UNITED STATES
ENVIRONMENTAL PROTF.CTION ACENCA
REGION 3
FINAL DECISION
UNIVERSITY OF MARYLAND, Ml)
PURPOSE
The United States Environmental Protection Agency (EPA) is issuing this Final Decision and
Response to Comments (FDR I C or Final Decision) selecting the Pinal Remedx for the
University of Mankind facility located at Elkton, Ml) (hereinafter re I erred to as [he Facility).
The Final Decision is issued pursuant to the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recover}' Act (RCRA) of 76. and the 1 lazardotis and Solid Waste
Amendments (11SWA) of 19K4. 42 1 :.S.C. Sections 6901. ct seq.
On December 12. 2018, EPA issued a Statement of Basis (SB) in which it described the
information gathered during environmental investigations at the Facility and proposed a Final
Remedy for the Facility. Concurrent with issuing the SB. EPA issued a draft Corrective .Action
Permit. EPA held a joint sixty (60)-day public comment period for the SB and draft Corrective
Action Permit which began on December 12. 2018 and ended on February 11. 2019.
The only comment receiv ed was from the Univ ersity of Maryland requesting a meeting to
understand the process to remove portions of the Facility from the permit. See Attachment A.
No changes to the draft permit arc required to address University of Maryland request. The SB
and permit are hereby incorporated into this Final Decision by reference and made a part hereof
as Attachment B.
This FDRTC selects the reined}' that EPA evaluated under the SB. Consistent with the public
participation provisions under RCRA. EPA solicited public comment on its proposed Final
Remedy, On December 12. 20 IK. notice of the SB was published on the EPA website:
| https://ww"w,epa.gov/hwcorreetiveaction/hazardous-wasfc-cieunup-iiniYersity-niaryland-eollege-
park-md | and in the Capital Gazette newspaper. The sixty (60) day comment period ended on
February 11. 2019.
FINAL DECISION
EPA's Final Remedy for the Facility consists of the following:
(1) the implementation of institutional controls to prevent the use of groundwater within the
1 and 1111 areas and the restriction of activities that could result in human exposure to the waste and
contaminants at the Former Landfill Areas, (2) the periodic inspection of the Former 1 and fill
Areas. (3) notification of EPA of proposed land use changes for the Former Landllll Areas, and
(4) continued groundwater monitoring at Maryland Fire and Rescue Institute.
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DECLARATION
Based on the Administrative Record compiled lor the corrective action at the Lniversiu of
Mar\ kind 1'acilin. I have determined that the remedy selected in this Final Decision and
Response to Comments, which incorporates the December 12. 201 X Statement of Basis, is
protectiv e of human health and the environment
v
John A. Armstead. Director
Land and Chemicals Di\ ision
L.S. Ln\ ironmental Protection Aueno. Reuion
Attachment A: I'lmersilv of Man land Comments
Atiachmenl B: Statement of Basis
Attachment C: Permit for Corrective Action for the University of Maryland
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Attachment A:
University of Maryland Comments
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Vr.-ci UuiZitjiisi
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February 13, 2019
Ms, Barbara Smith
U.S. Knvironmenuil Protection Agency
Region III
1650 Arch Street (3LC20)
Philadelphia, PA 19103-2029
Re: RCRA Corrective Action Permit Permit No. MDD980829873 (the "Permit")
Dear Ms. Smith:
The University of Maryland (UMD) has considered a variety of redevelopment plans for the
area known as Paint Branch Landfill Area 1A ("Landfill Area ! A"") over the past several years.
As you are aware, these plans have ranged from a large single redevelopment of the site to a
parcel-by-parcel redevelopment approach. UMD now refers to the site as the 'Discovery
District" and has been steadily working to make improvements that benefit LV1D and the
Greater College Park Area. Recent projects have included the re-purposing ofUMD's former
HVAC Shop (Building 006) into a new WcWorks facility engaged in a shared office space
business. The former Motor Pool facility (Building 01S) remains on track to lie re-purposed as
a new food and music venue, to be known as The Hall.
