November 14, 2006 1 Still Afraid of CERCLA? Tools and Techniques for Managing Environmental Liability Concerns Susan Bromm, Director Office of Site Remediation.

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Presentation transcript:

November 14, Still Afraid of CERCLA? Tools and Techniques for Managing Environmental Liability Concerns Susan Bromm, Director Office of Site Remediation Enforcement Office of Enforcement and Compliance Assurance

November 14, What’s the Current Landscape? At the vast majority of brownfields, the federal government is not involved. Where the federal government is involved, there are some tools & techniques you can use to manage environmental liability concerns.

November 14, EPA and the Real Estate Community Share a Common Goal Not needing federal government involvement in every real estate transaction where there is, or might be, contamination. The focus should be on managing realistic risks.

November 14, Setting the Stage: Post-2002 BF Amendments Now, owners of contaminated properties are not automatically liable under CERCLA Bona Fide Prospective Purchasers Can purchase with knowledge of contamination Contiguous Property Owners Innocent Landowners

November 14, Enforcement Discretion Guidances Interim “Common Elements” Guidance (03/06/03) Interim Enforcement Discretion Policy Concerning Windfall Liens Under Section 107(r) of CERCLA (07/16/03) Interim Enforcement Discretion Guidance Regarding Contiguous Property Owners (01/13/04)

November 14, Where Direct EPA Involvement Can Help: Site-Specific Tools and Techniques Model BFPP Removal Agreement PPAs Comfort/Status Letters and WF Lien Resolutions ER3

November 14, BFPP Doing Work: Many Diversified Interests First-ever agreement by BFPP to clean up a Superfund Site listed on the NPL Helped spur development of BFPP removal Order Site is in blighted area outside of Houston, TX

November 14, MDI

November 14, Prospective Purchaser Agreements (PPAs) Amendments made federal covenants not to sue (PPAs) in most cases unnecessary. Bona Fide Prospective Purchasers and the New Amendments to CERCLA (05/31/02) But, EPA may still provide PPA where appropriate.

November 14, Post-BF Amendment PPAs: Riverfront in New Haven, MO Region 7 issued a PPA that facilitated a successful redevelopment project in a blighted area in the historic district of New Haven, MO.

November 14, Site-Specific Comfort/Status Letters Provide information regarding a specific Site May address application of an enforcement discretion policy (e.g., Contaminated Aquifer Policy) Post-BF Amendments, may cover windfall liens and site-specific reasonable steps Have provided 100+ since the enactment of the BF Amendments

November 14, Comfort/Status Letters: Excelsior Springs FMGP (R7) R7 comfort/status letters assuring the application of EPA’s 1995 Contaminate Aquifer Policy facilitated purchase of abandoned Church adjacent to a Superfund site.

November 14, Comfort/Status Letters: Kalamazoo NPL Site (R5) Former Menasha Paper Plant to re- open along the Kalamazoo River due to Reasonable Steps by USG

November 14, ER3: Empire Canyon, Utah Site History and Description Located in historic mining area about 25 miles east of Salt Lake City, in Park City, Utah Property was used as a dump for mine waste and other materials containing a variety of hazardous substances Lead and arsenic in soils Zinc and cadmium in surface waters 1907 – Daly West Mine Summit County, Utah

November 14, Commitment to Sustainable Development at Empire Canyon Sustainable Building Workplan Achieve U.S. Green Building Council’s, Leadership in Energy and Envtl. Design (LEED) silver standards Conservation easement for 2800 acres in Park City Storm water management plan Native vegetation Utah Blue Sky, renewable wind energy program Minimization and recycling of construction debris Maximize energy efficiency Take steps to encourage alternative transit to and from the resort Help provide affordable housing for resort workers

November 14, The Future of Empire Canyon Artist Rendering of Planned Montage Development

November 14, CERCLA: Not the Big Bad Wolf You thought it was!