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Snapshot of the Canadian Brownfields Programs

As reported by Don Proctor in The Daily Commercial News, the federal government has an important role to play in supporting brownfield development, suggests a recent report authored by third-year undergraduate Ryerson University students working on behalf of the Canadian Brownfields Network (CBN).

“There is a sense among industry professionals and academics that the industry as a whole has not progressed as much as it should,” said one of the students, David Sturgeon, at the CBN’s annual conference held recently at the downtown Toronto university campus.

Map of Brownfield Sites in Regina, Saskatchewan

The students conducted a broad snapshot of federal brownfield programs, highlighting cleanup and best practices.

Sturgeon said the student team organized a three-tier rating scoresheet for each province’s progress on brownfields. B.C., Ontario and Quebec got the highest marks. Quebec is a leader because of its incentives-based cleanup programs. One initiative offers 70 per cent funding for onsite remediation work.

Quebec also has an accessible and up-to-date brownfield site inventory, which is a step ahead of other provinces, Sturgeon told delegates.

While the country’s three most populous provinces scored high, the students ranked Alberta lower down, closer to the middle tier.

“It (the Alberta government) has made quite a bit of progress towards cleanup in the last couple of decades,” Sturgeon said. “But where they struggle is helping developers to act sooner than later on idle or vacant contaminated sites.”

The student team was led by Chris De Sousa, the vice-president of the CBN and a professor at the School of Urban and Regional Planning at Ryerson University. De Sousa said the study compiled extensive information on brownfields from federal, provincial and territorial governments. Also reviewed were provincial stakeholder groups and comparisons were made with the U.S. and the United Kingdom.

Reanne Ridsdale, a Ryerson PhD student, conducted research into actual practice versus the objectives outlined in the National Round Table on the Environment and the Economy (NRTEE), founded in the late 1980s. For a survey of about 6,500 brownfield remediated sites across Canada, Ridsdale polled 80 participants, including environmental consultants, government officials, several lawyers and financiers.

Eighty-five per cent of those polled said brownfields were a medium to high priority in their organization.

She said 59 of the 80 respondents indicated Canada would benefit from a national fund for brownfield redevelopment. The top three developmental barriers indicated by respondents deal with remediation costs and lack of information available on site conditions, Ridsdale said.

The survey also supported the CBN as a national organization but some respondents were negative because the CBN does not receive federal funding so its scope is limited.

“We are a little bit eastern-centric,” which is probably because of the lack of funding, Ridsdale told delegates, adding the survey results will be published as part of a white paper this summer.

Angus Ross, chairman of L and A Concepts, chaired two government task forces on brownfields, including one that created the National Brownfield Redevelopment Strategy for Canada in 2003. The findings were not the last word on brownfields “but they did a tremendous job in kickstarting the entire brownfield file in Canada,” he said.

Ross, who was appointed by the federal government in 1996 to head the NRTEE and in 2004 to chair the CBN’s advisory panel, said brownfields became “a household word” in the early 2000s through media reports on the NRTEE.

“We got very immediate provincial and municipal buy-in,” he told delegates at the conference.

Hamilton Waterfront

Brownfields Road Map (U.S. EPA, 2018)

Prepared by the U.S. Environmental Protection Agency (U.S. EPA) Office of Land and Emergency Management, The Brownfields Road Map 6th Edition breaks down Brownfields site investigation and cleanup into an easy to understand, step-by-step process that provides valuable and up-to-date information to a wide range of Brownfields stakeholders involved in or affected by the redevelopment of Brownfields sites. It introduces readers to a range of considerations and activities, and provides links to online technical resources and tools.

The first edition of the Road Map, published in 1997, provided a broad overview of the U.S. EPA Brownfields Program and an outline of the steps involved in the cleanup of a Brownfields site. Designed primarily for stakeholders who were unfamiliar with the elements of cleaning up a Brownfields site, the Road Map built awareness of the advantages offered by innovative technologies. As the EPA Brownfields Program
matured, the second (1999), third (2001), and fourth (2005) editions were published to update information and resources associated with the program, innovative technologies, and emerging best practices. The fifth edition, published in 2012, streamlined the publication to make it more accessible to users, providing additional resources covering new technology applications and methods.

This edition builds off the streamlined approach of the fifth edition, providing updated content and guidance on the Brownfields remediation process. New features include an updated list of “Spotlights,” highlighting and describing key issues. This edition provides updated information on Brownfields funding and best management practices (BMPs), with guidance on how to incorporate greener cleanups and new standards into the cleanup process.

