Monday, January 31, 2011

Part I: CERCLA Liability and Local Government Acquisitions and Other Activities

Local governments can play an important role in facilitating the cleanup and redevelopment of properties contaminated by hazardous substances. In particular, by acquiring contaminated properties, local governments have an opportunity to evaluate and assess public safety needs and promote redevelopment projects that will protect and improve the health, environment, and economic well-being of their communities.
One impediment to local government acquisition of contaminated property is concern about potential liability for the cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, also known as “Superfund” or “CERCLA,” 42 U.S.C. §§ 9601-9675.

The U.S. Environmental Protection Agency (EPA) recommends that local governments refer to the statutory language of CERCLA, the regulations at 40 C.F.R. Part 300 (known as the “National Contingency Plan”), and relevant EPA guidance (referenced at the end of this document) for more detail. EPA’s Regional office responsible for the area where the property is located may also be able to provide information and assistance to local governments considering acquisition of contaminated properties. EPA also encourages local governments to consult with their state environmental protection agency and legal counsel prior to taking any action to acquire, cleanup, or redevelop contaminated property.

What is CERCLA?

CERCLA outlines EPA’s authority for cleaning up properties contaminated with hazardous substances regardless of whether the properties are in use or abandoned. Additionally, CERCLA establishes a strict liability system for determining who can be held liable for the costs of cleaning up contaminated properties. CERCLA also provides EPA with robust enforcement authorities to compel cleanups and recover EPA’s response and enforcement costs incurred atthese properties. Properties addressed under CERCLA authorities are commonly known as “Superfund sites.”

CERCLA also includes authority for EPA to provide grant funding for the assessment and cleanup of brownfield sites. CERCLA § 101(39)(A) defines a brownfield site as “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” Many of the properties that local governments may be interested in acquiring may qualify as brownfield sites.

For more general information about, and an overview of, CERCLA, please see EPA’s website at
http://www.epa.gov/superfund/policy/cercla.htm.

What are the various ways local governments become involved at contaminated properties?

Local governments may become involved at a contaminated property in a number of ways, many of which present opportunities to facilitate cleanup or redevelopment of contaminated properties. The ways include:

  • Providing incentives to promote redevelopment (i.e., zoning, tax increment financing, etc.).
  • Responding to an emergency on the property;
  • Transferring of tax liens;
  • Collaborating with the current property owner;
  • Leasing of the property by the municipality;
  • Acquiring the property and “simultaneously” transferring it to a third party;
  • Acquiring the property with subsequent transfer to a third party; Acquiring the property and managing it by a land bank; or Acquiring the property long-term.
 Can a local government be liable under CERCLA?

Yes. CERCLA is a strict liability statute that holds potentially responsible parties (PRPs) jointly and severally liable, without regard to fault, for cleanup costs incurred in response to the release or threatened release of hazardous substances. Under CERCLA § 107, a person, including a local government, may be considered a PRP if the person:
  • Is the current owner or operator of the contaminated property;
  • Owned or operated the property at the time of the disposal of the hazardous substance;
  • Arranged for the hazardous substances to be disposed of or treated, or transported for disposal or treatment; or
  • Transported the hazardous substances to the property.
Check back tomorrow for Part II

Saturday, January 22, 2011

Austin, Texas, Named As Pilot City For Green Building Rating System.


The Austin (TX) Business Journal (1/13) reported, "Austin is one of 10 cities nationally chosen to test a beta version of a new sustainability rating. The rating system - called STAR Community Index - is designed to help governments measure and improve their sustainability efforts through analytics, mapping and data management." The developers of the system, ICLEI-Local Governments for Sustainability USA, plan to "eventually roll out the program nationwide. Once complete, the data center will allow cities and counties to rank themselves using a standard system. Pilot cities will help ICLEI refine the index's metrics, 81 goals and 10 guiding principles. They were developed in collaboration with the US Green Building Council, National League of Cities, Center for American Progress, and more than 150 sustainability experts. The city of Austin will help the group design performance management software for the data."

Friday, January 21, 2011

EPA ANNOUNCEMENT: CARE Grants Available

Environmental Grants

Grants will help communities address local health and pollution issues

WASHINGTON – The U.S. Environmental Protection Agency is making $2 million available in 2011 to reduce pollution at the local level through the Community Action for a Renewed Environment (CARE) program.  CARE is a community-based program that works with county and local governments, tribes, non-profit organizations and universities to help the public understand and reduce toxic risks from numerous sources to protect people’s health.

EPA will award CARE cooperative agreements in two levels.  Level I awards range from $75,000 to $100,000 and will help establish community-based partnerships to develop local environmental priorities.  Level II awards, ranging from $150,000 to $300,000 each, will support communities that have established broad-based partnerships, identified the priority toxic risks in their communities, and are prepared to measure results, implement risk-reduction activities and become self- sustaining.

