SCS’s environmental services supporting COMM22, a mixed-use, mixed-income redevelopment project in San Diego will be recognized at Environmental Industry Summit XV
When the Environmental Business Journal (EBJ) presents its 19th annual Business Achievement awards this March, SCS Engineers will receive an award of Project Merit: Redevelopment, for its investigation and design program for COMM22, a multi-family residential development by BRIDGE Housing.
COMM22 is a mixed-use, mixed-income, transit-oriented development built on a former bus maintenance facility. SCS addressed several issues including underground storage tanks and the testing of fill soils. The firm’s pre-construction characterization and three-dimensional data analysis resulted in time and budget savings.
“Our remediation effort on this property ensured that human health and the environment were protected as cost-effectively as possible,” said Dan Johnson, vice president of SCS. “Affordable housing is important to San Diego communities and we applaud the work of BRIDGE Housing and the collaboration it takes to create urban projects like this.”
BRIDGE Housing Corporation, a leading nonprofit developer of affordable housing, creates and manages a range of high-quality, affordable homes for working families and seniors. Since it was founded in 1983, BRIDGE has participated in the development of over 16,000 homes in California and the Pacific Northwest.
More award-winning redevelopment projects of interest:
Petco Park and East Redevelopment – San Diego
Emerald Ridge Homes – East Alton
NFL Stadium Site – Los Angeles
Commercial Real Estate Transactions blog
The complexity of regulations that govern the disposal of coal combustion residuals (CCR) is growing. We expect the pace of change will also increase based on recent headlines. To help you successfully address these ever-changing regulations and stay focused on serving your customers, SCS Engineers uses our Advice From the Field blog and Technical Bulletins.
Using the SCS Advice blog we recently posted a short overview of the WIIN Act and highlights of how the Act is being received. This is just the start. In the coming weeks and months, SCS Engineers’ staff will bring you timely, relevant updates and interpretations of the WIIN Act and other changing regulations. Most importantly, we’ll recommend what to do next, steps you should consider taking and when to take them so that you’re ready for whatever changes come.
Follow the SCS blog on LinkedIn or Facebook for the latest information about coal combustion residuals regulations, and to participate in the conversation that’s shaping our industry. Or contact us at if you have questions.
SCS periodically prepares Technical Bulletins to highlight items of interest to our clients and friends. These are published on our website. For example, this SCS Technical Bulletin addresses Inactive Surface Impoundments and EPA Direct Final Rules for Disposal of Coal Combustion Residuals from Electric Utilities.
About Eric Nelson, SCS Engineers CCR National Expert
“I was afraid a consultant might give into the temptation to recommend extreme measures for personal financial gain, but SCS Engineers is not like that. They gave me and my buyers just what we needed.” ─ Patti Filkins | Mt. Horeb, WI
Today’s commercial real estate transactions both large and small must take environmental issues into consideration. Complex laws and rules can impose significant environmental liabilities on purchasers, sellers, and lenders, whether or not they caused an environmental problem, and whether or not they still own the property.
SCS’s nationwide presence and expertise make us the consultant of choice for companies requiring environmental due diligence on portfolios of properties with multiple locations throughout the country that require a quick turnaround. We have the capacity to expedite multiple, concurrent investigations, giving the parties adequate time to make informed decisions regarding potential liabilities.
We also serve individuals, like Patti Filkins (link to testimonial). SCS Engineers has conducted thousands of environmental assessments in connection with business transactions throughout North America and around the world. We offer a range of due diligence services, from Desktop Reviews to Phase I Environmental Site Assessments to Environmental Regulatory Compliance Reviews, for all types of assets. SCS has particular expertise in solid waste facilities and specialized industrial and manufacturing operations.
We have considerable experience supporting environmental due diligence for corporate mergers and acquisitions. SCS is particularly valuable evaluating environmental and operational risks to supporting private equity recapitalization used to fund solid waste infrastructure expansion.
Our staff includes engineers, geologists, hydrogeologists, risk assessment specialists, real estate experts, and other environmental professionals. Environmental regulation is complex. No matter how big or small the property, approaches to addressing hazardous substance contamination must satisfy local, state, and Federal requirements.
Lenders, insurance companies, buyers, and sellers trust our professionals to know and perform what is necessary to make a property safe and always within environmental compliance guidelines and the law.
