With the new available housing supply critical in San Diego and across the country during the current housing crisis, affordable housing options for low-income people in need are more important than ever. Below are several examples of recent Brownfields projects that have been or are under development by affordable housing developers to benefit the critical needs of the developmentally disabled and seniors.
Mercy Housing, Villa de la Vida – Mercy Housing Corporation (MHC) redeveloped a creek-front Poway site with multiple former leaking underground storage tanks (USTs) into Villa de Vida, a home for adults with developmental disabilities. The site had been historically used as a San Diego County Department of Public Works Road Station with fueling stations operating from 1942 to 1998 and had several leaking USTs, which had impacted the soil and groundwater with gasoline. In addition, operations at former structures on the site had caused elevated lead concentrations in shallow soil from lead-based paint and asbestos in materials used for building construction. The UST case was closed in 2004 but left behind petroleum hydrocarbon impacts in both soil and groundwater. Working under the regulatory oversight of the County of San Diego Department of Environmental Health, MHC hired SCS Engineers to perform Phase I and II Environmental Site Assessments. SCS prepared and implemented a Soil Management Plan (SMP) to ensure proper management and removal of lead- and petroleum hydrocarbon-bearing soil to ensure the safety of future residents and the environment in the development area, including the adjacent Poway Creek.
Community Housing Works, North Park Seniors – The North Park Seniors Project is San Diego’s first LGBT senior housing project. The housing was built in an area historically developed as early as 1921 with previous commercial and residential land uses. Due to the historical land uses at the site, which included a former blacksmith and horse stables circa 1921, elevated concentrations of lead were present in the soil that exceeded residential screening levels. To protect human health for future residents and workers and save costs on soil disposal at a landfill, SCS proposed a unique plan. In collaboration with Community HousingWorks, the County of San Diego Department of Environmental Health, and the project design team, lead-bearing soil could be reused or safely buried beneath the project during grading activities. The plan also greatly reduced the amount of truck traffic and greenhouse gas emissions during site preparation.
RD Brown Company and EAH Housing – Imperial Seniors – A former gasoline service station in the City of Imperial is being redeveloped into an assisted senior living facility. The project has gasoline impacted soil, groundwater, and currently has an open unauthorized release case overseen by the Regional Water Quality Control Board. The Water Board allows the proposed development to move forward while the case is still open, provided that a vapor barrier is installed beneath the proposed building and groundwater remediation and monitoring continue until gas/benzene levels in groundwater meet acceptable levels. Construction is on schedule to start in 2022.
Save the Date for Land Recycling!
Seize the opportunity to meet with colleagues working to reuse, rebuild, and revitalize communities through land recycling! This June, the Center for Creative Land Recycling (CCLR), U.S. EPA Region 9, and the CA Department of Toxic Substances Control’s (DTSC) Office of Brownfields will host the third California Land Recycling Conference (CALRC) in person in Carson, CA. The Conference offers an exciting space to learn, connect, and be inspired.
CALRC will focus on the most timely issues unique to California and resonate with the national big-picture, including affordable housing, vapor intrusion, funding, and equitable development. As evidenced by the Bipartisan Infrastructure Law (BIL), Build Back Better, and other federal and state revitalization priorities, we see historic investment in brownfields, climate, and economic revitalization. And California is leading the charge.
Come reuse, rebuild, and revitalize! Save the date for June 21-23, 2022, in Carson, CA!
Introduction
Contamination at thousands of shopping centers across California from previous business operations presents problems for property owners who wish to continue commercial use, redevelop, and maintain property value. Commercial property remediation targets returning these buildings and land to predevelopment conditions, presenting opportunities for reuse and redevelopment.
One property owner discovered that securing adequate funding and working closely with state and regional regulatory agencies leads to success despite changing regulations and oversimplifying regulatory health risk assessment methods. The Draft Cal-EPA Supplemental Vapor Intrusion Guidance (DSVIG) suggests changes to the methods in which vapor phase transport and potential health risks are modeled and calculated for occupants of buildings with known soil or groundwater contamination beneath them. These changes, the result of a multi-year working group collaboration, recommend an arguably more conservative calculation of indoor air quality. The changes rely on EPA work and guidance, with empirically derived attenuation factors (AFs), which will increase the number of sites requiring additional environmental assessment and mitigation to achieve health risk standards. Although the DSVIG is currently draft guidance, there is evidence that regional regulatory agencies have already adopted AFs in calculating indoor air quality.
