Missouri Department of Natural Resources



Oklahoma Corporation Commission

Final Workplan for the Section 128(a)

State Response Program Cooperative Agreement

October 1, 2014 thru September 30, 2015

1.0 GOAL

Goal 3: Cleaning Up Communities and Advancing Sustainable Development

Objective 3.1: Promoting Sustainable and Livable Communities

Subobjective 3.1.2: Assess and Cleanup Brownfields

PROGRAM RESULTS CODE: 301D24

CFDA: 66.817 State and Tribal Response Program Grants

2.0 OBJECTIVE

To operate and expand a voluntary Brownfields program, including both Oil and Gas exploration and production sites and petroleum storage tank sites, for the Oklahoma Corporation Commission under Brownfields CERCLA section 128(a). Our goal is to operate the program and increase both the number of response and voluntary cleanup program (VCP) actions overseen by our Oklahoma state response programs, especially those associated with petroleum, and enhance the number of sites cleaned up by the Oklahoma Energy Resources Board.

We intend and our guidance promotes inclusion of the following four elements of a Brownfields response program:

1. Timely survey and inventory of Brownfields sites in the state;

2. Oversight and enforcement authorities;

3. Mechanisms and resources to provide meaningful opportunities for public participation;

4. Mechanisms for approval of a cleanup plan and verification and certification that cleanup is complete.

We will include the following among the program activities for this year:

1. Maintain and make available to the public upon request a list of the sites inventoried, and publish on the website a record of enrolled sites addressed and proposed to be addressed by the Oklahoma Corporation Commission’s Brownfields program;

2. Prepare outreach materials, hold both public and industry-specific outreach presentations, and have staff attend conferences to increase public and industry knowledge of our Brownfields program;

3. Perform inspections of possible Brownfields sites and accepted sites, using EM surveys as necessary to document the presence of pollution, and provide technical assistance as appropriate at Brownfields VCP sites;

4. Offer more detailed EM surveys to government and non-profits to help them assess their owned/prospective sites, and to other entities as requested by local governments;

5. Refer government and non-profit owned/prospective sites to EPA for Targeted Brownfields Assessments;

6. Continue to make Brownfields petroleum eligibility certifications;

7. Refer qualifying abandoned Oil and Gas exploration and production Brownfields sites to the OERB for a funded cleanup, and potential former retail petroleum storage tank Brownfields sites to the Commission’s PST Division for a State Indemnity Fund paid or a LUST Trust funded assessment and cleanup. We may at our discretion help to fund limited assessments and cleanups on qualifying Brownfields sites;

8. Work with OERB to establish a way for the Corp Comm Brownfields staff to track Brownfields-eligible sites (sites Corp Comm inspectors or staff have inspected and we have inventoried) through the OERB’s assessment and cleanup process so that Corp Comm can monitor progress and, in the end, know how much each OERB funded site cleanup cost; and

9. Assist EPA and the Oklahoma DEQ with outreach for federal and state Brownfields programs and to educate both the public and members of various industries/industry associations about Brownfields funding opportunities through EPA.

10. Request additional work on the Brownfields database, assessment and cleanup guidance, and other technical issues related to our Brownfields program as necessary;

11. Assist with cleanup for at least one site;

12. Research and acquire or rent the best equipment, supplies, and training for our program and staff;

13. Review EPA, ITRC technology documents as requested, work with ASTSWMO on issues and information requests related to our program, and work with EPA and Oklahoma agencies/governments/other entities on issues and technology related to our Brownfields program.

14. We will submit Property Eligibility Forms to EPA once we have determined that a site is an eligible Brownfields property under our program.

15. Provide assistance with Brownfields issues, including providing maps and data for pre-property assessments; mapping old oilfields for Rural Water District pre-water well installation evaluations; and providing old aerial photos (1937-1980s) to entities statewide as needed for their historical records checks and other research.

Program grant funding will be used in support of program planning, management, limited inspection/assessment, outreach, and other enhancement activities to meet the 4 elements in our Brownfields VCP program including the above activities where that will enhance our program.

3.0 ELIGIBILITY REQUIREMENTS

3.1 Maintain Public Record

Information on sites enrolled in our Brownfields program can be located via our general Commission website, or directly at

A separate list of the sites inventoried and qualified for our Brownfields program, but not yet enrolled, is available to the public upon a written, e-mail or phone request to Brownfields staff.

This fulfills the requirements of CERCLA section 128(b)(1)(C).

3.2 The Four Elements

Does the applicant have a Voluntary Cleanup Program Memorandum of Agreement (MOA) with EPA: No

If yes, provide the date of the MOA: NA

If no, briefly describe how your organization includes or is taking reasonable steps to include in the response program the following. If your organization received prior 128(a) funding, include a description of progress made with this funding.

Brownfields Program progress and accomplishments from October 1, 2013 to March 31, 2014 includes:

1. Our Web Master (Larry Claxton) has revised the public Brownfields web pages for program information, site list, guidance and forms.  This is complete, and can be accessed through the Brownfields link near the bottom of . 

2. Our inventory list of potential Brownfield sites in Oklahoma is growing.  This is largely abandoned oilfield sites turned in to us through inspector site surveys as recorded through our Inspector Brownfield/OERB packets, although PST and other sites have also come in.

3. 2 new sites formally enrolled in our program.

4. 2 sites have completed the Brownfields program.