Learn more about these services at SCS. Each link takes you to our services and related case studies, articles, and events:
Simply have a question? Contact our technical and business professionals at .
Listed here are the names and short bios of those currently serving on the transition team and new members announced by Catherine McCabe on Monday, January 23.
Catherine R. McCabe is EPA’s Acting Administrator. Previously, she served as the Deputy Regional Administrator of EPA’s Region 2 in New York City. In this position, she assisted the Regional Administrator in overseeing the Region’s operations and regional implementation of all EPA programs in the States of New York and New Jersey, in the Commonwealth of Puerto Rico and the U.S. Virgin Islands. She has also been a member of the national EPA’s Executive Management Council.
Mike Flynn serves as the Acting Deputy Administrator of EPA. Previously, he was EPA’s Associate Deputy Administrator, serving as a key advisor to the Deputy Administrator on management and policy issues. He was the Director of the Office of Radiation and Indoor Air in OAR for six years, where he expanded federal action to address health risks from radon exposure indoors, enhanced EPA’s preparedness for radiation emergencies and played a role in the Agency’s response to the 2011 Japanese nuclear incident.
Newly Announced:
Layne Bangerter is an Idaho native who most recently worked with Sen. Crapo. He has experience in the natural resources world related to farming and ranching.
Don Benton, Senior White House Advisor, is from Washington State and served in the State Senate there for 20 years. Don has a history in the private sector in addition to his service as the head of a large county environmental office in Washington.
Patrick Davis is a political consultant and strategist. Since 1992, he has advised candidates for President, Governor, U.S. Senate, Congress, and state/local offices. Patrick is an organizational, strategic, and communications consultant to corporations, issue committees, and non-profits.
Doug Ericksen, Communications Director, is a Washington State native and a current member of the Washington State Senate. Senator Ericksen has a background in energy and environmental policy. He holds a B.A. in Government from Cornell University and an M.A. in Environmental Policy.
Holly Greaves, Budget Issues, has a background in government accounting and Federal financial management. Ms. Greaves previously worked as a senior manager with KPMG and with the public accounting firm EY. She is a licensed CPA, CISA, and CGFM.
David Kreutzer finished nine years with the Heritage Foundation as Senior Research Fellow in Energy, Economics, and Climate Change. David taught economics at Ohio University for three years and at James Madison University for 22 years. His academic research has been published in numerous professional publications.
Charles Munoz, White House Liaison, comes to the EPA from Nevada, where he served in key capacities for Americans for Prosperity. For the last two years, Charles served The Donald J. Trump campaign in several high-level positions.
David Schnare, Esq., Ph.D., is an attorney and environmental scientist returning to EPA after a 41-year career in the field of environmental science, with 33 of those years at EPA. Most recently, Dr. Schnare has been associated with the Free-Market Environmental Law Clinic, The Energy and Environment Legal Institute and the Center for Environmental Stewardship at the Thomas Jefferson Institute for Public Policy.
Justin Schwab, Legal Advisor, is an environmental and regulatory lawyer currently practicing in the Washington, D.C., area. Justin will be serving as a legal advisor on several fronts including environmental health and safety, in addition to other key areas of implementing EPA’s core mission.
George Sugiyama brings over 30 years of EPA experience with him to the transition team. George will be serving as a senior advisor to the team.
If you have questions about how regulatory policies could impact your business or service, please contact SCS Engineers for answers. SCS is a leader in environmental compliance solutions for business and industry.
The authors of this white paper entitled “Collapsing Range of an Endemic Great Plains Minnow, Peppered Chub Macrhybopsis tetranema,” examine range-wide declines in both abundance and distribution of the Peppered Chub from habitat loss and fragmentation.
Habitat loss and fragmentation include dams, loss of perineal flows, and alteration of flow regimes (flooding). These habitat alterations impact the spawning needs of pelagic-spawning fish and jeopardize the survivability of this species within its historical range. It is estimated that the Peppered Chub has been extirpated from more than 90% of its historic range.
A recovery plan for the Peppered Chub might consider restoration and maintenance of adequate seasonal fluctuating river flows, removal of barriers, and repatriation to river reaches that have experienced extirpation.
The authors suggest repatriation or supplemental stocking as is done elsewhere for small- bodied cyprinids as a necessary first step in recovery, but this alone might not be sustainable or sufficient without taking the proper actions to remedy habitat deficiencies. Specifically, removing or modifying to allow fish passage the remaining barriers impeding upstream recolonization of rivers throughout the species’ historical range and maintaining adequate seasonal river flows to support juvenile survival is likely necessary for recruitment.
