Addressing Long-Term Stewardship:
Highlights from the Field
In 2004, EPA formed the Long-Term Stewardship (ITS) Task Force to evaluate the current state of long-
term stewardship across its various waste cleanup programs. The Task Force included representatives
from each of EPA's cleanup programs, including the Superfund, Resource Conservation and Recovery Act
(RCRA), Underground Storage Tanks (LIST), Brownfields, Federal facilities, and enforcement programs,
and state cleanup programs. The Task Force identified and addressed a variety of challenges facing EPA
and its partners responsible for ensuring the implementation, oversight and enforcement of LTS. These
challenges generally fall into the following six categories:
• Roles and Responsibilities
• Institutional Controls
• Engineering Controls
• LTS Costs
• LTS Funding and Resources
• Information Management
Within these categories, the Task Force identified recommendations to address the challenges most seri-
ously affecting federal, state, tribal and local governments at LTS sites. The results of the Task Force's ef-
fort are documented in its report Long-Term Stewardship: Ensuring Environmental Site Cleanups Remain
Protective Over Time (available at http://www.epa.gov/oswer/landrevitalization/publications.htm).
The purpose of this fact sheet is to build upon the LTS Task Force efforts by highlighting LTS projects that
address the challenges identified by the Task Force. This fact sheet is the first in a series intended to cre-
ate awareness of LTS issues and approaches to addressing LTS challenges. The fact sheet highlights the
following projects:
• Mississippi Department of Environmental Quality Brownfields Program 1C Information Sharing
Project
• National City's Land Use Control Implementation Plan
• Missouri Department of Natural Resources' Long Term Stewardship and 1C Tracking System
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Mississippi Department of Environmental Quality Brownfields
Program 1C Information Sharing Project ^^-^^—
The State of Mississippi's Department of Environmental Quality (MDEQ) developed an information
sharing system to improve the state response program; specifically to increase access to and the
usefulness of the public record. There are two components to this system: (1) a Geospatial Pilot
Project using Google Earth, and (2) an Excel Spreadsheet with links to deed notices and survey
plats in Adobe PDF format. Simplicity and ease of use are emphasized. In the wake of Hurricane
Katrina, DEQ applied for and received a CERCLA 104(k) Brownfields grant to identify brownfyds
in communities on the Gulf Coast for consideration early in the rebuilding process.
Using approximately 10 percent of the grant, the staff of the Groundwater Assessment and Remediation Division (CARD) of MDEQ cre-
ated a Google Earth coverage map for the Mississippi Gulf Coast that includes pertinent information about sites that may have environ-
mental conditions for consideration prior to rebuilding. The coverage includes MDEQ's existing brownfyds inventory of CERCLA/Uncon-
trolled Sites, Underground Storage Tank Sites, Agency Interests, Above Ground Storage Tank sites, Pest Control Sites and Dry Cleaners.
Some of the data were collected from within MDEQ while other data were collected from the Mississippi Department of Agriculture and
Commerce (e.g., Above Ground Storage Tank Sites), from city directories (e.g., Dry Cleaners and Pest Control Sites), and EPA. The
Google Earth Coverage, identified as a link entitled "GIS," can be found at http://www.brownfields.ms under the Announcements section.
EPA Section 128(a) Brownfield funding is being utilized to maintain and enhance the coverage with plans to take the project statewide in
the near future after roles and responsibilities are clearly defied.
The second component of the system involves MDEQ's existing brownfields inventory (http://list.brownfields.ms). Using EPA Section
128(a) Brownfield funding, MDEQ maintains this simple excel spreadsheet of pertinent information about sites in Mississippi. The 1C
component involves links to Deed Notices and Survey Plats for sites with institutional controls in place. The link is a PDF file of the Deed
Notice identifying the Activity and Use Limitations (AULs) for the site and a map (e.g., survey plat) identifying the area within the property
where the AULs apply.
MDEQ identified a number of challenges in both maintaining and utilizing the system. First, because the Google Earth Coverage includes
data that are not directly controlled by the CARD staff, data quality, roles and responsibilities are issues that must be considered. MDEQ
is considering a "wiki" philosophy with the Google Earth Coverage. In other words, the Google Earth Coverage would rely on interested
stakeholders to be a part of the continuous improvement of the system with an understanding that errors are expected and will be ad-
dressed on an ongoing basis. Second, bringing the knowledge of these tools down to the local level (e.g., construction companies, local
public works directors/employees, local government, water well drillers, etc.), particularly in a mostly rural state requires a tremendous
amount of outreach and education, requiring additional resources. Finally, as the number of sites using ICs grows, so do the responsibili-
ties for MDEQ, particularly relating to awareness through the years.
For more information on Mississippi's online access to ICs, con-
tact Trey Hess at Mississippi's Department of Environmental
Quality at Trey_Hess@deq.state.ms.us or 601.961.5654.
TOP (before) - Long's commercial laundry property before cleanup
and redevelopment in Tupelo, Mississippi (Photo courtesy of
Mississippi Department of Environmental Quality)
BOTTOM (after) - Fair Park has a deed notice listing activities that are
not allowed on the property (Photo courtesy of Mississippi Department
of Environmental Quality)
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National City's Land Use Control
Implementation Plan
National City, California is addressing issues of long-term stewardship to ensure properties
with ICs are identified early on in the development process. The city is doing this through the
development of a Land Use Control Implementation Plan (LUCIP) and by tying permitting
activities to LTS. As efforts to address LTS continue, the city has made great progress since
drafting the LUCIP in 2005.
The city recognized the need to define, communicate and formalize LTS roles and responsibilities through the development of a LUCIP.
