Every Acre of Brownfields Developed

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Presentation transcript:

Every Acre of Brownfields Developed Saves 4 ½ Acres of Greenfields Fear associated with the reuse of potentially contaminated properties continues to present a barrier to private investment in brownfields among many communities and stakeholders. Helping stakeholders grasp both the extent of contamination and the cost of cleanup is the best response EPA can provide through it’s assessment grant program. EPA’s continued outreach can also assure stakeholders that liability issues associated with contaminated brownfields properties have been resolved. EPA also has broadened its program approaches to include a wider array of stakeholders through: Portfields – EPA has established new relationships with NOAA and USACE on America’s Ports. . Mine-scarred Lands – EPA is piloting new brownfields relationships with 6 communities. Railyards – EPA is developing railyard guides for brownfields. Non-Point Source and Combined Sewer Overflow issues are providing the Brownfields program with new ways to reach both States and other Federal agencies. Developed All Appropriate Inquiries Rule establishing federal standards for assessing properties. Issued Bona Fide Prospective Purchaser Memorandum clarifying that the new Brownfields Law removes certain liability barriers to purchases of property and encourages redevelopment.

The Brownfields Law Provides grants for assessment, cleanup, and job training. Provides grants for the establishments of revolving loan funds. Provides grants to States. Provides liability relief.

How does EPA’s Brownfields Program do this? Grants for Assessment, Cleanup, Training Grants for Revolving Loan Funds Grants to State Partners Direct Targeted Brownfield Assessments Training Workshops and Conferences Stakeholder Coordination & Support Land Revitalization Initiatives Outreach and Communication AAI, Innocent/Adjacent Landowner, BFPP

CERCLA Liability Protection Congress designed CERCLA to ensure that those who caused the pollution, rather than the general public, pay for the cleanup. Under CERCLA, liability for cleanups is very strict and specific. However, the law also provides various forms of liability protection. A party who satisfies certain statutory provisions can avoid CERCLA liability. http://epa/gpv/compliance/resources/policies/cleanup/superfund/bonf-pp-cercla-mem.pdf To Get CERCLA Liability Protection, a Purchaser Must: To not be liable party or affiliated with the LP Conduct all appropriate inquiries prior to purchase Fulfill continuing obligations after purchase to: Comply with land use restrictions Maintain Institutional Controls Take reasonable steps to: stop/prevent releases prevent exposures

CERCLA Liability Protection is offered to: Contiguous Property Owners Bona Fide Prospective Purchasers Innocent Landowners Brownfields Grant Recipients

EPA Brownfields Funding ASSESSMENT GRANTS EPA Brownfields Funding CLEANUP Revolving Loan Fund GRANTS Direct CLEANUP GRANTS Competitive Grants, overhead and other assistance JOB-TRAINING GRANTS Up to $250M authorized, but not necessarily appropriated. Usually around $160-170 M. $75M for competitive grants EPA must assure that 25% of all funding awarded goes toward petroleum projects. $70 million for grants. States & Tribes Targeted brownfields Assessments STATE & TRIBAL RESPONSE PROGRAM GRANTS