This edition of the Road Map will help:

  • New and less experienced stakeholders. The Road Map will help these users learn about the technical aspects of Brownfields by introducing general concepts and methods for site investigation and cleanup.
  • Decision-makers who are familiar with the EPA Brownfields Program but are also interested in obtaining more detailed information. The Road Map provides these users with up-to-date information about the applicability of technologies and access to the latest resources that can assist them in making technology decisions. In addition, it highlights BMPs that have emerged in recent years.
  • Community members. The Road Map helps to encourage community members to participate in the decision making process by providing information about the general site cleanup process and tools and alternatives to site cleanup, as well as guidelines and mechanisms to promote community involvement.
  • Tribal leaders. The Road Map offers information on technical and financial assistance specific to tribes for implementing cleanup and restoration activities on tribal lands, as well as successful remediation examples highlighting the potential community restoration opportunities associated with Section 128(a) Response Program funding.
  • Stakeholders who hire or oversee site cleanup professionals. The Road Map includes information to help stakeholders coordinate with many different cleanup practitioners, such as environmental professionals, cleanup service providers, technology vendors or staff of analytical laboratories. The Road Map provides these stakeholders with a detailed understanding of each phase in a typical Brownfields site cleanup and presents information about the roles that environmental practitioners play in the process.
  • Regulators. The Road Map will increase the understanding by regulatory personnel of site characterization and cleanup technologies and approaches. The Road Map also serves as a resource that regulators can use to provide site owners, service providers and other stakeholders with useful information about the EPA Brownfields Program. The Road Map also provides links and pointers to additional information on specific technologies, approaches, and issues.
  • Other potential Brownfields stakeholders. The Road Map helps other stakeholders, such as financial institutions and insurance agencies, by providing information for their use in assessing and minimizing financial risks associated with Brownfields redevelopment.

The Road Map draws on the EPA’s experiences with Brownfields sites, as well as Superfund sites, corrective action sites under the Resource Conservation and Recovery Act (RCRA), and underground storage tank (UST) sites to provide technical information useful to Brownfield stakeholders. Specific conditions—such as the nature and extent of contamination, the proposed reuses of the property, the financial resources available, and the level of support from neighboring communities—vary from site to site. Readers of the Road Map are encouraged to explore opportunities to use the BMPs described in the following pages in accordance with applicable regulatory program requirements. The use of BMPs and site characterization and cleanup technologies may require site specific decisions to be made with input from state, tribal, and/or local regulators and other oversight bodies.

 

Tracking brownfield redevelopment outcomes using Ontario’s RSCs

By David Nguyen, staff writer, Hazmat Management Magazine

GeoEnviroPro’s latest webinar event featured Dr. Christopher De Sousa, a professor and director of the School of Urban and Regional Planning at Ryerson University.  He spoke about his research using record of site conditions (RSCs) to track brownfield developments in Ontario.

Christopher De Sousa.BA, MScPL, PhD (Associate Professor, Ryerson University)

A RSC is typically filed on the Environmental Site Registry with the Ontario Ministry of the Environment and Climate Change (MOECC) after property has undergone a Phase I, and often a Phase II Environmental Site Assessment (ESA) and the property is undergoing a zoning change to a more sensitive land use (i.e., industrial to residential).  A record of site condition summarizes the environmental condition of a property, based on the completion of ESAs.

De Sousa’s research focussed on the effects of the RCS legislation since its introduction in 2004, focussing on the scale and value of projects using RSCs from 2004 to 2015 (noting the revisions to the RSC legislation in 2011).  Property Assessments and Tax information was used to determine the nature of the developments that have occurred on brownfields.  Private sector stakeholders were interviewed to determine the factors that influence private sectors to develop on brownfields.

The research showed that from 2004 – 2015, 31% of RSCs were filed for Toronto properties.  However, the cities with the greatest total area redeveloped (based on RSC filings) were Brampton and Vaughn, with Toronto having the third largest total area redeveloped. With the exception of Ottawa, projects requiring RSCs occurred primarily in the greater Toronto and Hamilton area.

Of the RSCs filed from 2004 – 2015, 24% consisted of only Phase I environmental site assessments (ESA), 69% consisted of a generic Phase I and II ESAs, and 7% used a Phase I and II ESA combined with a site specific risk assessment.

With land use changes, the most common previous land use was commercial (36.8%) followed by industrial (22.3%) and the most common intended land use was residential (67.5%) followed by commercial (14.9%).

Toronto’s development focussed on residential projects located near major transit and roadways (85.6% of which being condos).  Smaller municipalities like Waterloo and Kingston also primarily developed residential properties (31% and 58%, respectively).  De Sousa notes that provincial growth plans and community improvement plans can help municipalities be more proactive in housing and economic development goals.

From a private sector perspective, the main motivations for brownfield developments are based on real estate factors (profit, market, locations), with barriers being costs, liabilities, and time (in project reviews and approvals).

Facilitation strategies that governments can utilize involve financial and regulatory changes, particularly in more effective and efficient processes and tools in high priority areas, with perhaps more government intervening regulations in secondary/ weaker markets to encourage development of brownfields vs. greenfields.

Toronto’s Port Lands feature numerous brownfields sites, image by Marcus Mitanis

Canadian National Brownfield Summit – June 13th 2018

Learning from the Past; Charting the Future
Attend Canada’s First Brownfield Summit, hosted by CBN

CBN is pleased to host the first-ever Brownfield Summit as this year’s edition of our annual conference. Join us in
Toronto June 13. The summit will feature:

  • Our popular Cross-country Check-up: a session on recent regulatory changes and an opportunity to learn about new initiatives from our panel of regulators
  • Legal Update: case law shapes our practice as brownfielders. This session will feature presentations on the most recent court cases affecting brownfields
  • Emerging Technology: focused presentations on the technological trends that will affect your brownfield practice today and in the future
  • NRTEE +15: the cornerstone of the Summit. Revisit the 2003 National Round Table on the Environment and the Economy (NRTEE) report as we find out what has worked, what still needs to be done, and what challenges are emerging. Then, join us in a discussion and determination of the brownfield agenda for the next few years

This will be a working event, so be prepared – bring the knowledge you’ve gained as a brownfield practitioner and your insights into brownfield redevelopment/reuse, roll up your sleeves and set the stage for the future of brownfields in Canada!

