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Project XL Progress Report
Exxon Company USA
On March 16,1995, the Clinton Administration announced a portfolio of reinvention initia-
tives to be implemented by the U.S. Environmental Protection Agency (EPA) as a part of its
efforts to achieve greater public health and environmental protection at a more reasonable
cost. Through Project XL, which stands for excellence and Leadership, EPA enters into
specific proj ect agreements with public or private sector sponsors to test regulatory, policy,
or procedural alternatives that will produce data and experiences to help the Agency make
improvements in the current system of environmental protection. The goal of Proj ect XL is to
implement 50 proj ects that will test ways of producing superior environmental performance
with improved economic efficiencies, while increasing public participation through active
stakeholder processes. As of October 1999,15 XL projects are in the implementation
phase and 3 5 XL proj ects are under development. Proj ect XL Progress Reports provide
overviews of the status of XL proj ects that are implementing Final Proj ect Agreements
(FPAs). The progress reports are available on the Internet via EPAs Proj ect XL web site at
http://www.epa.gov.ProjectXL. Or, hard copies may be obtained by contacting the Office of
Reinvention's Proj ect XL general information number at (202) 260-7434. Additional infor-
mation on Proj ect XL is available on the web site or by contacting the general information
number.
Background
Exxon Company USA (Exxon), a subsidiary of Exxon Corporation, is a petroleum and
petrochemical company in the United States. The Sharon Steel Fairmont Coke Works Site is
in Fairmont, Marion County, West Virginia. The site sits along the 1-79 industrial corridor,
midway between
Morgantown and
Clarksburg, West Virginia.
A corporate predecessor
of Exxon, Standard Oil of
New Jersey, owned the site
from 1920 to 1948.
Sharon Steel Corporation
bought the site in 1948 and
operated a coke produc-
tion facility there until 1979,
Exxon XL Project
Fairmont, West Virginia
Major Milestones
June 30,1998
First Meeting of
Fairmont Community
Liaison Panel
September 10, 1998
Exxon XL Proposal
Submitted
First Quarter 1999
Demolition of Buildings
Begun
May 24, 1999
Final Project Agreement
Signed
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Exxon XL Project 12-31-99
when it ceased operations due to the company's inability to comply with Clean Air Act (CAA) and Clean
Water Act (CWA) regulations. Exxon is the first XL proj ect related to the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), also known as Superfund. EPA placed the site on
Superfund's National Priorities List (NPL) on December 23,1996. Exxon is the only Potentially Responsible
Party (PRP) working with EPA and the West Virginia Division of Environmental Protection (WVDEP) under
an Administrative Order on Consent to address environmental concerns at this site. Exxon has reacquired the
property in order to help facilitate cleanup and redevelopment.
Exxon purchased the approximate 100 acres of the original Sharon Steel property. Approximately 50 acres
had been utilized by Sharon Steel for coke plant operations, waste treatment, and disposal. These 50 acres
represent one of the few large parcels of flat, developable industrial land along 1-79 in this part of West Vir-
ginia. The remainder of Exxon's property consists of wooded hillside, adj acent to the Monongahela River. The
areas north, east, and south of the site are residential and industrial. The area west of the site is mostly undevel-
oped.
In the FPA, Exxon has committed to achieve superior environmental performance by providing site improve-
ments and enhanced community involvement not typically required by Superfund, while cleaning up the site in
less time and at lower cost. Through a combination of enforceable requirements and voluntary goals, the Exxon
XL proj ect is expected to improve the local environment and economy by
• focusing on the economic redevelopment of the Superfund site to demonstrate that consideration of future
beneficial uses early in the Superfund site management process can help improve the local economy;
• providing additional environmental benefits to the community that are not typical for Superfund sites, such as
demolishing onsite structures both to improve the aesthetic value of the property and to facilitate redevelop-
ment;
• employing faster, more efficient cleanup and redevelopment processes, such as streamlining the risk assess-
ment process and reducing the administrative burden; and
• placing deed restrictions on the property to ensure that future activities do not result in any unacceptable risk
to human health or the environment.
