding mechanisms for release prevention, investigations and cleanups in State Fund, Private Insurance, and Hybrid States and Territories.

Presentation

Michigan and Illinois have the second and third highest number of open incidents in the nation, respectively. To identify reasons, staff from US EPA’s Office of Underground Storage Tanks and US EPA’s Region 5 office completed a “deep dive” into Michigan’s data in 2020 and is currently working with Illinois to complete data analysis on their open incidents. This session will discuss the information found during Michigan’s data analysis along with proposed strategies to reduce their open incidents and will include an update on the preliminary information found during Illinois’ data analysis.

Presentation

This session will provide perspectives from State Regulators on risk management implementation and considerations throughout the MMRP process. The presentation will begin with an overview of the MMRP including munitions hazards, risk assessment, and risk management. Next, speakers will introduce challenges States encounter at MRSs specific to interim risk management, protectiveness and remedy selection, and long-term stewardship, and discuss the State’s role in these activities. The session will conclude with brief presentations from the DoD and US EPA on risk management activities.

Presentation

This session will include an overview of the top issues that the four Task Forces (Beneficial Use; Radiation; Solid Waste Disposal and Conversion; and Sustainable Materials Management) within the Materials Management Subcommittee are working on, along with the opportunity for attendees to discuss and recommend future work needed in Materials Management.

Presentation

EPA Updates: • Opening Remarks • National Recycling Strategy and National Recycling Goal • U.S. Government Accountability Office (GAO) Report on Recycling • Sustainable Management of Food • Electric Arc Furnace Slag • Non-Hazardous Secondary Material (NHSM) Scrap Tire Fact Sheet Emerging Wastes (batteries, solar panels, wind turbines)

Presentation

As more States and Territories reach their implementation dates, with many seeing a high rate of sump testing failures, there is a need for quality repair options and procedures. While certainly offering some level of assurance of product performance, no testing regimen can fully account for installation workmanship or guarantee the performance of products after long term exposure in actual field conditions. This session will discuss some of the options that are out there and what some States require for repair to sumps. Issues dealing with used sump test water will also be discussed.

Presentation Bios and Abstracts

Remedial technologies are used in every State to address contamination, but are there consequences to remediation? This session will focus on sites where a remedial technology was implemented to clean up the petroleum contamination, but other unintended contamination resulted from the remediation.

Presentation Bios and Abstracts

This session will focus on the reduction of State revenues and potential impacts to the State UST programs in the future. Attendees will learn how the switch to electric vehicles will not only affect state funds but will also make connections to issues of environmental justice. Find answers to questions like “How many fuel consuming cars are being replaced by electric vehicles?” and “Who will UST funds be serving?”. Following presentations from the NGA and Coltura, attendees are invited to participate in a Q&A session to discuss the future of the State UST fund programs.

Presentation Bios and Abstracts

This session will focus on the Investigation and Remedy Selection Focus Group project on climate resiliency and sustainability of remedies by presenting case studies on how States have dealt with climate change during the cleanup of a site.

Presentation

EPA OBLR Updates (current topics): • Grant Timing and Schedules • Transition Information and Questions • What are the challenges States are facing?

EPA Updates: • Opening Remarks • National Permitting Oversight Policy (NPOP) • National RCRA Permitting Priorities • Corrective Action 2020 Goals Results and 2030 Goals Implementation Planning • PFAS Petitions • e-Manifest Program and Implementation • Generator Compendiums • Generator Improvements Rule Citation Crosswalk • SQG Re-Notification • Pharms Rule FAQs • Lithium Ion Battery Webpages • RCRA EJ Community of Practice

Presentation

Disposal of very low-level radioactive waste can have an impact on hazardous waste and solid waste facilities. The session will discuss what agencies regulate radioactive material, what exactly they regulate and how they interact.