5. We have done 3 formal letter of petroleum site certification for Oklahoma City.

6. Presentations/Conferences where Brownfields program had a booth and/or staff spoke about the program:

• Oklahoma O&G Expo – Booth, October 3, 2013

• Governor’s Water Conference and Symposium – Presentation, October 22-23, 2013

• ASTSWMO Conference – Presentation, October 28-30, 2013

• IPEC – Presentations, November 11-15, 2013

• OGWA 2014 Conference – Booth & Presentations, January 15, 16, 2014

7. Training – Both free and paid seminars are listed:

(Patricia Billingsley, Madeline Dillner, and Jeff Myers attended unless otherwise noted as a PB for Patricia, MD for Madeline and JM for Jeff)

• Unconventional Completions – Webinar, October 9, 2013 (PB)

• Soil Sampling and Decision Making Using Incremental Sampling Methodology – Webinar, December 3, 2013 (MD)

• NPS Management Plan - Webinar, December 10, 2013 (PB)

• Getting Started: ACRES Training for New Grantees – Webinar, December 10, 2013 (MD)

• Grant Writing Workshop – Course, January 29,30, 2014 (MD,JM)

• Python ArcGIS – Course, February 17, 18, 2014 (MD)

• ASTM Phase I Environmental Assessment – Webinar, march 13, 2014 (MD)

• Basic Petroleum Geology for the Non-Geologist – Course, March 18-20, 2014 (MD)

• TAB: Greener Cleanup for Brownfields – Webinar, March 25, 2014 (MD)

8. Outreach

• ASCOG Board Meeting – Presentation, December 12, 2013

• ASTSWMO Brownfields Focus Group – Meeting, October 15, 2013

• 2014 Oklahoma Brownfields Conference – Planning Meetings

• EPA/HUD Sustainable Communities - Peer Exchange

• GIS Day at the Capitol – Booth

• Petroleum Storage Tank Division & Brownfields Grant – Meeting, March 21, 2013

11. Additional Assistance

• One (1) Brownfields site assessment for McGraw Realtors

• One (1) Brownfields site assessment for Bob Harmon

• Assisted with funding questions for one (1) site for City of Weatherford

• One (1) Brownfields/pre-purchase assessment for property that Cowboy Oil and Gas was considering buying

• One (1) Brownfields site assessment for Mark Webster

• Assisted field operations with two (2) sites

• Researched tax credit information for an operator cleaning up historic oilfield pollution for which they were not responsible

• Inquiry about Enid Tank Farm incident in Garfield County

• Created comprehensive list of Brownfields’ qualified, enrolled, closed, and withdrawn sites for Melanie Veltman of ERIS, Ltd.

• Three (3) rural water districts were assisted by staff

9. Program Tools and Supplies $5,000) Ordered for the Program

• None

3.3 Timely Survey and Inventory of Brownfields Sites in the State

Site surveys and inventory of potentially qualified sites began in July 2007. As of March 30, 2014, there are 2,543 sites in the database that have been submitted for an initial inspection, to see if they qualify for the Brownfields program and/or an OERB cleanup. Currently, there is an inventory of 258 qualified sites, and 13 formally enrolled sites. Program staff maintains and updates this inventory list on a regular base. This list will serve as an inventory of sites from which assessments can be selected as part of site-specific activities.

Since the program began 2,346 sites have been referred by the Corporation Commission Brownfields Program to the OERB (Oklahoma Energy Resources Board) and 613 Brownfields-qualified sites have been addressed by OERB. So far this fiscal year 261 sites have been inspected for Brownfields. OERB will clean up many of these sites.

We will listen to requests for site assessments for sites on this inventory list from any person or community that could be affected by any pollutant at a site, and if necessary will either seek such a cleanup from the site owner or developer, or will seek to turn sites needing cleanup to the OERB or to the PST Division for a funded cleanup

3.4 Oversight and Enforcement Authorities or Other Mechanisms and Resources

While Corp Comm prefers to handle pollution oversight through its voluntary cleanup programs in the Oil & Gas and PST Divisions, it has the authority in state law (see below) to compel assessment and cleanup as needed through its Administrative Law process, where parties can be brought before an administrative law judge who has the authority to issue judicial and consent orders and impose fines within Corp Comm’s jurisdictional areas.

In addition, the Brownfields program rules were promulgated in 2008, and were officially adopted as of July 10, 2008. These incorporated the Guardian guidance and the Brownfields forms by reference.

§27A-1-3-101 E. Corporation Commission.

1. The Corporation Commission is hereby vested with exclusive jurisdiction, power and authority, and it shall be its duty to promulgate and enforce rules, and issue and enforce orders governing and regulating:

• j. spills of deleterious substances associated with facilities and activities specified in paragraph 1 of this subsection or associated with other oil and gas extraction facilities and activities, and

2. “The exclusive jurisdiction, power and authority of Corp Comm shall also extend to the construction, operation, maintenance, site remediation, closure and abandonment of the facilities and activities described in paragraph 1 of this subsection”;

5. The Commission shall have jurisdiction over:

• a. underground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel

• b. aboveground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel

§27A-1-1-204. State environmental agencies - Complaint investigation and response process - Rules.

A. Each state environmental agency and each state agency with limited environmental responsibilities shall develop, implement and utilize a complaint investigation and response process that will ensure all state environmental agencies with authority to investigate, mitigate and resolve complaints, respond to complaints in a timely manner by initiating appropriate action.

2.5 Mechanisms and Resources to Provide Meaningful Opportunities for Public

Participation

This has been promulgated in the Brownfields rules effective July 10, 2008:

165:10-10-10. Notice.

(a)  Public notice is necessary for remediation sites (Phase II sites requiring remediation or cleanup). The applicant must provide public notice that its proposal regarding the site is ready for public review. The notice must be published one time in newspapers of general circulation published in Oklahoma and Tulsa counties, Oklahoma, and in a newspaper of general circulation published in each county where the lands that are the subject of the application are located. The applicant shall also submit the notice to the Brownfields staff for posting on the Commission’s website. The information that must be listed in the public notice is specified in the rule sections 1 through 8. Provisions for public participation information including a set time period for public comment and for the opportunity to request a formal public meeting are also listed.

