IRONTON BROWNFIELDS PILOT PROJECT

Where We Are Now
August 2002

Provo City has hired Stantec, a Salt Lake City based consulting engineering firm, to formalize a site utility and infrastructure master plan.

The following information was sent to property owners:

Dear Property Owners

As a follow up tothe our December 2001 letter, information packet and subsequent phone conversations, I am providing additional documents for your review. The first document is a draft of the Environmental Covenants, Conditions and Restrictions for the development and use of the Ironton Site and property.  The second is a proposed draft of the Certificate of Completion to be issued by the Utah Department of Environmental Quality. The United States Steel Corporation (USS), the Utah Department of Environmental Quality (UDEQ) and Provo City Economic Development have been further refining the draft Ironton Site Management Plan, a copy of which you received in December.  As noted, these documents are still in draft form.  Although we believe they substantially near finalization.

These three draft documents, the Environmental Covenants, Conditions and Restrictions (CC&Rs), the Ironton Site Management Plan (SMP) and the Certificate of Completion (COC), all play a role in the future development of the Ironton site and potentially your property as well.  Please refer to the attached Exhibit “A”, which is the proposed area for inclusion of these three documents. The following is a summary of these documents that may be helpful in distilling the information provided in each. 

Draft Environmental Covenants, Conditions and Restrictions (CC&Rs)

In Draft Form

The CC&Rs will state the current land use permitted for the properties comprising the Ironton site, consistent with the land use specified in the Voluntary Clean up Agreement and COC. 

Groundwater may not be used for drinking, irrigation or bathing purposes.

Soil may not be removed from the boundaries of the Ironton site, except as provided in the SMP.

In the event that any contamination above the established clean up goals is found on a property, it will be evaluated and if found to come from coke and/or iron-making operations, the Contingency Plan in the SMP will be implemented and residuals managed accordingly.

The CC&Rs will be recorded on the property and will run with the land.

• The CC&Rs will reference and incorporate the SMP and the land uses specified in the Voluntary Clean up Agreement and COC.

Violations of the CC&Rs are enforceable by Provo City andor the Provo City Redevelopment Agency in a civil action in an appropriate court of law.

Draft Ironton Site Management Plan (SMP) In Draft Form

The Ironton Site Management Plan defines the actions that need to be performed to manage soils known to be impacted but are below the cleanup levels established for the intended land uses and groundwater monitoring.  The SMP principally affects the properties owned by the City of Provo, Argonaut Investments and Novatek.  Properties containing groundwater monitoring wells are affected to the extent the wells must remain functional either in their current location or in a new location approved by the UDEQ.  USS is responsible for ongoing groundwater monitoring. Within the SMP is a Contingency Plan that provides a mechanism to expedite investigation and remediation, if necessary, for any previously undiscovered contaminants resulting from coke and iron production operations within the site boundaries.

Draft Certificate of Completion (COC) In Draft Form

Within the historical boundaries of the Ironton site, the property located to the south of what is now Ironton Boulevard was undeveloped land in 1995 was defined as the “site.” The properties within the “site” were investigated as part of UDEQ’s Voluntary Cleanup Program.  As a result of these investigations and subsequent remediation of the contamination, a Certificate of Completion will be issued by the State for the land use specified in the Voluntary Clean up Agreement. (APlease refer to the draft copy that has been included with this letter.) The Certificate of Completion offers protection for  contamination caused by past coke and iron making activities on your property and to future owners and lenders.  This would be beneficial when seeking funding for property development and/or future resale of the property.  To be included as part of the Certificate of Completion, you will need to must accept the CC&Rs placed on your property and abide by the SMP and COC. Once the COC has been finalized, it too will be recorded on your property. It will remain valid so long as you are in compliance with the SMP, CC&Rs and COC.  I draw you attention Please refer to Page 2, Paragraph #3 of the COC for specified land uses .

Provo City Zoning Controls

At present, the zoning for your property is designated as Planned Industrial Commercial.  Residential is not permitted under current zoning.  It is the intent of Provo City to adopt an Ironton Overlay once the COC has been issued by the State. The Ironton Overlay will restrict property use to exclude schools, day care, hospitals, assisted living facilities and resident caretakers.  It will also include language that is similar to the Environmental Conditions, Covenants and Restrictions.  Any changes in the zoning, which might allow residential or similar uses, will require action by Provo City and an amendment to the COC by the UDEQ.  