EPA approved National City's proposal to use 10 percent, or $20,000, of its 2005 EPA Assessment grant to develop the LUCIP. The city
met with regulatory agencies, including the California Department of Toxic Substances Control (DTSC), San Diego County and the State
Water Resources Control Board to define LTS roles and responsibilities for each. The basic roles and responsibilities remain the same
with the regulatory agencies responsible for selecting, implementing, monitoring and enforcing the institutional and engineering controls
on a property, while the city takes a more proactive approach to communicate regulatory actions on properties to applicants.
As part of the LUCIP, National City intends to tie its permitting system to LTS activities. The initial plan was to require the applicant to
apply for a permit on a property with ICs or ECs and then the regulatory agency would designate its approval by completing an approval
form. Although the agencies were enthusiastic about the concept to tie LTS to permitting, the State Water Resources Control Board did
not have the staff or money to do the additional work required to undertake this new IC/EC permitting approval process.
To address funding at the city level, National City is paying for the analysis of the fee structure for building and other permitting fees to
develop a LUCIP fee (expected to be minimal) that will cover the cost of additional city LTS responsibilities. Once an appropriate LUCIP
fee is identified and implemented, the city plans to tie its electronic city parcel map—which contains regulatory information including the
regulatory agency involved at each applicable property—to the permitting process so each applicant is aware of ICs or ECs. The city
included regulatory information on its parcel map by using EPA Assessment grant funds to hire a consultant to go through hard copy
notebooks and files to identify properties with regulatory actions.
The city is also working on a strategy to standardize how ICs are recorded and has developed a Web site, the Brownfields Redevelop-
ment Environmental Information System (BREIS), to allow easy access to environmental and redevelopment-related information, includ-
ing ICs within National City (www.nationalcitybreis.org).
For more information on National City's LTS work
contact Patricia Beard, National City's Redevelop-
ment Manager, at PBeard@ci.national-city.ca.us
or 619.336.4255.
TOP (before) - Former meat processing facility, auto
wrecking yard, and landfill in National City, California
(Photo courtesy of National City)
BOTTOM (after) - Rendering of the Marina Gateway
project, a commercial project with a hotel and
restaurant and a deed restriction due to the capping
of hazardous materials remaining onsite (Rendering
courtesy of National City)
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Missouri Department of Natural Resources'
Long Term Stewardship and 1C Tracking System
The State of Missouri Department of Natural Resources (DNR) can share 1C and EC data with
EPA's comprehensive Institutional Control Tracking System (ICTS) due to the assistance of a
component added to its existing Superfund/Brownfields project management data system SMARS
(Site Management and Reporting System). DNR designed its ITS database within SMARS with a utility to export long-term stewardship
data to federal, state and local partners who are looking for information on sites where contamination remains after the remedy is com-
plete. Funding for the ITS data sharing project was received from EPA in Superfund and Brownfield grants.
SMARS currently houses ITS information for Superfund, Federal Facility, Brownfields Voluntary Cleanup Program (BVCP) and Missouri's
other state response programs. The ITS component of SMARS includes housing 1C information for Missouri's Storage Tanks Sites.
Missouri's cleanup programs use a range of institutional controls to affect long-term stewardship. These include maintaining ground
water protection areas, restrictive covenants with a monitoring contract, listing on the Registry of Confirmed Abandoned or Uncontrolled
Hazardous Waste Disposal Sites in Missouri, deed notices, and ground water protection areas. The engineering controls in place and
requiring monitoring range from large structures, such as the disposal cell at the Weldon Spring Superfund site, and ground water pump
and treatment operations, as well as fences, caps, signs and other typical physical controls. Approximately 550 statewide sites are cur-
rently being tracked in the ITS database, although many more sites are suspected to be applicable and have not yet been added. The
ITS data in SMARS are entered and maintained by DNR's environmental project managers. DNR plans an initiative in 2008 to provide
this information to its local government partners to ensure the online ITS information is available to a wide public audience.
In 2006, Missouri DNR conducted an evaluation of its strengths and weaknesses related to ITS. The study took a comprehensive look
at the department's ITS responsibilities and the resources available. The objective was to help the department judge how well it met
those responsibilities for sites with ICs/ECs and to develop a set of recommendations to address areas requiring improvement. This study
was developed to ensure that the responsibilities that are inherent in risk-based cleanups are addressed. Failures of ECs and ICs were
reported around the country and Missouri sought to address the issue proactively. To accomplish this, all program areas were reviewed
to see what processes were in place to ensure that stewardship was effective for sites with ICs and ECs, and that all sites with an envi-
ronmental legacy were covered by some ITS process. The study was published in a report entitled "Missouri Long Term Stewardship:
Current Practices and Future Recommendations." Subsequent to the completion of this report, the department convened a work group
to study the report's nine major recommendations and prepare action plans to address and implement them.
The report estimated that the cost to implement all of the recommendations to improve statewide ITS processes could range from
$500,000 to $900,000 per year with an addition of up to 10 full time staff. DNR is currently developing action plans to address five of
the ITS recommendations. One recommendation has been partially realized as the Missouri legislature passed environmental covenant
legislation during its 2007 session.
For more information and/or a copy of the report on the sta-
tus of Missouri's LTS data sharing project, contact Robert
Stout at Missouri's Department of National Resources at
Robert.Stout@dnr.mo.gov or 573.751.7402.
TOP (before) - Former quarry and disposal site for demolition
waste in Springfield, Missouri (Photo courtesy of Missouri
Department of Natural Resources)
BOTTOM (after) - Jordan Valley Park, where a restrictive use
covenant prohibits the construction of any building in the area
of the former quarry where methane activity is being monitored
(Photo courtesy of City of Springfield, Missouri)
.ong-Term Stewardship
Fact Sheet
Office of Solid Waste and
Emergency Response (5101T)
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