WPSC Green Bay MGP Site Brown County, Green Bay, Wisconsin

Community Involvement Plan

September 2015 Intentionally left blank TABLE OF CONTENTS

Introduction...... 1 Describes the purpose and intended uses of this Community Involvement Plan. Site Overview...... 3 Provides the background information including the location and history of the site Community needs and concerns...... 5 Summarizes what the community members are concerned about, the questions they asked and what they told EPA Community involvement goals and activities...... 7 Highlights EPA’s goals, activities and timeline for conducting site-specific activities to keep the public informed and involved during the cleanup process. The Community...... 11 Provides background information on the city of Green Bay, profiles the economic and ethnic makeup of the community, and summarizes the community’s history.

Appendices Appendix A – List of Contacts: Provides a list of federal, state, and local agencies and neighborhood organizations ...... 15

Appendix B – Community Resources: Identifies places where community members can find more information about the sites and possible meeting locations...... 19

Appendix C – Superfund Alternative Approach information...... 21

i Intentionally left blank INTRODUCTION

The U.S. Environmental Protection Agency can participate in decision-making during the (EPA) prepared this Community Involvement site’s investigation. The agency is committed Plan (CIP) to engage and support the community to promoting effective and meaningful affected by the Wisconsin Public Service communication with the community and wants Corp. (WPSC) Green Bay Manufactured Gas to make sure the community’s concerns and Plant (MGP) site (see Figure 1). This site is information needs are considered, as activities at being cleaned up under the EPA’s Superfund the site progress. Alternative Sites program (Appendix C provides This CIP describes EPA’s plan for addressing more information about the program). This CIP these concerns and keeping residents informed provides background information on the site and and involved in cleanup activities at the site. We recommends activities for the EPA to continue will use this document as a guide to communicate to inform the public and local officials about with, and involve residents, businesses, progress at the site and to encourage community neighborhood organizations and local government involvement during the site cleanup. in Green Bay as needed. The EPA wants the members of the community to know and understand when and how they

Site Location Map

1 Intentionally left blank SITE OVERVIEW

Location and Site Features The former Green Bay MGP property is located in the city of Green Bay in Brown County. The site is located at 700 N. Adams St. and is immediately east of the WPSC offices. The property is about 4 acres in size, while the entire area that is owned by WPSC covers about 13 acres. There is also about 1 acre of contaminated sediment found in an adjacent stretch of the Lower Fox River. The site is on the south bank of the East River near the confluence of the Lower Fox River. There is a river trail located adjacent to the Lower Fox River/East Green Bay riverwalk River Shoreline. Plans for investigation of sediment, groundwater and soil at six MGP sites began after the EPA Site Background and WPSC signed a legal agreement, called a consent order, in May 2006. This agreement History allows for further investigation of the WPSC The Green Bay Gas Light Co. previously site to determine how much contamination owned the former Green Bay MGP and began remains there. The agreement also includes five operating in 1871 in a historically industrial area. other Wisconsin MGP sites in Stevens Point, In 1922, other utility companies, along with Manitowoc, Marinette, Oshkosh, and Two Rivers. Green Bay Gas Light Co., merged together and formed WPSC. Contaminants The MGP property was used to convert coal and In the process of converting coal and oil into other oil-based substances into gas for heating gas, MGPs generated waste. These MGP and lighting. These processes continued until the wastes included tars, sludges, and light oils, and late 1940s when natural gas became more readily residues containing oily substances, chemicals, available through pipelines. The MGP operated and metals. until 1947 and was dismantled in 1950. Residues are often found near MGP sites, Integrys Energy Group is currently the parent typically in soil, underlying groundwater, and company to WPSC. WPSC still owns the dirt at the bottom of lakes and rivers known as property today, except for a small portion owned sediment. MGP wastes and residues can contain by a nearby hotel. The former MGP property is a number of known and suspected cancer-causing currently a paved parking lot with the WPSC agents and other potentially hazardous chemicals. offices located west of the former MGP property.

