Land Recycling Program Pennsylvania DEP Brownfields 101 Land Recycling Program Pennsylvania DEP

What is a brownfield? Open response – What do people think a brownfield really is. Solicit answers from the audience. (if no response, move to the next slide to discuss)

Definition of Brownfield "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant“ Small Business Liability Relief and Brownfields Revitalization Act, 42 USC 9601 (39), enacted January 11, 2002 EPA defines a brownfield as… (read definition) Clearly this provides a very broad definition for a brownfield site. This does not need to be the old steel mill, tannery, electroplater or dry-cleaner that we typically picture. The half-demolished building, “toxic waste” drums, moon suits, and so on. This can be as basic as A former textile mill, a warehouse, strip mall A well maintained distribution center How about a former school? Break down the definition by its parts: Real Property the expansion, redevelopment or reuse of may be complicated by the presence or POTENTIAL PRESENCE of a hazardous substance or pollutant The contamination DOES NOT HAVE TO BE REAL!!!

Is this a Brownfield? So, I think we can all recognize this as a brownfield.

Is this a Brownfield? And this…. The former Armstrong World Industry (Lancaster)

Is this a Brownfield? How about this? (textile mill)

Is this a Brownfield? A dry cleaners?

Is this a Brownfield? How about an electroplating facility?

Is this a Brownfield? What about a mothballed school?

Is this a Brownfield? The corner gas station? These are just somem common examples of brownfields in your community.

My Community Is this a Brownfield? Do I have one brownfield in my community? Answer – Chances are no. You do not have ONE brownfield in your town. You probably have MULTIPLE brownfields in your community. Here’s why…

What is brownfield redevelopment? What is brownfield development? What is brownfield redevelopment? Brownfields redevelopment seeks to environmentally assess existing brownfield properties, prevent further contamination, safely cleanup polluted properties, and design plans for reuse This question led to the development of brownfield or “voluntary cleanup programs” across the country in the early mid-1990s. In order to satisfactorily answer the question, we need to provide you with some of the history behind it.

Where did the term “brownfield” originate? Origin of Brownfield Where did the term “brownfield” originate? Traced to Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, or Superfund) Greenfields ≠ Brownfields Definition amended in 2002 Generically, a “greenfield” is used to reference land that had never been previously utilized (e.g. green or new), where there was no need to demolish or rebuild any existing structures. This is sometimes also referred to as “open-space”

Why do we have brownfields? History Why do we have brownfields? Energy Exploration (1800’s to present) Steel production (1870’s to 1980’s) Manufacturing (1800’s to present) Brownfields are a symptom of our industrial and economic growth. With the growth of these and other industries, we historically did not take care of or properly manage the waste products that we generated. I’m sure we are all familiar, either personally or anecdotally, with facilities that simply disposed of their wastes “out back”. But those are still the easy brownfields to identify. Consider also our history in any type of energy development – mining, refineries, oil exploration, natural gas… How about the legacy of our transportation network? Ship-building, Rail transportation, railyards… Accidents, spills, mis-managment.

The Steel Industry Steel is King The coming of mass-produced steel in the 1870s created a modern industrial society in Pennsylvania. Credit: Historical Society of Western Pennsylvania This mighty industry simply collapsed in the 1980s. The economic impact was catastrophic in Pennsylvania’s steel towns. In the years that followed many steel workers struggled to find new job and their communities struggled to reinvent themselves. And, brownfields did not necessarily result from poorly managed facilities. Some businesses and industries managed their facilities in accordance with common practices or regulations at that time. The facility does not need to be mismanaged in order for a facility to close down. Take the steel industry, for example. (see insert)

And we’re living here in Allentown… The collapse of the American steel market gave Pennsylvania and the United States the largest privately owned brownfield site – over 1,600 acres of … … “real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant”

Other types of brownfields Former gas stations Old dry cleaners Car repair facility Former military bases Power plants Manufacturing plants Aviation facilities Abandoned railroads or switching yards Foundries Do you have any of these in your communities? This is not a unique problem for a community to have. You are not alone in trying to address this issue.

How many brownfields does PA have? Number of Brownfields How many brownfields does PA have? This is a difficult question to answer. As you may presume, many property owners do not want to acknowledge that their property is a brownfield. Even today, nearly 20 years after states began to develop programs to help facilitate these cleanups, the word brownfield carries a very negative stigma. As far as the number is concerned, nationally it has been estimated that there are as many as 450,000 brownfields. If you divide that number by 50 states, then make the assumption that the eastern states have had a historically longer time for industrial development and have a higher percentage, make the assumption that Pennsylvania is part of the rust belt and has a higher percentage, consider those states individual populations…. …..you get the picture

Why do we care about brownfields? Why Brownfields? Why do we care about brownfields? Perceived or real contamination Land has economic value Access to existing infrastructure (roads, sewer) Additional tax revenue Availability of existing buildings Removes stigma of blight Reduces sprawl Ultimately, these sites are property. They represent Opportunity Jobs Growth Quality of Life

Why are brownfields challenging? The Challenge Why are brownfields challenging? Cleanup costs can be uncertain Long term liability is a concern Perception of property can be a hurdle How are you going to handle cost. DCED has a number of programs that can help you facilitate Phase I and Phase II assessments, as well as Remediation of these properties. How far you proceed with this process remains in your hands. How many of you have had developers ask for assessment information on a property that you do not have? Phase I? Phase II? These funding programs can help. We have a DCED representative here today to provide you with further information on some of these programs. But, in their most basic form, brownfields may be characterized a real estate transactions with an environmental twist. Nothing more. While it may seem difficult, if only because there is a sense of unfamiliarity. Brownfield projects are being complete across the commonwealth in communities just like yours. And, without sounding too cliché, we are here to help.

Why Risk It? Act 3 of 1995 - Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act …preempts laws imposing environmental liability on [lenders, fiduciaries and economic development agencies] in order to promote economic development So, Why Risk It? Good question. In order to protect Economic Development Agencies, Fiduciaries (typically trustees, executors, or administrator), or Lenders Act 3 was developed. In short, any EDA, fiduciary or lender that owns or hold legal interest in a property for the purposes of financing/development, will NOT be liable under environmental acts by DEP. As always, there is a caveat – if that entity has caused or exacerbated a release of regulated substances, that entity could be liable. But, this allows EDAs, municipalities, other governmental entities comfort to acquire properties, investigate and assess potential development sites without the fear of environmental liability for past contamination. This also will provide access to additional loans and GRANT FUNDING that would otherwise have been unavailable to developers. It is up to you to decide which properties you feel have the highest potential for redevelopment in your community. These will be the sites to focus upon. Knowing the potential risks of a site can only help you and a developer address potential contamination, plan for or around it and eliminate any risk. Furthermore, there have been numerous sites that have the perception of contamination, that once an assessment has been conducted, nothing is discovered and you are ready to proceed. In this case, more information is a good thing. Positioning your community for new growth by taking these first steps is the key to getting started.

PA Land Recycling Program Thank you!! PA Land Recycling Program landrecycling@pa.gov Thank you. (check to see if there is time for a few brief questions)