In 2010, EPA’s CARE program distributed $2 million throughout 14 communities.  Among the grant recipients, projects included tackling drinking water and stormwater pollution, solid waste, and toxics issues in Cordova, Alaska; addressing air and water pollution sources, municipal solid waste collection and chemical releases in Ashland, Ky.; targeting pest and solid waste issues in New York, N.Y.; tackling air pollution and land use issues in Detroit, Mich.; focusing on threats from lead in paint, mold, and hazardous household products in Gary, Ind.; and addressing air pollution, greenhouse gas emissions, water pollution, and poor waste management in Kansas City, Kan.

Since 2005, 81 communities in 39 states and territories have used CARE grants to help reduce pollution and protect people’s health.  A recent evaluation by the National Association of Public Administrators (NAPA) recognized the CARE program as a solid tested framework for engaging communities and other stakeholders.

Applications for the CARE grants are due March 22, 2011, 4:00 p.m. EST.  EPA will conduct three webcasts to answer questions from prospective applicants about the application process on February 8, February 23, and March 2 from 1:00 p.m. to 3:00 p.m.

More information about the grants and webcasts: http://www.epa.gov/care

MS DEQ 2011-01 Brownfield Newsletter

The Mississippi Department of Environmental Quality (MDEQ) has published it's January Newsletter, highlighting the Whirlpool Brownfield Project in Oxford, MS. It can be found at http://www.brownfields.ms

Thursday, January 20, 2011

Fort Worth, TX - Gas Vapor Mitigation Solution at Chik-Fil-A

PROJECT: Chik-Fil-A
LOCATION: Fort Worth, TX
PRODUCTS: Liquid Boot® PLUS Gas Vapor Mitigation System with VI-20™ Geomembrane GeoVent™ Gas Venting System

CASE STUDY

BACKGROUND: The owner of the former manufacturing site and the engineer understood the value of having a barrier with superior vapor resistance and a long standing track record to protect the indoor air quality of the restaurant.

CHALLENGE: Residual VOCs in the soil generated from former manufacturing facilities previously
located on the site created a potential air quality issue due the possibility of sub-slab vapor
intrusion.

SOLUTION: The Liquid Boot® PLUS System was installed with a low profi le venting system. With the understanding that the client is extremely conscientious when creating a quality work environment and visiting space for customers, it was decided that the Liquid Boot® PLUS system, with its superior resistance to VOC vapors, would be the best product for this location. The Liquid Boot® PLUS system incorporates CETCO’s GeoVent™ low-profi le venting system, VI-20™ composite geomembrane (green
material in images), CETCO’s Liquid Boot® spray-applied membrane and UltraShield™ G-1000 protection course.

RESULT: With a successful installation of the Liquid Boot® PLUS system, accompanied with CETCO’s QA/QC procedures, including a non-destructive smoke test, this structure has the most advanced vapor mitigation barrier on the market to protect the indoor air quality from vapor intrusion.

EPA Document - BMPs for Triad Approach for Assessment/Cleanup

Best Management Practices: Use of Systematic Project Planning Under a Triad Approach for Site Assessment and Cleanup (EPA 542-F-10-010). This technical publication is intended for environmental practitioners engaged in the investigation, design, remediation, and closure or reuse of contaminated sites. Systematic Project Planning is a rigorous project planning process that lays a scientifically defensible foundation for proposed project activities. The bulletin discusses important considerations and contingencies that need to be addressed, and key activities to be performed during SPP at hazardous-waste sites. It guides the reader to think about SPP from early assessment, to evolving to a mature conceptual site model, to looking ahead at site re-use; and emphasizes up-front effort. Included are references where the reader can find tools and more detailed technical guidance (September 2010, 19 pages). View or download at http://clu-in.org/techpubs.htm .

Wednesday, January 19, 2011

01/19/2011 - EPA's Mathy Stanislaus Email - video Town Hall Discussion on January 28

FROM MATHY STANISLAUS

Hello,

I'm happy to announce that OSWER will be holding our fifth Video Town
Hall discussion on Friday, January 28 from 1:00 - 1:45 PM EST. Anyone
who wishes to attend will have an opportunity to ask questions directly
to myself and other EPA experts.

The discussion will be about green use of brownfields. Redeveloping a
brownfield - a property that has contamination or is thought to be
contaminated - can revitalize a neighborhood. Whether used for
greenspace, housing, or retail development, a redeveloped property can
provide new social and economic opportunities for a community. More and
more, neighborhoods are looking for ways to reuse properties that yield
both environmental and social benefits. EPA is doing everything we can
to provide information about green reuse options such as urban gardens
and parks. In addition, EPA is promoting cleanup methods that remove
contamination while minimizing the impact on the environment.

EPA wants to know what redevelopment options have worked or you think
could work for communities. Has a community near you promoted green
reuse of a brownfields site? Have they cleaned up a brownfeilds site in
a green way? What can EPA do to help?