Register Today!

Contaminated sites could pose issue for Saskatoon’s transit plan

As reported in the Phil Tank in the Saskatoon Star Phoenix, the city of Saskatoon has tested the soil at several locations where transit stations are planned for the bus rapid transit (BRT) system. The results of the tests will not be known until later this month, but Mayor Charlie Clark says contaminated sites, like former gas stations, pose a big issue for Canadian cities.

The testing took place along the proposed BRT red line, which is expected to run on 22nd Street on the west side of the river and on Eighth Street on the east side.

“Brownfields (contaminated sites) along some of these major streets are a real problem,” Clark told reporters Tuesday at city hall. “We have a lot of gas stations that have been abandoned, left there and the owners are just sitting on them and not allowing them to be sold and redeveloped.”

The CP railway crossing on 22nd Street, one of the main routes of the BRT system. (Google Maps)

Clark, who was promoting an event to gather residents’ input on the city’s various growth plans, said he would like to see clearer rules from the province and the federal government on contaminated sites.

The City of Saskatoon has limited tools to force sites to be sold or redeveloped or to compel owners to clean up contamination, he said.

“We frankly don’t think the taxpayers of Saskatoon should have to pay to clean up contaminated sites where somebody was operating a gas station or a fuel distribution site for many years, generating a profit off of it, and then leaving it as a barren and wasted piece of land,” Clark said.

The city’s brownfield renewal strategy is among a number of different planks in its overall growth strategy, which was featured at a community open house in early March.

Brownfield Renewal Strategy

Saskatoon’s Brownfield Renewal Srategy (“BRS”) states that abandoned, vacant, derelict, underutilized properties shouldn’t stop revitalization.  The strategy supports redevelopment of brownfield sites to maximize their potential and revitalize the main transportation corridors within the City.  The goal of the BRS is to create environmental guidance manuals, provide advisory services, and implement incentive programs to encourage brownfield redevelopment.

The City of Saskatoon sees the BRS as requirement for achieving the City’s target of achieving 50% growth through infill.

The BRS will create a suite of tools and programs designed to assist prospective developers and property owners with the environmental requirements associated with impacted and potentially impacted brownfields.

Mayor Clark noted Saskatoon and its surrounding region has been identified as the fastest growing metropolitan area in Canada, with 250,000 additional residents anticipated in the next few decades.

Lesley Anderson, the director of planning and development with the City of Saskatoon, talks renewal strategy

Applied research is reclaiming contaminated urban industrial sites

As reported by Cody McKay in the Vancouver Sun, there is outstanding discovery research occurring at universities across Canada. Unfortunately, a significant proportion of this research doesn’t translate into commercial application.  Consecutive Canadian governments have attempted to tackle this challenge, focusing research dollars on particular aspects of the research-innovation ecosystem.  This has left those not in the funding limelight to cry protest, plead neglect or worse, be under-valued.  Yet the reality is that we need to support all types of research.

Canada needs researchers devoted to fundamental science, but also those who can take existing research knowledge and apply it to solve an identified challenge for society or for industry.

Enter collaborations with applied research.  And a Canadian-made solution.

There are tens of thousands of brownfield sites scattered across Canada — many of them in urban locations. “Brownfields” are those abandoned industrial sites, such as old gas stations, that can’t be redeveloped because of the presence of hazardous substances, pollutants or contaminants in the soil. As a result, they remain empty, barren eyesores for communities, financial drains for their landowners who can’t repurpose the land and environmental liabilities for future generations.

Over the past decade, a collaboration between Federated Co-operatives Limited, a Western Canada energy solutions company which owns a number of brownfield sites, and the University of Saskatchewan (U of S) developed a variety of methods to stimulate the bacteria in the soil to consume the petroleum-based contaminants more rapidly.

This U of S remediation method is faster than the natural attenuation process, which can take decades.  The U of S method has the potential to remediate a contaminated site in a northern climate in only a few months.  It is also less invasive and potentially more cost-effective than the “dig-and-dump” approach that is popular in some regions of Canada.  “Dig-and-dump” refers to excavating all the contaminated soil at site, transporting it to a landfill for disposal, and filling in the excavation with clean fill.  The research team provided an estimated cost savings on remediation of up to 50 percent, depending on the extent of contamination and the cost of dig-and-dump.  With an estimated 30,000 contaminated gas station sites in Canada, halving remediation costs represents a total potential savings of approximately $7.5 billion.

Collaborating with the University of Saskatchewan and Federated Co-op, and building on their earlier research, Dr. Paolo Mussone, an applied research chair in bio-industrial and chemical process engineering, and his colleagues at the Northern Alberta Institute of Technology (NAIT) Centre for Sensors and System Integration built sensors to monitor the bacteria and track how quickly the pollutants in the soil were degrading.  The team experimented with the technique and the sensors at an old fuel storage site owned by Federated Co-op in Saskatoon that had been leaking for 20 years.  They were able to use the technology to monitor the bacteria’s consumption and adjust the stimuli that increased this consumption in real time.

