BROWNFIELDS 2005 Dealing with Unexpected Contamination Lowry Air Force Base Redevelopment Denver, CO Tom Markham, Executive Director, Lowry Redevelopment Authority Monica Sheets, Regulatory Specialist, Colorado Department of Public Health and Environment

Location

Lowry Today

Lowry Environmental Issues Typical of Military Base or Small City Fuel tanks, coal storage areas, groundwater plumes, landfill, etc. Air Force investigations started in 1989 BRAC Cleanup Team (BCT) (CDPHE, AF, EPA) investigations began in early 1990s

Lowry Environmental Process : Development occurred on property reviewed and approved for transfer by the BCT Cleanup was to be complete in 2000 In 2002, cleanup of groundwater and landfill cap privatized Air Force retained responsibility for soils cleanup

Northwest Neighborhood

Colorado is Notified The asbestos materials found are associated with building debris. Insulation, roofing, or tile materials—construction debris. Asbestos found in isolated pockets; scattered on the surface; and randomly distributed across the surface due to grading. Asbestos materials appear to be from Air Force buildings that were demolished in the 60’s/70’s.

Asbestos Debris

State Response Short-term: determine if immediate action needed to be taken. Were there immediate risks to the residents? Construction temporarily halted Dust controls required Long-term: determine the extent of contamination and if remediation would be necessary

State Issued Compliance Advisories Advisories directed the builders, LRA and Air Force to: Halt all excavation and soil disturbing activities in the Northwest Neighborhood Employ emissions controls Develop soil sampling and response plans Conduct limited indoor sampling

Soil Sampling

Asbestos Cleanup Costs Extensive soil sampling and removal of any detectable asbestos down to 2 feet Cost to LRA and homebuilders $15 million Not covered by environmental insurance Parties seeking reimbursement by Air Force National precedent for Air Force

LRA Perspective Caught between two conflicting agencies: AF and CDPHE Managing community relations and media coverage Concerns about stigma and property values

Lessons Learned Avoid surprises with thorough investigations Expect the unexpected—you will find previously unknown contamination Have a plan for responding to a “surprise” Make sure the military is on board with your plan and will accept and assume responsibility for cleanup This may avoid disagreements between the regulators and the military about the scope and extent of cleanup

Lessons Learned Have technical oversight during excavation to identify contamination—so you don’t exacerbate it! Notify the military as soon contamination is discovered Don’t disturb it further – the DoD may argue that not the result of their activities Document it Military obligated to come back under CERCLA 120(h) – secure this agreement and process up front

Solution: Lowry Privatization Risk management approach--plan for unknowns, expect surprises Development industry needs managed risk (builders, lenders, insurances, etc.) Integrate environmental cleanup with development Environmental insurance for asbestos, cost overruns and unknowns Secured funding and property transfer