Diamond Bar Commercial Center Assessment and Mitigation
Drucker Survivors Trust owns and operates a multi-tenant commercial building in Diamond Bar, California, including a dry cleaner at one time. The former cleaners caused an unauthorized release of dry cleaning solvent containing chlorinated volatile organic compounds to the subsurface during its operation.
Financing for this all too common situation requires environmental due diligence in the form of research commonly completed in a Phase I Environmental Site Assessment followed by an assessment to characterize potential liabilities associated with chlorinated solvent releases before lenders provide funding.
Regulatory oversight in California can either be voluntarily engaged or involuntarily if assessment activities on an adjacent or nearby property indicate the presence of chlorinated volatile organic compounds in the subsurface linked to dry cleaning operations in the vicinity.
The Drucker Survivors Trust sought approval from the applicable regulatory agency, Los Angeles Regional Water Quality Control Board (LARWQCB), to assess and mitigate the chlorinated solvent release to ensure the protection of human health and reduce environmental liabilities associated with the property.
Regulatory closure is the acceptance of assessment and remediation activities by the governing regulatory entity to bring the site into compliance. Compliance, in this case, required assessment and mitigation of beneficial use groundwater underlying the property impacted by the solvent release and completing soil vapor assessment and health risk screening calculations under current state and federal guidelines.
Guidance on vapor assessment and associated health risk screening methods have changed rapidly in California state environmental regulations. As environmental engineers and consultants, SCS professionals manage an extensive list of vapor assessment, health risk assessment, and vapor intrusion mitigation projects resolving these vapor–related issues.
To start this project, the SCS team prepared a successful grant application securing more than $650,000 in funding from the California State Water Resources Control Board’s Site Cleanup Subaccount Program (SB 445, established in 2014). This state-provided grant money enables the assessment and mitigation necessary to close with the LARWQCB.
Subsurface assessment activities defined the extent and scale of chlorinated solvent impacts to soil vapor, soil, and groundwater, enabling the design of a remediation program. To reduce the groundwater contamination to cleanup levels set by the LARWQCB, SCS Engineers designed and implemented an injection program to deliver engineered chemicals directly to the groundwater plume. The injected chemicals destroy the chlorinated solvents via in situ chemical reduction and stimulation of biological degradation.
While challenging drilling conditions precluded previous consultants from attempting groundwater remediation, SCS industry experts safely achieved up to a 99 percent concentration reduction within the groundwater plume. SCS designed a soil vapor assessment that relied more on site-specific data collection and less on conservative default assumptions while conforming to the most current regulatory guidance targeted at minimal impact on the building tenants.
SCS managed all aspects of the project, including grant requirements and communication between the client, regional and state water board staff, city staff, and subcontractors. Obtaining and managing entrance under state waste discharge requirements is necessary, and SCS completed all necessary permitting and reporting requirements to facilitate the groundwater mitigation activities. Careful planning and experience with similar projects minimized impacts on tenants and kept the project on a strict timeline with no missed regulatory deadlines. SCS continues working with the LARWQCB to conclude the client’s final closure requirements and is in the process of applying for an additional $900,000 in SCAP funding to implement the final stages of the project targeted at obtaining final regulatory closure.
Changes Coming to Regulatory Guidance
Recent changes to regulatory guidance in California are arguably making obtaining closure on sites with vapor intrusion health risk concerns more difficult to achieve. The Draft Cal-EPA Supplemental Vapor Intrusion Guidance (DSVIG) suggests changes to the methods in which vapor phase transport and potential health risks are modeled and calculated for occupants of buildings with known soil or groundwater contamination beneath them. These changes, which result from a multi-year working group collaboration, recommend a more extensive and site-specific data collection effort. They include indoor air quality calculation methods relying on EPA work and guidance and empirically derived attenuation factors (AFs) which some would argue lead to overestimating potential health risks.