The Next Step

As I have indicated in previous conversations and letters, it is only by acceptance of the CC&Rs and the SMP that the COC is available to you as an individual property owner.  Accepting the CC&Rs will be accomplished by your notarized signature on the document.  The CC&Rs will be recorded on your property at the Utah County Recorder’s Office and your property will be subject to the CC&Rs and SMP.  You will then receive the benefit of the COC on your property.

I know the drafting of these documents appears to be slow in progress. However, once they have been finalized by the City, State and USS, the process will move much faster. The opportunity for inclusion will not be open-ended.  , but tThere will be a specified limited amount of time for inclusion.   We need an indication from you , as a property owner, that you are in fact interested in being a part of the CC&Rs, SMP and COC, because the site boundaries need to be defined for the SMP and COC.  I am requesting that you sign and return to my office your preference regarding inclusion within two weeks of the date of this letter. I have included a document for you to sign and return in the self-addressed, stamped envelope.  Again, this is only to show your intent for inclusion.  Your signature on the CC&Rs will be required at a later date.

It has been our intent to provide as much information as possible and to answer your questions so you can make an informed decision.  If you do have questions regarding these matters, please contact me as soon as possible at (801) 852-6166.  Representatives from the State and USS are also available for answering questions.  I will also be following up this letter with a phone call to see that you have received this information and to answer any questions you may have.

Ironton
 January 4, 2001

Provo  The soil remediation project at the Ironton property has been suspended temporarily.  Dustcoating Inc. (DCI), the remediation contractor, experienced delays due to mechanical problems and therefore did not commence processing soil as soon as was anticipated. Because of the delays and previous commitments, DCI has temporarily discontinued work on the site. It is anticipated that the processing equipment will be back on site in mid January and soil processing will commence in early to mid February 2001. Sampling data confirms that the Low Temperature Thermal Desorption (LTTD) process being carried out by DCI is treating the soil to levels well below the established RiskBased Remedial Goals (RBRGs).

Once the soil remediation project resumes, it is anticipated that the work will be completed in the spring of 2001.  When remediation is complete, the Utah Department of Environmental Quality will verify that all  RBRGs have been satisfied.  A Site Management Plan will be prepared by U.S. Steel, and then reviewed and approved by UDEQ and Provo City. An informational open house format will be used to provide public comment on the Site Management Plan prior to approval by UDEQ and adoption by Provo City.

For questions regarding this matter, please contact Dixon Holmes, Provo City Economic Development at 801-852-6166; Bill Rees, Utah Department Environment Quality at 801-536-4167 or Jim Volanski, U.S. Steel at 412-433-5904.

From 1923 to 1962, Ironton was the location of a steel plant.  As a result of the use of the property, there are a number of environmental hazards that exist on the property. Provo City currently has purchased the property. Since Ironton is the largest tract of undeveloped industrially zoned land in Provo City, it is the goal of this redevelopment project to do two things:

• Ensure that the responsible parties have dealt with the environmental problems on the site.
• Prepare a plan that best utilizes the assets of the Ironton property for industrial development.
• The Cleanup  As of April 1, 1999 the cleanup by U.S., Steel is 95% completed. The contractor is in the final stages of demobilizing his equipment.

HISTORIC BACKGROUND  1923 - 1998

1923-1962

From 1923 to 1962, Ironton was the location of a steel plant that included coke ovens, blast furnaces, sintering plant, gas holder, power house, hammer mill, and other steel-making and associated byproduct facilities. Ironton was operated by Columbia Steel until shortly before World War II when it became a wholly owned subsidiary of U.S. Steel, now USX.

During World War II, it was operated by the U.S. Government.    

U.S. Steel ceased operations on the property in 1962 and donated the property to Brigham Young University (BYU).

1962-1995     

Brigham Young University made some preliminary attempts to develop the site, but instead sold the property to various owners including the Ironton Development Corporation.      

Developers were unable to develop the property and lenders and investors have avoided involvement with the property due to the associated environmental liabilities.