There are two ways to attend the Video Town Hall:

   1.         Watch online. Access the streaming video feed at
      www.epa.gov/oswer/videotownhall.htm. You can e-mail questions to
      townhallquestions@epa.gov before or during the meeting. We will
      select a representative sample of questions and answer as many as
      possible. Please include your name or organization when submitting
      a question.

   or...

   2.         Call in. You can listen to the meeting toll-free by calling
      1-877-220-5073, conference code 38558700. People attending by
      phone will have an opportunity to ask questions towards the end of
      the meeting. We will answer as many questions as possible.

As always, information about this Video Town Hall and previous
discussions is available at www.epa.gov/oswer/videotownhall.htm. I hope
you'll join me on the 28th.

Sincerely,
Mathy Stanislaus
Assistant Administrator for EPA's Office of Solid Waste and Emergency
Response

FY2011 Supplemental Funding for Brownfields Revolving Loan Fund (RLF) Grants

EPA’s Office of Brownfields and Land Revitalization (OBLR) plans to make available approximately $8 million to supplementally fund Revolving Loan Fund capitalization grants previously awarded competitively under section 104(k)(3) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9604(k)(3). Brownfields Cleanup Revolving Loan Fund (BCRLF) pilots awarded under section 104(d)(1) of CERCLA that have not transitioned to section 104(k)(3) grants are not eligible to apply for these funds. EPA will consider awarding supplemental funding only to RLF grantees who have demonstrated an ability to deliver programmatic results by making at least one loan or subgrant. The award of these funds is based on the criteria described at CERCLA 104(k)(4)(A)(ii). The Agency is now accepting requests for supplemental funding from RLF grantees. Requests for funding must be submitted to the appropriate EPA Regional Brownfields Coordinator (listed below) by February 17, 2011. Funding requests for hazardous substances and/or petroleum funding will be accepted. Specific information on submitting a request for RLF supplemental funding is described below and additional information may be obtained by contacting the EPA Regional Brownfields Coordinator.

DATES: This action is effective January 18, 2011.

ADDRESSES: A request for supplemental funding must be in the form of a letter addressed to the  appropriate Regional Brownfields Coordinator (see listing below) with a copy to Megan Quinn, U.S. EPA, 1200 Pennsylvania Ave., NW., MC: 5105T, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Megan Quinn, U.S. EPA, (202) 566–2773 or the appropriate Brownfields Regional Coordinator.

Ridgeland, MS to get MDEQ to conduct Phase I ESA for future City Center Site

The City of Ridgeland submitted a Targeted Brownfield Assessment application to the Mississippi Department of Environmental Quality (MDEQ) last week.  Ridgeland leaders are close to purchasing land for a City Center off U.S. 51.  In October, the City of Ridgeland applied for an EPA Brownfield Community-wide Assessment grant.  The competitive grant program will likely announce winners in April.  In the meantime, the City decided to move forward with a Phase I ESA by having the MDEQ use one of its contractors to do so.  Ridgeland will pay $4.6 million for about 25 acres of land for the complex. The property is in two parcels located at the northwest quadrant of U.S. 51 and School Street across from the police department and municipal court building.  The Ridgeland Area Master Plan (RAMP) includes plans for mixed use development on the concrete plant and brownfield.  Preliminary information indicates that at least one above ground storage tank is located on the site making this a potential petroleum brownfield..

Tuesday, January 18, 2011

Florida Voluntary Cleanup Tax Credit Application Deadline - January 31, 2011

For site rehabilitation applications, the annual application deadline is January 31, or the following business day, of the year following the calendar year for which an applicant is claiming site rehabilitation costs. Therefore, all site rehabilitation costs incurred during 2010 must be claimed in an application submitted to the Division of Waste Management by January 31, 2011. No prior year costs can be claimed in an annual site rehabilitation tax credit application.


Tax Credit Type
Site
Rehabilitation
Site
Rehabilitation
Completion
Order (NFA)
Bonus
Affordable
Housing
Bonus
Health
Care
Bonus
Solid
Waste
Application Frequency Annually Once Once Once Once
Maximum Credit for Costs Incurred and Paid from 07/01/1998 to 06/30/2006 35%;
$250,000
10%;
$50,000
N/A N/A N/A
Maximum Credit for Costs Incurred and Paid after 06/30/2006 50%;
$500,000
25%;
$500,000
25%;
$500,000
N/A 50%;
$500,000
Maximum Credit for Costs Incurred and Paid after 12/31/2007 50%;
$500,000
25%;
$500,000
25%;
$500,000
25%;
$500,000
50%;
$500,000

MORE INFORMATION

Monday, January 17, 2011

Allgood, TN - City Council Approves Brownfield Grant

SOURCE: Herald Citizen

ALGOOD -- On January 11th, the Algood City Council approved grant applications for a total of five grants. Among them were a Rehabilitation Housing Grant that will allow home owners in a designated area of the city to apply for funds to improve their homes, a TDOT grant for the construction of a depot, a Brownfield grant to be used for the removal of underground storage tanks at the site to be used for construction of a new city hall building, a fire prevention and safety grant for the fire department, and a USDA Rural Development grant for the construction of an Algood farmer's market.