This applied research significantly shortened the time it took to clean the site, and only a few years later, the land is now home to a commercial retail space.

Dr. Mussone’s work is focused on building prototypes that use emerging nano- and biotechnologies.  The goal of this applied research is to help the energy sector improve operational efficiencies, reduce emissions and accelerate environmental remediation.  So where some would see the scars of industrial activity on the landscape, Dr. Mussone sees an opportunity to put his research into action.

Eventually, Dr. Mussone hopes to see the technology applied across Western Canada, where similar sites continue to hinder community-building efforts.

The science research undertaken by the University of Saskatchewan and Federated Co-op, and the collaborative applied research undertaken by NAIT, has led to a sustainable, commercial solution. Polytechnic institutions excel at this type of research translation.

Sometimes it is far too easy the federal government to forget about the impact of research, only focusing instead on the supply for new science dollars.  Across the country, universities, polytechnics and community colleges are each undertaking research that could have immediate impact, or future benefit.

Rather than pitting these fundamentally different models of research against one another, Canadians should celebrate the diversity of strengths that exist in our country.

Canada has excellent applied research opportunities that can be harnessed for economic impact.  Recognizing and supporting all types of research, and more significantly, fostering research collaboration amongst institutions with different research mandates and missions, is the surest and most positive way to build a sustainable science and innovation ecosystem for Canada.

Reclaiming contaminated land is NAIT Applied Research Chair Dr. Paolo Mussone’s mission

 

 

 

 

 

Canadian Brownfields Survey

The Canadian Brownfields Network (CBN), in conjunction with Ryerson University is conducting a survey on the perceptions of progress on recommendations that the National Roundtable on the Environment & Economy (NRTEE) released in 2003.

The CBN is most interested in knowing if persons involved in brownfield redevelopment feel if progress has been made on the NRTEE’s recommendations.

CBN and Ryerson have developed a survey for NRTEE +15 – have your say: https://survey.ryerson.ca:443/s?s=6603survey.ryerson.ca/s?s=6603 . Survey results will form the basis of discussion at our 2018 Conference June 13. Please participate!

Possible benefits of participating in this study include that we aim to identify methods for increasing brownfields redevelopment activity in Canada, and encourage more involvement in brownfield redevelopment through comprehensive understanding of existing plans and policies.

City of Welland, Ontario and Brownfields Development

As reported in the Welland Tribune, Welland, Ontario is on top of the heap when it comes to incentivizing its brownfield community improvement programs and has success stories it can share and build off of, a consultant told city council this week.

Luciana Piccioni, president of RCI Consulting, was before council Tuesday night to talk about Welland’s draft brownfield community improvement program, an 11-year-old document in need of a review and update.

Piccioni went through four programs the city currently has in place — an environmental site assessment grant program (ESA), brownfields tax assistance program (TAP), brownfields rehabilitation grant program (TIG), and brownfields planning and building permit fees refund program — and what needed to be updated and changed with each.

“Overall, with the exception of the rehabilitation grant program, Welland’s brownfield incentive programs are still competitive. Welland is one of only a few municipalities in Ontario that offers both a development charge reduction and a TIG for brownfield redevelopment projects,” Piccioni said.

He said it’s one thing that sets the municipality apart from others in the province.

Former Atlas Steel Plant in Welland Ontario

As RCI began to update the brownfield community improvement programs, a half-dozen key stakeholders in the development industry and brownfield developers were invited to a workshop.

“That went very well … and we brought back revisions to them and they were very supportive.”

Piccioni said the stakeholders had positive responses about applying for incentive programs and said city staff were recognized as being responsive and good to work with.

The stakeholders also said the city has an open for business and co-operative mindset, but suggested increasing dedicated city staff resources to help speed up the application process.

Comments about Niagara Region with respect to the handling of brownfield and other CIP incentive programs applications were less than positive, Piccioni told council.

Stakeholders also suggested the city increase its flexibility when it comes to interpreting program requirements, allowing for unique situations to be looked at and evaluated for possible inclusion.

It was also suggested the city consider expanding and enhancing the marketing of off of the incentive programs, success stories and long-term benefits.

“You’re starting to have those success stories now,” Piccioni said, adding he expected to have a final draft ready for council to see in April.

Council heard some of the changes being made to the plans included making it harder for people just trying to get financing for a brownfield property with no intention of developing it.

Piccioni said developers would be asked to provide a letter of intent.

“It would prove to us that they intend to redevelop the property. There would be just enough hoops to discourage the pretenders and encourage the intenders.”

As of March 2017, there were 17 applications submitted for ESA grants, the TIG and rehabilitation grants, with 15 approved, two not approved and two abandoned. The total grant amount requested was roughly $560,000.

Proposed U.S. Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

The Trump Administration released its ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites.  On the same day, the Administration released its proposed budget for Fiscal Year (FY) 2019, which called for a 23 percent cut from FY 2018 levels in the U.S. Environmental Protection Agency’s (U.S. EPA) budget.  The U.S. EPA also released its final Strategic Plan for 2018-2022, emphasizing a focus upon the agency’s core mission, cooperative federalism and the rule of law.  What does all of this mean for the redevelopment of contaminated sites in the United States?