The results of preliminary testing at the site, sponsored by the U.S. EPA and Provo City, indicated that soils and sediments at the Ironton site could be contaminated with poly nuclear aromatic hydrocarbons (PNA's) and heavy metals. 

The Provo City Municipal Council decided on December 31, 1991 to approve the purchase of the property at Ironton. (Resolution 1991-66)  On advice of the Legal Department and the Economic Development Department, an option to purchase 149 acres was signed on August 7, 1992.  An option was used because Provo City wanted to insure that the citizens of Provo would not be liable for the      clean up costs at Ironton before the city purchased the property. 

Provo City now owned 63 acres of the site and has now purchased the additional 139 acres.  Mayor Billings has agreed to donate an additional 10 acres, which covers the 149 acres in the option.

1995-1998

Through a cooperative agreement between Provo City and U.S. Steel, signed November 27, 1995, a comprehensive site characterization study of Ironton was  undertaken by U.S. Steel, with the Utah Department of Environmental Quality providing oversight.

Brigham Young University completed a research project on Ironton by a BYU student consulting group, Econsulting, in December of 1996.

The Site Characterization study was complete in early 1997 which identified areas of environmental concern.

A draft Voluntary Remediation Agreement based on Utah's new voluntary remediation law has been signed by U.S. Steel and the Utah Department of Environmental Quality and the Provo City Redevelopment Agency. The Voluntary Remediation Agreement provides for U.S. Steel to clean up the site to a  risk-based industrial standard that has been jointly agreed upon by U.S. Steel and theUtah Department of Environmental Quality.

Provo City and U.S.  Steel have signed a final development agreement on the Ironton Project which provides for U.S. Steel to receive potential compensation for their cleanup efforts when Provo City develops the property. 

All costs of development, including cost of property, engineering and development designs, utilities, roads, and other associated development costs, would be paid first. 

If any money from the development and sale of the Ironton property remains, U.S. Steel would receive reimbursement up to their actual costs of cleanup.

Any additional funds would be Provo's. In no case would the city be obligated to pay any U.S. Steel remediation costs unless the city first receive revenues from actual sales at Ironton above the cost of development.

THE ECONOMIC IMPACT OF THE IRONTON SITE:

• Environmental concerns associated with the Ironton site have left Ironton as the largest undeveloped industrial property in Provo.
• As long as the property remains unusable, Provo will not receive the benefits of improving the number and quality of new employment in the city.
• The property has a negative impact on surrounding neighborhood's property values.
• Vacant Ironton property adversely impacts Provo City's property tax base. 
• The city estimates that it would generate more than $400,000 in additional property tax each year if the site were developed. This additional revenue could significantly impact Provo's ability to provide services now and in the future. The the Wasatch mountains to the east, Provo's boundaries are set. The remediation and redevelopment of future of the city is based on wisely improving and using its existing property resources. Bordered by cities to the north and south, Utah Lake to the west, and  the Ironton site into a successful commercial/industrial/business park could be an important part of Provo's ability to provide future employment opportunities and tax base.

This is a picture of the Coke Byproducts area after U.S. Steel removed all the tar and other pollutants.

MOST COMMONLY ASKED QUESTIONS ABOUT IRONTON PROPERTY INFORMATION

PROPERTY OWNERSHIP HISTORY

• 1923 Columbia Steel
• 1942 U.S. Steel 
• World War II - U. S. Government
• 1968 Brigham Young University - (Donated by U.S. Steel)
• 1976 Billings Energy Corporation
• 1978 Provo City Purchased 58 acres from Deutchland Bank of   Germany
• 1980 (approx.) Mr. John K. Hansen & 1984 (approx.) Ironton Development Corporation
• 1991 Provo City Optioned 149 acres from Ironton Development Corporation. Note: Upon execution of the option, the payout will be distributed 60% to Mr. John K. Hansen & 40% to the Ironton Development Corporation.
• Acres owned now by Provo City: Approximately 64 Acres
• Acres Under Option to Provo City:  Approximately 149 Acres
• Acres not owned or controlled by Provo City: Approximately 125 Acres (Including Businesses, Homes, and Vacant Property)
• Acres originally used as Ironton Property: Approximately 338 Acres
• 1999 - Provo City purchased 139 acres. Mayor Billings agreed to donate 10 acres.