3 Exposure to the MGP contaminants could cause Contractors sampled for oil-based compounds harmful health effects. However, because there along the Lower Fox River near the WPSC is a building and a parking lot covering the soil building. They also took sediment samples on the site, and nearby building occupants and from the river and surface-water samples from residents use city water for drinking, no one is various locations on the river. Soil samples, using currently being exposed to the MGP wastes from a machine that pulls up a “core” of soil, and the site. groundwater samples from existing monitoring wells, will be taken in 2015. In addition, some Investigation Progress new temporary monitoring wells will be installed The WPSC Green Bay MGP site is being and vapors near WPSC building will be sampled investigated by Integrys under state and federal through small holes drilled in the ground up to 10 oversight. Site investigation and soil cleanup feet deep. activities were done between 1984 and 2003. The EPA and Integrys will use the information The Wisconsin Department of Natural Resources collected from the samples to develop a document has overseen the various investigations that called a remedial investigation report, expected have taken place. In 2003, the EPA conducted in 2017, which will describe any contamination a cleanup that included excavation, thermal found in the area. treatment, and removal of about 26,000 tons of highly contaminated soil. Since then, groundwater monitoring occurs twice a year. Annual inspection of the cleaned up area (the parking lot) shows that the site remains safe for employees and visitors to the WPSC office building.

WPSC Office

4 COMMUNITY NEEDS AND CONCERNS

This section focuses on the concerns and needs the EPA heard from community members about the site. Summary of Community Interviews In January 2015, the EPA met with nine local officials, neighborhood organizations and business owners to ask them about the site. Although these people were not overly concerned, the following summary provides the answers given during the community interviews.

1 Where do you live in relation to the WPSC Green WPSC Office Bay site? (How long have you lived there?) The people the EPA spoke to also mentioned The majority of those interviewed live concerns about protecting wildlife, within a 5- to 10-mile radius of the site. especially fish. Several mentioned they Nearly all have lived in Green Bay more are worried that some people are eating than 10 years. potentially contaminated fish. There were also concerns about the spawning of 2 What do you know about the WPSC Green Bay muskies. Since muskies spawn on the east MGP site? side of the river by the pier, they asked Over half of the people interviewed were if any site activities would be an issue to not aware of the site. One person assumed the muskies. the entire area was contaminated, but didn’t One person was concerned about know about the site in particular. Several maintaining the structural integrity of the people knew about the site, but did not shoreline and river trail area if cleanup was know its history. required in those areas. Ship traffic during sampling activities in the 3 Who have you talked to about the site? river was mentioned as a potential concern. No one has talked to anyone about the site. Someone stated that the area is a recorded 4 archaeological site and suggested that a What concerns do you have about our project? cultural resource survey be completed if site activities continue. Someone voiced a concern about how future demolition of the WPSC buildings would Several people interviewed had noticed the impact redevelopment. She said the location coal piles along the river and are concerned is considered a prime real estate area. that there may be impacts from runoff into the river.

5 5 How do you typically like to receive Green 8 The EPA typically houses its documents locally Bay-area news/information? (Email, postal mail, (usually public libraries). Would/have you looked newspaper, Web, community meetings)? Would at our documents pertaining to this project at the you like to be included in an EPA email and/or Brown County Library? postal distribution list? Most of the people the EPA spoke to have Nearly everyone said they like to receive not looked at the documents about the site at news and information via Internet, email the library. and postal mail. Everyone interviewed said they would like to be included on the EPA’s 9 What types of environmental issues, in general, email and postal distribution lists. interest you? Many of those interviewed participate in 6 What type of media (newspaper, Internet, social water-related activities such as kayaking, media, radio, TV) do you rely on for Green Bay- canoeing, fishing and swimming, so water area information? quality was an important environmental The majority of those interviewed rely issue to them. on the newspaper (Green Bay Press- Air quality is another environmental issue Gazette), local television news, and social that was mentioned. media (Twitter and Facebook) to receive information about Green Bay. Are there any other people or groups you think 10 we should talk to because they have unique 7 When possible, information is posted on the information to share, or they would like to know EPA’s website. Have you visited the EPA’s more about the project from the EPA? website? The following people/groups were suggested: Only a few interviewed have visited the EPA’s website; however, most said they will »»Clean Bay Backers in the future. »»Downtown Green Bay, Inc. »»Elected officials »»Green Bay Yacht Club

