XV EPA
December
2018
Cleanup Enforcement in Action.
Addressing Community Needs in
Kansas City, Kansas	^
The Value of Environmental Enforcement
At the Kansas City Structural Steel site in Kansas City, EPA's
environmental enforcement mechanisms and resources have
played a vital role in supporting public health, environmental
protection and site reuse. These outcomes are providing
long-term community benefits for Kansas City's Argentine
neighborhood.
EPA's environmental enforcement program worked to identify
the parties responsible for the cleanup of this former smelting
faci I ity and executed agreements with the parties so that cleanup
actions would protect the community and environment. After
cleanup, EPA enforcement staff entered into a Prospective
Purchaser Agreement to facilitate reuse opportunities at
the site. EPA also collaborated with the responsible parties
and then the state to ensure proper implementation of land
use restrictions. Although initial redevelopment efforts
proved difficult, EPA worked with the local government and
organizations to identify reuse opportunities that both aligned
with the neighborhood's needs - commercial redevelopment,
specifically a grocery store - and ensured remedy protection.
Today, the site is home to La Plaza Argentine. The commercial
center is anchored by a Walmart Neighborhood Market,
providing jobs and convenient access to healthy food options
for the community.
Environmental Enforcement
Benefits the Community
Environmental and public health impacts affect
people most significantly where they live. EPA works
to provide strong, effective enforcement support
to all communities. As the Agency implements
environmental and public health improvements
across the country, EPA is looking for new
ways to assist communities in environmentally
overburdened, underserved, and economically
distressed areas where the needs are greatest.
"EPA received us with open arms, they communicated effectively with
challenges and potential solutions...as pertained to any environmental
concerns." Hunter Harris, Lane4 Property Group
Innovative Approaches and
Coordination Results in Site Cleanup
and Commercial Redevelopment
A Prospective Purchaser Agreement facilitated
reuse opportunities at a former smelting facility.
The Agency's work with local government
and community organizations helped to
identify reuse opportunities aligned with the
neighborhood's needs and ensure protection to
community health and environment.

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The site's location in Kansas City, Kansas.
Site and Community Overview
The 22-acre site is located in Kansas City's Argentine
neighborhood, an area with a rich Latino and Native
American history and heritage. Beginning in 1880,
the Kansas City Consolidated Smelting and Refining
Company and its successor, the American Smelting and
Refining Company (ASARCO), smelted and refined gold,
silver, and lead on site. By 1898, the facility was one
of the most productive silver and lead smelters in the
world.
o -
IN' es
NORTH
Sources: Esri, DeLorme, AND, Tele Atlas, First American, UNEP-
WCMC and USGS.

: . . '
Facilities refined gold, silver and lead on site in the late
nineteenth century. Source: My Present Past
From 1901 until 1984, the Kansas City Structural
Steel Company produced steel products for bridges,
buildings, and other structures on site. The Mosher
Steel Company continued metal fabrication until
the plant's closure in March 1987. Many in the
Argentine neighborhood lost their jobs and faced limited
employment opportunities in the area. For decades, the
plant had employed several generations of area residents.
When it closed, the close-knit community's way of
life shifted and the area faced a sustained economic
decline. It would take innovative thinking, collaborative
partnerships, and sustained community leadership to
restore the local economy.
Project History
1989 - 1995
Site Investigations, Cleanup Actions,
Community Involvement
Site investigations started after the plant's closure in
1987. EPA activities focused on the types and extent
of contamination as well as public health risks. EPA
found elevated levels of lead and heavy metals in soils
and groundwater. The greatest threat to the community
- especially for children and infants who are most
susceptible to lead exposure - was inhalation of airborne
dust. Areas impacted by the contamination included
homes south and west of the site, two multi-family
housing complexes, several parks, and five schools. All of
these areas were located within eight blocks of the site.
To fund the cleanup, EPA's regional enforcement team
focused on identifying the site's PRPs - Kansas City
Structural Steel Company and site owner BancAmerica.
Kansas City,
Kansas
Kansas City
Structural Steel ¦
Site, (L r
vvEPA
U.S. Environmental Protection Agency
Office of Site Remediation Enforcement

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Components of the Final Cleanup
Agreement included:
Demolition of asphalt, buildings and structures.
Decontamination of railroad tracks, ties and
spikes and removal for resale.
Excavation of soils and debris with high levels
of lead.
Consolidation of highly contaminated materials
in an on-site disposal cell.
Installation of a 4-foot cap of clean fill over the
entire site.
Institutional controls to make sure future site
uses remain compatible with the cleanup.
Prospective Purchaser Agreements
EPA may enter into a prospective purchaser
agreement with a party acquiring a property with
potential CERCLA liability, The agreement includes a
"covenant not to sue" in exchange for payment and/
or work. A covenant not to sue protects the property
owner or operator and future owners from being legally
responsible to the federal government for further
investigation and cleanup. This protection applies oniy
when the property is used and maintained in the same
manner as when the covenant was issued.
EPAentersintothisagreement in limited circumstances,
such as situations where a new use offers significant
environmental benefits and there is a significant need
for an agreement to help make a project happen.
View of the Argentine neighborhood.
Cleanup agreements with the PRPs in 1990 and 1991
included requirements that the cleanup protect the
surrounding community and the environment. Cleanup
work started in 1993 and finished in 1995.
Throughout site investigations and cleanup work, EPA
and the PRPs made sure to keep the community involved.
Community members provided feedback that guided
cleanup planning and implementation, and helped
to write a responsiveness summary that documented
community concerns and priorities.
Following cleanup, EPA worked with the PRPs on land
use restrictions to make sure that future uses at the site
would be compatible with the cleanup.
At least four feet of clean fili must remain below the
surface of the cleaned-up area.
Buildings cannot have basements and crawl spaces
cannot be more than two feet below the finished
grade.
Foundations and support structures cannot extend
below the four-foot clean fill barrier.
Fencing around contaminated media to restrict
access and prevent human exposure.
1995 - Present
Gauging Community Concerns,
Enhancing Outcomes
The completion of cleanup and finalization of land use
restrictions coincided with sustained community interest
in site reuse opportunities. By the early 1990s, several
community-based groups were working steadily to find
new opportunities for sustainable employment and
economic growth for the Argentine neighborhood. One of
these organizations, El Centra, recognized that the site's
cleanup and redevelopment could spur local economic
development opportunities.
Working with these organizations, EPA evaluated
enforcement tools that would be compatible with the
community's reuse priorities, address liability concerns,
and ensure long-term cleanup protections. EPA identified
an agreement and covenant not to sue for a new buyer,
also known as a prospective purchaser agreement, as the
most promising option.
3