The Experiment
The Exxon project is testing changes to the traditional Superfund process in order to clean up the Sharon Steel
site in half the time a normal cleanup would take. The changes affect (1) the site characterization and
remediation, (2) the risk assessment process, (3) the management of onsite landfills, (4) the onsite mitigation
requirements for EPA-created wetlands, (5) the stakeholder and community involvement process, (6) the
reduction of paperwork requirements, and (7) the quality assurance process.
The Flexibility
The Exxon XL proj ect establishes a commitment to minimize the impact of a Superfund site on human health
and the local environment by expeditiously cleaning up the site and to work with the local community to plan
the response action and ensure the redevelopment of the site. As an incentive to achieve environmental perfor-
mance, EPA and WVDEP will allow more flexible and cost-effective processes regarding (1) the use of
streamlined removal actions in order to expedite cleanup; (2) the mitigation processes for wetlands created by
EPA during previous removal actions; (3) the data validation reporting requirements; and (4) the risk assess-
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Exxon XL Project 12-31-99
ment criteria and analyses. These processes are available through the application of various technical and
administrative alternatives within CERCLA and the CWA.
The statutory programs, and the EPA offices administering the programs, that affect the Exxon XL proj ect are
the
• Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) administered by the
Office of Solid Waste and Emergency Response; and
• Clean Water Act (CWA) administered by the Office of Wastewater Management and Office of Wetlands,
Oceans, and Watersheds.
Coordination of Removal and Remedial Actions. Unlike at most Superfund sites, this proj ect allows Exxon
to begin the removal and remedial processes concurrently rather than sequentially. Because Exxon does not
have to wait for completion of the removal action before beginning long-term remedial actions, the entire
process is expedited.
Site Investigation Process. EPA is allowing Exxon to conduct an Engineering Evaluation/Cost Analysis (EE/
CA), temporarily replacing a Remedial Investigation/Feasibility Study (RI/FS). TheEE/CA can be conducted
faster than a traditional RI/FS, in part because the future land use of the site has already been determined.
Evaluation of Sampling Data. EPA has agreed to allow Exxon to use its eight-step Data Usability Assess-
ment (DUA) for the overall qualitative evaluation of the sampling data since Exxon has invested significant time
and money in proving that its quality assurance program is equivalent to Region HI Modifications to the Na-
tional Functional Guidelines. EPA, WVDEP, and Exxon have agreed on terms for verification and recalculation
of laboratory-reported concentrations for all EE/CA data.
Flexible Site Management Process. EPA is allowing Exxon to designate the site's northeast area, which
encompasses all of the waste management units (landfills, waste sludge areas and impoundments), as a single
area of contamination (AOC). The more common practice is to consider each waste source as a separate
AOC. Although the decision to designate this type of area an AOC is not unique, it is unusual to make such a
determination at the onset of the investigation. This designation will allow onsite management/disposal of
wastes to proceed without triggering Resource Conservation and Recovery Act (RCRA) land disposal restric-
tions.
Flexible Wetlands Mitigation Requirements. EPA is allowing for flexible wetlands mitigation for those
wetlands that may have been created by EPA during earlier removal actions.
Promoting Innovation and System Change
Proj ect XL provides EPA opportunities to test and implement flexible approaches that protect the environment
and advance collaboration with stakeholders. EPA is continually identifying specific ways in which XL proj ects
are helping promote innovation and system change. The innovations and system changes emerging from the
Exxon XL project are described below.
Coordinating Redevelopment Activities with Cleanup Actions. At the same time that removal and reme-
dial processes go forward, Exxon is proceeding with redevelopment-related activities. Exxon has engaged the
services of real estate consultants and companies to determine how to make the site most amenable to rede-
velopment and to determine how best to market the site. Exxon is also (1) working with local and state rede-
velopment agencies to identify redevelopment options and developers; (2) soliciting the opinions of the com-
munity; and (3) improving the site's aethestics and marketability by demolishing onsite structures.