Infrastructure Plan

 Financial Incentives

The infrastructure program would establish an Incentives Program that could be very beneficial for state and local reuse of contaminated sites.  Up to $100 billion would be set aside for the Incentives Program, which would fund a wide range of projects, including brownfields and Superfund sites, stormwater facilities, wastewater facilities, flood control, water supply, drinking water supply and transportation facilities.  The funds would be divided among the U.S. Department of Transportation (U.S. DOT), the U.S. Army Corps of Engineers and the U.S. EPA.  The infrastructure plan suggests criteria by which applications would be evaluated, with substantial weight (70 percent) being given to obtaining commitments for non-federal revenue for sustainable, long-term funding for infrastructure investments and for operations, maintenance and rehabilitation. In order to motivate performance, the grant recipient would need to enter into an infrastructures incentives agreement with the lead federal agency and to agree to achieve progress milestones. If the milestones are incomplete after two years, the agreement will be voided unless there is good cause to extend the agreement for another year. No individual state could receive more than 10 percent of the total amount available under the Incentives Program.

Additional funds would be set aside for a Rural Infrastructure Program, including funds for brownfields and land revitalization as well as stormwater and wastewater facilities, drinking water, flood risk management and water supply.  States would be required to develop a comprehensive rural infrastructure investment plan (RIIP). Some funds would also be provided for tribal infrastructure and the infrastructure needs of U.S. territories.

Superfund, Brownfield, and RCRA Sites in the U.S. (U.S. EPA, 2013)

Yet another category of funds would be set aside for the Transformative Projects Program – projects that are likely to be commercially viable but have unique technical and risk characteristics that might deter private sector investment.  Projects that could be covered by this program could fall within commercial space, transportation, clean water, drinking water, energy or broadband.  A total of $20 billion would initially be set aside for this program, with the U.S. Department of Commerce chairing the program.  Funds could be used for demonstration, project planning, capital construction, or all three.  If a project receives financial assistance for capital construction, it would be expected to enter into a value share agreement with the federal government and would be required to publish performance information upon achieving milestones and finishing the project.

The federal government would also dedicate $20 billion from existing federal credit programs, and broaden the use of Private Activity Bonds, to assist complex infrastructure projects. These sources of funding would include: the Transportation Infrastructure Finance and Innovation Act (TIFIA); Railroad Rehabilitation and Improvement Financing (RRIF); Water Infrastructure Finance and Innovation Act (WIFIA); Rural Utility Service (RUS) lending; and Private Activity Bonds (PABs).

The Administration would amend TIFIA to make loans and credit assistance available for other types of projects – such as passenger terminals, runways and related facilities at non-federal waterways and ports as well as airport projects – until FY 2028.  Similarly, the Administration is proposing to amend RRIF to cover the credit risk premium for short-line freight and passenger rail project sponsors, thereby incentivizing more project sponsors to apply for RRIF credit assistance.  It would also like to amend WIFIA (33 U.S.C. 3905) to include flood mitigation, navigation and water supply, and to eliminate the requirement that borrowers be community water supply systems.  The Administration would like to make WIFIA funds available for remediation of water quality contamination by non-liable parties.  It would remove the current spending limit of $3.2 billion, which was put in place when WIFIA was a pilot program, and would amend the restriction upon using WIFIA funds to reimburse costs incurred prior to loan closing.

Liability Relief

The Administration proposes establishing a Superfund Revolving Loan Fund and Grant Program and authorizing sites that are on the National Priorities List (NPL) to be eligible for brownfields grants.  It would amend the Small Business Liability Relief and Brownfields Revitalization Act in order to do so. This would allow non-liable parties to tap into a low-interest source of funds to perform removals, remedial design, remedial action and long-term stewardship.  The program would be targeted toward portions of NPL sites that were not related to the response action; to portions that could be parceled out from the response action site; to areas where the response action was complete but the site had not yet been delisted; or to areas where the response action was complete but the facility was still subject to a consent order or decree.

The Administration would also propose additional liability protections to states and municipalities acquiring contaminated properties in their capacity as sovereign governments by clarifying and expanding the current liability protections in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Section 101(20)(D).  These governmental entities would be eligible for grants and would be protected from liability, so long as they meet the obligations imposed upon bona fide prospective purchasers (BFPPs), including exercising appropriate care with regard to releases, so long as they did not contribute to the contamination.

The Administration would also give EPA express authority to enter into administrative settlement agreements with BFPPs or other third parties who wish to clean up and reuse contaminated Superfund sites.  This could include partial and early remedial actions.

The Administration’s infrastructure proposal would encourage greater flexibility in funding and execution requirements, as infrastructure needs should be integrated into cleanup design and implementation. Better integration would allow third-party financing and promote site reuse.

Expedited Permitting

The Administration proposed a “one agency, one decision” environmental review structure, in which a single federal lead agency would complete the environmental review within 21 months and issue either a Finding of No Significant Impact (FONSI) or Record of Decision (ROD).  The lead agency would then have another three months to issue any necessary permits, including state permits issued under federal law pursuant to a delegation of authority.  The agency would not be required to evaluate alternatives outside the scope of the agency’s authority or the applicant’s capability.

The Council on Environmental Quality (CEQ) would be directed to revise its regulations to streamline the National Environmental Policy Act (NEPA) process to increase the efficiency, predictability and transparency of environmental reviews.  The Administration would eliminate what it considers to be duplicative reviews by EPA under Section 309 of the Clean Air Act.  It would also encourage each federal agency to increase its use of categorical exclusions (CEs) and would allow any federal agency to use a CE established by another federal agency without undergoing the CE substantiation and approval process.

