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Environmental Business

Council

September 13, 2011

Carol Tucker

Brownfields Section Chief

US EPA New England

(617) 918-1221

tucker.carol@epa.gov

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What is a Brownfield?

Brownfields sites are “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.”

This includes “low risk” petroleum sites and

mine scarred land as well as meth labs.

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Federal Liability Protection

Even though the Brownfields Law was passed

in 2002, there are still many potential property

owners who are not clear about what to do

prior to purchasing property.

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Federal Liability Protection

The Brownfields Law provides that under certain

circumstances, simply owning contaminated property

does not result in CERCLA liability.

The law provides federal liability protection to a group

we call “Bona Fide Prospective Purchasers” (BFPPs).

A BFPP must do certain things prior to purchasing a

property in order to be protected.

Rule #1: Have an ASTM Phase I done prior to

purchase.

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Federal Liability Issues

There are other things you must do as well

after acquiring the property:

Exercise appropriate care by taking reasonable

steps which includes:

Stopping any continuing releases

Preventing any threatened future releases

Preventing or limiting human or environmental exposure to

the site.

Comply with land use restrictions.

Comply with information requests.

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Federal Liability Issues

Paying attention and doing these things

ensures a higher probability of success when

you apply for an EPA cleanup grant or try to

borrow funding through an EPA revolving loan

fund grant.

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Eligible Entities for EPA Grants

Eligible Entities

States

General Purpose Unit of Local Government

Tribes

Redevelopment Agencies

Land Clearance Authority

Councils of Government

Non-profits (cleanup only)

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EPA Brownfields Grants

Assessment Grants

Revolving Loan Fund Grants

Cleanup Grants

Job Training Grants

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Brownfields Assessment Grants

$200K Hazardous Substances

$200K Petroleum*

* Petroleum sites are eligible IF

• “Relatively low risk site” when

compared with other petroleum

contaminated sites

• No viable RP

• The site will be assessed or cleaned

up by a person who is not potentially

liable for cleaning up site

• Not subject to RCRA 9003 (h) order

** EPA approved waiver to $350K

Inventory Brownfields

Phase I / II Environmental Assessments

Cleanup / Reuse Plans

Community and Stakeholder Outreach

Single Site ** Community-Wide

Assessment

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Robertson on the River in Taunton, MA

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Brownfields Remediation Grants

Revolving Loan Fund Grants

Revolving Loan Fund Grants Cleanup Grants Cleanup Grants

Up to $1 Million grant*

Requires 20% match

Provide no-interest or low

interest loans for Brownfields

Cleanups

$200,000 grant

Requires 20% match

Applicant must own the site for

which funding is requested at

the time of application.

Non-profit organizations are

eligible to apply.

Applicants can not be

potentially liable under

CERCLA.

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RLF Success Story

North Dam Mill, Biddeford

Southern Maine RPC loaned funds for the cleanup.

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Cleanup Success Story Manchester Street Park in

Lawrence

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Environmental Workforce Development and

Job Training Grants

Applicants may apply for $300,000 to prepare

trainees for future employment in the

environmental field.

Selected through a national competition which

is on its own annual cycle.

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Coordination with MADEP

EPA coordinates with MADEP in a number of

ways:

MADEP approves sites for petroleum eligibility.

Properties are assessed and cleaned up according

to Massachusetts state regulations.

EPA provides the state with funding to establish and

enhance its voluntary cleanup program.

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Rural Areas

EPA has successfully provided this funding to rural areas through outreach to regional councils of government.

The COGs can do inventories, Phase I and Phase II work as well as remediation planning.

A steering committee identifies and prioritizes the sites to receive the funding.

COGs can do municipally-owned and privately-owned properties.

They can assist small communities in preparing cleanup grant proposals.

This has been a very successful targeted approach to reaching rural areas.

New Programs and Focus

PREPARED Workbook

Sustainable Communities Partnership

New Grants

Area Wide Planning Grant

Multi – Purpose Grant

Contractor Workshop

Guideline Changes

Making Connections with Developers

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PREPARED Workbook

What is the PREPARED Workbook?

PREPARED is a risk management framework

for evaluating various actions that a local

government might take to bring about a

desired reuse at contaminated properties that

it does not currently own. These actions are

referred to in the Workbook as property

recovery actions. Worksheets are also

provided to help document and guide the

evaluation process.

http://www.epa.gov/region1/brownfields/prepared/

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Coordinate federal transportation, environmental protection, and housing investments in order to support sustainable development

More transportation choices

Promote equitable, affordable housing

Increase economic competitiveness

Support existing communities

Leverage Federal Investment

Value communities and

neighborhoods

Sustainable Communities Partnership HUD-DOT-EPA

Partnership for Sustainable Communities R1 HUD/DOT/EPA Pilots:

Fairmount/Indigo Corridor, Boston

Holyoke, MA

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In Fall 2010, 28 additional grants of assistance

from the three agencies were awarded to New

England communities under the Partnership for

Sustainable Communities.

The focus for the regional partnership effort for the

coming year is providing guidance and assistance

to these project efforts.

Efforts to support the regions three pilot

communities are ongoing as well.

http://www.sustainablecommunities.gov/community.html#FC5

Sustainable Communities Partnership HUD-DOT-EPA

New Grants for FY2012

Are Wide Planning Will create a $300K grant

Purpose is to develop an area-wide plan for the brownfields-

impacted area, which will inform the assessment and

cleanup of the brownfield site, and identify next steps and

resources needed for plan implementation.

Multi- Purpose Will create one grant to fund both the assessment and

cleanup activities of a specific site.

Applicant must be an eligible entity and own the site.

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Coming this Winter …. Contractor Workshop

Preview of topics include

AAI

ABCA

Section 106

QAPP

PCB Regulations

Site Eligibility

Grantees Assistance and Grant Compliance

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Guideline Changes

Due to be published in soon

Includes changes in overall points

Additional threshold criteria

Will change emphasis of different aspects of

the application

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This Year’s Competition

Annual Guidelines will issued soon with due dates in November and

announcements will be made in April/May

Information Sessions are tentatively scheduled. See web site for updated

information

Date Location

11-Oct Boston, MA

12-Oct Montpelier, VT

East Hartford, CT

13-Oct Providence, RI

14-Oct Manchester, NH

Connecting Grantees and Developers

Many grantees have identified the need to connect with

the development community

EPA, together with our environmental, housing, and

economic development state partners are looking into

ways to facilitate this effort

How to market the property

Information on creating a “MLS” like listing for Brownfields

properties

Presentations on what a developer is “looking for”

Ideas welcome and more to come…

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For More Information

Web Address: www.epa.gov/newengland/brownfields

Send us an email from the website and be put

on our “What’s New” notification list:

http://www.epa.gov/region1/brownfields/whatsnew.html

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Brownfields Team Call Us