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Exxon XL Project
12-31-99
Paperwork Reduction. Draft copies of reports required under the EE/C A process will be electronically
transmitted, final reports distributed on compact disk, and analytical data made available to EPA and WVDEP,
through the testing laboratory's data management system. There are passwords established to allow regulators
access to this system. All pertinent documents will be available on the Proj ect XL web site.
Potentially Responsible Party (PRP) to Fund State Participation in the XL Process. Exxon and the state
have agreed that Exxon, the PRP, will fund the state's involvement in this XL proj ect in order to avoid the
delays inherent in seeking Federal funding, in pursuing civil action, or in entering into cooperative agreements.
Direct funding will reduce the state's financial and administrative burden and increase its ability to participate in
Proj ect XL.
Community Involvement. Exxon has used innovative stakeholder involvement techniques such as public
availability sessions and frequent stakeholder meetings to explain proj ect plans and obtain community perspec-
tive on future site uses. The company has also provided a $5,000 grant to the local high school for students to
enhance a nature trail and develop a freshwater pond. This proj ect will help local citizens understand the
interaction of various life forms with the environment. Through these efforts, this proj ect has received a high
degree of local community support. The proj ect provides an opportunity to analyze a unique approach to
working with community members and other stakeholders throughout the process of selecting and implement-
ing a cleanup remedy and determining the future uses of the site. The techniques used in this proj ect may be
useful to other communities with similarly distressed properties by allowing them to reclaim those properties as
valuable and productive assets.
Project Commitment Summary
This table and the environmental performance section that follows summarize progress in meeting the FPA's
commitments for the Sharon Steel Fairmont Coke Works site.
Commitment Status
Removal Actions
Exxon will demolish most of the existing structures on
the site regardless of condition or potential hazards.
Exxon will conduct an Engineering Evaluation/Cost
Analysis (EE/CA).
Exxon will complete non-time critical removals
specified in the Action Memorandum.
Exxon will implement post-removal site controls.
Completed in third quarter of 1999.
Report on the waste management area is in draft
form.
To begin after completion of the EE/CA.
To begin after the non-time critical removals are
completed.
Reuse/Redevelopment Planning
Exxon will work with the EPA, WVDEP, and the
community to facilitate productive reuse of the
property.
As part of the site disposition strategy, Exxon will
work with all parties to develop a real estate market
analysis, including an analysis of the potential redevel-
opment, an environmental assessment, a market
overview, and the identification of market options.
Exxon has been holding monthly meetings with all
parties to discuss all aspects of the proj ect.
Completion of the market analysis is anticipated by
February 2000. An online brochure will be devel-
oped thereafter.
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Exxon XL Project
12-31-99
Commitment Status
Reuse/Redevelopment Planning
Exxon will work with all parties to develop the
financial analysis portion of the site disposition
strategy.
Exxon will work with all parties to develop the site
disposition plan portion of the site disposition
strategy.
The financial analysis has not yet been ad-
dressed.
The site disposition plan has not yet been
addressed.
Remediation
The parties (Exxon, EPA, WVDEP, and the commu-
nity) will work together to plan and implement
response actions.
Conduct an RI/FS, if necessary, after completion of
the removal closeout.
EPA will prepare a Record of Decision (ROD), if
necessary.
Exxon will implement the remedy specified in the
ROD.
The parties have been holding monthly meetings
since June 1998.
To be done after completion of the Action Memo-
randum, if needed.
To be done after the RI/FS, if needed.
To be done after the ROD is signed.
Wetlands Identification/Mitigation
Exxon will survey and map the wetlands created
during EPAs interim removal actions.
Exxon will evaluate the maps. If necessary, mitigation
requirements will be proposed.
In the process of any remediation, Exxon will im-
prove designated wetland areas.
Ongoing. A draft was completed in the fourth
quarter of 1 998 and is being reviewed by EPA.
