Energy and Environment MonitorIn October, 2008, EPA published its Petroleum Brownfields Action Plan: Promoting Revitalization and Sustainability. The Plan is based upon EPA’s recognition that petroleum contaminated sites present unique challenges in that they are typically small and widely dispersed and present unique problems in terms of clean-up and development.
Petroleum-contaminated properties first became eligible for Brownfields treatment in 2002 with the Small Business Liability Relief and Brownfields Revitalization Act. At that time, the law called for 25% of the funds appropriated to EPA for activities under CERCLA to be used to characterize, assess and remediate petroleum brownfields. The program is jointly managed by two EPA offices – the Office of Brownfields and Land Revitalization and the Office of Underground Storage Tanks. The barriers recognized by EPA included small site size (impacting the site’s marketability) and liability concerns associated with site redevelopment involving unique assessment and clean-up approaches for petroleum contamination. EPA listed four initiatives in the plan with action items implementing each initiative. The initiatives are as follows:
INITIATIVE 1 - Bolster Communication and Outreach to Petroleum Brownfields Stakeholders.
The action items under Initiative 1 are:
Action 1.1 To define and communicate the objectives of the petroleum brownfields program.
Action 1.2 Consolidate the resources and tools available to promote assessment clean-up and sustainable reuse of petroleum brownfields and develop on-line strategies.
· EPA plans to establish a comprehensive website to identify and promote broader use of tools and resources to support petroleum brownfields.
Action 1.3 Prepare a petroleum brownfields redevelopment options catalogue.
· This catalogue will describe examples of successful redevelopment of former petroleum-affected brownfields including sustainable or “green” cleanup and reuse strategies.
Action 1.4 Explore and promote a recognition program.
· EPA will promote an external awards program to recognize outstanding efforts in the cleanup and redevelopment of petroleum brownfields.
INITIATIVE 2 – Provide Targeted Support to State, Tribal, and Local Governments
The action items under Initiative 2 are:
Action 2.1 More clearly identify the Regional EPA representative who will serve as a point of contact within the Agency as well as to outside stakeholders.
· EPA will identify a single point of contact in each of its regions to connect stakeholders with appropriate experts and resources.
Action 2.2 Explore opportunities under EPA’s Technical Assistance to Brownfields (TAB) grants and associated consulting teams to assist local and Regional petroleum brownfields efforts.
Action 2.3 Assist state, tribal, and local governments in developing voluntary inventories of petroleum brownfields.
· EPA will develop a best practices guide to assist communities who want to develop petroleum brownfields inventories.
Action 2.4 Provide technical support for geographic initiatives.
· EPA plans to pursue a geographic pilot project similar to other pilots undertaken by Regions and states (e.g. Route 66, Historic Highway).
INITIATIVE 3 – Explore and Evaluate Policies to Facilitate Increased Petroleum Brownfields Site Revitalization
The action items under Initiative 3 are:
Action 3.1 Maximize grant flexibility and effectiveness.
· EPA will attempt to reduce the burden on petroleum brownfields grant applicants. Currently applicable criteria require that the site be relatively low risk and that there be no viable responsible party. EPA recognizes these requirements can be burdensome and it will attempt to reduce that burden consistent with statutory requirements.
Action 3.2 Seek burden reduction in the administration of the 25 percent set-aside for petroleum brownfields grants.
· EPA will attempt to minimize the administrative and paperwork burdens in applying the 25 percent petroleum set-aside at sites where there is both petroleum and non-petroleum contamination.
Action 3.3 Explore implementation of a multi-purpose grant for Brownfields.
· EPA recognizes that grants that are used for activities related to the assessment and cleanup of multiple substances would make cleanup and revitalization projects more viable. However, it also recognizes that differing statutory eligibility and cross-sharing requirements and the need to account separately for expenditures at sites with petroleum and other hazardous substances will pose a significant challenge to a multiple substances approach.
INITIATIVE 4 – Forge Partnerships to Promote Investment In and the Sustainable Reuse of Petroleum Brownfields
The action items under Initiative 4 are:
Action 4.1 Promote sustainability and sustainable practices at petroleum brownfields.
Action 4.2 Launch and support the “Petroleum Brownfields to Open Space Project” program.
· EPA proposes to collaborate with wildlife organizations, local regulators and others to promote transformation of petroleum brownfields into small pocket parks and wildlife preserves.
Action 4.3 Support the reuse of petroleum brownfields by small business owners.
· EPA will develop a partnership with the Small Business Administration to promote the reuse of petroleum brownfields.
Action 4.4 Pilot and promote more optimal petroleum brownfields cleanup techniques.
· EPA will seek a public/private partnership to explore techniques for efficiently assessing, cleaning up and monitoring petroleum impacted properties.
Action 4.5 Work with the EPA Office of Site Remediation Enforcement (OSRE) to promote the ER3 initiative.
Action 4.6 Promote petroleum property deal flow sessions.
· EPA proposes to cooperate with and provide technical assistance to non-governmental organizations that sponsor forums for presenting individual or multiple properties for potential redevelopment. EPA hopes that these sessions will build a network of petroleum property owners and potential end-users.
This article was authored by James R. Snyder, Jackson Kelly PLLC. For more information on the author see here.
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