What Makes a Brownfields Program Successful

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Region 4 Brownfields Program
Mickey Hartnett hartnett.mickey_at_epa.gov
[phone]
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Are There Brownfields In Your Community?
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• SMALL BUSINESS LIABILITY RELIEF
• AND
• BROWNFIELDS REVITALIZATION ACT

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Title II BROWNFIELDSREVITALIZATION
A. Brownfields Program (grants) B. Liability
Clarifications C. State Response Programs
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Fundamentals of the Brownfields Law

• Liability Relief for Property Owners and Sites
  Cleaned Up Through State/Tribal Programs
• Expansion of Existing Grant Programs and
  Brownfields Support for Local Communities
• New Brownfields Definition
• Assistance to State Tribal Response Programs

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General Changes to Brownfields Grant Program

• Expands Scope of Brownfields Program and includes
  Petroleum Contamination
• Expands eligibility for assessment and cleanup
  grants
• New provision for direct cleanup grants of up to
  200,000 / site

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NEW DEFINITION
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.
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Additions to Definition of Brownfields
Sites

• Land contaminated by petroleum
• or petroleum products
• Land contaminated by a controlled
• substance as defined in the
• Controlled Substance Act
• Mine-scarred land.

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Exclusions to Definition of Brownfields Sites

• - Planned or ongoing CERCLA
• removal action
• - NPL Sites - listed or proposed
• - Subject to an EPA/State Order
• Subject to RCRA corrective action
• (add backs permitted)
• Federal Facilities

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Exclusions to Definition of Brownfields Sites

• Sites with PCB Contamination
• subject to remediation under
• TSCA.
• Received LUST Funds

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FY03 Brownfields Funding
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BROWNFIELD Grants Competition

• USEPA Region 4
• Brownfields Funding Workshop

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Brownfield Program Grants

• Up to 200,000 _at_ for
• Assessment Remedial Planning
• Cleanup (new)
• Job Training
• 350,000 MAX
• Up to 1M for Revolving Loan Funds

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Who Is Eligible to Apply?

• Local Governments
• Land Clearance Authorities/Quasi-Governmental
  Entities Under Local Governmental Control
• State Legislated Government Entities
• Regional Councils of Government or Group of Local
  Governments
• Redevelopment Agency (State Chartered/Sanctioned)
• States
• Tribes
• Nonprofit Organizations (Cleanup Only)

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Eligible for Funding via Competitive Grants per
104K

• must meet BF perspective purchaser
• requirements in 107
• Must have acquired property AFTER
• Jan/11/02
• for cleanup grants- grantee must own
• property (and have completed
• assessment)

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What Contaminants May Be Assessed and Cleaned Up?

• Hazardous Substances
• Contaminants
• Pollutants
• Petroleum Products
• Controlled Substances
• Mine-Scarred Lands

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What Properties Are Eligible?

• Must Be a Brownfield
• ...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.
• Definition Also Specifically Includes
• Mine-Scarred Land (e.g. Abandoned Waste
  Rock/Spent Ore Piles)
• Controlled Substances (e.g. Illegal Drug Labs)
• Petroleum (e.g. Abandoned Gas Stations)
• Relatively Low Risk
• Owner Is Not the Polluter

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Properties Requiring A Property-Specific
Determination

• Properties Not Eligible for Funding Without
  Property-Specific Determination
• Planned/Ongoing Superfund Removal Actions
• TSCA PCB Cleanup Through EPA Enforcement Action
• Federal Actions or Judicial Decrees under RCRA,
  OPA, TSCA or SDWA
• Land Disposal Units That Have Filed a Closure
  Notification Under Subtitle C of RCRA
• Assessment/Cleanup Monies from the LUST Trust Fund

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(BCRLF) Program Requirements

• 20 Matching Requirement
• Grants Loans for BF Remediation
• NCP Streamlining
• Administrative Costs

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Eligible Borrowers

• (New Law)
• A Site Owner
• Site Developer
• Nonprofit Organization

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Community Involvement

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Title II Subtitle B Liability Clarifications
Generally applies to owners and purchasers of
property who did not contribute to the
contamination or impede cleanup, exercised
appropriate care, cooperate and provide access,
and conduct appropriate inquiry prior to
purchase.
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Title II Subtitle B
Liability Clarifications Contiguous Property
CERCLA 107 (q) Prospective Purchasers and
Windfall Liens CERCLA 107(r) Innocent
Landowners CERCLA 101
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Title II Subtitle C State/Tribal Response
Programs

• Amended CERCLA to add
• Section 128(a)
• Eligible Response Site
• Assistance to States
• (Grant Funds)
• Enforcement Bar
• NPL Deferral

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Eligible Response Site

• Definition includes
• Brownfields sites
• LUST facilities
• Other sites where EPA determines enforcement bar
  should apply

• Definition excludes
• Sites scoring above 28.5 (after consulting with
  State)
• Sites identified by Regs. (e.g., sole-source
  aquifer)

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Title II Subtitle C Purpose of Program

• Expand Authorities
• Replaces VCP TBA Funding
• Build State Tribal Capacity
• Funds for Capitalizing RLF and Insurance
  Mechanisms
• Increase number Response Actions Overseen by
  States/Tribes

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Targeted Brownfield Assessments
Region 4
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Brownfields National Measures
Brownfield Properties Activities

• Reported by Pilots 72,964
• Assessments Completed 3,510
• Cleanups Completed 243
• Redevelopment Activities 469
• (as of 06/04/2002)

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National Outcomes
Jobs/Dollars Leveraged

• Cleanup/Const. Jobs 8,127
• Cleanup Dollars 320,000,000
• Redevelopment Jobs 16,572
• Redevelopment Dollars 4,642,000,000
• (as of 05/2003)

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Brownfields Measures Region 4
Brownfield Properties

• Reported by Pilots 12,321
• Assessments Completed 368
• Cleanups Completed 40
• Redevelopment Underway 131
• (as of 05/2003)

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Region 4 Outcomes
Jobs/Dollars Leveraged

• Cleanup Jobs 89
• Cleanup Dollars 24,000,000
• Redevelopment Jobs 1,609
• Redevelopment Dollars 411,000,000
• (as of 05/2003)

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For the Latest Brownfields Information

• Brownfields National Homepage www.epa.gov/brownfi
  elds
• EPA Region 4 www.epa.gov/region4

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EPA Brownfields Website
www.epa.gov/brownfields
Link to Region 4
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Design Center for the Carolinas Charlotte, NC
Received NCs First Brownfield Agreement April
1998

• Project 14,500,000
• 400-600 jobs
• Assessment 34,000 grant 31,000 private
• Cleanup 165,000

127 Worthington Ave
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