Oklahoma’s Uniform Environmental Permitting Act and its rules govern procedure for public meetings. [See 27A O.S. Supp. 1996, §2-14-303.]

3.6 Mechanisms for Approval of a Cleanup Plan and Certification that Cleanup is

Complete

This has been included in the Brownfields rules effective July 10, 2008.

165:10-10-9. Assessment and remediation of site.

(a) Assessments

(1)  The appropriate Commission staff may conduct initial site inspections to evaluate and recommend those sites that qualify for the Brownfields program; Brownfields staff will approve inspections and assessments and list each approved site in the database.

(2) Qualified environmental professionals will perform an assessment (Phase I and/or Phase II) of each property.

(3) Governmental entities, quasi-governmental entities, and non-profit organizations may be eligible for a Targeted Brownfields Assessment (TBA) conducted by EPA. TBAs may also be done on other sites, including sites requested by local governments and on properties with some community-purpose reuse.

(4) OERB’s qualified staff or contractor may perform assessments on abandoned exploration and production (E&P) sites.

(5) Assessments of former retail petroleum storage tank sites will be overseen by and coordinated with the Commission’s PST Division staff.

(6) EPA’s All Appropriate Inquiry (AAI) Rule appearing in 40 CFR Part 312 shall be complied with as per the Commission’s guidance.

(7) If during an initial investigation or Phase I or Phase II assessment pollution is discovered and immediately removed from the site, as confirmed with sample analytical results, the site may qualify for No Further Action (NFA) status.

(b)  Phase I. Basic site and assessment information is necessary for exploration, production, and/or pipeline sites known or suspected to be contaminated by substances defined in OAC 165:10-10-2(a), and for PST sites. Initial site assessment information includes, but is not limited to:

(1) Analyses from one or more soil and water background samples;

(2)  A certified survey or the results of a GPS survey defining the area of pollution,

(3) The present and proposed uses of the site;

(4) The operational history of the site and current use of areas contiguous to the site; and

(5) Detailed historical and records reviews as per AAI, which may be waived by Brownfields staff until after the basic physical environmental/pollution assessment is completed and Commission staff concludes its review of sample data pertaining to the site.

(6) A Category Index Table must be submitted for all oil and gas and pipeline sites likely or definitely polluted above action levels. The Category Index Table appears in the Commission’s Guardian Guidance document, which is available on the Commission’s website or by request.

(7) Sites that are determined by the Brownfields staff to need no remediation following an acceptable Phase I assessment can be issued NFA certification once the Brownfields staff receives appropriate documentation.

(c)  Phase II.  Phase II sites are those sites where the Phase I assessment demonstrates the need for additional assessment, action level determination, and (often) remediation guidance.

(1)  Phase II oil and gas sites and pipeline (crude and refined product and produced water) sites will be overseen by the Oil and Gas Conservation Division’s Brownfields staff;

(2)  Phase II retail petroleum storage tank sites will be referred to the Commission’s PST Division and will adhere to the Oklahoma Risk-Based Corrective Action guidelines for assessment and remediation;

(3)  Necessary information generally includes but is not limited to concentrations of pollutants in the soils, surface water or groundwater at the site; the vertical and horizontal extent of pollution in the soils, surface water or groundwater at the site; a determination that risk based criteria to protect human health and the environment at and around the site are or are not being met; and recommendations on how to meet risk based criteria, including remediation as needed;

(4) Sites that are determined by the Brownfields staff to need no remediation following appropriate environmental and risk assessment can be issued NFA certificates once the Brownfields staff receives appropriate documentation.

(d)  Status of site when NFA is required.

(1)  A no further action determination is appropriate for a site if at the conclusion of the initial inspection, TBA, Phase I or Phase II investigation, or subsequent to the immediate removal of pollution from a site, the Brownfields staff or other appropriate Commission staff finds or concurs that the site poses no significant risk to human health or safety or the environment according to the proposed use of the site.

(2)  Brownfields staff will issue a NFA certificate when the site is restored for beneficial use and other required program elements, if any, are completed.

(e)  When pollution is likely present or is present above action levels. If pollution is likely present or is present above action levels at a site, further assessment and remediation will adhere to one of the following regimens:

(1)  The Oil and Gas Conservation Division’s Guardian Guidance document and rules for petroleum and produced water site assessment and remediation oversight, enforcement, approval and verification; or

(2)  The PST Division’s guidance document and rules for site assessment and cleanup oversight, enforcement, approvals and verification; or

(3)  For E&P sites where there is no RP, the OERB Abandoned Site Assessment and voluntary surface restoration site program may be used with Brownfields staff oversight for sites designated to be in the Brownfields process. There is no requirement that OERB sites be designated as Brownfields sites; and

(4)  The Commission’s Brownfields staff will act as the regulator for the Brownfields program and ensure that applicable Brownfields laws and rules are followed.

165:10-10-12. Closures of Brownfields.

(a)  Final surface remediation confirmation.

(1)  A qualified environmental professional for the applicant and/or the Brownfields, other Oil & Gas, or PST staff of the Commission, or the OERB, if such entity is involved with the site, will perform a closure survey, which may include but is not limited to visual observations and sampling the soil, surface water and/or groundwater at the site to confirm the project is completed and the property is ready for its proposed use;

(2)  The results of the closure survey, including any soil, surface water and/or groundwater sample results, must be submitted to appropriate Commission and Brownfields staff, and the appropriate regulatory program will confirm if cleanup standards have been met.

(b)  Final documentation.

(1)  The applicant is required to submit all necessary documentation regarding the site to Brownfields staff.

(2)  The Brownfields staff will review, as required by applicable laws and rules, the work performed on the site as reflected in the documentation filed by Applicant.

(3)  The applicant shall submit to Brownfields staff recorded copies of documents confirming that any deed restrictions or other institutional controls have been filed with the appropriate authorities.