The consequences of the DSVIG are potentially significant if adopted as is and appear likely to result in more sites being “screened in” with vapor intrusion issues and more sites requiring mitigation. The impact, resultant costs, and possibly detrimental secondary effects such as decreases in affordable housing production, particularly in urban infill areas. And while none would argue with appropriate protection of health risk, the question is whether the studies and empirical data used to support the DSVIG represents the best available science and is truly representative and predictive of risk.
The DSVIG adopts an attenuation rate of 0.03 for the flux of both soil and sub-slab vapor to indoor air based on a previous 2012 EPA Study comprised of empirical data collected from buildings arguably not representative of modern construction in California.
The development of a reliable screening level attenuation factor for California based on high-quality, recent, California-specific data:
1) Will be protective of human health, as no toxicological imperative or basis supports a call for accelerated or immediate action (as evidenced by the fact that the DSVIG workgroup commenced its work in 2014 and issued the review draft in 2020).
2) Will ensure California’s environmental policy satisfies the gold standard for data quality and insightful analysis in which the state once took pride.
3) Will not unnecessarily decimate the California housing development market. The empirically derived screening level AF in the DSVIG is overly conservative based on the available data. More accurate empirical data and measurement methods for site-specific measurement are available.
With respect, oversimplifying the VI health risk assessment methods has constrained the environmental community’s ability to apply science-based health risk screenings, often resulting in costs associated with additional environmental assessment and mitigation. An additional revision to the DSVIG to utilize a screening level AF more reflective of the current California data and building specifications could save state resources, increase infill development by reducing urban sprawl, promote housing development, all while protecting human health.
About the Author: Keith Etchells is a professional geologist and hydrogeologist with over two decades of experience assisting clients in managing environmental risks associated with ownership, transfer, or operation of commercial, industrial, and waste disposal properties. His particular technical expertise involves aspects of groundwater science and engineering relevant to contaminated sites and landfills, including supervision and conduct of subsurface data acquisition, remedial design and implementation, conceptual site model development, aquifer testing, extraction well design, groundwater quality evaluation and treatment, vapor intrusion health risk assessment and mitigation, predictive modeling, and contaminated soil and groundwater remediation design.
He is responsible for designing analytical, geotechnical, and hydrogeological data collection programs to complete subsurface assessment and remediation. He has prepared subsurface assessment documents, property mitigation plans, vapor intrusion risk assessment documents, soil management plans, aquifer characterization documents, conceptual site models, and groundwater remedial design and implementation documents.
Application Process for $275M in California Grants Opened Jan. 31
A couple of months ago, I wrote about the opportunities and challenges of getting brownfields back into productive use. There are certainly viable strategies for remediation of contaminated property that will make them safe for a range of developments. Of course, the cleanup costs are a significant factor in any project analysis. But the state of California is providing some assistance that could make more brownfield sites pencil out for redevelopment.
I am happy to report in this article that the passage of SB 158 by the California legislature provides $500 million in cleanup funding for brownfields. Approximately $270 million of that total is targeted for grants.
The California Department of Toxic Substance Control (DTSC) administers the Equitable Community Revitalization Grants funded through SB 158. On January 31 of this year, the DTSC started accepting full applications for these grants. The application window closes on April 4, 2022, with award announcements expected on May 31, 2022.
The DTSC gives the highest priority for grants in disadvantaged communities with significant housing needs.
$270 million is a big investment. The USEPA has a similar program, with typical funding for the entire country, of less than $100 million (https://www.epa.gov/newsreleases/epa-announces-selection-151-communities-receive-665-million-brownfields-assessment-and). Since DTSC started accepting applications at the end of January, nonprofits, public agencies, municipalities, tribes, and private developers must act quickly.
Eligible entities may apply for ECRG grants for properties they own or control in high poverty areas with a CalEnviroScreen score of 75 percent or more for reuse. DTSC will also accept applications outside of the CalEnviroScreen score of 75%+ if the proposed reuse provides significant community benefit.
As I outlined in my previous article, it is important to have a risk management strategy that includes a thorough understanding of the environmental issues on the site and how those issues can impact your redevelopment plans and bottom line. Environmental and legal support experienced in identifying, anticipating, and managing risks on brownfields is critical to success.
There are an estimated 200,000 brownfields currently identified in California, many of which are useful for housing after remediation. Many of these sites are in the urban core and perfectly fit infill strategies for solving the housing crisis by reducing commute times and related greenhouse gases.