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View of the site before commercial redevelopment.
Construction underway on site for the Walmart Neighborhood
Market.
Prospective purchaser agreements address site owners'
liability concerns in return for owners' committing to
maintaining the protectiveness of site remedies. In
October 1995, El Centra entered into an agreement with
EPA. El Centra agreed to provide EPA with site access and
take the lead on operation and maintenance activities. In
return, the agreement gave El Centra assurance that it
would not be liable for prior site contamination.
With the agreement in place, El Centra purchased the
property from BancAmerica in late 1995. Ell Centra
continued its search for a development partner; however,
the process proved difficult. Despite its location near
major highways and the Burlington Northern Santa Fe rail
line, the site sat vacant for over a decade.
A preliminary reuse assessment funded by EPA in 2005
helped setthestageforthefuture.Theassessment included
a series of discussions with community stakeholders,
including local officials, the property realtor, and El
Centra. EPA and KDHE also met with the community to
discuss reuse opportunities. Through these discussions
and a neighborhood survey, the community identified
commercial redevelopment -rather than manufacturing-
as its top priority. "When proposals came through, we told
companies they had to have the community on board,"
recalled EPA site attorney Bob Richards. "EPA respects
the local process and people should be able to determine
the character of their land."
With a strong foundation of community support and a
shared vision for the site's reuse in place, the Argentine
neighborhood patiently pursued potential development
opportunities. In 2012, Ann Murguia, District 3
Commissioner and Executive Director of the Argentine
Neighborhood Development Association, helped bring
the property to Walmart's attention. Lane4Property Group
(Lane4), a local development firm, was also interested in
bringing a Walmart store to the site as part of a larger
commercial center called La Plaza Argentine. As part of
these development discussions, EPA and Lane4 hosted
public meetings to discuss project plans and address local
concerns. In March 2014, El Centra sold the property to
Argentine Retail Developers for development of La Plaza
Argentine. The commercial center's first and primary
business would be a Walmart Neighborhood Market.
EPA transferred the prospective purchaser agreement to
the new property owner and the developers reached out
to EPA as planning began. The agreement transfer could
have been a difficult and prolonged process, but EPA
worked with all parties involved and made sure everybody
understood the agreement, in addition, EPA amended the
transferred agreement to accommodate changes in land
use restrictions. EPA regional staff and KDHE extensively
reviewed the existing land use restrictions and proposed
controls, and coordinated with the U. S. Department of
Justice (DOJ) to amend the agreement.
During redevelopment of the property, KDHE accepted
oversight responsibilities for the site. The state also
helped enroll Argentine Retail Developers in the Kansas
Environmental Use Control program, a state program that
tracks institutional controls and provides local oversight.
Through the program, the site's institutional control
agreements were updated and permanently recorded
with Wyandotte County. KDHE also recorded new deed
vvEPA
U.S. Environmental Protection Agency
Office of Site Remediation Enforcement

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Institutional Controls
Non-engineered instruments such as administrative
and legal controls that help minimize the potential for
human exposure to contamination and/or protect the
integrity of the remedy.
Examples include zoning restrictions, local ordinances
and restrictive covenants.
restrictions in 2014 and put a long-term care agreement
in place for future site inspections. Together, these actions
ensured that the site's redevelopment could proceed as
quickly and safely as possible.
In September 2014, the Walmart Neighborhood Market
held its grand opening at the site. The 41,000-square-
foot retail center is open 24 hours a day, seven days a
week, and includes a garden center, grocery, pharmacy,
and parking. Its opening has restored much-needed
jobs in the community and provides wider access to
affordable and healthy food. Looking forward, the
planned development of several other stores and
restaurants at La Plaza Argentine will create additional
opportunities for jobs and services in the community. In
addition, Argentine Retail Developers donated several
acres of property to the local government for a police
station. Construction of the 6,000-square-foot South
Patrol Police Station started in the summer of 2016,
with completion anticipated in 2017.
Enforcement Makes a Difference
EPA's environmental enforcement program has helped
make a difference in thousands of communities
impacted by hazardous waste contamination. At sites
like the Kansas City Structural Steel site, the program
helps ensure that viable liable parties perform and pay
for prompt and protective cleanups. These cleanups can
lay the groundwork for site reuse that caters to the needs
of the local community. Through the collaborative efforts
of local, state and federal governments, area developers
and organizations, this once-idle property in Kansas City
now hosts a commercial retail center addressing long-
standing priorities for the Argentine neighborhood.
marti
The Walmart Neighborhood Market in the Argentine
neighborhood.
For More Information, Contact:
Elisabeth Freed
freed .el isabeth@epa .gov
(202) 564-5117

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