(c)  Request for closure. The applicant shall request closure of the site after all reviews have been completed by applicable Commission staff members and the site is found by Commission staff to be in compliance with all the Brownfields and regulatory laws and rules.

(d)  Records of sites. The Brownfields staff will maintain a public record of each site that has qualified for the Brownfields program for a period of three (3) years. After the three (3) year period has expired the records will be archived.

165:10-10-13. Commission Brownfields certificates issued.

(a)  A “No Action Necessary” or a “No Further Action” Certificate shall be issued to applicant by the Commission when the Commission has made such determination.

(b)  A “Certificate of Completion” will be issued by the Commission for remediated sites after the closure survey of the site and review of the project has been approved by the Commission.

(c)  The Certificates will state whether or not any continuing care of structural institutional controls, or any long term monitoring of the site, is to occur after issuance of any Certificate.

(d) All Brownfields Certificates issued by the Commission must be filed by the applicant in the office of the county clerk in the county where the Brownfields site is located. The Applicant is required to provide a copy of the certificate reflecting that it has been recorded with the county clerk’s office both to the landowner of the subject site and to the Brownfields staff within thirty (30) days after the certificate has been filed.

(e) Applicant’s submission of any false or materially misleading information to the Commission in conjunction with its application shall render voidable any of the Certificates discussed above.

4.0 FUNDING

Funds are 100% federal dollars for the Section 128(a) State Response Program Cooperative Agreement. No match is required, although state OERB or PST assessment/cleanup funds will also be used at many Brownfields inventory and/or enrolled sites.

We received $185,000 in federal funds for the Brownfields 128(a) program for the October 1, 2014 - September 30, 2015 federal fiscal year.

4.1 Program Budget Breakout

Cumulative Budget – Awarded totals (not actuals)

| |FY14 |FY13 (and previous) |Totals |

|Personnel |95,300 |81,755 |177,055 |

|Fringe ([36%]of Personnel) |34,308 |29,431 |63,739 |

|Travel |19,500 |28,410 |47,910 |

|Equipment |0 |0 |0 |

|Supplies |1,500 |1,500 |3,000 |

|Contractual |25,392 |30,404 |55,796 |

|Other |9,000 |8,500 |17,500 |

|Indirect ([%]of Personnel) |0 |0 |0 |

|TOTAL |185,000 |180,000 |365,000 |

FY 2014, October 1, 2014 – September 30, 2015

|  |Task 1 |Task 2 |Task 3 |Totals |

| |Program Planning & Management |Program Enhancement |Site Specific Activities and | |

| | | |Assessments | |

|Personnel & Benefits (.36) |$42,432 |$42,976 |$44,200 |$129,608 |

|Travel - meetings, sites, outreach | |$9,500 |10,000 |19,500 |

|Equipment | | | | |

|Supplies* | |$1,500 | |$1,500 |

|Contractual | | |$25,392 |$25,392 |

|Construction | | | | |

|Other - Truck, training, registration | |$6,000 |$3,000 |$9,000 |

|Indirect | | | | |

|TOTAL |$42,432 |$59,976 |$82,592 |$185,000 |

*Supplies include office supplies; historic aerial photos, computer hardware and software purchase less than $5,000

Personnel Titles FTE % Cost

|Division Director | | |

|Department Manager | | |

|Brownfields Unit Supervisor |.50 |$35,360 |

|Brownfields Program Specialist |1 |$50,320 |

|Grant Compliance Officer |.10 |$5,712 |

|Field Inspectors |1 |$38,080 |

|Division Web Manager | |$136 |

|Admin. Assistant | | |

|Total | |$129,608 |

4.2 Summary of Intended Use of Funds

For the next fiscal year, Corp Comm’s Brownfields Program staff will continue developing the programmatic items listed in the table below, including:

• Enhance The Four Elements

• Maintain the Public Record

• Enhance the Response Program or Cleanup Capacity, and

• Site-Specific Activities

| | | |

|FY 2014-2015 Funding Use |Allocated Amounts |Summary of Intended Use |

|Establish or Enhance The Four| |Finish setting up and maintain the four elements |

|Elements |$25,786 |Survey and inventory, |

| | |Oversight and enforcement, |

| | |Public participation, |

| | |Approval and verification |

|Establish and Maintain the | |Maintenance of the public record |

|Public Record |$2,992 |Publicity, public info |

| | |OCC involvement on petroleum Brownfields issues as requested by EPA, DEQ, ATSWMO |

|Enhance the Response Program | |Evaluate how well our mechanisms for eligibility, approval, verification, and |

|or Cleanup Capacity; also |$73,630 |certification work |

|Outreach | |Training for professional and field staff |

| | |Administration of Program |

| | |Work with PST, OERB, Oklahoma City, and others to channel sites into the BF program |

| | |Speak at or use a booth taken at Association and group meetings to raise awareness of out |

| | |program; speak to reporters or issue occasional press releases. |

| | |Coordinate with DEQ and other BF agencies |

| | |Establish/enhance routines for reporting and financial tracking/accounting |

| | |Order needed supplies and equipment |

| | |Research best methods for assessment, cleanup, and institutional controls |

|Site-Specific Activities | |Site Surveys/Inspections |

| |$82,592 |Request Site Assessments of possible BF sites – Targeted Brownfields Assessments |

| | |Have OERB and/or PSTD perform Phase I/Phase II assessments and small cleanups; |

| | |Contract some cleanup work at sites; |

| | |Work with PST on Non-profit sites and on municipality/other public entity sites, possibly |

| | |including tank pull and co-pay costs. |

| | |Use EM equipment to map brine extent at sites |

| | |Petroleum eligibility determinations |

| | |Assessment and Cleanup oversight |

| | |Assist Municipalities |

|Environmental Insurance | |NA |

| |$0.00 |This is not planned for the next year |

|Revolving Loan Fund | |. NA |

| | |This is not planned for the next year |

| |$0.00 | |

|Total Funding Requested | | |

| |$185,000 | |

4.3 Staff

• The Brownfields program manager (Patricia Billingsley) will work about 0.5 fte on the Brownfields program and about 0.5 fte managing other state related duties;

• One professional staff member (Madeline Dillner) will work 1 fte for the Brownfields program, making GIS maps for property assessments, sharing old oilfield and historic aerial photo information with others via setting up a new map library for download, performing field tasks, overseeing sites, reviewing site progress and reports, updating site information, maintaining the public list, etc.

