2. 2
MODERATOR MARY ANN GRENA MANLEY
• Deputy Editorial Director, EHS Division, Bloomberg BNA
PANELISTS:
• PATRICIA OVERMEYER
• Land Revitalization Coordinator, U.S. EPA Office of
Brownfields Cleanup and Redevelopment and Coordinator of
AAI Rulemaking
• CHARLIE BARTSCH
• Independent Strategist for Communities in Economic
Transition
• Former Senior Advisor for Economic Development to the
Assistant Administrator, U.S. EPA
• DAN FRENCH
• CEO, Brownfield Listings, LLC
PANEL
3. 3
INSIDE THE BELTWAY:
- REGULATORY UNCERTAINTY
- BUDGET UNCERTAINTY
- BIPARTISAN BROWNFIELDS LEGISLATION
- A FRIEND IN SCOTT PRUITT?
OTHER TRENDS/FACTORS TO CONSIDER:
- “DEVOLUTION” TO STATES
- INFRASTRUCTURE NEXUS
- EMPHASIS PUBLIC-PRIVATE PARTNERSHIPS
- PRIVATE INDUSTRY DRIVERS
ECONOMIC/MARKET INDICATORS:
- FAVORABLE GLOBAL TRENDS
- CONTINUED STRONG NORTH AMERICA PERFORMANCE
- PERFECT STORM FOR REDEVELOPMENT RENAISSANCE
WHAT DOES IT ALL MEAN?
4. Brownfields Revitalization: Opportunities for
Sustainable Cleanup and Reuse
Patricia Overmeyer
Office of Brownfields & Land Revitalization (OBLR)
U.S. Environmental Protection Agency
PRISM May 2017
5. EPA Brownfields Program
Competitive Grants
Assessment
Revolving Loan Fund
Cleanup
Environmental Workforce Development and Job Training
(EWDJT)
Area-Wide Planning (AWP)
Research, training, and technical assistance grants
Non-competitive Grants
State and Tribal Response Programs
Technical Assistance
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8. Benefits from EPA Brownfields
Funding
Cumulatively, the program has:
– assessed 26,405 brownfields properties,
– cleaned up 1,505 properties and
– made 5,693 properties ready for reuse
In 2016, program funding addressed 957 sites
making 7,354 acres ready for reuse by
communities.
The Brownfields Program leverages an average of
8,000 cleanup and redevelopment jobs and $1.5
billion dollars in redevelopment funding per year.
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9. Benefits from EPA
Brownfields Funding
Through fiscal year 2016, Brownfields funding leveraged
– $17.79, on average, for each EPA Brownfields dollar expended
– 7.3 jobs per $100,000 of EPA brownfields funds expended on
assessment, revolving loan fund, and cleanup cooperative
agreements
Environmental (Air and Water) Benefits of Brownfields
– Brownfield sites have greater location efficiency resulting in 32-
47% reduced vehicle miles traveled for trips associated with
these sites
Additional Benefits of Brownfields Redevelopment
– Residential property values increased by 5-15.2% once a nearby
brownfield was assessed or cleaned up
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10. EPA Data Bases
CERCLIS being replaced with SEMS
(Superfund Enterprise Management System)
SEMS not yet publicly accessible
Envirofacts
Cleanups in My Community
Brownfields factsheet tool
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11. AAI Requirements
The AAI regulation at 40 CFR 312.20(e) and 312.26
requires:
– a search of government data bases for information on
environmental conditions at the subject property and
adjoining properties.
With the exception of CERCLIS, no specific data
bases are mentioned in the regulation.
– Section 312.26 (e) – requires a review of “CERCLIS
records.”
The regulation provides that government records must
be:
– reviewed “for the purposes of achieving the
objectives and performance factors of 312.20(e) and
(f).”
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12. Available EPA Databases
Envirofacts
Envirofacts allows a user to search for these sites using any combination of the following
address information: zip code, site address, city, county, and state.
NPL sites (both current and delisted ones),
non-NPL Superfund sites, and
RCRA sites (generators, TSDs, and sites subject to corrective action)
(see https://www3.epa.gov/enviro/).