Presentation

The Environmental Justice (EJ) movement emerged in the early 1980s due to the recognition of the presence and impacts of treatment, storage, and disposal facilities for toxic substances being disproportionately found in racial minority and high-poverty communities across the country. With this recognition came Executive Order 12898 in 1994, which established EJ offices in the U.S. EPA, Department of Justice, and other federal agencies. Many of the same issues brought to the forefront in the 1980s are still being faced in these communities. In this session, U.S. EPA will highlight their initiatives on EJ as well as EPA’s general EJ programs, policies, and implementation within OLEM. Additionally, representatives from State agencies will highlight their agency’s approaches to EJ and how they are being implemented within their agency’s waste programs.

Presentation Bios and Abstracts

Building off of the first session on EJ, this session will focus on a more specific examination of EJ at federal facility cleanups. Representatives from the EPA OLEM, U.S. Department of Energy and State of Alaska will share information about successes and challenges in implementing EJ principles and policies at federal facilities. The session will end with a moderated discussion among participants to share recommendations on how to address EJ at federal facilities in the future.

Presentation Bios and Abstracts

EPA OECA and EPA OLEM: COVID-19 & Inspections and the EPA OLEM and EPA OECA NPM Guidance’s • Susan Bodine, Assistant Administrator, EPA OECA • Peter Wright, Assistant Administrator, EPA OLEM

Theme: Resiliency Dr. O’Grady will discuss creating greater resiliency for dealing with uncertainty and ensuring a growth mindset for greater success and happiness.

Presentation

This webinar will provide participants with an overview of the U.S. General Services Administration’s role in ensuring compliance with applicable environmental requirements during the transfer and disposal of federal properties.

Presentation 1 Presentation 2

During this webinar representatives from three State programs will share strategies to assist States with assessing costs of cleanup technologies and identifying and preventing against fraud in State reimbursement programs.

Presentation 1 Presentation 2 Presentation 3

The ASTSWMO CERCLA Post Construction Focus Group developed a checklist in June called, Preparing Post-Construction Cleanup Sites for Natural Disasters. This checklist is to help States in identifying efficient and effective measures for preparation in advance of potential natural disasters to aid in the identification of likely concerns following a natural disaster. This webinar will go through the checklist with case studies and examples to show how this checklist can be used.

Presentation

• ASTSWMO Position Paper on Recycling: Cathy Jamieson (VT), Chair, ASTSWMO Materials Management Subcommittee
• EPA Draft National Recycling Strategy and National Recycling Goals and Metrics: Caroline Emmerson, Meghan Radtke, Ron Vance, EPA ORCR
• Current State of the Recycling Industry: David Biderman, Executive Director, SWANA

Presentation 1

This webinar will share examples of how several State UST programs have adapted to the pandemic including the development of new safety policies and procedures for employees, owners, and operators, implementation of new outreach and oversight methods, and a discussion of what has and has not worked.

Presentation

Public outreach and community involvement is one of the most important jobs States and lead Federal agencies have when working on remediation projects. Outreach and looking at ways to engage our communities in meaningful community participation during the life cycle of our projects is essential. Due to COVID-19, we have had to shift ways to engage the public and in-person public meetings may not be possible. This challenge has led to innovation on using different platforms and tools on how to perform engagement remotely. This 90- minute session will share success stories and challenges from the U.S. Environmental Protection Agency (EPA), Department of Defense (DoD) and States

Presentation

The Recycling session covered the following topics:

• ASTSWMO Position Paper on Recycling: Cathy Jamieson (VT), Chair, ASTSWMO Materials Management Subcommittee

• EPA Draft National Recycling Strategy and Draft National Recycling Goals: Caroline Emmerson, Meghan Radtke, Ron Vance, EPA Office of Resource Conservation and Recovery (ORCR)

• Current State of the Recycling Industry: David Biderman, Executive Director and CEO, Solid Waste Association of North America (SWANA)

Presentation 1 Presentation 2 Presentation 3