Jackson, MS - Old Coca Cola Plant to host artists

[SOURCE:Clarion Ledger]

espite being empty the last four years, the old Coca-Cola distribution building on U.S. 80 in south Jackson still bears many reminders of its past. Old equipment can be found in some of the rooms and corridors on the roughly 12-acre property. Walls and ceiling fan blades are adorned with Coke product logos.

But Gil Sidi sees something different in the decades-old building - a place where artists can establish working space while having restaurants and retail shops in walking distance. Sidi, a New York City resident, has bought the property, which includes five buildings and some significant open space.


[MORE]

Sunday, January 16, 2011

NC - Research park developers ask for brownfields certification for land

[SOURCE: Winston Salem Journal] Developers of the proposed South District of Piedmont Triad Research Park are requesting brownfields certification for a 40.6-acre site. PTRP Holdings LLC, the park's real estate development arm founded in 2003, said Sunday in a legal notice it has filed an application with the N.C. Department of Environment and Natural Resources.

The site is bounded by Business Interstate 40 to the north, Stadium Drive to the south, U.S. 52 to the east and Salem Avenue to the west.

A brownfields certification enables the developer to get state tax credits to help offset the cost of cleaning up and developing property containing contaminants.

The agency has approved two previous brownfields requests for the park.

[MORE]

Saturday, January 15, 2011

Monroe, LA - Guideco Properties LLC in Monroe Ready for Reuse

The Louisiana Department of Environmental Quality, the U.S. Environmental Protection Agency and Guideco Properties LLC, celebrated the completion of a Ready for Reuse project at a ceremony at DEQ on Tuesday. Guideco was awarded a determination letter and certificate by DEQ and EPA signifying that the site has been cleaned and can be put back into use.

The property encompassed by this Ready for Reuse Determination is located on Millhaven Road in Monroe. The site was a former GM automobile headlight manufacturing facility consisting of an approximately 425,000 square foot manufacturing /distribution building on 182.2 acres. After investigations of the property it was determined that there were five areas of interest about soil contaminants and a soil remediation plan was submitted to DEQ. As a result, over 600 tons of soil was excavated and the excavations were backfilled with clean material. After retesting the soil, DEQ and EPA have concluded that Guideco has successfully conducted investigation and risk management activities.

A Ready for Reuse Determination is an acknowledgment by DEQ and EPA that environmental conditions on the property are protective of human health and the environment based on its current and anticipated future use.

“Guideco Properties LLC. has been diligent in demonstrating that a clean environment is important to them. This ceremony is a testament to the work many people put into cleaning up this land and getting it ready to be put back into use.” said Peggy Hatch DEQ Secretary. “The Ready for Reuse program is beneficial for economic reasons because land can be put back into use and is now productive again. It’s good for the environment and the economy because the contamination was addressed in a way that meets state and federal standards.”

“Cleaning up contaminated property and returning it to productive use is one of our top priorities,” said EPA Regional Administrator Al Armendariz. “As we commemorate 40 years of EPA's work, the Ready for Reuse program is clearly one of our most successful programs in protecting the environment and restoring communities.”

For more information about DEQ’s voluntary remediation program, please visit www.deq.louisiana.gov or www.epa.gov to learn about EPA’s Land Revitalization Action Agenda.

Friday, January 14, 2011

The American Society of Landscape Architects releases a step-by-step guide on converting brownfields into community space

Every stretch of America has at least one: an old industrial site that’s so trashed and toxic, it looks like the setting for a Garbage Pail Kids reunion -- not exactly the type of thing you want in your backyard (unless, of course, you’re an 8-year-old boy).

From Industrial Wasteland to Community Park from ASLA on Vimeo.

Wednesday, January 12, 2011

Florida DEP Gets New Leader - Herschel Vineyard

TAMPA, Fla.—Florida Gov. Rick Scott (R) Jan. 3 appointed Herschel Vineyard to lead the Department of Environmental Protection. In a statement, Scott said Vineyard, a former environmental attorney and director of business operation for BAE Systems Southeast Shipyards in Jacksonville, would protect the state's natural resources while creating “the best possible mechanisms for job creation.” Vineyard had served on Scott's economic development transition team. “Good environmental practices make good business sense. Not only can such stewardship better protect the resources around us, they often save money and lead to new innovation,” Scott said. “Herschel has been on the front lines of such efforts and will ensure that Florida leads the nation in new partnerships between government and industry that save money, streamline processes and create jobs.” The appointment is subject to confirmation by the Florida Senate and Cabinet.