Construction of a fish passage structure on the Arkansas River in Wichita, Kansas was recently completed in 2010. This fish passage was built with the passage of small-bodied fishes as a primary function and has already allowed for the recolonization of Emerald Shiner Notropis atherinoides into a reach of river from which the species was previously extirpated. This suggests that fish passage structures such as this can restore upstream connectivity for small-bodied Great Plains fishes.
The Authors:
CASEY A. PENNOCK and KEITH B. GIDO
Division of Biology, Kansas State University, Manhattan 66506
JOSHUAH S. PERKIN
Department of Biology, Tennessee Technological University, Cookeville 38505
VAUGHN D. WEAVER
SCS Engineers, Wichita, Kansas 67226
STEPHEN R. DAVENPORT
U.S. Fish and Wildlife Service, New Mexico Fish and Wildlife Conservation Office, Albuquerque 87109
JOHN M. CALDWELL
New Mexico Department of Game and Fish, Santa Fe 87504
Did you know that vapor intrusion is an environmental issue impacting property development? The U.S. Environmental Protection Agency (USEPA) and related state agencies continue to develop and refine vapor intrusion procedures. How and when you address vapor intrusion can have a significant impact on your bottom line. These tips will help minimize the risk:
Invest in Early, Accurate Detection
Vapor intrusion happens when volatile chemicals from soil or groundwater contamination migrate into nearby buildings. These vapors can come from places like dry cleaners, gas stations, or industrial facilities, and like radon can affect people who live or work in impacted buildings. Prioritize due diligence because waiting can drive up costs. In one recent case in the news, vapor mitigation systems had to be installed in more than 70 homes near a corporation in Wisconsin to mitigate vapor intrusion issues. Even a small error in the sampling technique can dramatically affect the results. So early, accurate detection is key before you buy or build.
Get to Know Your Options
Once assessed, developers have multiple options for saving time and money. For example, it is far more cost effective to incorporate vapor barriers or HVAC controls into building construction rather than to fix the problem after the fact.
Find a Partner Who Knows the Rules
In 2017, some state agencies will update their vapor intrusion guidance documents to include more details on requirements for remediation and redevelopment sites. These regulations are actively evolving, so it’s important to work with someone who knows the changes to regulatory requirements and how they apply to your specific property.
If you are buying or selling a property, it’s time to think about vapor intrusion. Even if a property doesn’t have a history of contamination, it may still be affected if a nearby property has soil or groundwater contamination.
Resources:
“Vapor Encroachment and Intrusion, What are the real estate risks?”
Journal of Property Management
Is Vapor Intrusion Threatening Your Site?
Public Works Magazine
Environmental Information and Related Services:
Vapor Intrusion Mitigation Systems
Environmental Due Diligence and All Appropriate Inquiries
Brownfields and Voluntary Remediation
Contact your local SCS Office to ask our professionals for guidance in your jurisdiction.
Ms. Sharon Bison proudly accepts the Sustaining Member Award presented to SCS Engineers from Col. Kirk Gibbs, Commander, US Army Corps of Engineers, Los Angeles District. Sharon is the outgoing President of the SAME Orange County Post.
We asked Sharon to recount the campaigns that mattered most during her tenure. She responded, “It has been an honor and a pleasure to serve SAME as President of the Orange County Post for the past two years, where I have been able to put my leadership skills to work with a dynamic group of colleagues. Together, we’ve helped to make a positive difference in the lives of nearly a dozen college students who received more than $24,000 in scholarships, and for veterans and their families who benefitted from donations of nearly $60,000 made to Wounded Warriors. The Post has also been of benefit to charities including the American Cancer Society, Project Healing Waters, Armed Forces YMCA, and the Challenged Athlete’s Foundation: Operation Rebound, during my service term.”
Jim Walsh, President, and CEO of SCS Engineers said, “SCS is proud of our staff who share their industry knowledge with associations and share their own time supporting their local communities and non-profit organizations throughout our nation. We thank you for your service and your contributions working toward the betterment of society and the environment.”
EPA is proposing a GHG SER of 75,000 tons per year (tpy) Carbon Dioxide equivalent (CO2e) and requesting comment on it as well as two lower levels, specifically 30,000 tpy and 45,000 tpy CO2e, respectively.
