1. Brownfields 20041 Getting It Done RCRA Liability Tools Brownfields Conference 2004 Susan Bromm, Director Office of Site Remediation Enforcement

2. Brownfields 20042  Parceling portions of a RCRA “Facility”  Comfort/Status Letters  Prospective Purchaser Agreements (PPAs)  Corrective Action Completion Determinations  Ready-for-Use Determinations  Green Building SEPs The RCRA Tool Box

3. Brownfields 20043 Parceling  Legally separate a parcel of property from the larger RCRA facility  Can be accomplished by sale, lease, or donation

4. Brownfields 20044 Parceling - Guiding Principles  Can encourage cleanup  May result in land revitalization and reuse  Identified party responsible for cleanup  Can produce resources to help pay for cleanup  Facility and fact specific which allows for flexibility and innovation

5. Brownfields 20045 Comfort/Status Letters  Informational letter can facilitate reuse  Explains EPA’s intent to exercise its RCRA corrective action authorities at a property  Based upon current information  Several states, including Missouri, indicated in an ASTSWMO survey that an EPA comfort/status letter was instrumental in several brownfields redevelopment projects

6. Brownfields 20046 BP Wood River Redevelopment is occurring just across the Mississippi River at the BP Amoco plant in Wood River, IL.  Parceled out portions of a 600 acre RCRA facility to allow for their reuse and redevelopment  Comfort/status letters helped make the deal happen

7. Brownfields 20047 RCRA PPAs  Transferred the successes we’ve learned in the Superfund program to RCRA  PPAs help in redevelopment by providing a covenant not to sue in exchange for specified benefit to community, the environment, or government

8. Brownfields 20048 Factors to consider for a RCRA PPA  Other mechanisms already considered  Facilitates cleanup of site  Prior involvement by EPA  Significant benefits to be provided  Limited owner resources  EPA/DOJ resource availability

9. Brownfields 20049 BKK Landfill – RCRA PPA

10. Brownfields 200410 The BKK Landfill RCRA PPA

11. Brownfields 200411 New Tools – Green Building SEPs  Supplemental Environmental Projects: “Green Building on Contaminated Properties” issued July 2004  Violations may arise under a variety of statutes  SEP will generally take place on property in the same community where the violations occurred

12. Brownfields 200412 New Tools – Ready for Use Determinations  An environmental status report  Affirmative statement that all or a portion of a contaminated property can support specific types of use  Use is protective of human health and the environment

13. Brownfields 200413 Visit OECA’s Website to find out more about these redevelopment tools! www.epa.gov/enforcement/brownfields