• One professional staff member (Jeff Myers) will work .10 fte for the Brownfields program, as a CPO (certified procurement officer), tracking grant funds, performing grant compliance, etc. and .90 fte on the Underground Injection Control Program;

• Three other professional staff members assist Brownfields staff when they are performing EM surveys of sites, with time spent billed to the program;

• Temporary staff assists by continuing our effort to establish and complete a historic aerial photo library for research of sites, with time spent billed to program. Other agencies have requested access to this historic environmental resource, so over the next year these (over .5 terabytes) will be uploaded to a site where there is download access for all;

• Clerical and other staff will be given specific tasks as needed, with time spent billed to the program. No specific fte will be assigned.

• The Oil and Gas Division Webmaster (Larry Claxton) will update the Brownfields web site as necessary, with time spent billed to the program;

• Field inspectors will survey sites in the field, with time and mileage billed to the program; and

• Commission legal staff assist Brownfields program staff when legal issues arise, contracts need to be written, and can help us determine whether or not there is a Responsible Party for a site.

4.4 Expected Site-Specific Activities

Commission staff will continue to survey and inventory potentially polluted abandoned oilfield sites, steering as many as possible to the OERB for a funded cleanup. In addition:

• Staff may be doing some initial site inspections, including more precise polluted area determinations, lat/long surveys, limited sampling and/or EM surveys at oilfields sites (not at PST sites);

• Staff will provide oversight and assistance to site “owners”/potential buyers and others who are performing assessments and seeking cleanups on Brownfields properties, including review or proposed scopes of work and Phase I/II reports;

• Staff will work with site owners/potential buyers and with PST Division staff on petroleum storage tank Brownfields sites;

• The program undertake plugging activities in water wells and borings (non oil and gas wells), where these are a part of a Brownfields site cleanup and/or to prevent the spread of pollutants from a site, and will refer unplugged abandoned oil and gas wells at Brownfield’s sites to the Commission’s plugging fund program;

• The Brownfields program will acquire additional historic photos, geologic information, and other data to aid in current or future site assessments; and

• Staff expects to request (along with the site owners) that EPA’s contractor provide some initial Targeted Site Assessments for governmental entities, quasi-governmental entities, and non-profit organizations, and other sites as requested by local governments.

The Corp Comm’s Brownfields Program may perform some limited initial sampling and contract and/or fund a few small quick cleanups at abandoned (no RP) contaminated sites for non-profits and governmental entities; however, most assessment and cleanup work be done or arranged either:

• By the Brownfields site “owner”, with Corp Comm oversight; or

• By OERB (on abandoned/bankrupt oil & gas E&P sites), using state funds and Brownfields grant funds they have applied for;

• By the PST (Corp Comm Petroleum Storage Tank) Division’s fund programs, with PST oversight of the cleanup.

Brownfields staff will ensure that all Brownfields program elements are adhered to.

Corp Comm’s Brownfield Program will also include:

• Brownfields petroleum eligibility determinations, and

• Environmental professional and geological scientist qualification verifications – the Commission Brownfields program has a form on which Environmental Professionals (EP’s) submit their qualifications. All consultants working on Brownfields sites in our 128a Brownfields program must be EPs meeting AAI standards or working under the supervision of an EP meeting AAI standards. We will provide a list of EPs upon request.

4.5 Potential Tasks for Each Funding Use

4.5.1 Enhance the Four Elements

• Maintain and update the web inventory site list

• Implement the public notice requirements in the rules

• Enhance review & approval mechanisms, ensure they work as sites come into the program

• Review site proposals for compliance and science

• Work with EPA to review, discuss, approve program elements

• Continue working with the City of Oklahoma City, and hopefully begin working with other cities and towns and Brownfields grant recipients in Oklahoma

4.5.2 Maintain the Public Record

• Corp Comm’s Web Administrator has set up our Brownfields web pages; we will be adding to and managing content

• Enter new enrolled sites in our database and into ACRES. Sites that receive only preliminary work without enrolling will not be entered, while sites that are inspected for the inventory will be entered as they enroll. Several sites have been added to ACRES.

4.5.3 Enhance the Response Program or Cleanup Capacity; also Outreach

• Continue to work on guidance, updating or enacting rules as needed

• Decide on acceptable institutional controls

• Continue working on our GIS catalogue of historic aerial photographs

• Get the old oilfield and historic aerial photos uploaded to a GIS-mapping server accessible to all, statewide

• Public speaking about our new program, enhance outreach materials

• Promote the Brownfields program

• Increase the number of BF sites handled by Pollution Abatement (PA) and/or OERB

• Get additional Brownfields assessment, site remediation, and other training for staff;

• Attend National and regional Brownfields conferences

• Submit Semi-Annual Progress Reports

• Work with EPA to establish yearly and continuing Workplans

• Purchase necessary equipment and supplies - Includes research of best.