The focus on redeveloping parcels within Landfill Area 1A has continued to gain momentum
with the establishment of the Terrapin Development Company, LLC (TDC). TDC is a real
estate development company formed by its two members. UMD and The University of
Maryland College Park Foundation, Inc. I DC's mission is to facilitate redevelopment of
properties in the Greater College Park Area to transform College Park into a vibrant, diverse,
and walkable community that attracts the best faculty and students and supporting business
community. Although, the properties slated for development are owned by UMD currently.
UMD will convey full ownership interest in such properties to TDC. Then, TDC. as owner,
either will develop the property or ground lease the property to a third-party to develop the
same. The future development is intended to be office and retail.
Presently. UMD is preparing to convey to TDC two parcels, in fee simple, which are located
within Landfill Area 1 A. TDC.' may subsequently ground lease the parcels to third-party lessees
for development. UMD has obtained local jurisdictional support and the required State
approvals for the transfers.
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Ms, Barbara Smith
February 13, 2019
Page 2
I'M!) is requesting a meeting with your Office to discuss the conveyance of land within
Landfill Area IA and planned redevelopment in relation to the Permit. Particularly, UMD
would like to propose that under Section 11, "Transfer of Permit" in Pail I of the Permit.
"Standard Conditions", inow Section G of the draft 20!(> permit) that language be added to
reeoynize the pre-appro\ed transfers lo IDC and that upon the transfers of the land parcels in
Landfill Area i A, the .subject parcel of land will come under a separate Permit for Corrective
Action issued lo '1 DC and be removed from t IMD's Permit.
Please let me know when you wish to meet, Thank you for your consideration.
Sincerely.
Associate Director
ee; Jason Baer, Asst. Dueetor, l.'Ml)
Thomas A, Parker, Sr. VP TDC
Tracey li. Skinner. Assoc. General Counsel, HMD
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Attachment B:
Statement of Basis
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UNITED STATES
EN VIRONM ENTA L PROTECT I ON A G F. NCY
REGION [II
STATEMENT OF BASIS
DRAFT PERMI T
FOR CORRECTIVE ACTION
UNIVERSITY OF MARYLAND, COLLEGE PARK
COLLEGE PARK, MARYLAND
EPA IN No. MDD 980829873
I. Introduction
The United States Environmental Protection Agency (HI3A) is requesting public comment
on its proposal for Corrective Action under the Resource Conservation and Recovery Act
of lc)76. as amended by the Hazardous and Solid Waste Amendments of 1^X4 (RCR-M.
42 U.S.C. vjvi for the facility owned and operated by the University of
Maryland (University of Maryland or Permittee) and located at the College Park Campus
in College Park, Maryland (Facility). Pursuant to 40 C.F.R. £ 124.7. HP A has prepared
this Statement of Basis (SB) in explain to the public the background and basis for it^
proposal to issue a permit to the Facility.
Accompanying this SB is the Draft Permit which FPA encourages the public to review.
The Draft Permit consists of three (3) sections: The Introduction which sets forth the
legal authority for issuing the Draft Permit in final form. Part I which contains standard
conditions applicable to all hazardous waste management facilities, and Pan II which
contains Facility specific conditions that address corrective action obligations at the
facility.
II. l-'acilitv Backizround
The University of Maryland is a state owned and operated education and research
institution located in College Park. Prince George's County. Maryland, located about
nine miles northeast of downtown Washington. D.C. The Facility includes
approximately 1.300 acres with academic and research buildings, residential, service and
support buildings and open space. Private residences and some light
industrial/commercial businesses are located around the Facility. The Facility and
surrounding area are served by public water. The groundwater beneath the Facility
is not used.
The Permittee has solid waste management units (SWMUs) and Areas of Concern
(AOCs) located on-site, SWMUs are defined under the Resource Conservation and
Recovery Act (RCRA) as areas where solid wastes have been placed, or areas where
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solid wastes have been routinely and systematically released. AOC's are areas where
hazardous waste and/or hazardous constituents have or may have been released. Most
hazardous waste at the facility was generated irom researeh laboratories. Because of the
S\\ MUs and AOCs. Permittee was issued a RCRA Corrective Action permit that look
effect in January 1 and was reissued and took effect on January 1 2. 2007. As part of
the permit conditions. Permittee performed soil and groundwater investigations at eight
NW Ml is and two AOCs that were identified in a previous studv as requiring further studv
to determine whether hazardous constituents were released to the environment, and extent
and impact ol any releases to the environment and human health. Based on the results of
the investigations, several corrective actions were completed at eight SWMUs and two
AOCs. and therefore, no further action is required at these areas. However, at the
Maryland hire and Rescue Institute (MLRII facility. located at SWMl' 1 ] (see below for
description), the University of Maryland submitted a Corrective Measures Stud\ to LPA
to address localized groundwater contamination. In addition, groundwater use
restrictions for the former J.andlill Areas at the University ol Marvland were instituted to
protect human health. LPA will be consulted prior to any proposed land use changes for
the former landfills. The corrective measures taken are described below:
1, former Landfill Areas
1 he former Landfill Areas at the University ot Maryland are described below, along with
the results of the environmental investigations and corrective measures.