Tuesday, January 11, 2011

Environmental Workforce Development and Job Training Grants (FY2011)

Environmental Workforce Development and Job Training Grants (FY2011)
Closing Date: March 18, 2011

EPA issues a notice announcing the availability of funds and soliciting proposals from eligible entities, including non-profit organizations, to deliver environmental workforce development and job training programs focused on hazardous and solid waste management, assessment, and cleanup-associated activities. While Environmental Workforce Development and Job Training Grants focus on hazardous and solid waste remediation and health and safety, including required core training in HAZWOPER, applicants may design their own curriculums by choosing what types of supplemental environmental training they want to provide.

FY11 Environmental Workforce Development and Job Training Grant Guidelines (PDF)

Sunday, January 9, 2011

Alabama's Green Progress Report for 2010

Each year the Green Resource Center for Alabama publishes a Green Progress Report that outlines some of the most important developments  on the path toward making Alabama a “greener” state. The third annual GRCA Green Progress Report 2010 recaps some of the most significant events from this past year related to improving Alabama’s environment, reducing energy use and waste, and protecting the state’s natural resources.
 
Read more »

Saturday, January 8, 2011

Charlotte, NC - Habitat for Humanity Project Delayed

Charlotte, North Carolina, Habitat For Humanity Delaying Affordable Housing Project.


The Charlotte (NC) Observer (1/2, Sullivan) reported, "Habitat for Humanity of Charlotte will delay a project that could bring 24 affordable townhomes to northeast Charlotte and focus instead on rehabilitating foreclosed and vacant properties in that area. Neighbors who oppose Habitat's proposal to build the townhomes on a wooded Bingham Drive site have told officials at the nonprofit that acquiring vacant buildings in challenged communities is a better way to increase the area's supply of affordable housing." The Observer also states that Habitat "started rehabilitating homes for economically disadvantaged families in 2007 through its Critical Home Repair program," which is designed to "protect Charlotte's affordable housing stock and prevent homeowners from being displaced."

Friday, January 7, 2011

What to look for when hiring an "Environmental Professional"

As Brownfields decision makers and grantees evaluate the capabilities of environmental professionals whom they may hire to perform all appropriate inquires, the following qualifications should be considered:
  • Does the individual who will supervise the environmental assessment, or all appropriate inquiries, meet the minimum qualifications of an Environmental Professional, as defined above and in the final rule at §312.10?
  • Does the vendor have experience in performing Phase I and Phase II environmental site assessment activities, including: interviewing owners, operators and occupants; reviewing historical sources of information and federal, state, tribal and local government records; performing visual inspections; conducting multi-media sampling and analysis; interpreting geologic, hydrologic, and chemical data; and preparing site assessment reports?
  • Can the vendor demonstrate experience within the industry associated with the property being assessed (e.g., aerospace and defense, chemicals, electronics, energy, manufacturing, metals/mining, petroleum, pharmaceuticals, real estate, telecommunications, transportation, etc.)?
  • Is the vendor knowledgeable of federal, state, tribal, and local environmental laws and policies, particularly those related to the industry with which the property being assessed is associated?
WHO QUALIFIES AS AN ENVIRONMENTAL PROFESSIONAL FOR THE PURPOSE OF ALL APPROPRIATE INQUIRIES?

The final rule defines an environmental professional as someone who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding conditions indicative of releases or threatened releases of hazardous substances on, at, in, or to a property, sufficient to meet the objectives and performance factors of the rule. In addition, an environmental professional must:

  • Hold a current Professional Engineer’s (P.E.) or Professional Geologist’s (P.G.) license or registration from a state, tribe, or U.S. territory (or the Commonwealth of Puerto Rico) and have the equivalent of three (3) years of relevant full-time experience; or
  • Be licensed or certified by the federal government, a state, tribe, or U.S. territory (or the Commonwealth of Puerto Rico) to perform environmental inquiries and have the equivalent of three (3) years of relevant full-time experience; or
  • Have a Baccalaureate or higher degree from an accredited institution of higher education in a discipline of engineering or science and the equivalent of five (5) years of relevant full-time experience; or 
  • Have the equivalent of ten (10) years of relevant full-time experience.
A good place to start is your State Brownfield Coordinator or Environmental Agency.  Some States require that Phase I and or Phase II ESAs are the practice of engineering or geology.  Still others require that a licensed water well driller be used when installing wells (Phase II ESAs).  If the "professional" has done all his work in Minnesota, chances are that he/she has little understanding of the local/state rules/regs or, better yet, the regional geology of the area.  Using this kind of "expert" may be a bad idea.  Shop around, consultants are hungry.

Thursday, January 6, 2011

FL-Hollywood considers redeveloping former dump

[SOURCE: JULIE BROWN, Miami Herald (FL)]

January 4, 2011


Hollywood city commissioners are considering whether to clean up and redevelop a 32-acre city-owned dump site that was used four decades ago to dispose of incinerator waste and other trash four decades ago.

At Wednesday's regular meeting, the commission will discuss whether to designate the site a "brownfield" -- a label that refers to a contaminated piece of land on industrial sites that have the potential
to be reused.

