PREPARED WORKBOOK Kathy Castagna, EPA Region 1 Mark Lewis, CT DEEP John Podgurski, EPA Region 1 March 25, 2015.

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Presentation transcript:

PREPARED WORKBOOK Kathy Castagna, EPA Region 1 Mark Lewis, CT DEEP John Podgurski, EPA Region 1 March 25, 2015

PURPOSE AND OVERVIEW 2

PREPARED A risk management tool to help cities and towns decide the best approach to brownfield redevelopment Provides worksheets to guide the process Use is optional 3

WHY USE IT?  Provides a structure for thinking about potential municipal involvement in a reuse project  Improves communication within & outside team (i.e., increases efficiency and effectiveness), including:  Environmental consultants  Legal counsel  Municipal departments  General public  Developers/financial institutions  Documents key considerations and decisions  Promotes clarity and transparency  Builds support for decisions  Brings new- and non-team members up to speed 4

RISK MANAGEMENT FRAMEWORK Risk-Based Decisions  identify each risk  evaluate its likelihood and consequences  select an appropriate action to control risks  implement the action to achieve the desired outcome Typically an iterative process involving the gathering and evaluating of information!! Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action PREPARED mirrors this decision process 5

WORKSHEETS Helps guide and document the process  You don’t have to fill out every one  You don’t have to fill them in completely Worksheets 1a Stakeholder Information 1 Establish Project Goals 2 Evaluate Potential Property Reuse Options 3 Identify Property Recovery Actions 4 Summarize Due Diligence 5 Identify Obstacles and Risks 6a Financial Analysis, Sources and Uses 6 Options to Manage Risks 7 Project Status 8 Project Summary 6

ESTABLISH PROJECT GOALS  Goals drive the process  Gain early consensus  Key considerations  what is the desired outcome?  how important is reuse?  how time critical is reuse? Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action “If you don’t know where you’re going any road will get you there”… Lewis Carroll from Alice in Wonderland 7

PRELIMINARY REUSE ASSESSMENT  Obtain information to understand  Status of property  Physical and social opportunities and constraints  Community needs and potential impacts  Market and extent of demand  Potential alternatives for reuse  General cost constraints  Potential for success and level of risk Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action 8

IDENTIFY PROPERTY RECOVERY ACTIONS  Actions that involve a municipality in the cleanup and reuse of a contaminated property  Each action carries its own set of issues that impact the strategy for managing project risks More Control Less Liability Acquisition and long term ownership Acquisition and interim ownership Leasing by municipality Acquisition and “simultaneous” transfer to a third party Collaboration with the property owner Transfer tax liens Incentives to promote reuse Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action 9

CONDUCT DUE DILIGENCE Essential step in identifying and evaluating project risks  Understand potential impediments to reuse  presence of hazardous substances on the property  reuse obstacles and potential sources of project risk  May protect against potential environmental liability  all appropriate inquiry is required for some types of liability protection under CERCLA Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action 10

IDENTIFY PROPERTY REUSE OBSTACLES  Anything that would affect the decision to redevelop a property  economic limitations  legal challenges  regulatory hurdles  community concerns  development issues  management considerations  Utilizes information obtained through the due diligence process  Process of identifying is iterative  Prioritize based on how it impacts the project goals Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action 11

ASSESS PROPERTY REUSE RISKS  Obstacles generally are associated with a risk  Risk refers to the probability that an adverse event will occur and the consequences of that adverse event  legal  financial  community issues & acceptance Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action 12

IDENTIFY RISK MANAGEMENT OPTIONS  Risk can’t always be eliminated — only managed  Reduce the probability and impact of a risk  Risk mgt. creates opportunities  avoid  reduce  transfer  share  accept Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action Consequence Probability Risk Management 13

RESOLVING DATA GAPS Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action Uncertainty drives risk How much information is enough? 14

SELECT A PROPERTY RECOVERY ACTION  Would you move forward with this site?  have obstacles been (or can be) identified?  have risks been (or can be) resolved?  are the necessary resources available?  is the project financially viable and realistic?  is additional information needed?  What alternative (property recovery action) would you select? Stakeholder Engagement Establish Goals Pre-Screen Property Recovery Actions Property Reuse Assessment Conduct Due Diligence Identify Property Reuse Obstacles Assess Property Reuse Risks Manage Property Reuse Risks Select Property Recovery Action 15

PREPARED: THE NEXT GENERATION The Connecticut DEEP PREPARED Municipal Website Interface 16

CT DEEP WEB-ENABLED PREPARED WORKBOOK  PREPARED Workbook  Currently only available on EPA Region 1 webpage as a downloadable document  Not state-specific  Connecticut is the first state to web-enable the PREPARED Workbook (Joint CT DEEP/ EPA Region 1 Project)  Improves PREPARED access and usability  Is state-specific- links to Connecticut information & programs  Not a CT DEEP or EPA requirement  Planned launch in April  Check DEEP website- for rollout announcementwww.ct.gov/deep  Hopefully a model for other states 17

QUESTIONS/COMMENTS? Mark Lewis Brownfields Coordinator CT Dept. of Energy and Environment (860) Kathy Castagna Brownfields Project Officer U.S. EPA Region 1 (617) John Podgurski Chief, Brownfields Section U.S. EPA Region 1 (617) Accessing PREPARED EPA Region 1Webpage: CT DEEP Webpage: Launching soon on 18