An example of such a project is COMM22 in San Diego, developed by BRIDGE Housing, in which SCS provided environmental oversight during remediation. COMM22 is a mixed-use, mixed-income, transit-oriented development located at Commercial and 22nd streets in San Diego.
The site where COMM22 stands today was a former San Diego Unified School District vehicle maintenance and general maintenance facility. The site included leaking underground storage tanks and fill soils containing various metals, including lead.
After successful remediation, the parcel today hosts 211 affordable housing units, including apartments for low-income seniors (including HUD-subsidized units), supportive housing for youth transitioning out of the foster care system, and eleven townhomes for low- and moderate-income families.
Many more badly needed projects, like COMM22, could become a reality thanks to SB 158. If you have a brownfield in mind that fits the criteria or have questions about the grant application process, contact the Center for Creative Land Reuse (www.cclr.org). CCLR partners with the DTSC to give free assistance in applying for funding.
About the Author: Luke Montague is a Vice President of SCS Engineers and a Project Director. He is a Professional Geologist and licensed contractor with nearly two decades of experience in environmental consulting, general contracting, commercial and residential development, and property and asset management. He has performed and reviewed over 500 Phase I environmental site assessments (ESAs) and has completed subsurface investigations, human health risk assessments, removal action work plans, site remediation activities, geotechnical investigations, asbestos and lead-based paint surveys, and asbestos air monitoring.
Learn more about funding and land remediation here.
Recent changes to regulatory guidance in California are arguably making obtaining closure on sites with vapor intrusion health risk concerns more difficult to achieve. The Draft Cal-EPA Supplemental Vapor Intrusion Guidance (DSVIG) suggests changes to the methods in which vapor phase transport and potential health risks are modeled and calculated for occupants of buildings with known soil or groundwater contamination beneath them. These changes, which result from a multi-year working group collaboration, recommend a more extensive and site-specific data collection effort. They include indoor air quality calculation methods relying on EPA work and guidance and empirically derived attenuation factors (AFs) which some would argue lead to overestimating potential health risks.
The consequences of the DSVIG are potentially significant if adopted as is and appear likely to result in more sites being “screened in” with vapor intrusion issues and more sites requiring mitigation. The impact, resultant costs, and possibly detrimental secondary effects include decreases in affordable housing production, particularly in urban infill areas. And while none would argue with appropriate protection of health risk, the question is whether the studies and empirical data used to support the DSVIG represents the best available science and is truly representative and predictive of risk.
The DSVIG adopts an attenuation rate of 0.03 for the flux of both soil and sub-slab vapor to indoor air based on a previous 2012 EPA Study comprised of empirical data collected from buildings arguably not representative of modern construction in California. The development of a reliable screening level attenuation factor for California based on high-quality, recent, California-specific data:
1) Will be protective of human health, as no toxicological imperative or basis supports a call for accelerated or immediate action (as evidenced by the fact that the DSVIG workgroup commenced its work in 2014 and issued the review draft in 2020).
2) Will ensure California’s environmental policy satisfies the gold standard for data quality and insightful analysis in which the state once took pride.
3) Will not unnecessarily decimate the California housing development market. The empirically derived screening level AF in the DSVIG is overly conservative based on the available data. More accurate empirical data and measurement methods for site-specific measurement are available.
Oversimplifying the VI health risk assessment methods has constrained the environmental community’s ability to apply science-based health risk screenings, often resulting in costs associated with additional environmental assessment and mitigation. An additional revision to the DSVIG to utilize a screening level AF more reflective of the current California data and building specifications could save state resources, increase infill development by reducing urban sprawl, promote housing development, all while protecting human health.
Take a deeper dive into this topic in the Daily Transcript article Vapor intrusion rules hamper infill projects.
The Department of Toxic Substances Control’s Office of Brownfields’ Equitable Communities Revitalization Grant (ECRG) provides funds to incentivize cleanup and investment in disadvantaged areas of California. ECRG is setting a new path for land use that will have immediate and lasting benefits for communities, parks and green spaces, commercial enterprises, and housing.
Apply for grant funding to help Californian government units, nonprofit organizations, and Tribes assess, clean up and reuse idled and contaminated properties in the state’s environmental justice communities.