4.5.4 Site-Specific Activities

• Prioritize sites and activities

• Make site listings

• Review and enhance our methodology for surveys, limited assessments

• Perform oversight, approvals of assessments and cleanups

• Partner with EPA or state agencies; assist or request assistance on a site by site basis

• Contract for, alone or with partner agencies, Phase II assessment work and cleanup work

• Perform surveys, TBAs, EM work

• Assist Municipalities/public entities and Non-Profits with costs of tank pulls and other small expenses

• Check site histories, legal issues

• Acquire historic maps, data, and/or photos showing site activities and facilities when they occurred.

4.6 Need for Funding Levels

The existence of the Commission’s Brownfields program has been publicized and more public information activities will occur during the next year. We will be trying to speak to commercial and residential real estate groups, urban planners, municipal associations, oilfield-related trade associations, and groups in impacted areas over the next year. We expect to work on more sites, which will be better tracked, with more information, utilizing the database. We also hope to provide a small amount of funding for assessments and cleanup of sites to encourage more small sites to join and move through the program quickly.

The Oklahoma Corporation Commission’s Brownfields program is becoming known in the state, and we have seen a gradual upswing in our workload through the 2013-2014 fiscal year. We expect the Brownfields program to be used more in 2015 and future years. We anticipate that all Brownfields funds awarded to the Commission will be utilized.

4.6.1 Special Projects

Our year long project to map all old oil and gas fields state wide is now complete. These maps have been shared with the most active, GIS-capable COGS in the state, who will be using this when they work with cities and towns on planning. Other individuals, developers, and towns have also begun to ask for data downloads. To enhance the sharing of this brownfields data statewide, we are working with the state GIS council to place all of these maps on a server accessible to anyone with an internet connection. We are also attempting to get another state agency, the Oklahoma Water Resources Board, to enact new water well drilling standards for these historically higher pollution risk areas, which will occupy staff time in meetings and presentations at OWRB and state water conferences before the official rule making over next winter.

In addition, our multiyear joint project with UIC to acquire, scan, and georectify all historic aerial photos in the state is ongoing. Individual property purchasers, developers, and towns have also begun to ask for these, to research and assess historic activities on their sites, which is occupying staff time. To enhance the sharing of this brownfields data statewide and unburden our staff, we are working with the state GIS council to place all of these photos (0.5 terabytes of data, and climbing) onto a server (OKMaps WMS service) accessible to anyone with an internet connection. We estimate that this will take over a year to complete, with ongoing updates thereafter as we acquire new historic aerial photos.

This new online availability will allow other state agencies (such as ODEQ Brownfields), cities and planning-agency COGS, real estate developers, and/or prospective landowners to more easily find and use these historic photos to perform pre-purchase and other property assessments. In addition, these photos have many other potential uses for agencies and individuals, such as to:

• Check historic urban/suburban land use, building and zoning changes;

• Map where streams have changed courses, where wetlands once were, and how lake shorelines have changed over time;

• Evaluate how agricultural land, including crop types and acreage tilled and forest cover, have changed over time;

• Age-date infrastructure;

• Provide material which OU, OSU, etc. can use in their GIS, geography, land use, etc. classes, including Georeferencing exercises and GIS map making - why not use real world examples? The professors we have talked to about this are quite interested; and

• Document other historic changes over the past ~75 years.

By making all of the Oklahoma Historical Aerial Digitization Project photos on-line accessible, we also hope that agencies and people who download and georeference photos for their own use will also send us back a georeferenced copy we can then make available to others - using  crowd sourcing to get this project accomplished more quickly!

4.6.2 New Partnership

For the past several months we have been working with the Oklahoma Rural Water Association, because the now 3 year long drought is drying up water supplies across much of the state.  When a Rural Water District (RWD) wants to drill a new Public Water supply well, we perform an environmental assessment for them over their potential Public Water supply (PWS) well location (they have to go with locations where they can option water well rights). We download data for them and use our GIS to show old oilfields (now mapped statewide, with BF funds), current O&G wells, PST locations, and historic water well information from OWRB for them, to help them pick the best, most likely pollution free locations.  RWDs do not have the data download and mapping ability we have, do not have the historical oilfield and well log data at hand like we do, and lack geologists on staff to interpret maps and data.  We are also partnering with ACOG to in the future run some geophysical surveys for RWDs to help pinpoint locations.

For example, this week we met with a Creek Co. RWD supervisor and their contract consultant engineer to go over our research on a couple of possible new water well sites (in 1 square mile sections) for them, because their water supply lake is drying up. I had to tell them that one possible well location was adjacent to an old oilfield, where there was a 2011 water well that had encountered oil in the aquifer upon drilling – NOT a good potential Public Water Supply area!  Half of one other section had good water potential. We also showed them how geophysics could help them pinpoint a water well drill site, and gave them ACOG’s geophysicist information. And we staff have now finished mapping a new area for their possible second well.

These are not your traditional pre-purchase property assessments, but a possible pollution assessment before acquiring water rights and drilling an expensive new well IS a really good idea in rural/small town Oklahoma.

[pic]

5.0 WORKPLAN ACTIVITIES and TIME FRAME FOR ACCOMPLISHMENT

|Site Activities Narrative (Commitments) |Timeframe for |Results of Activities |Projected Environmental |Established Baseline for |

| |Accomplishment |(Outputs) |Improvement (Outcomes) |Measurement |

|Task 1: Planning and Management | | | | |

|Activity 1: Program Management and Supervision | | | | |

|Supervise and manage the Brownfields (Voluntary |Ongoing activities. |Memos to staff, Emails, |Maintain effective work force to |2008 Workplan; other |

|Cleanup) Program staff to meet program goals. |Evaluations done twice |meeting summaries. |meet workplan commitments; track |workplans for years prior to |

|Assign, prioritize, track and evaluate staff |annually. | |workload for staff and |current year |