The Administration would also recommend amending the law to allow federal agencies to accept funds from non-federal entities to support review of permit applications and other environmental documents to expedite project delivery and defray costs.

The Administration would also make changes under the Clean Water Act to eliminate redundancy and duplication. For example, it would allow federal agencies to select nationwide permits without the need for additional Army Corps review. It would authorize the Secretary of the Army to make jurisdictional determinations under the Clean Water Act and would eliminate EPA’s ability to veto a Section 404 permit under Section 404(c). It would allow the same document to be used for actions under Sections 404 and 408 of the Clean Water Act.  The Administration would lengthen the term of a National Pollutant Discharge Elimination System (NPDES) permit from five years to 15 years and provide for automatic renewals.

Similar changes would be made under the Clean Air Act. For example, the Administration would amend the Clean Air Act so that state departments of transportation (state DOTs) and metropolitan planning organizations (MPOs) would need only to demonstrate conformity to the latest National Ambient Air Quality Standards (NAAQS), rather than to old and new standards for the same pollutant. Similarly, MPOs would be allowed to demonstrate conformity in a newly designated non-attainment area within one year after EPA has determined that the emissions budget is adequate for conformity purposes.

The Administration proposes eliminating overlapping Section 4(f) review by the U.S. Department of the Interior, U.S. Department of Agriculture and U.S. Department of Housing and Urban Development before the DOT can be authorized to use parklands or historic sites unless there is no prudent or feasible alternative. This process can add an extra 60 days to the project development review process, even when those agencies have little direct involvement in the project. Another layer of review is required under Section 106 of the National Historic Protection Act (NHPA) for historic properties that is not aided by the Fixing America’s Surface Transportation (FAST) Act. The Administration recommends that an action taken under a Section 106 agreement should not be considered a “use” under Section 4(f), therefore eliminating some duplication and delay.

The Administration would expand the NEPA assignment program to allow DOT to assign, and states to assume, a broader range of NEPA responsibilities, including project-level transportation level conformity determinations as well as determinations regarding flood plain protections and noise policies to make the NEPA assignment program more efficient.

Also proposed by the Administration is a pilot program with up to 10 pilot sites that would be expected to meet performance standards and enhanced mitigation, in lieu of complying with NEPA and relevant permits or other authorizations.

The Administration also proposed judicial reforms, including limiting injunctive relief to exceptional circumstances and revising the statute of limitations to 150 days (rather than a statute of limitations of up to six years).

Proposed Budget

The Administration also released its “Efficient, Effective, Accountable: An American Budget” on Feb. 12, 2018, in which it proposed a 23 percent cut in EPA’s budget compared to FY 2018.  The White House added $724 million to EPA’s budget in a supplemental request, including $327 million for the Superfund program and $397 million for State and Tribal Assistance Grants for Clean Water and Drinking Water State Revolving Funds (SRFs).  At the same time, the Administration proposed cuts of 16 percent in grants to states (to $2.9 billion) and proposed cuts of 35 percent in funding to state and local agencies for air quality management (to $152 million).  The Administration requested $151 million for enforcement at Superfund sites and $20 million for the WIFIA program.

U.S. EPA’s Final Strategic Plan

The FY 2018-2022 EPA Strategic Plan, also released on Feb. 12, 2018, continued to emphasize three main goals: the agency’s Core Mission, Cooperative Federalism, and the Rule of Law and Process.  Among its two-year priority goals, The U.S. EPA intends to make an additional 102 Superfund sites and 1,368 brownfields sites ready for anticipated use (RAU) by Sept. 30, 2019. The U.S. EPA intends to use a “Lean” management system designed to deliver measurable results that align with the Strategic Plan.

Objective 1.3 is particularly relevant to the issues discussed above with regard to redevelopment of brownfields and Superfund sites. Objective 1.3 is to revitalize land and prevent contamination by providing better leadership and management to properly clean up contaminated sites to revitalize and return the land back to communities.  The strategic plan identifies both strategic measures and strategies for achieving these goals. First, it announces the number of sites the agency intends to have RAU by Sept. 30, 2022:

  • 255 additional Superfund sites
  • 3,420 additional brownfield sites
  • 536 additional Resource Conservation and Recovery Act (RCRA) corrective action facilities
  • 56,000 additional leaking underground storage tank (LUST) sites meeting risk-based corrective action standards

The U.S. EPA then announced the strategies by which it intends to achieve these goals, including the use of new technologies and innovative approaches; prioritizing sites that have been on the NPL for five years or more without significant progress; and reprioritizing resources to focus on remedial actions, construction completions, ready for reuse determinations and NPL site deletions.  The U.S. EPA will award competitive grants for the assessment, cleanup and reuse of brownfields sites, and will focus on sites subject to RCRA corrective action and LUST sites.  The U.S. EPA will review more than 12,500 risk management plans (RMPs) to help prevent releases and train RMP inspectors, and it intends to update its RCRA hazardous waste regulations to protect the health of the 20 million people living within 1 mile of a hazardous waste management facility. It will also issue polychlorinated biphenyls (PCB) cleanup, storage and disposal approvals, since this work cannot be delegated to states or tribes.  The U.S. EPA acknowledged that many of the sites that remain on the NPL are large, more complex and may contain multiple areas of contamination, and may contain emerging contaminants such as per- and polyfluoroalkyl substances (PFAS).  The U.S. EPA promised to engage stakeholders at all levels in making cleanup and land revitalization decisions.