WPSC Parking Lot

6 COMMUNITY INVOLVEMENT GOALS AND ACTIVITIES

When establishing the objectives for a site- specific CIP, the EPA considers several factors, including federal requirements and EPA policy that assess the nature and extent of known or perceived site contaminants and known community concerns and requests. To be effective, the CIP must meet the community’s need to know, give information in a timely manner and accommodate the community’s interests and its willingness to participate in decision-making processes. The EPA must also share information in clear terms the public can understand. WPSC Green Bap MGP Site To meet the needs of the community, to respond to information obtained during community community and the EPA and to address concerns interviews and meetings, and to meet federal and questions raised during the community requirements, the EPA has established the interviews and meetings conducted in January following objectives for community involvement: 2015. »»Enlist the support, coordination, and involvement Specific Community Involvement Activities of local officials and community leaders To address concerns and questions described in »»Monitor community interest in the site and the Community Needs and Concerns section, respond accordingly the EPA has conducted (or will conduct) »»Keep the community informed of ongoing and the following. planned site activities »»Maintain point of contact. Susan Pastor is the »»Explain technical site activities and findings in an primary contact for EPA. Ms. Pastor serves as understandable format the point of contact for community members and fields general questions about the site. For »»Get public input on key decisions technical site issues, Ms. Pastor coordinates with »»Change planned activities, where warranted, the EPA’s remedial project manager, Margaret based on community input Gielniewski. Ms. Pastor and Ms. Gielniewski are located in the EPA Chicago office. »»Update the EPA’s website regularly and provide useful information on it for the community »»Establish a toll-free number for residents to ask questions and receive information. The EPA has, or will put in place, the processes Ms. Pastor (ext. 31325) and Ms. Gielniewski to actively engage the community in decisions (ext. 66244) can be reached using the toll-free regarding the cleanup of the WPSC Green number 800-621-8431. Ask for them by name or Bay MGP site. The EPA developed this CIP to use the telephone extensions listed. ensure that there is communication between the 7 »»Maintain communication with local The repository is a collection of site-related officials. The EPA will continue to maintain documents available to the public. communication with local officials »»Establish and maintain the administrative throughout the process, when warranted.. record. A copy of the Administrative »»Share site information on the Internet. Site Record for the site can be found at the information is provided on the following EPA Brown County Public Library and at the website and will be updated as events occur: EPA Region 5 Superfund Record Center in www.epa.gov. Chicago (see Appendix B). EPA will update the Administrative Record as necessary. The »»Update and maintain the site mailing list Administrative Record provides a paper trail of and email group. A mailing list and email all documents EPA relied on, or considered, to group comprised of interested local residents, reach decisions leading to the site cleanup. organizations, businesses and officials have been established for the site. The list will be »»Place public notices. The EPA will place large updated to reflect address changes, changes in display advertisements in the local newspaper, elected officials, and to add new people. The Green Bay Press-Gazette, to announce pertinent site-related information, when The EPA typically mails written information warranted. to ensure that people who do not have access to the Internet still have a way to receive »»Evaluate community involvement and information.These lists are for EPA use only outreach efforts and make adjustments as and are not shared with outside entities. If warranted. This CIP was designed to consider someone is interested in being placed on the site- and community-specific factors as well mailing list they should contact Susan Pastor, as to comply with federal requirements. The community involvement coordinator. objectives of the community involvement program for the site and the specific activities to »»Prepare and distribute written materials. address these concerns described in this CIP are Fact sheets, letters and site updates based to a large extent on information obtained summarizing current information about the during the January 2015 interviews with nine site and describing upcoming activities may local residents and county and city officials. be prepared and distributed to those on the Although only nine people were interested in postal and e-mail lists. They are written in non- talking about this site, the EPA recognizes that technical language. changes in community perceptions, information In addition to being shared with individuals needs and population demographics can occur on the site mailing lists, fact sheets and site over time. Such changes may necessitate a updates are also placed in the information revised approach to conducting community repository and posted on EPA’s website. involvement activities. To determine whether »»Establish and maintain a site-specific the activities in this plan are achieving their information repository. EPA has set up a local intended objectives, periodic reviews may be information repository at: done to determine whether other activities are needed or whether changes to current methods Brown County Public Library outlined in this plan are necessary. If the needs 515 Pine St. of the community change, the EPA will modify Green Bay, WI the community involvement strategies to address them in a CIP revision.

8 Timeframe for Conducting Community Involvement Activities The following table presents the general timeframe for the activities described above.