a. Paint Branch Landfill Area 1 (SWMU 9)
Paint Branch Landfill Area 1 (SWMU 9) is located in the eastern section of the campus,
near Campus Drive hast. The eastern margin of the former landfill borders Paint Branch
Creek. The landfill began receiving solid wastes in the 1940s and ending in the late
1 %Us, The landfill received demolition debris, fill, and incinerator fly ash from a coal-
fired steam plant which was located adjacent to this landfill. As part of the RCRA
facility Jn\estimation (RF1) required by the 1W1 permit. Permittee dug test pits in
Landfill Area 1 and sampled soils for volatile organic compounds (YOCs) and metals.
The analytical results showed no exeeedanees of the human health risk screening levels.
In March 2001 and October 2002. Permittee conducted methane gas monitoring in
subgrade monitoring points located in Landfill Area 1. The results of the monitoring
showed no threat to human health from methane gas inhalation or explosion at the
monitoring sites. Currently, this landfill is paved with a former Motor Pool building on
it. 1 'nder the current land use. LPA determined that no further corrective action is
necessary at this SWMU.
b. Paint Branch Landfill Area 2 (SWMU 10)
Paint Branch Landfill Area 2 (SWMU 10) is located southeast of Paint Branch Landfill
.Area 1, in the eastern section of the Campus. Beginning in the early 1940s and ending in
the late 1950s, building demolition material and perhaps other solid wastes were placed
in the landfill. After Permittee discontinued sending waste to Landfill Area 2 in the late
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1950s. Permiuce used this iundflll to store electrical equipment from 1%0 to 1 ^83. in
1983. Permittee discovered that oil containing polychlorinated biphenyls (PCBs) had
leaked from the electrical equipment onto the ground in Landfill Area 2. Permittee
removed the equipment and contaminated soil under direction of the Maryland
Department of the Lnviromncnt (MDLi. As part of the RFI, Permittee dug test pits and
sampled soils for VOCs and metals in Landfill Area 2. Sample results showed no
excccdances of the human health risk screening levels. Currently, this landfill is partiallv
paved and contains a parking lot and several buildings,
c, Paint Branch Landfill Area 3 {SWMU 11)
Paint Branch Landfill Area 3 (SWMU 1 1) is located in the eastern section of the Campus
and extends to the southeast of Paint Branch Landfill Area 2. The landfill was used
beginning in the early 1940s and ending in the mid to late 1460s. and received solid
wastes generated at the University including garbage, refuse, incinerator or fly ash
generated by the former coal-fired steam plant, and brick and concrete rubble from
construction/demolition activities. The area is now used as a training academy by the
(MFRI). The MLR I Area contains a building and two areas where lire props were ignited
using petroleum fuels for training purposes. Currently, propane is used for igniting
props. As part of (he RFI. Permittee dug test pits and sampled soils for YOCs and metals
in I .and fill Area 3. Lxcept for those samples taken from the MLR! Area, sample results
showed no excccdances of human health risk screening levels.
In 2000. Permittee took lest borings in the MLRI Area as part of a building expansion and
discovered petroleum hydrocarbon contamination in soil and groundwater. Permittee
determined that the petroleum hydrocarbon contamination was caused by a leak from an
underground pipe connected to tin above ground petroleum storage tank. Permittee
removed the tank and associated pipe in 1989, and in 2000, removed as much
contaminated soil as possible. In 2000. Permittee conducted groundwater sampling in
Landfill Area 3. The sample results showed benzene, toluene, ethylbenzene. xylene,
naphthalene, and methyl terl-butyl ether (MTBL) in groundwater at levels above PTA's
risk-based levels. As part of the permit condition for the 2007 permit. MPIi continued to
monitor (he groundwater. Currently, this landfill is partialh paved with a MI-'Rl
occupied training/administrative building and various training structures/props.
