Frequently Asked Questions

Chromium is a mineral found in rocks, animals, plants, and soil. It is also found in byproducts of some types of manufacturing, such as leather tanning, certain steel manufacturing operations, and chrome ore processing. Generally, chromium exists in two forms: trivalent chromium and hexavalent chromium. Hexavalent chromium is predominantly man-made and is present in the environment at much lower levels than trivalent chromium.

At certain levels, exposure to hexavalent chromium can affect people’s health. Most human studies focus on how hexavalent chromium affects people who work with chrome or chrome byproducts because these people are at a greater risk of experiencing adverse health effects. Studies that compare the health of people who live near sites that contain hexavalent chromium with people who don’t have found no statistically significant differences in the health of the two groups.

The Consent Decree required a remedy that permanently contains chromium-contaminated soils and groundwater within the site, eliminates human and animal contact with the contamination, and prevents further contamination of surrounding soils, surface, and groundwater. The containment system consists of the following elements:

1. An underground slurry trench barrier encircling the property. The barrier wall is three feet thick and averages 70 feet deep. It is constructed out of bentonite clay and effectively seals off the groundwater under the site at bedrock level, preventing it from reaching the Patapsco River.

2. A groundwater containment system, which includes the barrier wall and pumping wells, prevents any groundwater from leaving the site.

3. A three-foot thick multi-media cap isolates the chromium soils and prevents stormwater infiltration into that soil. The cap includes a capillary break layer that prevents water from rising up to the impermeable cap above. The multi-media cap has a synthetic clay layer, a geomembrane layer, a drainage layer, and a clean layer of sand and gravel.

The Consent Decree requires Honeywell, in perpetuity, to continue to monitor, maintain, and repair this containment system.

The useful life of a multi-component cover system in the protected, low temperature (i.e., approximately 60 degrees Fahrenheit) setting of Harbor Point will be 500 – 1,000 years or more, based on studies performed by the EPA, U.S. National Research Council (NRC, 2007), and independent researchers (Koerner et al., 2002 and 2011). The critical component of the cover system is a geomembrane layer, which at Harbor Point is made of low-density polyethylene

The geomembrane layer significantly exceeds the expected life of the proposed development. Deterioration of the geomembrane is not expected to occur during the life of the development. Moreover, the building basement slab that will overlie the cover system protects the cover system and is another barrier (in addition to the geomembrane) between contaminated soils and the building occupants.

No. A Superfund site allows the EPA to clean up contaminated sites, either by forcing the parties responsible for the contamination to either perform cleanups or reimburse the government for EPA-led cleanup work. These impacted sites often sit idle for decades while the EPA battles multiple responsible parties and tries to come up with acceptable cleanup and funding plans. The cleanup of the former Baltimore Works site was far much more straightforward and certain, as Allied Signal and then Honeywell cooperated with regulators as the sole responsible party. As result there were no protracted lawsuits holding up cleanup and no public funding was used.

During the 1980s, a range of alternative remedies were evaluated, including removing the chromium. The decision for the containment remedy was based in part on the technical difficulties associated with excavation of a site surrounded almost completely by water and the decision by federal and state regulators that a containment remedy would protect health and the environment and allow for redevelopment.

The remedy for the former Baltimore Works site was finalized in 1992. Each site has a remedy that is particular to that site. While some remedial techniques improve over time, the technical challenges associated with excavation at the former Baltimore Works site were the result of site conditions, and those challenges would still be present today. Once implemented, remedies are evaluated periodically to make sure they are safe and effective. The data for Harbor Point shows that this remedy is protecting human health and the environment.

12 years after work was completed to prevent chromium at the former Baltimore Works site from affecting the environment, 100% of the more than 4,400 samples drawn from the waters of the harbor meet criteria for chrome levels set out in the Consent Decree that was signed in 1989 by the EPA, MDE, and Honeywell.

The Clean Water Act requires states to assess what chemicals are affecting the use of a water body and to establish Total Maximum Daily Loads (TMDLs) for those substances that are affecting a particular water body. In the 1990s and early 2000s, the MDE identified numerous different pollutants that it believed affected the Inner Harbor, including fecal coliform bacteria, total chromium, zinc, lead, and polychlorinated biphenyls (PCBs), and nutrients, which can impact biological communities.