Cleanups in My Community (CIMC)
CIMC allows you to search for sites using a variety of locational filters; if you use a street
address, it also allows you to define a radius within which to display sites
NPL sites (both current and delisted)
RCRA sites subject to corrective action
Brownfield sites that received EPA Brownfields grants.
See https://www.epa.gov/cleanups/cleanups-my-community)..
Information previously found on ERNS can be found at http://www.rtk.net/erns/search.php.
Brownfields sites that received EPA grant funding: https://cfpub.epa.gov/bf_factsheets/
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13. CERCLA DATA
SEMS / Superfund information on EPA’s website:
Currently updated information is limited to the Site Profile Pages
and the updates on the various sites (e.g., NPL listing) which are
posted on pages under the Superfund link:
Superfund general: https://www.epa.gov/superfund
NPL Sites where you live: https://www.epa.gov/superfund/search-
superfund-sites-where-you-live
Data and reports: https://www.epa.gov/superfund/superfund-data-and-
reports
The first data set pulled from SEMS (the equivalent to the
legacy CERCLIS data set) has not been posted yet. EPA
Regions are currently reviewing data for their regions. The
plan is to pull and post a data set in early May.
When posted, the data set should be very similar to previous
CERCLIS information with the exception that EPA will not be
posting financial data any longer.
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14. Status of ASTM E2247-16
ASTM International updated the Phase I
Forestland Standard (E2247)at the end of 2016
EPA developed and the Assistant Administrator
signed a Direct Final Rule recognizing the updated
standard as compliant with AAI in early January.
The Federal Register had not published it yet on
January 20, and therefore returned the rule to the
agency.
Now awaiting approval and re-signature by new
administration.
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16. BROWNFIELDS
UNDER TRUMP:
What the New Administration
Means for the Future of Site
Cleanup and Redevelopment
Charlie Bartsch
Senior Strategist for Communities in Economic Transition
Immediate Past Economic Development Adviser to Assistant
Administrator, US EPA
PRISM – May 2, 2017
charliebartsch@gmail.com
17. What could impact contaminated
property/sustainable re-development
transactions? What concerns practitioners now?
• Regulatory uncertainty
– Rule roll-backs, anticipated legal challenges
• Availability of federal redevelopment investment
funding and incentives
– Trump proposals v. Congressional reality
– What sure things still exist?
• Potential Congressional brownfield action
• What environmental steps is the private sector taking?
The Trump Brownfield
Redevelopment Climate:
18. FY 2018 Trump “Skinny Budget” Proposals –
Programs that have Supported Brownfield
Redevelopment• HUD/CDBG -- $0
– FY17 -- $3 billion
• DOC/EDA -- $0
– FY17 -- $221 million
• DOC/MEP -- $0
– FY17 -- $124 million
• Appalachian Regional Commission -- $0
– FY17 -- $120 million
• DOT/TIGER grants -- $0
– FY17 -- $499 million
• DOE/EERE/national labs – limited early stage support only
– FY17 -- $2 billion
19. FY 2018 Trump “Skinny Budget”
Funding Proposals for EPA
Initial EPA proposal to OMB
• 25% cut, from $8.2 billion to $6.1 billion
Pass back from OMB, per Trump FY18 proposal
• 31% cut ($2.5 billion), from $8.2 billion to $5.7 billion
• Staffing reduced by 3,200 FTEs, to approximately 12,000
– For Brownfields – 1/3 of HQ, nearly all regional staff
• Focus on “core legal requirements”
• Reduce/eliminate regulations
• Devolve regional/non-core functions to states
– Would de facto shift much brownfield investment, oversight to
states/localities
20. FY 2018 Trump “Skinny Budget” Funding
Proposals for EPASpecifics that we have so far –
• Cuts
– Brownfields project grants by $5 million (to $75 million)
– Brownfields state/tribal support, by $13.9 million (to $33.8 million)
– Superfund by $330 million (to $462 million)
– Office of Research and Development by 42%
– Categorical grants to states by $482 million (to $597 million)
• Eliminates
– Region-specific programs (Great Lakes, Chesapeake)
– Funding for climate programs ($100 million)
– More than 50 other programs (including EJ)
• Internal agency actions
– Offering early retirements/buyouts
– Identifying regional offices for consolidation/elimination
21. V.
FY 2018 appropriations and budget process –
• Building blocks for brownfield redevelopment/
financing partnerships?