A meeting was held in November 1 999, to
discuss assessments performed by the West
Virginia Department of Natural Resources, U. S.
Fish & Wildlife, and EPA Region 3 . There is no
determination as to whether any portion of the site
should be classified as a wetland.
To be determined based on above steps.
General Reporting
Quarterly report of removal/remediation progress.
Annual summary of removal/remediation progress.
Exxon will explore various electronic means for
transferring data, communications, and reports.
Quarterly reports from Exxon's engineering con-
tractors began in the fourth quarter of 1998, and
are available through the third quarter of 1 999.
Anticipated after the first year of reporting.
Most reports and communications to date have
been transmitted electronically.
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Exxon XL Project
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Commitment
Status
Stakeholder Involvement
Exxon has committed considerable resources toward
seeking out the input, involvement, and support of
stakeholders in the cleanup and redevelopment
processes.
Exxon will fund WVDEP participation in Proj ect XL.
Exxon has hired consultants to conduct interviews
to identify members for the FCLP, and to keep the
community informed. Monthly community meetings,
facilitated by Exxon-hired consultants, are held with
all stakeholders.
The state is reimbursed directly by Exxon for time
and expenses incurred.
Environmental Performance
This section summarizes progress in meeting the environmental performance commitments described in the
FPA in comparison to the baseline: what would have been required under the conventional Superfund site
management process. The baseline is derived from an overall impression of best practices in the program.
There is no single baseline that applies to all Superfund sites because the cleanup approach for each Superfund
site is based on site-specific factors and after extensive evaluation of individual site characteristics. Under the
removal action order, the following commitments are enforceable: a human health risk assessment, the AOC
concept, flexible wetlands mitigation, redevelopment, stakeholder involvement, quality assurance, and
recordkeeping. There are no regulatory requirements for the other commitments.
At this stage of the proj ect, it is too early to report changes in environmental performance.
Stakeholder Participation
Exxon has committed considerable resources toward seeking out and obtaining the input, involvement, and
support of parties who have a stake in the environmental impacts of this proj ect. The organizations directly
involved in negotiating the FPA are the EPA, the WVDEP, the FCLP, and Exxon Company USA. The FCLP
is a panel of approximately 25 local citizens identified from a wide range of professional, academic, political,
and private sources. The community panel activities are coordinated by a facilitator hired by Exxon.
In order to facilitate the formation and activity of the FCLP, Exxon
• hired consulting firms to conduct a series of community interviews to identify issues of concern and percep-
tions, and to solicit participation in the panel;
• conducted monthly meetings to develop the FPA and implement the XL proj ect;
• established a toll-free proj ect hotline for use by the community;
• used media (radio, TV, newspapers), direct mailings, a community information line, and community group
meetings to disseminate information to, and conduct surveys of, area residents; and
• committed to pay for the WVDEP cost for participating in the XL proj ect.
Six-Month Outlook
The key focus areas for the continued implementation of the FPA over the next six months will be the follow-
ing.
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Exxon XL Project 12-31-99
• Complete the EE/C A. (Exxon)
• Complete the Action Memorandum. (EPA)
• Continue approximately monthly meetings of the stakeholders. (Exxon)
• Initiate non-time critical removals. (Exxon)
Project Contacts
• Art Chin, Exxon Company USA, (908) 474-7395.
• John Hannig, Exxon Company USA, (908) 474-6637.
• MelissaPennington, EPARegion 3, (415) 744-1141.
• John DuPree, EPA Headquarters, (202) 260-4468.
• Tom Bass, WVDEP, (304) 558-2745.
• Michael Cummings, FCLP, (304) 367-1449.
• Nick Fantasia, FCLP, (304) 366-3700.
Information Sources
The information sources used to develop this progress report include (1) the FPA for the Exxon XL project;
(2) discussions with EPA and Exxon representatives; (3) minutes of the FCLP meetings; and (4) quarterly
status reports prepared by the IT Corporation for Exxon.