Since that listing, a significant amount of scientific research and data regarding the toxicity of chromium in water bodies has emerged. Many of the important studies were conducted by Johns Hopkins University’s Center for Contaminant Transport, Fate, and Remediation. Others were conducted by the EPA and MDE. That scientific research demonstrated that the chromium present in the Inner Harbor is present in a trivalent (rather than hexavalent) form, and that trivalent chromium in sediments is generally non-toxic. MDE’s Water Quality Analysis showed that the harbor is not impaired by chromium. The MDE submitted that Water Quality Analysis to the EPA for final determination on whether the harbor will no longer be listed as impaired by chromium. The harbor would remain listed as impaired by other pollutants.

No. In general, heaving may occur when very large volumes of pure chromium residue are disposed of in an area with a fluctuating water table, or other source of water. The former Baltimore Works site was a production facility. Only minor quantities of residue are documented to have been present at the site, however the site was not used for disposal of large quantities of chrome residue. There has been no heaving associated with the Baltimore site. The site is monitored and there has been no change in the elevation of the cap in 13 years.

Honeywell has been working under the supervision and at the direction of state regulators, and in some cases the federal court, to remediate chrome sites in New Jersey by excavating, capping, or in some cases treating. Each site has specific conditions and end uses requiring different remedial approaches.

In Jersey City, the original Mutual Chemical plant site was successfully capped and has been the home of a Home Depot store for many years. The lawsuit focused on the site across the street, the former 34-acre Roosevelt Drive-in site, where the chromium residue was deposited. The court required excavation of the site because the large volumes of chromium residue deposited there exhibited significant heaving. The remediated property is now part of a 100-acre site that has both approved excavation and containment remedies (in areas that are not subject to heaving). At another chrome site in the immediate area, Honeywell successfully completed a remediation that included both capping and excavation.

Construction will include driving piles to support the new buildings. Utilizing proven construction techniques and detailed procedures approved by the EPA and MDE, the contractor will open portions of the multi-media cap to allow the piles to be installed and then reseal the cap.

The piles at the Harbor Point site will be installed using proven methods that connect the cap geomembrane to the pile walls. Specifically, at the Harbor Point site, the existing geomembrane will be cut at the pile locations to create an opening in the geomembrane that is large enough to perform the necessary construction of the pile foundation without damaging the surrounding geomembrane. After installation of the piles, the geomembrane will be repaired and the repairs will be tested to confirm that the repaired geomembrane meets the installation standards.

There are several published studies of the integrity of synthetic membranes (i.e., geomembranes) that have been penetrated by pile foundations. For example, a study by Wright, S. E., and Fournier, M. (2013)* describes the successful installation of piles through an existing multi-layered cap, which includes a geomembrane layer.

The engineering firm responsible for the original design and oversight of the containment remedy, including the installation of the geomembrane, is part of the developer’s team, and will coordinate and oversee construction activities with the remedy so that the integrity of the liner is protected.

Yes. The U.S. Environmental Protection Agency (EPA) and the Maryland Department of the Environment (MDE) have to approve the detailed development plans before construction can begin. The plans, including operating procedures that will be overseen by both agencies, ensure that construction will be done in a way that protects human health, the environment, and the existing remedy at the former Baltimore Works site. The Consent Decree requires that any construction not jeopardize the integrity of the remedy.

No. The redevelopment will further strengthen the already strong containment system. For example, during redevelopment, additional clean soil will be placed across the site, thereby thickening the protective cover. Impervious surfaces (concrete, steel and asphalt) used for buildings, roadways and plazas will be constructed and also will provide an additional barrier to the contaminated soils underneath the cap.

No. The hydraulic barrier consists of a mixture of soil and a special sealing clay “bentonite.” The development work will enhance the longevity and effectiveness of the barrier by driving a steel sheet pile within the barrier. The sheet pile is to be installed along Wills and Dock Streets where development precludes future access for barrier repair. The steel sheet pile installation will be a permanent feature, adding redundancy to the barrier to prevent the flow of groundwater into or from the Harbor.