The Associations do not believe there is sufficient information to support lowering the GHG SER below the proposed 75,000 tpy CO2e level and provided a table utilizing equivalent criteria pollutants from combustion sources (i.e., NOx, CO) yields CO2 emissions as high as 780,000 tpy CO2.
EPA already concluded in USEPA, Proposed PSD Revisions Rule, 81 FR 68137 that the burdens of regulation at a GHG SER level between 30,000 and 75,000 tpy CO2e would yield a gain of trivial or no value from both a programmatic and individual project-level perspective. Therefore, NWRA and SWANA strongly recommend EPA retain proposed GHG SER of 75,000 CO2e (or higher), and resist pressure to lower the GHG SER.
On the Topic of Biogenic GHG Emissions, the EPA’s final rule requires clarification to remain consistent with previous documentation and research to prevent significant permitting delays and increased costs that will not result in meaningful emission reductions.
The Associations encourage the EPA to ensure that waste-derived biogenic CO2 (e.g., from municipal solid waste (MSW) landfills) is treated as carbon neutral under the final PSD Permitting Revisions Rule to be consistent with prior Agency determinations specified in this memorandum and documents as follows:S. EPA, Memorandum Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources, McCabe, Janet, November 19, 2014.
S. EPA, Memorandum Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources, McCabe, Janet, November 19, 2014. The documents highlight waste-derived, biogenic CO2 as a type of “carbon neutral” feedstock based on the conclusions supported by a variety of technical studies and conclusions of the Agency’s latest draft Framework for Assessing Biogenic Carbon Dioxide for Stationary Sources, which was released with the memo. The Agency memo stated that “the Agency expects to recognize the biogenic CO2 emissions and climate policy benefits of such feedstocks in [the] implementation of the CPP.”
US EPA, Emission Guidelines for EGUs, 80 FR 64855. Both the revised Framework, and the EPA’s Scientific Advisory Board (SAB) peer review of the 2011 Draft Framework, found “that the use of biomass feedstocks derived from the decomposition of biogenic waste in landfills, compost facilities, or anaerobic digesters did not constitute a net contribution of biogenic CO2 emissions to the atmosphere.”
S. EPA, Appendix N. of Revised Framework for Assessing biogenic Carbon Dioxide for Stationary Sources, November 2014, pg. N-25. In Appendix N. of the Framework, entitled Emissions from Waste-Derived Biogenic Feedstocks, EPA calculated negative Biogenic Accounting Factors (BAF) for various examples of treatment of landfill gas via collection and combustion. EPA explains, “Negative BAF values indicate that combustion of collected landfill gas feedstock by a stationary source results in a net CO2e emissions reduction relative to releasing collected gas without treatment.”
US EPA, Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units; Final Rule [Emission Guidelines for EGUs], 80 FR 64885. “[T]he use of some biomass-derived fuels can play a role in controlling increases of [in] CO2 levels in the atmosph The use of some kinds of biomass has the potential to offer a wide range of environmental benefits, including carbon benefits.”
US EPA, Emission Guidelines for EGUs, 80 FR 94855. Types of waste-derived biogenic feedstocks may include: landfill gas generated through decomposition of MSW [municipal solid waste] in a landfill; biogas generated from the decomposition of livestock waste, biogenic MSW, and/or other food waste in an anaerobic digester; biogas generated through the treatment of waste water, due to the anaerobic decomposition of biological materials; livestock waste; and the biogenic fraction of MSW at waste-to-energy facilities.
NWRA and SWANA believe the final PSD Revisions document should follow the approach to waste-derived feedstocks enshrined in the Final Clean Power Plan, and as recommended by the SAB, and ensure that waste-derived biogenic CO2 is treated as carbon neutral. Based on EPA’s own lifecycle assessments for the Renewable Fuels Standard program, its U.S. GHG Inventory, and confirmed by the SAB, EPA has sufficient analysis to support exclusion of selected categories of biogenic emissions from PSD permitting, including those from managing landfill gas and organic components of MSW.
The EPA does not seem to consider the regulatory treatment of biogenic CO2 from stationary sources to be a key issue in the context of the PSD revisions rule, based on a comment found in a Summary of Interagency Working Comments on Draft Language. Instead, the EPA continues to believe this rulemaking to establish a GHG SER under the PSD program is not the appropriate venue to address the broader concern of the regulatory treatment of biogenic CO2 from stationary sources.