Glossary
Action Memorandum: A decision document that substantiates the need for a removal action, identifies the
proposed action, and summarizes the rationale for the removal action selected. It parallels the function of a
Record of Decision (ROD) in traditional remedial actions.
Area of Contamination (AOC): A waste source (e.g., waste pit, landfill, waste pile) and the surrounding
contaminated soil.
Baseline: The measure by which future environmental performance can be compared.
Clean Air Act (CAA): The CAA is the comprehensive Federal law that regulates air emissions from area,
stationary, and mobile sources. This law authorizes EPA to establish National Ambient Air Quality Standards
(NAAQS) to protect public health and the environment.
Clean Water Act (CWA): The CWA sets the basic structure for regulating discharges of pollutants to waters of
the United States. The law gives EPA the authority to set technology-based effluent standards on an industry
basis and continues the requirements to set water quality standards for all contaminants in surface waters. The
CWA makes it unlawful for any person to discharge any pollutant from a point source into navigable waters
unless aNational Pollutant Discharge Elimination System (NPDES) permit is obtained under the Act.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA): CERCLA is the
legislative authority for the Superfund program which funds and carries out EPA solid waste emergency and
long-term removal and remedial activities. These activities include establishing the National Priorities List
(NPL), investigating sites for inclusion on the list, determining their priority, and conducting and/or supervising
cleanup and other remedial actions.
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Exxon XL Project 12-31-99
Data Usability Assessment (DUA): Exxon's eight-step quality assurance process by which data collected are
quantified, and where necessary qualified, and the data's overall usability determined.
Engineering Evaluation/Cost Analysis (EE/C A): A report that summarizes site characterization data and
determines medium-specific, risk-based goals for protecting human health and the environment, as well as
summaries, the scope, effectiveness, implementability, and cost of the various alternatives that meet the
objectives of removal actions that are not time critical.
Final Project Agreement (FPA): The FPA outlines the details of the XL project and each party's commit-
ments. The project's sponsors, EPA, State agencies, Tribal governments, other regulators, and direct
participant stakeholders negotiate the FPA.
Media: Specific environments —air, water, soil— which are the subj ect of regulatory concern and activities.
Multimedia: Several environmental media, such as air, water, and land.
National Priorities List (NPL): EPA's list of the most serious uncontrolled or abandoned hazardous waste
sites identified for possible long-term remedial action under Superfund. The list is based primarily on the
score a site receives from the Hazard Ranking System. EPA is required to update the NPL at least once a
year. A site must be on the NPL to receive money from the Trust Fund for remedial action.
Potentially Responsible Party (PRP): A PRP is the owner or operator of a contaminated site, or the person
or persons whose actions or negligence may have caused the release of pollutants and contaminants into the
environment, requiring a remedial action response under CERCLA and the Superfund Amendments and
Reauthorization Act of 1986 (SARA). The PRP is potentially liable for the cleanup costs in order to com-
pensate the government for its remediation expenditures.
Record of Decision (ROD): A legal document signed by the EPA that describes the final cleanup action or
remedy selected for a site, the basis for the EPA's choice of that remedy, public comments on alternative
remedies, and the cost of the remedy selected.
Remedial Action: The phase of the cleanup process in which waste is actually treated, disposed, or con-
tained.
Remedial Investigation/Feasibility Study (RI/FS): The in-depth planning and investigation of a site during
which the nature and extent of contamination and risk are determined, and treatments and alternatives are
evaluated.
Removal Action: An early or short-term action in the Superfund process conducted to stabilize or clean up a
site in order to reduce the immediate ri sk to the public or the environment.
Superfund: The program operated under the legislative authority of CERCLA and SARA that funds and
carries out EPA solid waste emergency and long-term removal and remedial activities. These activities
include establishing the NPL, investigating sites for inclusion on the list, determining their priority, and con-
ducting and/or supervising cleanup and other remedial actions.
Wetlands: Ecosystems in which the water table is at or near the surface, such as a swamp or marsh. The
sluggish water in these systems often create rich habitats for plants and wildlife.
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