CITY INVOLVEMENT

WHY IS THE CITY GETTING INVOLVED?     

• The Ironton site is a blight on the community.
• Nothing has been done to cleanup the site since it stopped operation in 1962.  For 37 years the property has been an eyesore and a potential hazardous site.
• Some entity needed to be a catalyst to get something done at Ironton.
• Provo City had an opportunity to be such a catalyst by purchasing 149 acres of Ironton for $3,000 per acre.
• Provo City has been attempting to bring all the responsible and interested parties together to solve the problem.
• Provo officials have stated from the beginning of this process that the primary goal was to get the property cleaned and put back into productive use.

ENVIRONMENTAL CLEANUP

WHO WILL CLEAN THE IRONTON SITE?    

By law, the responsible party for any contamination is the party that caused the contamination in the first place.  In this case, U.S. Steel is the primary responsible party.

U.S. Steel has signed a Voluntary Cleanup Agreement with the Utah Department of Environmental Quality voluntarily agreeing to clean the site.

U.S. Steel is willing to voluntarily clean the site because Provo has agreed to reimburse U.S. Steel for the actual cleanup costs incurred.

Reimbursement dollars will come from the sale of property. After all development costs have been paid, U.S. Steel could then receive up to their actual costs for remediation.  Provo City is not obligated to expend more than they receive, and if there is money left over after the cleanup costs are paid to U.S. Steel, any profits go to the city.

The steel mill was demolished by BYU in the late 1960's. Foundations and debris are the only materials that remain.

IRONTON SITE REMEDIATION PLAN

• Site Investigation and Risk Evaluation will guide remedial activities.
• Risk Based Remediation Goals (RBRG's) will constitute cleanup goals Utah Department of Environmental Quality. for soil and groundwater.  These goals are jointly agreed upon by U.S. Steel and
• Site Remediation will be accomplished in three phases.
• Focus of Phase I is to quickly make as much area as possible available for development.

RISK BASED REMEDIATION IS DEFINED AS:

       HAZARD  X  EXPOSURE   =  RISK

SITE SPECIFIC HEALTH BASED REMEDIAL OBJECTIVES:

     Risk = CSF x Dose, and Dose = CS x CR x EF x ED x
     B BW                                                                X AT

Rearrange to solve for a remediation goal (RBRG) for a carcinogen:

  RBRG   =         Risk x BW x AT
                 CSF x CR x EF x ED x B
      

Where:

Risk= Probability of occurrence of an unwanted adverse effect, i.e., cancer

CSF  = Cancer slope factor derived by USEPA (mg/kg-day)-1

Dose = Amount of a chemical substance absorbed by an individual          (mg/kg-day)

CS= Concentration of chemical detected in environmental media, i.e. soil (mg/kg)

CR= Contact rate with environmental media, i.e. soil ingestion (mg/day)

EF= Exposure frequency (days/year)

ED=Exposure duration (years)

B=Bioavailability of chemical from environmental media (%)

BW=Body weight (kg)

AT=Averaging time (days)

RBRG=Risk-based remediation goal (mg/kg)

           H 1 = 1/Rfd x Dose, and Dose = CS x CR x EF x ED
           B            Bw x At     

Rearrange to solve for a remediation goal (RBRG) for a non carcinogen:

                                 RfD

                           HI x BW x AT

                     1 x CR x EF x ED x B

                
Where:

HI=Hazard Index, ratio of acceptable dose to calculated dose (HI = 1.0 is ok)

RfD=Reference dose ("acceptable dose") derived by USEPA (mg/kg-day)

Dose=Amount of a chemical substance absorbed by an individual            (mg/kg-day)

CS=Concentration of chemical detected in environmental media, i.e. soil  (mg/kg)

CR=Contact rate with environmental media, i.e., soil ingestion (mg/day)

EF= Exposure (days/year)

ED=Exposure duration (years)

B=Bioavailability frequency of chemical from environmental media (%)

BW=Body weight (kg)

AT=Averaging time (days)

RBRG=Risk-based remediation goal (mg/kg)

