BrownfieldsRedevelopmentA Guidebook forLocal Governmentsand Communities—Second Edition

A PUBLICATIONOF THE SUPERFUND/BROWNFIELDRESEARCH INSTITUTE

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BrownfieldsRedevelopmentA Guidebook forLocal Governmentsand Communities—Second Edition

A PUBLICATIONOF THE SUPERFUND/BROWNFIELDRESEARCH INSTITUTE

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The International City/County Management Association (ICMA) is the professional andeducational association of more than 8,000 appointed executive administrators servinglocal governments. Members manage cities, counties, towns, townships, boroughs,regional councils, and other local governments in the United States and throughout theworld with populations ranging from a few thousand to several million people.

Founded in 1914, ICMA pursues the mission of enhancing the quality of localgovernment through professional management. Its members turn to ICMA for information,research, and technical assistance on many issues of special interest. ICMA’s managementassistance includes a wide range of publications, training programs, research, information,and training services.

ICMA’s Research and Development Department seeks to enhance the quality of localgovernment management through information sharing, technical assistance, research, andpartnership building among concerned stakeholders. The Research and DevelopmentDepartment has been studying the role that local government can play in a variety ofbrownfield issues through a cooperative agreement with the U.S. Environmental Protec-tion Agency, Cooperative Agreement No. CR-825713-01-0. Other ICMA publications madepossible by this cooperative agreement include:

• Beyond City Limits: Best Practices from ICMA’s 1998Brownfield Peer Exchanges

• Beyond Fences: Brownfields and the Challenges of Land Use Controls

• Building New Markets: Best Practices from ICMA’s 1999Brownfield Peer Exchanges

• Land Use Controls on BRAC Bases:A Special Report from ICMA’s Base Reuse Consortium

• Putting the Pieces Together: Local Government Coordinationof Brownfield Redevelopment

• Snapshots: A Preliminary Report on the 1998 BrownfieldsShowcase Communities

For more information on theICMA Brownfields Program, please contact:Molly SingerBrownfields Program DirectorInternational City/County Management Association777 North Capitol Street, NE, Suite 500Washington, D.C. 20002-4201

ABOUT ICMA

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The authors express sincere appreciation to the many people who provided inputand guidance during the preparation of this publication. We would particularly liketo thank the U.S. Environmental Protection Agency’s Office of Solid Waste andEmergency Response staff members for their advice, careful reading, and project support.

Study TeamMolly Singer Director, Brownfields ProgramThomas Groeneveld Research Assistant

Research TeamJoseph Schilling Director, Economic DevelopmentLisa Milligan Research ManagerDavid Borak Project ManagerNadejda Mishkovsky Project ManagerElizabeth Stasiak Project ManagerDaniel Pickett Assistant Project ManagerAdam Ploetz Assistant Project ManagerSean Tolliver Assistant Project ManagerCharles Meek III Research AssistantSeth Schofield Research AssistantScott Fulerton Research InternAjamu Kitwana Research InternJill Roth Research Intern

The study team wishes to thank Charles Bartsch, of the Northeast-Midwest Institute, forhis contributions on the financial issues related to brownfields redevelopment and DavidClark, of the American Chemistry Council, for his contributions risk assessment issuesrelated to brownfields redevelopment.

Special thanks is also given to the Dawn Leland and Dharma Pachner of the ICMAPublishing and Data Services department for their assistance with the layout and design ofthe publication, as well as Barbara Hart and the editorial staff at Publications Professionalsfor their contributions and insights.

This guidebook was developed under a cooperative agreement between ICMA andthe U.S. Environmental Protection Agency, Cooperative Agreement No. CR-825713-01-0.

The opinions in this guidebook are solely those of the authors, and do not necessar-ily reflect the views of the U.S. Environmental Protection Agency.

All information contained herein is based on the research and expertise of the ICMAStudy and Research Teams unless otherwise noted.

