1. Estimating the Costs of Implementing Institutional Controls Brownfields 2009 New Orleans November 17, 2009 John Pendergrass

2. Background Institutional Controls (ICs): administrative or legal controls that help minimize the potential for human exposure to contamination or protect the integrity of a remedy EPA and State Policies recognize the importance of early planning for institutional controls Coordination of cleanup, redevelopment, and ICs is critical and becoming common

3. Objectives of Institutional Controls Operate for as long as contamination remains hazardous Minimize human exposure Minimize environmental exposure Provide information to people to enable them to decide about activities at site Maintain information about contamination for future reevaluation of risk

4. Objectives of ICs cont’d Be effective even for those who ignore warnings, violate laws, or do not comply with other requirements

5. What Are ICs? Land use controls –Zoning –Building permits Proprietary controls –Environmental covenants (Uniform Environmental Covenants Act) –Other forms of property law restrictions on use of land Informational tools –Deed notice –Public advisories –Public records

6. What Will I be Doing? Initial Activities –Establishing systems and policies –Assign and train staff Regular Ongoing Activities –Monitoring Episodic Activities –Respond to changes (ownership, use) –Respond when monitoring reveals a potential problem

7. What is it Going to Cost? Spreadsheet for estimating costs Focused on brownfields Local Governments Should be adaptable for other sites and for states or others with IC responsibilities

8. Overview of Spreadsheet Programmatic costs –Costs of establishing and running an IC program –Some hardware and software costs Site-specific costs –Preliminary –Planning –Public Information –Record Keeping Systems –Administration and Funding –Monitoring and Inspection –Enforcement.

9. Programmatic Period (# of Years ICs Required) 10 (default) Preliminary Rate ($)Initial Cost ($)Annual Cost ($) Periodic Cost ($) Total Cost Net present value (deals with costs spread over time)

10. Preliminary Attorney time for review of documents Hours x = $ Time for developing local ordinances and laws Hoursx = $ Time for developing adaptive policies and procedures for ICs Hours x = $ Time for identifying state or tribal response program authorities, inventory, etcHours x = $ Time to delineate roles/responsibilities for ICs among public and private parties Hoursx = $ Time for developing plans for natural disasters Hours x = $

11. Planning Time for creating checklist of concerns Hours x = $ Time for developing a plan for ICs and LTS activities, including funding for activities Hours x = $ Time for coordinating IC with master plan, zoning, and building permit programs Hours x = $ Time for annual review and update of plan (regular review for effectiveness) Hours x = $ Time for revising the plan as needed given the circumstances (law change, etc) Hours x = $

12. Site-Specific Costs Site Name Document Preparer Site Location (APN, tax acct #, or lot #) Lat/Long or Polygon Period (# of Years ICs Required)10 (default) State/Tribal Response Program Date of Preparation

13. Preliminary Staff and attorney time for establishing the ICs, reviewing title, curing title defects, etc Hours x = $ Time for obtaining financial assurances to regulators/responsible parties Hours x = $ Time for developing site specific guidance documents Hours x = $ Time for developing plans for natural disasters Hours x = $

14. Monitoring and Inspection Time for determining what monitoring data will be collected and how to record it Hours x = $ Time to set up monitoring/inspection & integrate it with other government functions Hours x = $ Time for assigning responsibility for monitoring and inspection Hours x = $ Time for planning inspection activities and training inspectors Hours x = $ Time for installing on-site monitoring equipment Hours x = $

15. Further Information Estimating the Costs of Institutional Controls and other brownfields and IC publications of ELI www.eli.org www.brownfieldscenter.org

16. Further Information Environmental Law Institute: www.eli.org John Pendergrass: pendergrass@eli.orgpendergrass@eli.org (202) 939-3846 Ann Carroll Office of Brownfields & Land Revitalization US EPA carroll.ann@epa.gov (202) 566-2748