5/19/2010 1

LD 1827 Stakeholders

5/19/2010 2

Welcome & Introductions

Mark Hyland – Director, Bureau of Remediation & Waste Management

Ann Gosline – Facilitator E-Mail: agosline@gwi.net Phone: 737-8483

5/19/2010 3

Legislative Resolve

DEP to Gather Stakeholders & assess Waste Oil Site Remediation Prog: Revenues Raised Enforcement Enhancement Options to increase Funding Premium on out-of-state sales

DEP Report to NRC by Dec 1, 2010

Understand multiple Interests

Gather important information, get on same page

Generate options

Gather more information

Evaluate Options

Combine, reform options

Seek agreement, conclusions

STAGES OF PROCESS

5/19/2010 5

Overview – Session 2 Background

PBWO Company Sites Waste Oil Site Remediation Prog

Stakeholder Group Participants / Scope Structure

5/19/2010 6

Wells - Late 1970’s

Portland-Bangor Waste Oil Co. 1950’s –

1980 Statewide 5 sites

5/19/2010 7

Uncontrolled Sites Program Uncontrolled Sites law: PRPs=

Owner / Operator Generator Transporter

Thousands of “generators” for the PBWO operation

5/19/2010 8

Waste Motor Oil Site Remediation Program

5/19/2010 9

Waste Oil Remediation Program Goal: Cover PRP Costs at 4 PBWO

sites Plymouth: Hows Corner Superfund site Casco Ellsworth (aka Robbins Property) Presque Isle

5/19/2010 10

Status of Site Clean-up Plymouth – PRP Lead Superfund Site

Source control, waterline & NRD completed MOM & LTM to start this summer

Casco – DEP Lead Source control completed IC for offsite GW & NRD ongoing

Ellsworth – DEP Lead Source Control Completed Waterline & IC for offsite GW; NRD 2010

Presque Isle – DEP lead Preliminary Investigation completed Need Phase I, ROD & Remedial Action

5/19/2010 11

Site Cleanup Cost Estimates(Eligible under Waste Oil Remediation Program)

Site Cost(Millions of $)

Settlement Status

Plymouth 21.4 (+.54) Completed

Ellsworth 3.4 Suspended

Casco 2.6 Suspended

Presque Isle 2 Not initiated

Total 30

5/19/2010 12

Waste Oil Program

Administered by FAME Grant & Loan Program – Wells & early

Plymouth => Bond Program

$30M in revenue backed securities +$5M capital reserve funds

5/19/2010 13

Waste Oil Program - Changes

2007 – $1-$3 per oil change (repealed 2008) 2008 –$1.10/gal bulk motor veh. lube-oil 2009 – $.35/gal pre-packaged motor &

other lube oil

Premium Collected

$-

$1,000,000

$2,000,000

2009 Total2008 Total2007 Total

5/19/2010 14

Clean-up Funds RaisedVs Legislative Goal

0

10

20

30

40

Revenue BackedSecurity Issued

Legislative Goal

$ M

illi

on

5/19/2010 15

Legislative Resolve

DEP to Gather Stakeholders & assess: Revenues Raised Enforcement Enhancement Options to increase Funding Premium on out-of-state sales

DEP Report by Dec 1, 2010: How to Best Fund Liability of (covered) PRPs at the 4 sites

5/19/2010 16

Stakeholders: Who to Invite?

Stakeholders Listed Others?

Is a 4-Site solution possible by Dec 1, 2010?

5/19/2010 17

Some Issues raised last session leading to resolve Need for more revenue Enforcement Amount Lube-oil used/sold in Maine Price difference between Bulk & pre-packaged Out of State Purchases Premium on Lube retailed out-of-state Leg Changes Impact FAME bonding Program Efficiency Order in which sites are funded Premium on Other lubricating oils Premium on other oil / other revenue sources

5/19/2010 18

Stakeholders: Who to Invite?

Stakeholders Listed Others?

Is a 4-Site solution possible by Dec 1, 2010? - maybe

Can DEP defer cost-recovery?

Uncontrolled Sites Fund:10-Y EAR REVENUE & EXPENSE HISTORY

$0$2$4$6$8

FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09

Millions

Revenues Expenses Ending Cash On-hand Cash Available

REVENUE OVERVIEW

FY99FY00 FY02 FY04FY05 FY07FY08FY09FY06FY03FY01$0.0

$1.0

$2.0

Millions

Fees Recoveries Fines Other Sources

EXPENDITURE OVERVIEW

FY03 FY04 FY05 FY06 FY07 FY09FY08FY02FY01FY00FY99$0

$1

$2

$3

Millions

Personnel Services Staff Related Cleanup Costs Bldg.& Equip. Transfers

CASH FLOW INDICATORS

FY99 FY00 FY01 FY02FY03 FY04 FY05 FY06 FY07 FY08$-

$1.0

$2.0

Millions

FY's Monthly Average FY's High & Low Month

EXPENSE RATE INDICATORS

FY99 FY00 FY01 FY02 FY03 FY04 FY05 FY06 FY07 FY08$-

$0.5

$1.0

$1.5

$2.0

Millions

FY's Monthly Average FY's High & Low Month

Uncontrolled Sites Fund

State lead Sites Cost Recovery

Clean-up

5/19/2010 20

Uncontrolled Sites Fund & Remediation Programs

Uncontrolled Sites Fund

State Lead Sites

VRAP “RLF” & Insurance

Brownfield GrantMatch

credible Enforcement

Military Sites “all other”

Unresolved Public Health ThreatsUnresolved Liability under CERCLA & USPTort Claims

Superfund MatchXPRP Lead Sites

5/19/2010 21

Stakeholders: Who to Invite?

Stakeholders Listed Others?

Is a 4-Site solution possible by Dec 1, 2010? - maybe

Can DEP defer cost-recovery? - No Is sustainable USF necessary to resolve

liability at the 4-Sites? Maybe Necessary in the long-run

5/19/2010 22

Stakeholders: Structure?

Parallel Stakeholder Groups? 4-Site Solution Sustainable USP

A Combined Stakeholder Group? Hybrid – combined policy group with 2

technical subgroups?

5/19/2010 23

END

Proposed GroundrulesHelp get everyone informationListen to understand, not to refuteStay open to new information, ideasFocus on finding solutions, be creative Be concise, leave time for othersLet others finish, wait to be recognizedDon’t characterize each others’ views

5/19/2010 25

END

5/19/2010 27

Parallel or combined Stakeholder Groups?

4 site solution

May2010

DEC2010

DEC2011

USP Revamp

5/19/2010 28

Parallel or combined Stakeholder Groups?

May2010

DEC2010

DEC2011

USP Revamp4 site solution

5/19/2010 29

Parallel or combined Stakeholder Groups?

4 site solutionSubgroup

May2010

DEC2010

DEC2011

USP Revamp Subgroup