ACKNOWLEDGEMENTS

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AAAC Alaska Administrative Code

ABA American Bar Association

ACE Arlingtonians for a Clean Environment

ADEC Alaska Department of Environmental Conservation

ADEM Alabama Department of Environmental Management

ADEQ Arizona Department of Environmental Quality

ADPCE Arkansas Department of Pollution Control and Ecology

ADR alternative dispute resolution

AHP Affordable Housing Program

ANR Agency of Natural Resources

ARRA Alameda Reuse and Development Authority

ASTM American Society for Testing and Materials

ATSDR Agency for Toxic Substances and Disease Registry

BB&I Business and Industry

BAB Brownfields Advisory Board

BCRLF Brownfields Cleanup Revolving Loan Fund

BDC business development corporation

BEA baseline environmental assessment

BEDI Brownfields Economic Development Initiative

BPRA Brownfields Property Reuse Act

BRF Brownfields Redevelopment Fund, Brownfield Revolving Fund

BSRA Brownfields Site Rehabilitation Agreement

BTC base transition coordinator

BVHP Bayview-Hunter’s Point

ACRONYM LIST

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CCAA Clean Air Act

CAAA Clean Air Act Amendments

CAP Corrective Action Plan

CBA collective brownfields area

CDBG Community Development Block Grant

CDC community development corporation

CDFI Community Development FundingInitiatives

CDHPE Colorado Department of Public Health andEnvironment

CEAM conceptual exposure assessment model

CEQ Commission of Environmental Quality

CERCLA Comprehensive Environmental Response,Compensation, and Liability Act

CERCLIS Comprehensive Environmental Response,Compensation, and Liability InformationSystem

CGL commercial general liability

CHDC Cobourg Harbour DevelopmentCorporation

CICA Community Investment Cash Advance

CIP Community Investment Program

CMAA Cambodia Mutual Assistance Association

CMAQ Congestion Mitigation and Air Quality

CMP Coastal Management Plan

COA consent order and agreement

CP certified professional

CPEO Center for Public Environmental Oversight

CRCQL Chester Residents Committed to QualityLiving

CRS Community Relations Service

CSO Combined Sewer Overflow

CWA Clean Water Act

CWT Compensation Work Therapy

CZMA Coastal Zone Management Act

DDATCP Department of Agriculture, Trade, and

Consumer Protection

DBED Department of Business and EconomicDevelopment

DBP Dallas Brownfields Program

DCED Department of Commerce and EconomicDevelopment

DEC Department of EnvironmentalConservation

DED Department of Economic Development

DEP Department of Environmental Protection(Connecticut, Florida, Massachusetts, NewJersey, Pennsylvania, West Virginia)

DEM Department of EnvironmentalManagement

DENR Department of Environment and NaturalResources (North Carolina, South Dakota)

DEQ Department of Environmental Quality,Division of Environmental Quality (Idaho,Montana, Oklahoma, Oregon, Virginia,Wyoming)

DES Department of Environmental Services

DHD Department of Housing Development

DHEC Department of Health and EnvironmentalControl

DNR Department of Natural Resources (Iowa,Wisconsin)

DNREC Department of Natural Resources andEnvironmental Control

DOC U.S. Department of Commerce

DOD U.S. Department of Defense

DOE U.S. Department of Energy

DOH Department of Health

DOI U.S. Department of the Interior

DOJ U.S. Department of Justice

DOL U.S. Department of Labor

DOT U.S. Department of Transportation

DPD Department of Planning and Development

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DSF Division of Superfund

DTSC Department of Toxic Substance Control

DWU Dislocated Worker Unit

EE & O errors and omissions

Ecology Washington State Department of Ecology

EC enterprise community

ECC Earth Conservation Corps

ECOSS Environmental Coalition of South Seattle

ED U.S. Department of Education

EDC economic development conveyance,Economic Development Corporation

EDI Economic Development Initiative

EDWAA Economic Dislocation and WorkerAdjustment Assistance Act

EES Environmental Extension Service

EIL environmental impairment liability

EIP eco-industrial park

EIS Environmental Impact Statement

EJ environmental justice

EJIF Environmental Joint Insurance Fund

EOBD Executive Office of Business Development

EOWS Executive Office of Weed and Seed

EPA U.S. Environmental Protection Agency

EPC Environmental Planning Commission

EPCRA Emergency Planning and CommunityRight-to-Know Act

EPD Environmental Protection Division

ESA Endangered Species Act

EZ empowerment zone

FFAMU Florida A&M University

FDIC Federal Deposit Insurance Corporation

FHFB Federal Housing Finance Board

FHLBank Federal Home Loan Bank

FHWA Federal Highway Administration

FLH federal lands highway

FRA Federal Railroad Administration

FTA Federal Transit Administration

FTZ foreign trade zone

FUDS formerly used defense sites

GGIS geographic information systems

GSA General Services Administration

GLNPO Great Lakes National Program Office

GLWQA Great Lakes Water Quality Agreement

GLIN Great Lakes Information Network

HHAP hazardous air pollutant

HASP health and safety plan

HAZWOPER Hazardous Waste Operations andEmergency Resonse

HCP habitat conservation plan

HDOH Hawaii Department of Health

HEBCAC Historic East Baltimore Community ActionCoalition

HHS U.S. Department of Health and HumanServices

HPF Historic Preservation Fund

HRS Hazard Ranking System

HSES High School of Environmental Studies

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HUD U.S. Department of Housing and UrbanDevelopment