The land, at the corner of South Park Road and Pembroke Road, was the site of an incinerator that burned up to 450 tons of municipal solid waste per day. It operated from about 1958 to 1973. For a time, the ash
was disposed at area landfills. But, according to the city, in 1963 a pit on the property was filled with trash, brush and other debris. Later, incinerator ash was spread on top of the trash.

[MORE]

Tuesday, January 4, 2011

Video - What is a Brownfield?

If you're a fan of the movie "Strange Brew", surely a video with a bunch of Canadians talking about brownfields has gotta be a beauty, eh?

Webinar: The Brownfields Area-Wide Planning Pilot: Early Implementation and Future Directions (Feb. 17)

Webinar: The Brownfields Area-Wide Planning Pilot: Early Implementation and Future Directions (Feb. 17)


Start:
February 17, 2011 2:00 pm
Address:
United States
The National Association of Local Government Environmental Professionals (NALGEP) is hosting a webinar on February 17, 2011 from 2:00-3:30pm addressing the recent EPA Brownfield Area-Wide Planning Pilot program. From NALGEP:
In 2010, EPA’s Office of Brownfields and Land Revitalization established the Brownfields Area-Wide Planning Pilot Program (AWP) and selected 23 pilot communities from across the country. The AWP pilot program will assist communities in developing area-wide plans that integrate the cleanup and reuse of brownfield sites into larger, coordinated efforts to revitalize surrounding areas. Through focused attention to an area (such as a neighborhood, district or corridor) affected by brownfield sites, the pilot communities will conduct community involvement and reuse planning activities that will result in a framework within which site assessment and cleanup can take place. Once developed, the area-wide plans for brownfield cleanup and redevelopment can be integrated at local and regional levels, which is expected to yield mutual benefits for both processes, improved environmental quality, and better and more efficient outcomes for communities. By more explicitly tying brownfields cleanup and redevelopment with planning, EPA sees an opportunity to use lessons from the pilot to incorporate planning into other brownfields programs.
Speakers from EPA will give an overview of the AWP program, describe which communities were selected for the pilot and why, and discuss how the program fits into OBLR programs, EPA priorities, and Obama Administration initiatives. Andy Bracker from Kansas City will provide an on-the-ground perspective by describing Kansas City’s proposal and early implementation.
Speakers:
David Lloyd
Director, Office of Brownfields and Land Revitalization
EPA
Aimee Storm
Lead, Brownfields Area-Wide Planning Pilot Program
EPA
Andrew Bracker
Brownfields Coordinator, Department of City Planning and Development
Kansas City, MO
Register for the webinar here. Questions can be directed to nalgep@spiegelmcd.com.

Tennessee Brownfield Toolbox

In 2009, the Tennessee Department of Environment and Conservation (TDEC) created the Brownfields Redevelopment Toolbox in conjunction with the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) State Response Program and Brownfields Operation Task Force

The purpose of the Toolbox is to explain the Brownfields process in straightforward terms, and provide rural and smaller city governments/entities/communities with a systematic, start-to-finish, guide to Brownfields redevelopment. The Toolbox identifies five (5) steps in the Brownfields renewal process. The Toolbox provides a brief summary of each step, answers a series of Frequently Asked Questions (FAQs), and lists and summarizes available state and federal tools and incentives local governments may want to utilize in pursuing redevelopment of a Brownfield site in their community. A list of questions is presented at the end of Steps 1 through 3; based on the answers, the reader/user is directed to the appropriate next step for that project.

Here's a LINK.

Monday, January 3, 2011

Environmental Insurance for Brownfield Redevelopment

What is environmental insurance?

Environmental Insurance refers to a suite of insurance products designed to protect the insured (e.g., the developer, the remediation contractor) from cost overruns associated with environmental cleanup projects. The insurance is in addition to the general liability insurance typically carried by remediation firms and is particularly important for contractors on performance based contracts because they are paid for successful completion of milestones, not based on the level of effort to achieve those milestones. If an unexpected condition arises that drives the cost of the cleanup beyond what was originally anticipated and proposed, the insurance can provide the necessary funds to complete the work, up to the agreed upon spend limit.

What is the purpose of environmental insurance coverage?


The developer benefits from minimizing the impact of cost overruns through use of environmental insurance. This has the effect of limiting the overall cost risk to both the developer and contractors. In certain circumstances, without insurance, contractors might have to include very high contingencies and the overall cost to the developer might be prohibitively high. If insurance is used and the contractor encounter unanticipated contamination levels, extent, or constituents, or should the contractor have difficulties in the field, instead of the developer funding subsequent contract modifications, the contractor is required to seek insurance payment in order to cover the additional costs.


What sort of coverage does the insurance provide?