The application deadline is April 4, 2022.
Don’t miss this unique opportunity for grant assistance to clean up and revitalize our communities.
“The Infrastructure Investment and Jobs Act, signed into law last month, will dedicate more than $1.5 billion to the U.S. EPA Brownfields program. The Act includes hundreds of millions of dollars allocated to Multipurpose Grants, Assessment Grants, Cleanup Grants, Revolving Loan Fund Grants, and technical assistance intended to improve equity, create jobs, and mitigate environmental degradation.”
CCLR has provided the expected breakdown and timelines from EPA. The EPA has hundreds of millions of dollars allocated for FY22 that will be applied for in July and awarded in November 2022. This timeline is different and with much larger individual grants possible, up to $10mil per grant.
SCS Engineers has a stellar win rate for brownfields grant writing and implementing brownfields programs. Please let our brownfields and remediation experts know if you have any questions or if we can provide assistance in grant support.
Click here to learn more and obtain support and funding for your community’s brownfields project.
Progressive energy companies are rushing to corner the growing hydrogen market, excited as they see this renewable fuel’s cost steadily drop and as they prioritize decarbonization.
As they work to stay ahead of the pack, they need to put time and thought into building out and implementing these projects. There are complex technical and regulatory considerations; safety is also priority one at every step when managing this flammable, compressed gas.
As the market takes off, there is a need for scaled development along the whole supply chain, and some developers are rising to the occasion for more control and more opportunity. Rather than only build fueling stations, they buy into vertically integrated hydrogen networks to produce, transport and distribute hydrogen. But these multifaceted projects present even more complexity— calling for a team with highly specialized, comprehensive skill sets.
SCS Engineers supports energy companies and contractors looking to diversify their hydrogen services portfolio to include building production plants, including moving the gas via pipeline or truck to offload at fueling stations, ultimately selling to consumers.
“We enter these strategic partnerships to give our clients what they are looking for: a full spectrum of competencies and services; and a proven history of working on hydrogen to deliver turnkey projects. The idea is to take the environmental burden off clients as they pursue these major undertakings,” says Nathan Eady, an SCS vice president, and project manager.
SCS makes site selection; performs environmental due diligence and remediation; feasibility analysis; design and construction of environmental controls; land use, air, and water quality permitting.
The contractors’ specializations are detailed design, engineering, and construction management–from civil to structural to mechanical and fire protection.
This team meets all environmental and regulatory design requirements and develops process safety management and risk management plans with their combined expertise. They also take on the role of community educator, explaining the unique attributes of hydrogen and easing any concerns.
“We take science and engineering and translate that for neighbors and city councils. It’s important to show communities, as well as regulators, that these facilities are designed and operated with the utmost safety,” Eady says.
Requirements vary from jurisdiction to jurisdiction. But with a national reach, SCS sails through processes and regulations by region.
“That matters to our clients; they want to get through the detailed permitting steps and launch as soon as they can to maintain their competitive edge. And when they plan to expand into other regions, they like to know they already have a vetted team in place who knows the territory and can do the work there,” he says.
Permitting and technical considerations vary by location and production method, whether via steam methane reforming (SMR) or electrolysis.
Some operators are taken off-guard by the air quality permitting requirements associated with SMR facilities − or the stringent wildlife and water quality regulations encountered with the larger footprint photovoltaic systems requiring open space to support electrolysis. SCS has the expertise to address the issues, whether state-specific cap and trade regulations for carbon emissions or air basin specific criteria pollutants. SCS also has the unique talent of finding brownfield sites or closed landfill properties, making excellent receiver sites for electrolysis and solar facilities near existing infrastructure.
Building hydrogen projects on these idle properties can save developers significant time and money in the overall project outcome.
“We do a lot of brownfield work helping to clean and redevelop these properties. These sites have special permitting considerations, especially since they typically have a history of industrial use,” Eady says.
SCS performs Phase I Assessments to research records on previous use, and if the team finds a potential problem, they move to Phase II, which entails groundwater and soil testing.
“If we find evidence of existing contamination, we reconcile it so our clients can move forward with the development of their new facilities,” Eady says.
SCS is seeing a growing interest in building hydrogen projects on closed landfills. As brownfields, they have value for their open space and often have some existing infrastructure, offsetting the cost of building new.
