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.pdf

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 gallons…shall 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 gallons…shall 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