The insurance provides coverage for cost overruns - project costs that exceed the amount estimated in the project contract. The most common type of policy that protects against cost overruns above the estimated cost of remediation is Remediation Stop Loss Insurance (also known as Cleanup Cost Cap Insurance). The cost overruns covered by these policies are generally due to one of three occurrences:

* Regulatory or requirement changes;
* The discovery of new contaminants, or more extensive contamination, not identified when the remediation plan was designed; or
* Delays and difficulties in the execution of the original remediation plan.

The carrier issuing the policy indemnifies the insured for remediation costs above the estimated costs, plus an additional retention level, up to the policy cap. For example, a $1 million cleanup may require a $100,000 retention amount. In this simplified example coverage under the policy begins after $1.1 million (value of contract award plus retention amount) has been spent on the covered remediation project. If remediation costs exceed the insured amount, the additional costs revert back to the insured.

Why should a developer pay for insurance policies?

The insurance policy allows contractors to take on a greater amount of risk at a reduced cost to the developer. The developer is willing to pay the insurance premium because of the reduced remediation cost, the ability to cap remediation funding required to complete work at an installation, and because of the additional funding available via accessing the insurance policy should unforeseen circumstances arise.

How can the developer determine whether environmental insurance will be required?

Several factors are incorporated into the decision on whether to require environmental insurance on a project. These include the nature and scope of the work anticipated on the contract (e.g., groundwater remediation versus installation of a pre-approved cap design), the level of uncertainty remaining on a project, and whether the work will be conducted by a large or small business. In addition, the developer should carefully examines all aspects of the anticipated scope of effort to determine if there are some elements of the work that should not require environmental insurance. Such elements include long-term management of landfill caps and covers and development of the Project Management Plan.


How much does the insurance typically cost?

Policy premiums for the required insurance are based on a percentage of the guaranteed costs in combination with the limits of the policy, generally falling between 10% and 15% of the proposed remediation project cost.

Are the policy premiums considered a "remediation cost" under State Brownfield Tax Credit criteria?

Contact your State Brownfield Coordinator to determine whether policy premiums can be offset with a brownfield tax credit.

Sunday, January 2, 2011

EP Magazine: Vapor Intrusion and ASTM's Revised Vapor Encroachment Standard

FROM EP MAGAZINE - The experts answer why the topic is so hot now and the best way you can protect your clients and yourself from liability.

* By Dianne P. Crocker
* Dec 06, 2010

By now, you’ve probably heard about the indoor air quality issue that develops when rapidly evaporating chemicals from polluted soil or groundwater make their way into indoor air. If not, you soon will — a spate of lawsuits, increased regulatory interest, and a recently revised ASTM screening standard have converged in a short period of time to bring the issue to the fore and effectively change due diligence best practices.

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Saturday, January 1, 2011

Brownfield Tip of the Month (January) - Field a Strong Brownfield Team with Leadership from the Top

Brownfield success is about people. Localities most successful in brownfield revitalization have set up
brownfield teams that include prominent local leaders, a brownfield staff champion, and a cross-sector
team of public and private supporters. The use of a well rounded local government team for
brownfields can help the prospective end-users of these sites overcome the tough barriers to
brownfield redevelopment. A local brownfield team can also bring together the cross-disciplinary
skills necessary to address these complex environmental, economic and social challenges. In addition,
the establishment of the right team helps ensure that the community's brownfield initiatives are
sustained beyond the expiration of EPA brownfield grant funding or other start-up funding that
launched these programs. A local brownfield team should include the following.

Leadership from Top Local Officials

Whether from the Mayor, City Council, City Manager, County Supervisor or a top agency official, the
nation's top brownfields programs all receive leadership from high-ranking local officials. These officials
are essential to providing the vision, building the community support, developing the partnerships, and
obtaining the resources needed for a successful program. They also bring the private sector to the
table, lobby for funding, testify in Congress, and speak at conferences to demonstrate their leadership.
For example:

-Chicago Mayor Richard Daley has committed more than $70 million to establish an
aggressive local program that acquires and prepares brownfields properties for commercial
and industrial redevelopment.

-Tom Suozzi, the former Mayor of Glen Cove, New York who was recently elected as
County Executive for Nassau County, made the revitalization of the brownfields on Glen
Cove's waterfront his top community priority. He is now implementing an ambitious
brownfields program for the entire County.

-Mayor Dan Malloy of Stamford, Connecticut has made the revitalization of his City's Mill
River Corridor his top economic development priority. By becoming a national spokesman
on brownfields, Mayor Malloy has leveraged more than $50 million in state and federal
funding for land acquisition, transportation, affordable housing, greenway development,
and other priorities that are components of his revitalization plans.