Community Involvement Activities Timeframe

Maintain point of contact Completed

Establish a toll-free number Completed; publish on written materials and EPA website Maintain communication with local officials, agencies and Ongoing as needed community residents Share site information on the Internet Completed; update as needed

Update and maintain the site mailing list and email group Completed; update as needed

Prepare and distribute fact sheets and site updates If needed

Establish and maintain a site-specific information repository Completed; update as needed

Establish and maintain the administrative record Completed; update as needed

Conduct public meetings, hearings and information sessions If needed

Place public notices As needed Evaluate community involvement and outreach efforts and Periodically throughout the process make adjustments as warranted

Throughout the investigation, the EPA’s community involvement coordinator and remedial project manager will respond to questions and concerns from those interested in the site.

9 Intentionally left blank THE COMMUNITY

This section presents background information on Bay of Green Bay the city of Green Bay, profiles the economic and ethnic makeup of the community and summarizes the community’s history and past involvement at the site. Green Bay Community Profile Green Bay is the county seat of Brown County Fox River Dousman St APPROXIMATE in the state of Wisconsin. It is about 112 miles SITE LOCATION north of Milwaukee and is located at the mouth W Walnut St of the Fox River. It is the third largest city in the 54 Ashland Ave state of Wisconsin and the third largest city on the N Broadway western shore of Lake Michigan. W Mason St Adams St

Monroe Ave

The city is governed by a mayor and a city S Webster Ave council. Largely an industrial city, Green Bay has ©2015 Google Earth various meat packing and paper plants and a port. 32 Image © 2015 TerraMetrics Green Bay has many attractions and recreational WPSC Green Bap MGP Site interests, including several museums, parks, Bay Beach, Oneida Casino, and Lambeau Field, home area’s inhabitants in the 1600s. A small French of the Green Bay Packers. trading post was founded in 1634 and was one of the oldest European permanent settlements Football is a big part of Green in America. The first permanent French settlers Bay life. Green Bay’s unofficial moved to Green Bay in 1765. At that time, the nickname is “Titletown, USA” town was originally referred to as “La Bey”; for the record number of NFL however, British fur traders referred to it as championship titles the Packers “Green Bay” because the water and the shore have won. Titletown appears on assumed green tints in the early spring. The name the city seal, is used by the Green Bay Chamber Green Bay eventually stuck. of Commerce for its Web address, and appears in the name of many local businesses. The 1800s saw logging, shipping and agriculture move into the area. By 1850, the town had a The Packers play at Lambeau Field, an outdoor population of over 1,900 and included the arrival athletic stadium. It is the third largest stadium of Belgian, German, Scandinavian, Irish and in the NFL and the largest venue in the state of Dutch immigrants. The railroads arrived in the Wisconsin. Millions of people visit Lambeau 1860s, which allowed people to travel all over the Field annually. state, increasing business and trade opportunities. The earliest accounts of the history of Green This led to the paper industry becoming one of Bay began in the 17th century when Indians, the major employers in Green Bay. French voyagers, fur trappers and Jesuit Agricultural products were being exported in missionaries traveled the Fox River. Members of the late 1800s, and Green Bay was known as the the Winnebago, a Sioux-speaking tribe, were the largest flour exporting port on the Great Lakes. 11 By the mid-1930s, the port shifted from exporting For the next five years, the area sat vacant as to importing with the arrival of coal and city officials negotiated to find anchor stores petroleum coke. Today, the port mainly imports for the project. In 1977, Port Plaza Mall, a two- dry and liquid bulk commodities for northeastern story, 450,000-square-foot urban shopping mall Wisconsin’s manufacturing businesses. An was opened. For the next 20 years, downtown unlimited water supply and a source for Green Bay was considered the regional shopping hydroelectric power made Green Bay an ideal district of northeast Wisconsin. During the 1990s, location for industrial growth and development in however, due to the growth of discount centers the 1900s. and changing shopping patterns, the peak of the Port Plaza Mall was over. In the late 1950s, efforts were made to revitalize downtown Green Bay by raising money to In 1964, the town of Preble and the city of Green have the first master plan drawn up for the Bay consolidated, which almost doubled the size downtown shopping /business district. In 1960, of the city geographically. Green Bay went from the plan was approved. By 1972, businesses being Wisconsin’s sixth-largest city to the fourth- were relocated and demolition was complete. largest in population.

