Thursday, April 12, 2012

The Reuse & Redevelopment of Superfund/Brownfield Properties

What is a Brownfield?
A Brownfield is a property that is perceived to have the presence of contamination and is in consideration for reuse/redevelopment. These properties are generally abandoned buildings/factories that have produced hazardous materials during processing and overtime, the property becomes contaminated. There are four specific challenges in Brownfield Development that are unique compared to other real estate developments. They are: Environmental liability, Financial barriers, the Clean-up process and the plans addressing the reuse. Typically, there are also four steps in the redevelopment process:Pre-Development plan, Securing the property and the necessary financing, clean up and development and the Property Management aspect.

 The Role of The Environmental Protection Agency (EPA)
The Environmental Protection Agency (EPA), private and public sectors of development and state/local governments realized in the 80's that Superfund and Brownfield sites were becoming a greater liability to human health and welfare. In 1980, Congress took measures to involve the public in the Superfund and Brownfield problems by establishing the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In 1986, Congress further strengthened the role of community involvement with the passing of the Superfund Amendments and Re-authorization Act (SARA).

The EPA Superfund & Brownfield Grants Programs 
In 1986, Congress authorized the EPA to begin a program called Technical Assistance Grants (TAGs). This is a grant that provides money to help the community to make informed decisions regarding their Superfund site. The grant awarded can be up to $50,000. For Brownfield sites, which are considered less risk for human health than Superfund sites, grants are awarded based on the Small Business Liability Relief and Brownfields Revitalization Act of 2002. The statute authorizes the use of two separate grant programs: a competitive program (Section 104(k) that addresses specific sites and a non-competitive program (Section 128) to support state clean up efforts. In addition to these grant programs, the EPA has grants for Environmental Workforce Development and Job Training, Research and Technical Assistance, Sustainability programs, and State and Tribal Response Programs.

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