As part of Objective 3.1, compliance with the law, the U.S. EPA stated that it would continue to follow an “enforcement first” approach under CERCLA to maximize the participation of responsible parties to perform and pay for cleanups. It indicated it would focus its resources on the highest priority sites that present an immediate risk to human health and the environment, and return these sites to beneficial use as expeditiously as possible.  It will also use advanced monitoring technologies to ensure compliance and work with the Environmental Council of the States (ECOS) and state associations to modernize ways to improve compliance.

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About the Authors

Amy L. Edwards is the co-chair of the firm’s National Environmental Team, as well as its Military Housing and Installations Redevelopment Team. She is a partner in the firm’s Public Policy & Regulation Group, which has been ranked among the top law and lobbying firms in Washington, D.C., by numerous publications. Ms. Edwards has been recognized as a leading environmental lawyer for several years by Chambers USASuper Lawyers and Best Lawyers. After holding several other leadership positions, she will become the Chair of the American Bar Association’s Section of Environment, Energy and Resources (SEER), the pre-eminent national organization representing lawyers in these fields, in 2018-2019.

Nicholas Targ is a San Francisco attorney with more than 20 years of experience assisting clients in the public and private sectors efficiently achieve their land use, environmental and policy goals. He co-chairs Holland & Knight’s national environmental team. Mr. Targ’s practice focuses on complex redevelopment projects, environmental compliance and government advocacy. His representative work includes strategic legal advice on brownfields redevelopment, Superfund compliance, and state and federal grant and policy advocacy. Mr. Targ has successfully advocated for infill funding and policy initiatives on behalf of public, private and nonprofit coalition clients.

This article was first published on the Holland & Knight LLP website.

Growing Interest in Brownfield Redevelopment in Windsor

As reported in the Windsor Star, it has taken almost seven years for a municipal brownfields development incentive program to take hold in the City of Windsor, immediately across the Detroit River from the City of Detroit.

In the last several months, applications to the Brownfield Redevelopment Community Improvement (CIP) Plan have been steadily streaming in — seeking grants to help fund feasibility and soil studies, and then even more money to help pay for the pricey cleanup.

If they become realities, these developments could add up to hundreds of new residences on: the former GM Trim site on Lauzon Road; a collection of former industrial properties between Walkerville and Ford City; and most recently a large property near Tecumseh Road and Howard Avenue that for 50 years was the home of Auto Specialties, a manufacturer of malleable castings and automotive jacks for the auto industry.

Greg Atkinson, a senior planner with the city who co-ordinates the Brownfields CIP program, said it’s “awesome news” that investors are finally taking advantage of this “great incentive package.”  The reason they’re jumping aboard now, he said, is that Windsor’s land prices have risen and residential vacancy rates have declined to the point where developing these cheaper brownfield properties now make financial sense.

“But without the incentives I don’t think they would be redeveloped,” Atkinson said. “With them, they’re pushed into that realm of viability, and that’s what we’re starting to see.”

Almost 140 sites across the city have been identified as brownfield properties, covering 559 acres.

“Historically, there has been little interest in redeveloping brownfield sites due to the uncertainty surrounding the extent of contamination and the potential cost of cleanup,” says a city report that goes to the city’s planning, heritage and economic development standing committee Monday. It says one redeveloped brownfield acre saves 4.5 acres of farmland on a city’s outskirts from being developed, and that for every dollar invested in brownfield redevelopment, $3.80 is invested in the community.

An illustration cut out from an unknown trade publication/manual, circa 1940, shows the Auto Specialties Manufacturing Company (Canada) located near the northeast corner of Tecumseh Road and Howard Avenue. The plant made malleable castings for the automotive industry and also automotive jacks. Photo courtesy of the University of Windsor, Leddy Library. UNIVERSITY OF WINDSOR / WINDSOR STAR

“It’s great to see owners and developers coming forward and saying ‘We’d like to tap into this fund because we’re interested in redeveloping this site,” Mayor Drew Dilkens said of the recent flow of applications. “The more of these 140 properties we can activate, the better it will be for all of us in the City of Windsor because it provides more taxes and lowers everyone’s share.”

The most recent application is from THMC Windsor, for a $7,000 grant to pay half the cost of a feasibility study on the viability of redeveloping part of the massive parking lot behind the medical buildings at Howard and Tecumseh into a residential project. Auto Specialties operated on the 12.5-acre site from the 1920s to the 1970s.

The next grant THMC could apply for provides up to $15,000 to cover half the cost of soil and groundwater testing for possible contamination. Then if the owner decides to go ahead with cleanup, the Brownfield Rehabilitation Program compensates for the cleanup costs by effectively freezing taxes where they are (versus what they would rise to when the site’s redeveloped) for the first 10 years. There’s even a big break on development fees.

“It really does cover a lot of costs,” Atkinson said of the program.

Of the 15 applications to the program since 2010, 13 have come in the last 22 months. Grants have totalled $1.9 million, leveraging $16.9 million in private sector investment, according to the city.