|workload. Conduct periodic project status | | |co-operators | |

|meetings with staff to discuss project issues and| | | | |

|priorities. Conduct annual performance | | | | |

|evaluations for staff. Work with Field | | | | |

|Operations Staff, Commission support personnel, | | | | |

|and OERB (Oklahoma Energy Resources Board, which | | | | |

|performs site cleanups) staff. | | | | |

|Post Brownfields site information (Property |Database additions done|Information in our |Organize site information to |BF guidance and rules |

|Profile) in EPA’s ACRES system and in the |weekly, ACRES updates |inspection/inventory list, |better assist Corp Comm, EPA and | |

|Commission tracking system. Post and update site|done quarterly as sites|database, EPA’s ACRES |public review. |No sites were in ACRES prior |

|information on the Commission web page for public|enroll |system, and/or summarized | |to FY08 |

|access | |on public web page. | | |

|Activity 2: Cooperative Agreement (CA) | | | | |

|Administration (Pre - and Post-Award) | | | | |

|Ensure that the workplan is developed in |Draft and final |CA workplan, budgets and |Effective CA applications, |Timely award of CA award |

|accordance with State and EPA policies. Ensure |workplans with budget |federal assistance forms |expedited processing, improved | |

|that budget and administrative aspects of |submitted annually, | |awareness of EPA guidance | |

|application requests conform to State and EPA |modified as necessary | | | |

|policies. Review new and revised CA agreement | | | | |

|guidance. | | | | |

|Reports to EPA; Milestone events |Semi-Annually |Tracks accomplishments |Milestones and sites addressed |No milestones before 2008 |

| | | |will demonstrate accomplishments | |

|Administer project closeout activities. |Closure of Grant |Final FFR, other final |Project closeout |Timely submittal of reports |

| | |financial reports | | |

|Activity 3: Cooperative Agreement Legal | | | | |

|Assistance | | | | |

|Review and provide interpretation of State laws |Annual review, |Review |Improved implementation of |Program commitments met |

|and regulations to ensure effective |interpretations as | |Brownfields program | |

|implementation of the Brownfields program. |requested. | | | |

| | | | | |

| | | | | |

|Activity 4: Fiscal and Contract Management | | | | |

|Track the status of deliverables for contracted |Weekly to monthly |Updating Tracking charts, |Efficient contracting activity, |BF Guidance and rules |

|projects |review as necessary |lists |ensure workplan commitments are | |

| | | |met | |

| | | | | |

|Task 2: Program Enhancement | | | | |

|Activity 1: “Establish or Enhance” the four | | | | |

|elements | | | | |

|Update system for survey and inventory of |Database review & |Updated brownfields survey |Provides reasonable estimate of |Excel spreadsheet previously |

|brownfields sites. Work on Brownfields database.|improvements done |and inventory in excel and |number, likely locations, and |used |

| |annually, data entry |database |general characteristics of sites | |

| |done weekly | | | |

|Work with OERB to track sites cleaned up |Weekly review of |Work with OERB to track |So that Corp Comm can monitor |List the number of sites |

| |proposed sites; |brownfields eligible sites |progress and, in the end, know how|OERB/OCC cooperated on in the |

| |quarterly OERB update | |much each OERB funded site cleanup|previous year |

| |of sites accepted | |cost.  | |

|Activity 2: Establish and Maintain the Public | | | | |

|Record | | | | |

|Maintain and update public record system |Inventory lists updated| Updated public record |Increase public awareness of |Spreadsheet and inventory list|

| |weekly, website | |Brownfields program activities | |

| |information and | | | |

| |enrolled list as needed| | | |

|ACRES reporting |As sites are enrolled, |Listing in ACRES |Tracks sites so cleanup and reuse |None listed prior to 2009 |

| |reviewed quarterly | |can be projected. | |

|Enhance Commission Database | As needed |Make changes in database |Better tracking and information on|Previous tracking system |

| | |based on usage experience |sites | |

|Activity 3: “Enhance the Response Program or | | | | |

|Cleanup Capacity” | | | | |

|Perform ongoing public outreach on Brownfields |We are attempting to do|Make brochures and other |Improve understanding and | BF Guidance and Rules |

|Guidance, Targeted Brownfields Assessment (TBA) |2 outreach activities |outreach material; hold |participation in VCP and increase | |

|program and State and EPA Brownfields funding. |per quarter, updating |Workshops, web site updates|awareness in |An annual evaluation of last |

|Develop brochures and update existing public |materials for each | |at least 3 public outreach |year’s outreach efforts, |

|outreach materials and web site. |specific audience | |activities. |repeat of successful actions. |

|As requested, participate in the review of |As requested |Review comments, State |Improve staff technical knowledge |Number of documents reviewed |

|technical documents related to the use of | |concurrence |and program productivity, reduce |and/or calls or e-mail |

|innovative technology promoted by EPA and ITRC, | | |costs |consultations participated in |

|participate in conference calls. Provide State | | | |per year, number of State |

|review comments and concurrence where | | | |concurrences per year |

|appropriate. Work with EPA and Oklahoma | | | | |

|agencies/governments/entities on petroleum and | | | | |

|other brownfields issues. | | | | |

| | | | | |

| | | | | |

|Make Partnerships with other organizations and |As needed or requested |Pathways for pollutant |Wider range of Environmental |None as of 2008. Since 2010 we|

|State Agencies as needed | |migration to be recognized |Options for sites |have worked with OK DEQ and |

| | |and eliminated. Choosing |New PWS water well locations in |Oklahoma City to put on the |

| | |locations for new rural |locations where pollution is less |Oklahoma Brownfields |

| | |Public Water Supply wells |likely. |Conference every 18 months, |

| | |that are the least likely | |and we are working with |

| | |to be affected by historic | |Oklahoma City on their Core to|

| | |pollution sources. | |Shore re-development area, for|

| | | | |which they just received an |

| | | | |ARC Assessment grant. In the |

| | | | |current fiscal year we began |

| | | | |partnering with the ORWA to |

| | | | |assist Rural Water districts, |

| | | | |which will expand in the Oct |

| | | | |2014-Sept 2015 fiscal year. |

|Continue working on our GIS catalogue of historic|By spring 2015 for |Better enable historic |Better assessments of historic |Not done prior to 2013 fiscal |