Green Bay Demographics According to the U.S. Census, the 2010 population of Green Bay was 104,057, which reflects a 1.56 percent increase from the 2000 census (CensusViewer.com). The following charts show additional demographic information. Races and Ethnicity in Green Bay, Wisconsin

73.3% White Alone

4.1% American Indian & Alaska Native Alone 3.1% Two or More Races

4.0% Asian Alone

13.4% Hispanic or Latino

4.1% Black or African American Alone

12 Education in Green Bay, Wisconsin in 2012

6.2% College (1 year or less)

33.7% High School or Equivalent 14.4% College (1 year or more)

9.6% Associates Degree

13.6% Less than High School

16.9% Bachelor’s Degree 0.6% Doctorate Degree

0.8% Professional School Degree 4.4% Master’s Degree

Household Income Levels in Green Bay

<$200,000 2% $150,000 - $200,000 2% $125,000 - $150,000 1% $100,000 - $125,000 7% $75,000 - $100,000 10%

$60,000 - $75,000 10% $50,000 - $60,000 11% $40,000 - $50,000 8% $30,000 - $40,000 12% $20,000 - $30,000 14% $10,000 - $20,000 13% >$10,000 10%

$0

Average household income: $38, 579 Average household size: 2.4 persons Source: city-data.com 13 Intentionally left blank APPENDIX A

List of Contacts

EPA Region 5 Susan Pastor Margaret Gielniewski Community Involvement Coordinator Remedial Project Manager EPA (SI-7J) EPA (SR-6J) 77 W. Jackson Blvd. 77 W. Jackson Blvd. Chicago, IL 60604-3590 Chicago, IL 60604-3590 312-353-1325 312-886-6244 800-621-8431, x31325 800-621-8431, x66244 [email protected] [email protected] Federal Elected Officials Tammy Baldwin 717 Hart Senate Office Building Senator Washington, DC 20510 30 W. Mifflin St. 202-224-5653 Madison, WI 53703 608-264-5338 http://www.baldwin.senate.gov/ Ron Johnson 328 Hart Senate Office Building Senator Washington, DC 20510 219 Washington Ave., Suite 100 202-224-5323 Oshkosh, WI 54901 920-230-7250 http://www.ronjohnson.senate.gov/public/ Reid Ribble 333 W. College Ave. Representative Appleton, WI 54911 550 N. Military Ave., Suite 4B 920-380-0061 Green Bay, WI 54303 1513 Longworth HOB 920-471-1950 Washington, DC 20515 http://ribble.house.gov/ 202-225-5665 State Elected Officials Scott Walker Robert Cowles Governor Senator 115 E. Capitol St. Room 118 South Madison, WI 53702 State Capitol 608-266-1212 Madison, WI 53707 [email protected] 800-334-1465 http://legis.wisconsin.gov/senate/cowles

15 Eric Genrich Dave Hansen Representative Senator Room 304 West Room 106 South State Capitol State Capitol Madison, WI 53708 Madison, WI 53707 608-266-0616 608-266-5670 [email protected] [email protected] Frank Lasee Senator Room 316 South State Capitol Madison, WI 53707-7882 608-266-3512 [email protected] State Agencies Rob Thiboldeaux Kristin Du Fresne Wisconsin Department of Health Services Wisconsin Department of Natural Resources 1 W. Wilson St. 101 S. Webster St. Madison, WI 53707 Madison, WI 53707 608-267-6844 888-936-7463 [email protected] [email protected] Local Officials James Schmitt Chua Xiong, RN, MSN Mayor Interim Director – Health Officer 100 N. Jefferson St., Room 200 Brown County Health Department Green Bay, WI 54301 Fox River Professional Building 920-448-3081 610 S. Broadway St., Room 201 [email protected] Green Bay, WI, 54305 920-448-6449 http://www.co.brown.wi.us/departments (Click on Health) Jerry Wiezbiskie Thomas De Wane Green Bay Alderman, District 1 Green Bay Alderman, District 2 3039 Nicolet Dr. 2535 Delwood Dr. Green Bay, WI 54311 Green Bay, WI 54302 920-468-5871 920-465-7803 [email protected] [email protected] Andy Nicholson Tim De Wane Green Bay Alderman, District 3 Green Bay Alderman, District 4 800 Venus Dr. 729 S. Jackson St. Green Bay, WI 54311 Green Bay, WI 54301 920-465-3564 920-471-9777 [email protected] [email protected]

