SOUTHERN REGIONAL ENVIRONMENTAL OFFICE (SREO) - PowerPoint PPT Presentation

OVERVIEW OF

MEMPHIS DEFENSE DEPOT

MAIN INSTALLATION

LAND USE CONTROLS

David M. Buxbaum

SREO Regional Counsel

30 June 2005

Memphis Depot Aerial View

Memphis Depot Background

• Formerly known as the Defense Distribution Depot (Memphis), Tennessee or DDMT.
• Located in SE Memphis near airport; Size: 642 acres.
• Mission: Materiel storage and stock control facility for US Army and other Services [1942 –1995].
• Main Installation (MI) [~ 578 acres] has warehouses, open storage areas and military family housing.
• Dunn Field [~ 64 acres] used for bauxite storage piles, equip. de-contamination and waste disposal areas.
• Identified for closure under BRAC July 1995.
• 2004 Facility of the Year Award by NAID/ADC for Memphis Depot Business Park.

Memphis Depot Business Park

Memphis Depot Dunn Field

PBC DOI Parks (DF –15 Acres) Sep 2004

PBC DOT 2 (DF – 34 Acres) Feb 2010

PBC DOT 1 (DF – 20 Acres) Sep 2004

Dunn

Field

EDC 2 (MI - 275 acres) Sep 2003

EDC 1 (MI - 13.4 acres) May 2002

Main Installation

PBC DOI (MI - 4.7 acres) Feb 2002

PBC HUD (MI - 6.5 acres) Sep 2001

PBC DOI (MI - 50 acres) Sep 2005

EDC 3 (224 acres) Jun 2008

Memphis Depot Redevelopment

Memphis Depot Regulatory Dates

• RCRA Facility Investigation by EPA in January 1990.
• Issued RCRA Part B permit by TDEC DSWM in September 1990 for container storage unit.
• Issued HSWA permit by EPA in September 1990 for corrective action of SWMUs and AOCs.
• Added to Federal NPL on October 14, 1992 with HRS score of 58.06 [57 Fed.Reg. 47180].
• FFA between Defense Logistics Agency (DLA), EPA and TDEC March 6, 1995.
• RCRA Part B permit terminated October 1998.
• TDEC & EPA agree to terminate HSWA permit in January 2005 due to deferral to CERCLA cleanup.

• Remedial Project Managers: DLA – Mike Dobbs; EPA – Turpin Ballard; TDEC – Jim Morrison.
• 1995 thru 2000 conducted RI/FS and several interim actions to remove contaminated surface soil.
• ROD for MI (February 2001); selected remedy includes bioremediation of VOC [PCE & TCE] contaminated groundwater and land use controls (LUCs).
• LUCs to prevent residential use/daycare facilities and production/consumptive use groundwater wells.
• Final Remedial Design (July 2004) included Land Use Control Implementation Plan (LUCIP).

• Land Use Control Objectives:
• Prevent direct contact/ingestion of surface soils contaminated with dieldrin, arsenic and lead;
• Prevent ingestion of groundwater contaminated with VOCs.
• Land Use Restrictions:
• No residential use or other child-occupied facilities, including daycare;
• No production/consumptive use of groundwater or drilling wells.

• Deed and Lease Restrictions:
• Property transfer documentation includes land use restrictions;
• Lessee (DRC) subject to “environmental protection provisions” in lease which restrict use.
• Notice of Land Use Restrictions:
• Recorded at Shelby Co. Register of Deeds pursuant to TCA 68-212-225;
• Identifies location of residual contamination and specific use restrictions.

• Zoning Restrictions:
• Depot located in Light Industrial (I-L) zoning district;
• Memphis Land Use Control Board administers and enforces zoning ordinance.
• Groundwater Well Restrictions:
• Shelby County Well Construction Code prohibits installation of drinking water wells within half-mile of designated boundaries of Superfund site.
• Golf Course Fence:
• Preclude casual access by public passerby and prevent unauthorized uses.

Notice of Land Use Restrictions

• Includes legal description of the site.
• Identifies:
• the location and dimensions of the areas of potential environmental concern with respect to surveyed benchmarks;
• the type, location, and quantity of regulated hazardous substances known to exist at the site;
• the specific restrictions on the current or future use of the site.
• Once filed, restrictions enforceable by any owner and local government agency with jurisdiction.
• Copies provided to EPA, TDEC, City of Memphis, Shelby County Dept of Health, DRC, USACE, BRACO.

Memphis Depot Golf Course

• Monitoring frequency and responsible entity provided in Table 1 of LUCIP.
• Part of CERCLA 5 Yr. Review process; report certifying effectiveness of the remedy including LUCs.
• Army may arrange to have TDEC or 3rd party conduct required monitoring but retains responsibility.
• Annual site inspection to ensure land use restrictions are being followed; checklist and certification.
• If deficiency/violation, then Army will inform EPA & TDEC within 72 hours and undertake corrective action.

• Determination to modify or discontinue LUC will be made by Army with approval by EPA and TDEC.
• Decision to modify/end LUC will be documented and placed in Administrative Record file.
• Transferee must submit request in writing to Army/EPA/TDEC if changes to LUC or use restriction.
• Under TCA 68-212-225(e) Notice may be made less stringent/canceled with approval of TDEC Commissioner.
• LUCIP may be terminated by Army/EPA/TDEC if remedial goals met and LUCs no longer required.

• First document approved by EPA and Army HQ after DoD/EPA CERCLA Post-ROD Authority LUC dispute.
• Consistent with Navy/EPA Land Use Control Principles and EPA Federal Facility LUC Checklist.
• Coordinated review with DLA, Army (HQ, ELD, AMC), BRACO, TDEC, EPA Region 4 and EPA HQ.
• Army Guidance incorporates many aspects of the LUCIP including specific language in sample RD document.
• Provides model for other federal agencies at similarly situated sites.

• All land use controls are local, so determine whether existing mechanisms, (e.g. zoning or excavation permit) can be utilized.
• LUCs should be “layered”, meaning use multiple LUCs that help ensure remedy effectiveness.
• Start dialogue with document reviewers (especially regulators) to facilitate approval.
• Understand relevant EPA and DoD/Army Guidance and State laws/regulations.
• Enlist the assistance of knowledgeable attorney to help draft required documents such as deeds, Notices etc.