THREE PHASES OF REMEDIATION

Phase I

• Asbestos Removal Friable, non-friable, and asbestos containing material will be removed and disposed of off-site at a permitted facility.
• Cooling Tower Slats 700 cubic yards of PAH contaminated slats will be disposed of off-site (non-hazardous)
• Tar Removal 15,000 gallons of liquid tar in flumes and 200 cubic yards of solidified tar on the ground will be removed.
• Tar will be used as fuel or for asphalt.
• Soils will be analyzed.
• Gas Holder Residuals 1,000 cubic yards of lead-impacted soils will be removed and disposed of off-site (also 1 cubic yard near exhauster building).
• Surface soils will be analyzed.
• Contaminated Material Consolidation
• Sludge, sediment, and debris in sumps and foundations will be transported to the Slag Pile area.
• A small quantity of tarry soils and debris down-gradient of the Coke.  Byproducts Plant will be excavated and transported to the Slag Pile area.
• These soils will be remediated during Phase III.

Phase II

• Motor Fuel Plume Migration Impacted area is approximately 300 feet x 240 feet to a depth of 5 feet.
• Delineate the extent of the plume.
• Monitor groundwater at wells MW-17 and MW -18 and institutional Controls (black top parking lot)
• Monitoring Well -07
• Analysis of the groundwater indicates that benzene is slightly above the MCL. Monitor twice per year.

Phase III

• Remediation of PAH - impacted soils
• 80,000 cubic yards of slag and PAH - impacted soils will be consolidated and capped as an on-site feature.
• Alternative methods of handling these soils are being investigated (e.g. Bio-remediation, Low temperature thermal description, and asphalt production, etc.)

WHAT ROLE DOES THE UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY PLAY IN THE CLEAN UP EFFORT?

• The Voluntary Cleanup Agreement is with the Utah Department of Environmental Quality. They have negotiated the cleanup criteria with U.S. Steel. All work plans for the clean up will be approved by the Utah Department of Environmental Quality.
• The Utah Department of Environmental Quality will monitor the clean up of the site.  Ultimately, they will be the approving agency that will issue a certificate of completion for the U.S. Steel cleanup.     

After the environmental clean up by U.S. Steel, Provo City will be responsible to remove or crush the remaining foundations.

LIABILITY

WHO HAS THE LIABILITY?

• U.S. Steel operated the facility until 1962.U.S. Steel donated the property to BYU in 1968.
• U.S. Steel is liable for remediation in 1998.
• Provo City's liability
  • Reimbursement costs (to U.S. Steel) for clean up efforts identified in "Agreement Regarding Remediation of Ironton Property" and payable when Provo City receives the funds through resale of the property.
  • B. There will be some on-site retention of waste materials. Development controls (covenants, conditions, zoning, etc.,) will be in place to insure that these areas are not disturbed in the future.  If these areas are disturbed in violation of the agreement, Provo would be responsible.
• U.S. Steel agrees to indemnify, defend, and hold the city harmless from any and all liability, including any environmental liability, arising from U.S. Steel's past ownership of or activities upon the Property, as well as from U.S. Steel's site characterization, risk assessment, and remediation of the Property pursuant to this Agreement and "Exhibit B, Voluntary Cleanup Agreement."

WHY DOESN'T U.S. STEEL JUST CLEAN UP THE PROPERTY?

Ironton is just one of many sites that U.S. Steel needs to clean up across the country. Frankly, it is not a very high priority when looking at all they have to do in environmental cleanup.   It would be years before they would get to this site unless they see an advantage to doing it now. The advantage for U.S. Steel is that they have a partnership with Provo City and will be reimbursed for their clean up costs when and if the city realizes a profit from resale of the property.

A Public Open House was held Thursday, March 12, 1998, at the Maeser Elementary School (150 South 500 East) to discuss the Ironton Redevelopment Project. Representatives of U.S. Steel, the Utah Department of Environmental Quality, and Provo City present to answer questions.

A Municipal Council Meeting on Ironton was held Tuesday, March 31, 1998 at the Provo City Council Chambers.

For more information on the Ironton Redevelopment Project, please contact:  

Provo City
Office of Economic Development
55 N. University Ave.  Ste. 215
Provo Utah 84601
(801) 852-6161
Fax (801) 375-1469
 

Economic Development Department
425 West Center St., Provo, UT  84603
(801) 852-6160
Office Hours: Monday - Thursday 7 A.M. - 6 P.M.
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