• Or a potential train wreck this year?
Detailed Trump Administration budget
request expected mid/late May,
Congressional action underway
22. What EPA/Trump Administration CAN Do
– Without Congressional Concurrence
• Leave political positions unfilled
– Reserve decision-making to Administrator’s office
• Change enforcement priorities
– Enforcement discretion is reserved to the Executive branch
• Modify guidance documents, NOFAs
– Shift/eliminate current priorities (i.e., brownfields Area-Wide
Planning, sustainable communities, renewable energy)
• Internal administrative actions
– Reassign/re-align staff within offices
(brownfields/climate/enforcement)
– Offer early retirements/buyouts
– Close/consolidate regional offices
23. Making the brownfield/redevelopment fit
NOW – What public tools can we count on
for leverage?
Federal tools in place for sure…tax incentives
Historic Rehabilitation Tax Credits
• Permanently authorized; no cap or aggregate limit
New Markets Tax Credits
• $7.5 billion allocated Nov. 2016
• $3.5 billion authorized annually thru 2019
Low-income Housing Tax Credits
• Permanently authorized; $3.5 billion/year
24. Congressional interest/action in brownfields:
2017 so farHouse E&C Environment Subcomm.
Brownfield “discussion draft” hearing – April 4
• Petroleum brownfield enhancement
• Clarifies leaseholder interests
• Expands non-profit eligibility
• Increases cleanup grants (to $500,000)
• Allows $1 million multi-purpose grants
• Redevelopment certainty for governmental entities
• Allows 5% administrative costs
• Leaves undetermined – authorization levels
House T&I Comm. hearing, 2 bills introduced on March 28
• HR 1758 – Brownfield Reauthorization Act
• HR 1747 – Brownfield Authorization Increase Act
Both would make similar changes to existing program; HR 1747
increases funding levels for programs, overall
Senate bipartisan BUILD Act introduced on April 4
• S 822 – includes most of above, plus small community t.a. grants, clean
energy project grants
• Maintains funding at existing levels
25. Pro-environment
private sector
actions
Manufacturing and
Brownfields – experiences
from the 24 IMCP designated community consortia
• At least 1/2 have targeted brownfields for new
manufacturing investment, including:
Portland ME (food processing)
Pacific Northwest (cross-laminated timber)
Central Tennessee (auto suppliers);
Milwaukee (water-focused products)
Ohio SOAR (aerospace)
26. Pro-environment private
sector actions
Manufacturing and Sustainable
Materials Management (SMM) –
experiences from the 24 IMCP designated community
consortia
• 1/3 have integrated SMM strategies, including:
Puget Sound WA (aerospace)
Northwest Georgia (carpet manufacturing)
Central Utah (composite materials)
Madison WI (food processing)
Key linkage for brownfield reuse and SMM –
introducing new cost-saving, environmentally
advantageous technologies to production processes
27. Why Continue Brownfield
Redevelopment Support?
Rationale for the new regime…
• Bringing jobs back to communities
that have suffered losses – focus on
brownfields/legacy sites
• Making brownfields part of infrastructure
investments
• Integrating brownfields into manufacturing
growth strategies – focus on brownfields/legacy
sites
28. So – What’s next in this volatile
climate for brownfields?
“Fasten your seatbelts…
it’s going to be a bumpy ride”
Key take-aways TODAY:
• Public-private partnerships will be key, and this is the
time to develop new ones that fit with current trends
• Think creatively about ways to integrate “brownfields”
into new areas – make it the center of your
new “Venn diagram” of redevelopment
29. For additional examples and
information….
Contact Charlie Bartsch at my
new coordinates
Charliebartsch@gmail.com
(202) 997-4449
30. North America is Winning
the New Normal• North America has the best of everything you’d want to compete in the 21st
century global economy.
• U.S. is outperforming the rest of the world post 2008 pivot.
• World returning to the 400+ year baseline of North American economic
outperformance powered by physical advantage.
• Resource abundance wins in competitions of scarce resources.
• History rhymes and repeats… and so we’re breaking records… again.
dan@BrownfieldListings.com