16 David Nenning Joe Moore Green Bay Alderman, District 5 Green Bay Alderman, District 6 1464 Elm St. 1009 Day St. Green Bay, WI 54302 Green Bay, WI 54302 920-437-2318 920-445-0145 [email protected] [email protected] Randy Scannell Christopher Wery Green Bay Alderman, District 7 Green Bay Alderman, District 8 854 Dousman St. 920 Spence St. Green Bay, WI 54303 Green Bay, WI 54304 920-4609-9820 920-490-9282 [email protected] [email protected] Guy Zima Mark Steuer Green Bay Alderman, District 9 Green Bay Alderman, District 10 1121 12th Ave. 1730 Nancy Ave. Green Bay, WI 54304 Green Bay, WI 54303 920-499-3614 920-494-4494 [email protected] [email protected] Brian Danzinger Thomas Sladek Green Bay Alderman, District 11 Green Bay Alderman, District 12 1701 King Arthur Dr. 2634 Sequoia Ln. Green Bay, WI 54304 Green Bay, WI 54313 920-609-7666 920-499-7701 [email protected] [email protected] Jerry Hanson City of Green Bay Municipal Court Judge Department of Public Works 330 S. Jefferson Street 100 N. Jefferson St., Room 300 Green Bay, WI 54301 Green Bay, WI 54301 920-448-3131 920-448-3100 [email protected] City of Green Bay Clerk 100 N. Jefferson St., Room 106 Green Bay, WI 54301 920-448-3010

WPSC Customer Center

17 Newspapers Green Bay Press-Gazette PO Box 23430 Green Bay, WI 54305 920-435-4411 [email protected] http://static.greenbaypressgazette.com/reportersindex Television Stations WLUK-FOX 11 WBAY-ABC TV 787 Lombardi Ave. 115 S. Jefferson St. Green Bay, WI 54304 Green Bay, WI 54301 920-494-8711 920-432-3331 [email protected] [email protected] WGBA-NBC 26 WFRV-CBS TV 5 1391 North Rd. PO Box 19055 Green Bay, WI 54301 Green Bay, WI 54307 920-494-2626 920-437-5411 [email protected] [email protected] Radio Stations WQLH-98.5 FM WDUZ-107.5 FM 810 Victoria St. 810 Victoria St. Green Bay, WI 54302 Green Bay, WI 54302 920-468-4100 920-468-4100 WHID Public Radio WPNE-89.3 FM 2420 Nicolet Dr. 3319 W. Beltline Hwy Green Bay, WI 54311 Green Bay, WI 53713 920-465-2444 608-263-4199 WORQ-90.1 FM WIXX-101 FM 1075 Brookwood Dr 1420 Bellevue St. Green Bay, WI Green Bay, WI 54311 920-494-9010 920-406-1011 WTAQ-97.5 FM 1420 Bellevue St. Green Bay, WI 54311 920-406-1011

18 APPENDIX B

Community Resources EPA Website The EPA maintains a website for the WPSC Green Bay MGP site. www.epa.gov/region5/cleanup/greenbay. Information Repositories and Administrative Record The EPA maintains information repositories, where site information is available: The Brown County Public Library serves the local Local Information Repository community and houses the Information Repository and Brown County Public Library administrative record. 515 Pine St. Green Bay, WI www.browncountylibrary.org Administrative Record EPA Superfund Records Center 7th Floor Ralph Metcalfe Federal Building 77 W. Jackson Blvd. Chicago, IL

19 Intentionally left blank APPENDIX C

Superfund Alternative Sites Program Approach

United States Office of Enforcement and April 2008 Environmental Protection Agency Compliance Assurance EPA-330R08001 Office of Solid Waste and Emergency Response Understanding the Superfund Alternative Approach

Office of Site Remediation Enforcement Office of Superfund Remediation and Technology Innovation