The earliest and most prominent success happened at a former gas station property at Dougall Avenue and West Grand Boulevard, which was turned into a small commercial development with the help of $67,000 in city grants. The former Wickes bumper plant — now run as a big UHaul operation, also was rejuvenated thanks to $1.5 million worth of grants. A former gas station at Riverside Drive and Marentette Avenue has been cleaned up and readied for redevelopment. And earlier this year, the Sood family received study grants to redevelop the former Seagrave fire truck plant property on Walker Road into about 12 townhouses and turn 17 acres of largely vacant industrial land south of Edna Street, west of St. Luke Road and north of Richmond Street into between 200 and 250 residential units.

On Monday night, council approved grants totalling $32,000 to help pay for three feasibility and environmental studies costing $97,000 for the 60-acre former GM Trim site. The current owner Farhi Holdings has plans to redevelop the site into a commercial-residential project with about 240 residential units. 

Dilkens said there’s clearly a demand for residential development in the east side of the city where Farhi’s land is located, and replacing the derelict site with a new housing project would benefit the entire area.

But Atkinson cautioned that not all these projects end up being developed. “Sometimes, they’ll determine it’s not feasible, there’s no demand for what they’re thinking of, or they might do the sampling and find out it costs too much to clean up.”

The Walker Power Building in Windsor, Ont., summer 2015

Events

Canadian Brownie Awards – Nominations Close October 5th

Founded in 2001 by the Canadian Urban Institute, the Brownie Awards recognize the innovative efforts of professionals who rehabilitate sites that were once contaminated, under-utilized, and undeveloped by remaking them into productive residential and commercial projects that contribute to the growth of healthy communities across Canada.

NOMINATIONS ARE OPEN!

The Brownies are open to everyone in the brownfield community, and are designed to recognize excellence in projects or programs.  The nominations deadline is Friday, October 5, 2018.  A panel of judges, drawn from the industry, will determine the winners.  If you have completed, or are working on, a project that fits in one of the above categories, please consider submitting a nomination!

Download the nomination form to nominate a PROJECT or PROGRAM for a Brownie Award PDF file or a Microsoft Word file.

Download the nomination form to nominate an INDIVIDUAL for Brownfielder of the Year PDF file or a Microsoft Word file.

Instructions: Download the nomination form and save it to your computer. Complete the fillable form and save the file. Send your completed nomination form as an email attachment to David Petrie at Canadian Brownfields Network at davidp@canadianbrownfieldsnetwork.ca, along with your supporting documentation as outlined in the form.

Project Categories:

There are six categories for project nominations for the Brownie Awards.

You are welcome to submit the same project to multiple categories for consideration.

REPROGRAM:
Legislation, Policy & Program Initiatives

Projects or programs that:

  • Remove barriers and/or facilitate brownfield redevelopment, reinvestment and regeneration
  • Provide models of excellence that can be applied or replicated by provincial, regional or municipal governments
  • Stimulate new investment or facilitate collaborative partnerships to implement vision for intensification and improved ROI for public funds

REMEDIATE:
Sustainable Remediation & Technological Innovation

Projects or programs that:

  • Demonstrate leadership and innovation in environmental soil remediation
  • Promote economic in-situ solutions that avoid broader environmental impacts
  • Incorporate ecological principles through pilots designed to go mainstream
  • Encourage use of innovative, cost-effective technologies that shift perceptions in the marketplace

REINVEST:
Financing, Risk Management & Partnerships

Projects or programs that:

  • Rely on innovative approaches to obtain capital financing for the purposes of economic and ecological regeneration (i.e. use of public/private partnerships), public incentives to leverage investment
  • Facilitate innovative solutions to mitigating process risk

REBUILD:
Project Development: Building Scale

Projects or programs that:

  • Demonstrate excellence in site specific responses to public policy initiatives that accelerate the pace of regeneration resulting from development
  • Promote an enhanced public realm; successfully leverage opportunities for collaboration and policy integration across different sectors
  • Combine imaginative adaptive reuse of heritage structures that promote health and well-being

RENEW:
Project Development: Neighbourhood Scale

Projects or programs that:

  • Stimulate neighbourhood-scale reinvestment
  • Use adaptive reuse of heritage and other structures to encourage integrated multi-phased redevelopment
  • Demonstrate high levels of collaboration; inspire many land owners and investors to engage with community support of a shared vision
  • Promote comprehensive neighbourhood transformation by re-envisioning the public realm, and improving functionality, liveability and character

REACH OUT:
Communications, Marketing & Public Engagement

Projects or programs that:

  • Successfully package municipal reinvestment plans and programs for regeneration and/or brownfields redevelopment in support of a community’s competitiveness and long-term sustainability
  • Demonstrate innovative approaches to build support for public/private investment and development designed to achieve intensification through redevelopment, regeneration and other reinvestment strategies
  • Introduce a brand that enhances acceptance and understanding of brownfield redevelopment, regeneration and reinvestment

Individual Achievement Award:

BROWNFIELDER OF THE YEAR AWARD:

Recognizing and individual who:

  • Has a reputation as a champion for brownfield redevelopment
  • Promotes a better understanding of brownfields as strategic assets
  • Invests exceptional personal effort to further the cause of brownfield redevelopment