Honeywell maintains financial assurances, as required by Maryland regulations. In addition, the Consent Decree requires that Honeywell, in perpetuity, continue to monitor, maintain, and repair the containment system.

For a chemical to pose a significant risk to health, exposure to the chemical must occur. The exposure must be for a significant period of time and in a quantity that has been identified as high enough to result in possible health effects. Because any chromium at the site will be contained and carefully monitored at all times, no exposure is anticipated.

We are all exposed to small amounts of chromium every day in urban environments. You can be exposed to chromium by breathing air, drinking water or eating foods that contain chromium, or through skin contact with chromium.

The chromium in the air is not related to the former Baltimore Works site. It is not coming from the site. In an urban environment like Baltimore or other large cities, there are numerous sources of airborne chromium. For example, chromium can be found in steel used in construction, automobiles, and many other types of industry. For many years, chromium was used as a wood preservative. According to the federal government’s Agency for Toxic Substances and Disease Registry, in 2007 there were 137 industrial facilities in Maryland that used chromium in some way. The chromium at the former Baltimore Works site has been contained.

Workers in such circumstances might come in contact with chromium either in the air, soil, or groundwater. OSHA standards apply to worksites like these and are designed to protect workers’ health and safety under real-life workplace conditions. Workers at Harbor Point will be required to wear protective clothing/PPE while penetrating the cap. Once the cap is sealed, protective clothing is not required.

Limited amounts of contaminated material (soil, concrete and asphalt) will be directly loaded into lined, roll-off boxes for off-site disposal at an approved, permitted facility. The limited amount of storm water that may come into contact with contaminated material will be collected and temporarily stored in double-wall portable tanks, where it will be tested and properly disposed of, if necessary, based on the test results.

Because construction will involve piercing the cap, Beatty Development has implemented a comprehensive air monitoring plan with Federal and State regulators, which includes daily air and dust monitoring from locations around the site and multiple locations throughout Baltimore City while intrusive work is underway. EPA and MDE will provide oversight and make frequent on-site visits. MDE will be on-site during key construction activities that penetrate the soils under the cap.

Using EPA-approved methods and protocol, dust will be monitored in real-time 24 hours a day during the work week; dust is used as an indicator for chromium. Hexavalent chromium samples will be collected over a 24-hour period each work day. Monitoring will be performed at the work zones and the site perimeter. Environmental professionals and government regulators will review results to ensure that air quality plans are being followed and actions taken to control dust. The data will be posted to the air monitoring map below the next business day. Hexavalent chromium results will be posted once independent laboratory results and validation reports are received from the independent, third-party data validating firm.

Perimeter air monitoring stations will be located at the property boundary, adjacent to nearby facilities, including the marina to the west and Living Classrooms to the north; condominiums to the east and Morgan Stanley to the southeast. Air will be monitored 24 hours a day, seven days a week at these fixed perimeter locations. Additionally, work zone air monitoring stations will be operated during work hours when the soil beneath the cap may be exposed, and located immediately upwind and downwind of exposed soil during excavation and loading. Work zone stations will be adjusted daily according to wind direction. The work zone stations will monitor the air at the work zones before it reaches the site perimeter thereby creating a buffer between the work zone and the site perimeter. In addition to measuring dust at the perimeter and work zone stations, air samples also will be collected and analyzed for total particulates and hexavalent chromium concentrations.

In the event that the real-time dust concentration in the work zone exceeds the dust alarm level, response actions will be taken immediately to first identify and then correct any activity possibly contributing to the elevated dust readings. Perimeter air monitoring stations will be actively observed during any response to elevated dust levels. Should the dust readings remain at or above the dust alarm level after one hour of signaling, all potential dust generating activities will be stopped. Work will not resume until any activity possibly contributing to elevated dust readings have been corrected and the dust readings are continuously below the dust alarm level for 15 minutes after stopping work.

Demonstrated, effective dust control measures have been put in place and are designed to keep concentrations below the dust action levels approved by the agencies. These measures include:

1. Using water misting to maintain soil moisture to suppress dust generation and to prevent dust transport during excavation.

2. Limiting the size that areas where the underlying soil is exposed at any one time.

3. Placing clean materials, including geotextile fabric and gravel cover soil, over impacted soil to prevent worker contact and reduce potential airborne dust.

