PA Land Recycling Program Enhancements & Brownfield Action Team Presented by: Tom Fidler Director, Office of Land Recycling and Community Revitalization for the Cleanup Standards Scientific Advisory Board May 2004

Land Recycling Program Statistics z To date, over 1,500 properties remediated z Over 830 site recycling projects underway z $63.5M dedicated to Land Recycling projects

Land Recycling Program Attributes Adopted by Many z Reasonable standards, and use of engineering and institutional controls to control exposure z Background demonstration concept z Review timeframes for work completed z Site inventory – PA SiteFinder zVapor Intrusion guidance

Economic Stimulus Package for Community Revitalization zPA Business in Our Sites $300M grant/loan program Site preparation/infrastructure zReal Estate Construction Fund aka Building PA $150M for Mezzanine debt and equity investments for construction projects zTax Increment Financing (TIF) $100M in loan guarantees Provides technical assistance to guide municipalities through process of creating TIF districts

Economic Stimulus Package for Community Revitalization zElm Street Program y$5 million in grants yRevitalization of residential and mixed-use neighborhoods zMain Street Program y$5 million in grants yHelps to establish a local organization dedicated to downtown revitalization zHUD 108 Loan Guarantees $288M federal financing for economic development loans

Pending Economic Stimulus Package for Community Revitalization Issues zWater and Sewer Fund aka PennWorks $250M loans and grants for economic development projects which require water and sewer upgrades zRedevelopment Assistance Capital Budget Program Expand by $640M for economic development grants

Growing Greener II z$800 million bond issue yReclaim abandoned mines and toxic waste sites yInvesting in alternative energy sources yPreserving farmland, protecting open space and improving state parks yRestoring communities and expanding affordable housing

Program Enhancements Initiative zCurrent Administrations Commitment Revitalization of communities is a top priority Addressing concerns of the LRP which were identified in audits over the last 9 years. Develop enhancements to improve the LRP zWorked with stakeholder focus groups and staff workgroups to develop changes

Objectives of the Initiative z Implement a program to demonstrate that human health/environmental protection and economic revitalization are not mutually exclusive goals. z Unlock the potential economic benefits of recycling brownfields and grayfields across the Commonwealth. z Improve the voluntary program and define a role for the enforcement program via client and staff suggestions.

Objectives of the Initiative z Create an enhanced management approach in DEP with a process that is more efficient, effective, responsive and involves all stakeholders of a brownfield going through remediation/development/ reuse. The Brownfield Action Team (BAT) Expedited remedial approvals Coordinated/integrated permitting

Brownfield Action Team (BAT) Basics zProvide evidence of local support zBe consistent with local zoning/planning zLocation of property: Be located in town, borough, or city, in/on Brownfield Enterprise Zone KOZ or Keystone Innovation Zone Select Grayfields aka abandoned mine land

BAT Basics zInclude a project plan that includes: Concept Plan for Reuse Identified Project Principals Time Schedule for Redevelopment Description of Community Benefits Level of Committed Private Investment zApplication available online

MOA with EPA zEPA MOA One Cleanup Program Provision for addressing CERCLA, RCRA, and TSCA issues through the Act 2 process State relief from liability Federal declaration of no further action First MOA under the Brownfields Law

Legislative Action Items zLegislative design of Act 2 sound zProgram Funding – Top Priority zProposed Act 2 amendments Fee increase Deed acknowledgement submitted with final report Section 902(a) permit waivers for redevelopment

Legislative Action Items zPA ONECALL Developed to prevent damage to underground facilities/utilities Broaden coverage to include engineering controls in place on Act 2 sites. zEnvironmental Covenants PA has introduced state legislation to be consistent with UECA

Legislative Action Items zGrayfields Legislation would allow Land Recycling Program concepts applied to certain AMLs Incentive funding – OSM federal grant zEnvironmental Insurance Legislation pending to create an insurance program Establish PA-specific policy (5-10% premium discount) Fund for premium subsidies established

Enhancing the Voluntary Process z Streamlined NIR & NIR acknowledgement letter z Project management steps, taken from past proven practices, institutionalized z Checklists to assist remediators they have complete submissions z Acknowledging role of client professionalism z Deficiency letters

Low-Risk Sites Program zObjective Expedite project development and the reuse of these sites. zCriteria Small sites Groundwater exposure risk acceptable SHS or pathway elimination used Plan for redevelopment Licensed Professional and training z10-day turnaround zAudits

Define Role of an Enforcement Program z Sites meeting criteria for action to protect human health and the environment – separate action z Mothballed sites z Policy on civil penalties zRelease disclosure clarification

Responsiveness to Clients Needs and Suggestions z Q&A process z Providing both clients and DEP staff with the same training = improved consistency z Vapor Intrusion screening training z Regular regulatory/guidance updates

Professionalism - Clients z Professionals Responsibility Qualified through licensing and training Assume responsibility for the accuracy of information and interpretations Accordance with the certifying agencys rules of conduct zProfessionals accountability Audits Referrals

Professionalism - DEP zDEP Roles Facilitates timely and practical resolution of issues Guidance and assistance in understanding the Departments rules, regulations, and policies Accept the planning, direction, analysis, conclusions and reporting of the licensed professional based on predetermined criteria Deny report or provide deficiency letter if submission does not meet rules Regular audits by Land Recycling Program

Reporting Requirements z Reporting Requirements Current requirements imply recent spills/releases related to water Immediate notification to DEP Notify downstream users Cleanup within 15 days Historic releases are reported with submissions under the Land Recycling Program process

Local Government Action Items zID mothballed properties zCreation of task forces zParticipation in roundtables zRedefining role of DEP Local Government Liaisons zOutreach to explain program and process

Thank you PA Land Recycling Program and Brownfield Action Team DEP Keywords land recycling or brownfields (717)