Warren County Report

April 2, 2010

EPA: We will consider individual site proposals

Feds seem open to speeding up process on specific use applications

By Roger Bianchini

After decades of still continuing cleanup on a chemical pollution strewn 467- plus acre site that stretches into the Shenandoah River flowing by it and the air floating over it, and a decade plus of planning to redevelop 160 acres of that site to resurrected economic use - to paraphrase that old presidential media favorite Richard Nixon, " There is a light at the end of the tunnel."

The topic of how and when how much of that light will shine through our own dark and lingering Superfund site tunnel was the topic of a multi- stakeholder and interested party meeting at EDA headquarters on the site on March 29.  While the press was tricked into evacuating the premises under the pretense of a toxic waste spill in the former Wayside satellite theater site, now utilized by the EDA for such meetings (just kidding, we were promised full post meeting access in return for allowing the participants to speakopenly7 to each other privately without fear of next day, medial slanted front page negativism-from who? Not me. I say!).

And despite some post meeting negativism overheard being expressed by one former EDA board member (Bill Barnett) E EPA Community Involvement Coordinator Larry Johnson- "nothing was accomplished" seemed to be Barnett's theme- other officials seemed more upbeat following the meeting.

Town reaction

We asked Front Royal Mayor Eugene Tewalt what he got out of the meeting," Well, I think it was a very positive meeting.  I think Congressman Wolf brought out the facts and now hopefully with him back in this respect of getting this property released or utilized the property that we all can get together as stakeholders and get something accomplished and bring some [commercial] taxes back on the books. and also work and employment, maybe in the near future," the mayor said.

Tewalt added that he hoped the meeting would point toward improved communications between the wide group of involved parties coming from the local, state, and federal governmental levels, as well as community interest and cleanup partners like FMC."  "I think over the years there has been a breakdown in communications between the EPA, the Department of Justice, The EDA, the Town of Front Royal, the county and everybody that's involved in this because in the last number of years that I've been on the council and being mayor, I have never been at any meetings in regards to the how to actually bring this to fruition so everybody is working together to get this completed, "Tewalt  said.

EPA officials commented  that it made it easier for them to make decision about the property when the involved community stakeholders came to them with one, unified voice on potential directions for the property.

The seven direct stakeholders in the site are the Town of Front Royal, Warren County, the local EDA . lone surviving former plant owner and mandated cleanup partner FMC, the Lord Fairfax Water &Soil District, the EPA and site bankruptcy trustee Anthony Murray.  In addition, there are additional signatories with an interest and the U.S. Department of Justice has final authority over changes in covenants established to protect both citizens health wise and stakeholders, including the federal government, from future legal liability from uses at the site.

EDA Reaction

"What I think this meeting showed was that everybody, every player in this is on the same page- and that we need to move this process along faster that it has been going.  That we want is what's best for this community," EDA Executive Director Jennifer McDonald sad.  "I think EPA and FMC have both been very upfront with us about the timelines and having the plant area ready for us in 2011.  Hopefully they can decide if there are sections that are clean, they can release it and we don't have to wait for the entire parcel to be cleared."

EDA Board Chair Patty Wines agreed, "I really do think it showed everybody working in the same direction.  We all want the same thing - to create jobs and make this another viable site for the community."

Now we just have to go through the process- and today we learned that we may be able to speed that process up a little," McDonald concluded.  She added that EDA was planning a meeting within a week to develop just such an issue specific list to present to stakeholders for clearance and eventual approval through the EPA by the DOJ.

Hope for JMU

As for a general fast track on sections of the property, EPA Community Involvement Coordinator Johnson added,  "That again is really left up to EPA management and the stakeholders involved.  They have to come together with a unified request.  Administrator Early is here- he's the number two guy at EPA Region 3.  Direct those questions to Kate Lose (remedial Project Manager for the site); direct those to Mr. Early and those questions can be answered.  But we have to have a unified voice to bring them to us."

EPA Deputy Regional Director William C. Early indicated his agency was open to proposals to help facilitate redevelopment at an optimum pace.  Asked about the specifics of the JUM satellite campus classroom situation and decisions on altered covenants for specific situations coming on a fast track, Early said, " It's a possibility."

Existing site covenants prohibit placing schools, including a James Madison University satellite campus classroom in the very same room the just completed meeting was held in, on the Royal Phoenix site.  One of the covenants developed by stakeholders at the outset of the remediation process around 1999 was the prohibition on schools.  However EDA officials have expressed the belief that was intended to ban building regular public or private schools with playgrounds, athletic fields or full time campuses on the contaminated portion of the property.  The Administration Building, in which the theater, EDA and other Businesses offices are currently located in lies on an approximately 10- acre site off Kendrick Lane that was never directly involved in any polluting manufacturing operations.   It was the first part of the site cleared by EPA for business use.

"Where we are right now is we don't have a formal proposal in front of us," Early continued, "I think we've had some conversations conceptually about some uses.  I think what we'll need to do is get some more detailed information on the nature and extent of the proposal so we can evaluate it to see whether or not that use is inconsistent with any risk that the site poses.  To the extent we do an analysis and determine there is not a risk associated with that use, I suspect, yes we will engage those parties in some kind of leas e or modification of the easement so some further use, development that kind of thing can be undertaken."

Timelines

As for existing timelines, Early said, "There are portions of the site that will be cleaned by the latter part of 2010; there are others that will be phased in- and I don't know if I'm allowed to use that word- by 2011.  But the majority of the stuff that is on the eastern side of the property (business park) is targeted before the next year to year and a half.   With the stuff on the western side of the property (Conservancy Park) where there is more extensive contamination, it is stretching into 2014, which is in the ballpark we've been projecting for the site cleanup all along over t the past year of two as the site comes closer to a successful completion.

"FMC is responsible for going ahead and implementing [cleanup]. I think we , as the agency responsible for implementing the Superfund would be responsible for doing an analysis and making a judgment about whether it is safe or not.

We are actually more concerned with the protections.   We really cannot talk about the work safe-because nothing is safe.  But we are interested in protecting the public by way of the remedies we have here-that is our number one mission.  Our mission is to make sure the site is protective of human health and the environment.  But within those regulations and the regulatory authority that we have there are opportunities for this community.  Like I said, they just have to bring them to us.

Well maybe there is light at the end of the tunnel after all... We only see one problem- did he say 'unified voice'- from right here in River City... uh oh (darn, there I go being negative again).