Should the dust alarm level be exceeded, an event log will be prepared, including the activities performed in response to elevated dust readings, and will be posted on Harbor Point’s website.

Air monitoring results will be collected in real-time and posted on the air monitoring map the next business day. Air monitoring data posted on the website will note the reason for any exceedances of the action level. These are likely to include sources unrelated to redevelopment including idling trucks, commuter traffic, weather such as fog, and other off-site construction activities.

Tax increment financing (TIF) is a municipal financing tool for funding public infrastructure, primarily associated with the construction of real estate development projects. It ensures that a significant economic development project with potential to yield substantial benefits for the city can move forward.

TIF uses the sale of municipal special obligation bonds to pay for the design and construction of public infrastructure. The debt payment on these TIF bonds are then paid back using a portion of the new or incremental property taxes generated by the project – hence the name Tax Increment Financing. This method of financing is not very different than a jurisdiction issuing bonds to pay for new bridges or major repairs to public infrastructure. Money is borrowed in the bond market to pay for an improvement that will serve the public good.

TIF functions by capturing new, or incremental, taxes generated by a specific development project, and investing those new taxes to finance and construct public infrastructure such as roads, utilities, lighting, public parks, promenades, and schools that are necessary before a new development project can occur. In this manner, TIF functions to support new development used to generate new tax revenue, eliminate blight and vacant property, and spur economic development. The Mayor and City Council of Baltimore must consider and approve all TIF-related legislation, and all bond financing terms must be approved by the Board of Finance.

Historically, cities would construct public infrastructure, like roads and parks, ahead of new private development. The Harbor Point site currently has no public infrastructure, so the City needs to look at innovative ways to pay for such infrastructure so that private development will occur and the City can reap all of the benefits of the project such as new jobs, new City residents, eliminating blighted and vacant property, and significant new tax revenues. In today's budget climate, Baltimore is unable to fund this infrastructure by simply paying for the improvements from City, State, and Federal funds. With TIF, the City is able to borrow the necessary funds at competitive market prices and repay the borrowed funds with new revenues generated directly from the project without detracting from any City-wide services and using any existing City revenues.

The Harbor Point TIF is to be used ONLY for public infrastructure – roads, utilities, parks, etc. – the kinds of infrastructure that the public sector typically builds. Beatty Development Group (a private developer) pays for the buildings and other amenities at Harbor Point. This combination of public and private investments is essential in making a large-scale project like Harbor Point possible.

No. A special fund is created into which these incremental real property taxes are placed. Withdrawals are made from this special fund to cover debt payments on the TIF bonds. Although carefully underwritten so that the incremental taxes are sufficient to pay the bonds, any gap is covered by the creation of a "special taxing district" in which the developer and property owners in that district pay a “special” tax to make up the difference. Property owners in other parts of the city will never pay this special tax.

TIF is NOT a tax break for the developer. Under a TIF, the property owners within the TIF district are required to pay full property taxes less any "by-right" tax credits that exist such as the Enterprise Zone or Brownfields Tax Credits. By law, TIF funds will NOT be used to finance private improvements and TIF does NOT lower a property owner's taxes. In fact, the owners of the property within the TIF district bear the risk of increased taxes being levied upon them should the incremental taxes be insufficient to make bond payments.

No. The initial capital for TIF comes from the sale of TIF bonds to investors. That capital is used to fund the infrastructure costs. Absolutely no money comes out of the general fund.

No. The TIF legislation and bond documents clearly state that the developer, Beatty Development, picks up additional costs if the project exceeds the original TIF amount. Cost overruns are not paid by the general fund and taxpayers are not exposed to this risk.

The Harbor Point project will produce significant new tax revenues for the City. The pre­development assessed value of the property is estimated at $10,764,500 and the City collected pre-development property taxes in the amount of approximately $244,116 per year. At project completion, the property is expected to be assessed at over $1.8 Billion and the City anticipates collecting on average $19 .6 Million per year at full build-out, and after netting out the costs of TIF financing and City costs of services.

No. The Maryland General Assembly recently passed legislation to ensure that TIF would not inadvertently affect school funding.