Introduction agreement, there is no need for EPA to list the site on the NPL. If a PRP fails to meet the Superfund sites are places where EPA has obligations of the agreement, EPA may determined that a hazardous substance, pollutant reconsider putting the site on the NPL. or contaminant is located. These areas are Currently, sites using the SA approach are a entered in EPA’s official site inventory. There small percentage of all cleanup agreements. are many pathways available to getting a Superfund site cleaned up. Among the best Threshold Criteria known pathways, for sites that need long-term for Using the SA Approach cleanup, is to list the site on the National Priorities List (NPL). Sites on the NPL are Eligibility for this approach is based on the eligible for federal remedial (long-term) cleanup following three criteria: funds.1 1. Site contamination is significant enough that EPA may also clean up sites eligible for the NPL the site would be eligible for listing on the using other Superfund and non-Superfund NPL (i.e., the site would have a Hazard authorities, or States may use their authorities to Ranking System (HRS) score of 28.5 or clean up these sites. Which cleanup pathway is greater; chosen depends on many variables, such as the 2. A long-term response (i.e., a remedial complexity of the cleanup, the availability of action) is anticipated at the site; and funds (private or public) for the cleanup, and the 3. There is at least one willing, capable party nature (e.g., private, governmental, tribal), (e.g., a company or person) that has number and experience of the parties involved at responsibility under Superfund, who will the site. negotiate and sign an agreement with EPA to perform the investigation and cleanup. One of EPA’s non-NPL Superfund pathways is referred to as the Superfund Alternative (SA) Getting Started with the SA Approach approach. The SA approach uses the same process and standards for investigation and EPA has discretion to determine if the SA cleanup as sites on the NPL. Sites using the SA approach is appropriate at a particular site. If a approach are not eligible for federal remedial site meets criteria 1 and 2 above, EPA may cleanup funds. Cleanup funding for sites with approach a PRP, or a PRP may approach EPA, SA agreements is provided by the potentially to negotiate an SA agreement. The SA responsible parties (PRPs). agreement is equivalent to an agreement negotiated at an NPL site. For example, the As long as a PRP enters into an SA agreement same investigation and cleanup will be done as with EPA and stays in compliance with that if the site were listed on the NPL.

1 For more information on the NPL listing process, 21 see www.epa.gov/superfund/sites/npl/index.htm. PRPs may choose not to negotiate an SA funds should a qualified community group apply agreement. In that case, the site would proceed for such an advisor. to cleanup using a different path (e.g., NPL listing, State cleanup program). EPA’s Role During and After Cleanup

State Role EPA will oversee the investigation and cleanup just as it would at a site listed on the NPL. EPA will consult with the state in which the site When the cleanup is completed, EPA will ensure is located on whether to attempt the SA the remedy continues to work as intended by approach, settlement negotiations and remedy monitoring the site and performing the same selection. Throughout the process, the state will reviews it conducts for sites listed on the NPL. have the same opportunities for involvement as at an NPL site. Potential Benefits of the SA Approach

Cleanup Agreements The benefits of the SA approach will vary depending on the site circumstances. A benefit EPA will negotiate agreements with PRPs for that accrues at most sites is the resource savings site investigation and site cleanup. The of not formally proposing and listing a site on agreement for investigation is usually in the the NPL. Other benefits may include a form of an Administrative Order on Consent community’s good will at not having the site (AOC). The agreement for remedial action is listed on the NPL, a PRP’s willingness to always in the form of a judicial Consent Decree negotiate a good-faith agreement, and the (CD). opportunity to start cleanup work more quickly than waiting for listing on the NPL. Overall, the Both the AOC and the CD should include cleanup process is as protective as at NPL sites. language specific to the SA approach that keeps sites using the SA approach in an equivalent Further Information. If you have questions position to sites listed on the NPL. EPA has regarding this fact sheet, please contact Nancy model language for SA provisions that address Browne, Office of Site Remediation NPL listing after partial cleanup, technical Enforcement, at (202) 564-4219, assistance for communities, financial assurance [email protected]; or Robert Myers, and natural resource damage claims. The Office of Superfund Remediation and provisions needed depend on the work being Technology Innovation, (703) 603-8851, performed. [email protected].

Investigation & Remedy Selection For more information on the SA approach, including links to the guidance and a list of sites Once the site studies are complete and the that have SA approach agreements, please go to: hazards are identified, EPA will select a site http://epa.gov/compliance/cleanup/superfund/saa remedy the same way it selects a remedy for .html sites listed on the NPL.

Community Participation Disclaimer This document is provided solely for informational purposes. It does not provide legal At sites listed on, or proposed to be listed on the advice, have any legally binding effect, or expressly NPL, a qualified community group may apply or implicitly create, expand, or limit any legal rights, for a technical assistance grant (TAG) to hire an obligations, responsibilities, expectations, or benefits for any person. This document is not intended as a independent technical advisor. In SA substitute for reading the statute or the guidance agreements, EPA negotiates a technical documents described above. assistance provision for the PRP to provide

22