“We have done permitting and design work on several closed landfills, sometimes adding solar systems. Hydrogen projects leveraging electrolysis require a tremendous amount of electricity, and when we can bypass the grid enabling clients to make their own electricity, it’s a major plus,” Eady says.
Lately, large energy companies are pivoting from conventional oil and gas to hydrogen, and some smaller, young companies are also joining the clean renewables movement.
SCS has gotten interest from startups looking to obtain government grants and subsidies. Some of these firms need more process engineering support to ensure their new technology can operate at a cost and environmental efficacy equivalent to larger operations.
“We use our knowledge gained working with major conventional energy companies to support these new hydrogen firms in executing successful launches. All in all, a positive trend.”
Together, SCS and its partners play an integral role in helping to see hydrogen continue to climb the energy sector ranks, maintaining an excellent record of accomplishment supporting the planning-design-build of clean-energy plants.
Additional Resources
Popular Mechanics recently published an article entitled The Pungent History of America’s Garbage Mountains. The article starts with a little-known ferryman on Lake Michigan when a storm beached his craft on an offshore sandbar in July 1886. Thus started Chicago’s open dump on today’s Lake Shore Drive, home to landmarks such as the Museum of Contemporary Art, the Wrigley Building, the Chicago Tribune Tower, Northwestern University, and the Magnificent Mile – all on turn-of-the-century garbage.
Transportation centers, stadiums, and even entire neighborhoods are now built on landfills. This is a fascinating, well-written article on the history and possibilities of building on remediated properties and brownfields.
“Landfill redevelopment projects tend to be real estate projects, and you know what matters in real estate: location, location, location,” says Mike McLaughlin of SCS Engineers, who specializes in brownfields and landfill redevelopment. “A landfill in an urban area might be the only piece of open land in that area. People go to extraordinary lengths to redevelop because the property is so valuable.”
Michael W. (Mike) McLaughlin has been elected to the Virginia State Bar Environmental Law Section Board of Governors. His four-year term began on July 1. Mike began his career with SCS as a summer intern as a rising sophomore at Virginia Tech. After receiving his civil (environmental) engineering degree, he received his J.D. from Washington & Lee University School of law. He has been with SCS ever since, applying his combination of law, science, and engineering expertise to environmental matters. His knowledge helps businesses and communities protect air, water, and land resources while serving the needs of their clients or constituents.
McLaughlin recalls his early career choices: “It was exciting to work on some of the earliest research projects sponsored by the then-new Environmental Protection Agency. I chose W&L Law because it had Professor Andrew (Uncas) McThenia on its faculty. Uncas was a Virginia State Water Control Board member and taught one of the few environmental law classes in the country. When I told him he was the reason I came to W&L, Uncas apologized and said he would not teach environmental law anymore—the field had too much politics involved. That was an early and important lesson for me.
“Not to worry,” says Mike. “Turner Smith of the Hunton & Williams law firm taught the environmental law class; he was one of the country’s most well-known Clean Air Act attorneys. His knowledge of the subject matter and teaching ability inspired several of us to seek careers in the field.”
Mike is SCS Engineers’ Senior Vice President of Environmental Services. He advises developers, contractors, lenders, and land development professionals on the technical and regulatory requirements for construction on brownfield sites nationwide. Landfill redevelopment is an area of special interest. His combined engineering and legal background provides an unusual perspective on land development where hazardous wastes or other environmental challenges are present.
In addition to his extensive brownfield redevelopment experience in North America, Mike has worked at more than three dozen Superfund National Priorities List sites in 17 states and on scores of regulatory compliance, voluntary cleanup, and remediation projects for commercial, industrial, municipal, and military clients. His work for electric utilities began in 1980 with research on upgrading solid waste management and has evolved to support greenhouse gas mitigation measures and support the transition to renewable energy.
Mike’s new role with the VSB builds on his decades of experience with the American Bar Association Section of Environment, Energy, and Resources, where he is completing a two-year term as Budget Officer and a member of the Executive Committee.
Corporate Headquarters
3900 Kilroy Airport Way Suite 300
Long Beach, CA 90806
Telephone
1 (800) 767-4727
1 (562) 427-0805 | FAX
Contact Us
