EPA’s Enforcement Perspective on Superfund Site Reuse Hollis Luzecky Office of Site Remediation Enforcement, U.S. EPA

Overview Enforcement’s perspective on the benefits of site reuse Benefits to EPA Benefits to PRPs Benefits to Developers Enforcement’s role in supporting site reuse Resources 2

Why Should EPA Enforcement Consider Reuse? Helps EPA achieve cleanup and enforcement goals Powerful incentive to encourage expeditious cleanups Protects the remedy and environment Saves federal and state cleanup resources Facilitates partnerships with states, local governments, communities, and future land users 3

Why Should a PRP Consider Reuse? Can help achieve settlement Removes obstacles to cleanup and saves resources Leads to more cost-effective and efficient remedies Prevents inconsistent use with the remedy Guides development and long-term effectiveness of ICs Fosters goodwill with state, local government, communities 4

PRP Benefits Continued… May attract developers Developer may conduct, finish, enhance, or maintain a remedy Developers have a vested interest in maintaining property Including, BFPPs obligations 5

Benefits to Developers When Reuse Considered Cleanup supports future land use ICs compatible with reuse EPA may use enforcement tools to address liability concerns May negotiate lower purchase price if agree to perform cleanup Cleanup costs may be recovered 6

Enforcement’s Role in Supporting Reuse Eliminate barriers to reuse Address liability concerns Provide access to information Consider use of enforcement tools Enforcement discretion guidance Comfort/status letters Agreements Review ICs 7

Enforcement Role Continued… Engage community stakeholders Seek state support Support the “greening” of projects in enforcement documents Support innovative solutions and partnerships 8

Summary Facilitating reuse not perceived as a traditional enforcement role, but environmental and enforcement benefits merit its integration into enforcement work Enforcement first and long-term stewardship are complementary goals 9

Enforcement Resources June 2014 Edition of The Revitalization Handbook - Revitalizing Contaminated Lands: Addressing Liability Concerns Cleanup Policy and Guidance, Models, and Publications guidance-and-publications#cleanup Fact Sheet: The Benefits of Integrating Reuse to Achieve Enforcement and Environmental Protection Goals enforcement-and-environmental-protection 10

For More Information, Contact: Hollis Luzecky U.S. EPA, Office of Site Remediation Enforcement 11