The Associations strongly disagree and are concerned that because EPA remains silent on this important issue, some permitting authorities might improperly require landfills to incorporate biogenic CO2 emissions in the PSD permitting process. Historically, few landfills triggered PSD because non-methane organics emissions rarely reached the threshold. However, if biogenic CO2 emissions become subject to PSD, many landfill projects, which are “anyway sources” due to renewable energy projects, would also be forced to do BACT analysis for GHG. Biogenic CO2 is emitted from:
From the perspective of developing new renewable transportation fuel or energy projects, subjecting biogenic emissions from landfills to PSD could be an enormous barrier. The Associations would like the EPA to clarify in its final rule that the emissions of biogenic CO2 from treating or controlling landfill gas does not increase the CO2 levels in the atmosphere, but instead, has positive emission reduction and climate benefits. Failing to clarify this important point could subject landfills to significant permitting delays and increased costs that will result in no meaningful emission reductions.
Questions? Contact SWANA, NWRA, Patrick Sullivan, or your local SCS office.
Using non-ad valorem assessments in solid waste management are based on the improvement or service cost allocated to a property and are levied on a benefit unit basis, rather than on value. Under the special assessment system, there is less incentive to drop out of program participation even if solid waste costs increase.
The best source of data for compiling the assessment roll is the records of the county or city official responsible for property appraisal and valuation. Limitations may exist with the data because these records are maintained for the purpose of determining property valuations, not for performing solid waste or other non-ad valorem assessments. However, additional information such as benefits rendered, occupancy, and frequency of benefits could be developed in order to convert the initial records into a complete and accurate assessment role.
Click here to read this insightful article by Marc Rogoff and Laurel Urena of SCS Engineers.
On Friday, Dec. 16, 2016, President Obama signed The Water Infrastructure Improvements for the Nation Act or the “WIIN Act.” Section 2301 of the WIIN Act allows states to establish permit programs to regulate the disposal of coal combustion residuals (CCR) units in lieu of the Environmental Protection Agency’s (EPA) CCR regulations and published at 40 CFR 257, Subpart D, also known as the federal CCR rule, that were effective as of October 19, 2015.
Under the federal CCR rule, enforcement has been through citizen suits brought under Section 7002 of the Resource Conservation and Recovery Act (RCRA). Following WIIN, for CCR disposal facilities operating under an approved permit program, citizen enforcement will be replaced by more traditional state and federal enforcement authorities. It will take time for states to apply for permit authority and to issue permits, and in the meantime the federal CCR rule will continue to be enforced by citizen suits, and utilities will be subject to potentially conflicting interpretations of what is required to comply at a given facility.
Other CCR-related highlights from the WIIN Act include:
The WIIN Act that was passed by the U.S. Congress on Dec. 10, 2016, is based on CCR legislation that has been introduced in the House of Representatives and Senate in various forms over the past 6 years with the support of many in the utility industry. The WIIN Act has been lauded by the U.S. Senate Committee on Environment and Public Works and utility groups alike.
For example:
“This new permitting authority fixes the main problems with the recent coal ash regulation issued by the Environmental Protection Agency, by removing citizen suits as the sole means of enforcement and allowing states to tailor permit requirements on a case-by-case basis.”
“The coal ash language will ensure that states have the authority and flexibility they need to regulate coal ash while protecting the environment as much as the current EPA coal combustion residuals rule,” said APPA Vice President of Government Relations and Counsel Desmarie Waterhouse.
Coal Ash Language Backed by APPA Is Headed to President’s Desk
“…these legislative provisions will enable states to be more involved in the permitting process for the closure of basins.”
EII Applauds Passage of the Water Infrastructure Improvements for the Nation Act
“The bill also injects greatly needed certainty into the regulation of coal ash by giving states clear permitting and enforcement authority and reducing litigation, while providing for its continued beneficial use.”
SCS Engineers will continue to track the WIIN Act and provide you with updates as states consider and make known their approach to developing a CCR permit program, or not.
For questions about the Act or more information, please contact:
Mike McLaughlin, PE, Senior Vice President
Eric Nelson, PE, Vice President
Steve Lamb, PE, Vice President
Kevin Yard, PE, Vice President
Or contact your local SCS Engineers office.