Interagency Team

Most successful brownfield programs have established local interagency teams, which serve several
valuable functions. Different agencies bring the different skills and areas of expertise required for
revitalization. By having all of the relevant agencies involved, the locality can create greater
predictability in the development process and thereby enhance its credibility with the private sector.
Moreover, the participation of multiple agencies provides a variety of entry points for property owners
and developers interested in redeveloping brownfields. There are a number of different models for
interagency teams, but virtually all have participation from at least the Mayor's office and the economic
development, environmental, planning, finance, and legal departments. Many also include the local
parks, public works, public health, housing, buildings and transportation departments. For example:

In Chicago, the Mayor's Office has a point person who helps coordinate a team of senior
officials from the departments of Planning and Development, Environment, Management and
Budget (OMB) and Law. Planning and Development takes the lead in identifying the priority
sites and negotiating the deals. Environment makes sure sites are properly assessed and cleaned
up. OMB helps identify and secure funding. Law makes sure the deals can happen. In addition,
the departments of Transportation and Buildings are often involved, depending on the specific
project.

The City Manager's office in Phoenix, Arizona established an interdepartmental Brownfields
Task Force, consisting of representatives from nine city departments, to develop a formal
program to encourage brownfields redevelopment by the private sector in Phoenix. City
Council also unanimously approved establishment of the program with funding from the City's
general funds and bond budgets.

Lawrence, Massachusetts tackled this problem by establishing two interagency task forces —
teams comprised of local, state, and federal representatives — that ironed out key issues,
facilitated decision making, and coordinated the multiple regulatory issues connected with
brownfields projects.

This interagency approach is key to brownfields success, because bureaucracy at the local level can kill
brownfields projects. Many brownfield projects are burdened by high assessment and remediation
costs and by long, drawn-out time frames — a situation that is only exacerbated when multiple
government agencies are involved. An interagency team can promote one-stop-shopping for
brownfields parties to help avoid these brownfields barriers.

It is important to emphasize that interagency coordination can yield important benefits that don't
require any cash outlay by the city. In several cases, streamlining interagency coordination was critical
in resolving overlaps in administrative jurisdictions and oversight. It saved the city staff resources, and
the developer valuable time. Cities like Dallas, Texas and Detroit, Michigan have used a brownfield
"SWAT Team" approach, pulling people from different departments like planning and public works into
a single brownfield unit. They can quickly deal with all types of situations that can come up in a
brownfield reuse project. Moreover, this kind of approach has been replicated in small cities, like in the
Southwest Municipal Conference consortium in Cook County, Illinois. There, officials from several
communities have joined forces to identify experts from within the different cities, the county, and
from around the state who they can call in when specific brownfield situations arise.

Local Brownfield Staff

Most successful programs devote some local staff to implementing their brownfields programs. Many,
like Kansas City, Missouri; Phoenix, Arizona; and Nashville, Tennessee have at least one full time point
person (usually a "Brownfield Program Manager" or "Brownfield Coordinator") assigned to spend all
of their time and energy leading and coordinating the effort. Others, like Chicago, Illinois have several
staff that are part of the brownfields team, and each devotes substantial time to brownfields projects.
Dedicated brownfields staff can also help overcome a common problem for most localities, namely,
that no single office or entity is responsible for overseeing brownfields projects. Instead, myriad players
from a range of departments must be coordinated, creating an administrative nightmare. All agree that
establishing a single entity for oversight of brownfield initiatives is key. The Worcester Redevelopment
Authority (WRA) in Worcester, Massachusetts is an example of such a framework. The WRA acquires
properties, coordinates remediation, and facilitates site redevelopment work — acting as a
"brownfields broker." Similarly, the Port of Seattle assembled under one lead manager a group of staff
members who were dedicated to the Southwest Harbor redevelopment project. This team, which
worked out of one office location, included members of the port's marine facilities as well as staff from
legal, engineering, environmental, and finance offices.

Small and rural communities that may not have the resources to dedicate local staff to brownfields can
explore collaborative approaches with other communities. For instance, a number of small
communities could join together to hire expert staff assistance to work with all of the participating
towns. Such staff could also be funded through regional planning and economic development agencies.
For example, in the Asheville, North Carolina area, the Land-of-Sky Regional Council used EPA,
Economic Development Administration, Appalachian Regional Commission, and other funding to
organize a regional plan to revitalize brownfields and spark economic development across a region that
includes four counties and 15 cities and towns. Four specific brownfield redevelopment projects are
already underway since the effort began in 1998.

Technical Expertise

The best local brownfields teams will make use of people with technical expertise in brownfields issues.
With local technical expertise in assessment, cleanup, redevelopment planning, funding, permitting and
other key issues, a community can facilitate both public and private sector revitalization. This approach
can save time, money and uncertainty for the parties involved in a brownfields project. In larger
localities with greater resources and a number of brownfields projects, this expertise can be brought in
house onto the local staff. In smaller communities or areas with a more limited number of brownfields,
the locality can contract technical expertise with experience in local brownfields revitalization (and,
this could potentially be funded by EPA assessment grants). In some regions, localities have joined
together to fund and share technical personnel who can then act as "brownfield circuit riders" among
various communities. See, e.g. the Indiana Association of Cities and Towns, Environmental Circuit
Riders program at www.citiesandtowns.org/content/member_resources/environment_DHT.htm.