In March 2001 and October 2002. Permittee conducted methane gas monitoring in
subgrade monitoring points located in Landfill Area 3. The results of the monitoring
showed no threat to human health from methane gas inhalation or explosion at the
monitoring sites.
d. Melzerott Road Landfill {SWMU 12)
Met/erott Road Landfill (SWMU 12) is located in the western section of the College Park
Campus, south of Metzcrott Road and east of Adelphia Road adjacent to the Astronomy
Observatory, The landfill received wastes including soil, rocks, tree debris, and
construction/demolition nibble in the early 1950s and closed in 1986. At the southern
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base o] this landlill. there are two (2) retention ponds (SWMl's 45 and 46) thai collect
stormwuler IVom the landlill. Permittee dug three (3) pits and took soil and groundwater
samples at this landlill. flic soil samples revealed no wastes or contaminants to a depth
ol IS leet. The analytical results from the groundwater samples showed that low levels
ol metals, methane gas and trace dioxin in the groundwater were below human health risk
screening levels. Currently, the landfill is capped with a soil,'clay cover and is used as a
storage sard for maintenance equipment and supplies. Under the current land use. no
further corrective action is considered necessary.
2. Marvland Fire and Rescue Institute (MFR1) -
MFRI is located on the Paint Branch Landfill Area 3 (refer to Section IV. 1 .c.). I he
University ol" Maryland implemented groundwater remediation measures such as petroleum
product removal. The concentrations of dissolved hydrocarbons have continued to decrease
over time through natural attenuation.
HI. Remedy Discussion
HPA is requiring that the University of Maryland implement protective measures to prevent
any exposure ol'hazardous constituents to humans and/or the environment. 1 hese protecti\e
measures include; (1) the implementation of institutional controls to prevent the use of
groundwater within the Former Landfill Areas and the restriction of activities that could
result in human exposure to the waste and contaminants at the Former Landfill Areas. (2) the
periodic inspection of the former Land ill I Areas. (3) notification of HP A of proposed land
use changes lor the former Landfill .Areas, and (4) continued groundwater monitorin" at
MFRI.
i\ Public Comment
All persons wishing to comment on any of the permit conditions should submit the
comments (including any supporting material, references, and factual grounds), in writing
to:
Leonard l loiham
I LS. FPA Region III
Land and Chemicals Division
RCRA Waste Branch (Maileode 3LC10)
1650 Arch Street
Philadelphia, PA 19103
In the event EPA receives written notice of opposition to the draft permit conditions and a
request for a public hearing within the 60-day comment period, a hearing will be scheduled at a
location convenient to the population center nearest to the University of Maryland. Public notice
of the hearing will be given at least 30 days before the hearing. Any request for a public hearing,
accompanied by written opposition to the draft permit should be addressed lo Leonard Hotham at
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I ho address referenced above. for further information or to view the administrative record for
this draft permit contact Leonard I loth am via phone ai (215} 814-5778 or email at
liotham.leonard'frepa.gov. Handicapped persons with a need for special sendees .should contact
KPA far enough in advance of the hearing to enable the services to he secured.
When making a determination regarding the issuance of a final permit to the University of
Maryland, EPA will consider all written comments received during the comment period, oral and
written statements received during the public hearing (if held), the requirements of the hazardous
waste regulations of 40 C.P.R. Parts 124. 260-264. 268 and 270. FPA's permitting policies, and
HSWA.
When FPA makes a final permit decision to either issue, deny, or modify this permit, notice will
be given to the University of Maryland and each, person who submitted written comments or
requested notice of the final decision. The final permit decision shall become effective thirty
(30) days after the service of notice of the decision unless a later date is specified or review is
requested under 40 C'.F.R. § 124.1 <>. If no comments request a change in this draft permit, the
tinal permit shall become effective immediately once issued.
This draft permit contains conditions requiring the University of Maryland to implement
protective measures to prevent exposure to hazardous constituents to human health and the
environment.
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Attachment C:
Permit for Corrective Action for the
University of Maryland
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