|aerial photographs, and Get the old oilfield and |initial upload of the |assessments by purchasers; |activities related to sites being |year. The number of requests |

|historic aerial photos uploaded to a GIS-mapping |current half terabyte; |Check historic |assessed; |for this information per year |

|server accessible to all, statewide |continuing as new |urban/suburban land use, |Better planning capabilities for |will be a gauge of its |

| |aerial photos are |building and zoning |towns and COGs. |usefulness, once availability |

| |obtained, scanned, and |changes; | |is assured and people know the|

| |georeferenced. |Map where streams have | |resource exists. |

| | |changed courses, where | | |

| | |wetlands once were, and how| | |

| | |lake shorelines have | | |

| | |changed over time; | | |

| | |Age-date infrastructure for| | |

| | |towns with no paper | | |

| | |records, for planning | | |

|Issue Petroleum eligibility letters |As request are |Letters issued on sites |Enable petroleum sites to qualify |First ones issued in 2008 |

| |submitted | |for Brownfields program | |

|Identify training needs, develop training plans, |Needs are reviewed at |Attend training courses |Improve staff technical and |Number of training courses |

|and provide training for staff in the areas such |least twice a year, and| |regulatory knowledge, greater |attended/year |

|as health and safety, project management, public |then scheduled | |understanding of program, improve | |

|involvement, environmental sampling, site | | |program productivity | |

|characterization, risk assessment, and cleanup | | | | |

|technology. | | | | |

| | | | | |

|Task 3: Site-Specific Activities | | | | |

|Conduct initial inspection, initial records |Potential sites are |List of sites |Improve program productivity |Number of inspection per year |

|search, listing of possible Brownfields sites – |reviewed weekly | | | |

|at least 30/year | | | | |

|Acquire historic maps, data, aerial photos, and |Ongoing activity as |Historic data on site |Increased knowledge of what |Acquisition began in 2009; |

|create a GIS based aerial library |needed |activities/facilities |occurred at site for better |library continues to be |

| | | |planning of assessment, cleanup |updated with georeferenced |

| | | | |photos |

|Public Water Supply Site suitability assessments |As requested by ORWA or|Maps and tables and |Improve RWD production of good |New program this year. |

|– at least 4 per year |towns |recommendations |water | |

|Conduct pre-assessment or cleanup project |Done when sites are |Meetings |Increase knowledge of Brownfield |Prior year |

|discussions, meetings and administration – 2-3 |enrolled, as needed | |program, improve program | |

|/year |thereafter | |productivity | |

|Ensure that all sites where federal funding is |As projects begin |Retain documentation |Ensure the appropriate use of |Universe of potential sites |

|utilized conform to the federal definition of | | |federal funding | |

|Brownfields. Request Eligible Response Site | | | | |

|designations, as appropriate. | | | | |

| | | | | |

|Conduct and/or oversee initial assessments, EM |Sites are reviewed at |Assessment or cleanup |Number of sites addressed, |Prior year |

|surveys, or other work qualifying sites for |least quarterly |reports, property profile |estimated number of Brownfields | |

|program– 2-3 /year. Corp Comm may become aware | |forms |property acres available for reuse| |

|of other sites in the future that may be a higher|List of site provided | |or continued use | |

|priority than some of the sites initially listed |in Semi-Annual program | | | |

|for an assessment or cleanup, on the inventory. |reports | | | |

| | | | |Prior year |

|Phase I ESAs, TBAs – Requests to EPA; List of | |A list of sites for which |Corp Comm anticipates that at | |

|sites | |TBAs are requested will be |least two TBAs will be requested | |

| | |sent to EPA; Property |each year, in addition to the | |

|Phase II ESAs – (not performed by Brownfields |Phase I, Phase II TBAs |Profile Forms and reports |limited assessment work (EM | |

|program) by contractors overseen by PST staff or |- Once sites are |recieved will be shared |surveys, limited sampling of key | |

|performed by OERB Contractor. - List of sites |Enrolled and a need for|with EPA. |areas) done by Corp Comm. | |

| |a TBA is found. | | | |

|Cleanups – performed by OERB, under PST oversite,| |OERB does not share its | | |

|done by site owners - List of sites |By state law, Corp Comm|reports on its sites with | | |

| |has NO jurisdictional |Brownfields. PSTD shares | | |

| |oversite in planning or|their final reports with | | |

| |field work once a site |Brownfields on joint sites.| | |

| |is turned to the OERB | | | |

| |or PSTD. Brownfields | | | |

| |does have oversite over| | | |

| |site owners doing their| | | |

| |own work.. | | | |

|Submit site-specific sampling and/or cleanup |Once the site sampling |A copy of the site sampling|Ensures that a written, sufficient|Not previously done |

|plans to EPA for approval. |or cleanup plan or |or cleanup plan or contract|site plan is made | |

| |contract is prepared. |funded by the 128a | | |

| | |Brownfields program will be| | |

| | |provided to EPA. | | |

6.0 RESULTS OF ACTIVITIES (OUTPUTS): See Table

7.0 PROJECTED ENVIRONMENTAL IMPROVEMENT (OUTCOMES): See Table

8.0 BASELINE FOR MEASUREMENT: See Table

9.0 QUALITY ASSURANCE

Will environmental data be collected under this agreement? Yes _X_ No ___

Does the Oklahoma Corporation Commission, Oil & Gas Conservation Division, PA/UIC have an approved Quality Management Plan? Yes _X_ No ___

What is the approved current Quality Management Plan QTRAK number? _14-024__

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download