IIC institutional control

ICMA International City/County ManagementAssociation

ICP Independent Cleanup Pathway

IDB industrial development bond

IDEM Indiana Department of EnvironmentalManagement

IHSB Inactive Hazardous Sites Branch

Illinois EPA Illinois Environmental Protection Agency

IPA intergovernmental personnel assignment

IRAP Independent Remedial Action Program

ISTEA Intermodal Surface TransportationEfficiency Act

IWG interagency working group

JJMU James Madison University

JTPA Job Training Partnership Act

KKDHE Kansas Department of Health and

Environment

LLCBP Lake Champlain Basin Program

LCRA Land Clearance for RedevelopmentAuthority

LDEQ Louisiana Department of EnvironmentalQuality

LDR Land Disposal Restriction

LEPC local emergency planning committee

LETS Leadership Environmental Training Series

LHD Lowell Health Department

LISS Long Island Sound Study

LNAPL light, nonaqueous phase liquid

LOC Letters of Credit

LRA local redevelopment authority

LRP Land Recycling Program (Pennsylvania,Wisconsin)

LUC land use control

LWMD Lake and Water Management Division

MMACT maximum achievable control technology

MARAD U.S. Maritime Administration

MBVCRA Mississippi Brownfields Voluntary Cleanupand Redevelopment Act

MCLG maximum contaminant level goal

MDE Maryland Department of the Environment

MDEQ Michigan Department of EnvironmentalQuality, Mississippi Department ofEnvironmental Quality

MDNR Missouri Department of Natural Resources

MFS Marine Fisheries Service

MIC manufacturing industrial center

MOU Memorandum of Understanding

MPCA Minnesota Pollution Control Agency

MPO metropolitan planning organization

NNA No Association

NAAQSs national ambient air quality standards

NADO National Association of DevelopmentOrganizations

NCCP National Community ConservationProgram

NCP National Contingency Plan

NDC Neighborhood Development Corporation

NDDOH North Dakota Department of Health

NDEP Nevada Department of EnvironmentalProtection

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NDEQ Nebraska Department of EnvironmentalQuality

NEJAC National Environmental Justice AdvisoryCouncil

NEP National Estuary Program

NEPA National Environmental Policy Act

NFA No Further Action

NIR Notification of Intent to Remediate

NJIT New Jersey Institute of Technology

NESHAPs National Emission Standards for HazardousAir Pollutants

NFR No Further Remediation

NGO nongovernmental organization

NIEHS National Institute for Environmental HealthSciences

NJDEP New Jersey Department of EnvironmentalProtection

NMED New Mexico Environment Department

NMREC National Maritime Resource and EducationCenter

NOAA National Oceanic and AtmosphericAssociation

NOFA notice of funding availability

NPDES National Pollutant Discharge EliminationSystem

NPL National Priorities List

NPS National Park Service

NRDC National Research Defense Council

NREPC Natural Resources and EnvironmentalProtection Cabinet

NRPE National Religious Partnership for theEnvironment

NSPSs New Source Performance Standards

NYDOS New York Department of State

NYDEC New York Department of EnvironmentalConservation

OOCC Office of Comptroller of the Currency

ODEQ Oregon Department of EnvironmentalQuality

ODOD Ohio Department of Development

ODR Office of Dispute Resolution

OECA Office of Enforcement and ComplianceAssurance

OECDD Oregon Economic and CommunityDevelopment Department

OECI Office of Economic Conversion Information

Ohio EPA Ohio Environmental Protection Agency

OIRM Office of Information ResourcesManagement

OJP Office of Justice Programs

OPA Oil Pollution Act

OSD Off-site Source Determination

OSHA Occupational Safety and Health Act

OTS Office of Thrift Supervision

OTTED Office of Tourism, Trade, and EconomicDevelopment

OWDA Ohio Water Development Authority

PPADEP Pennsylvania Department of Environmental

Protection

PAT planning action team

PBS Public Building Service

PCB polychlorinated biphenyl

PCPC Philadelphia City Planning Commission

PIDC Philadelphia Industrial DevelopmentCorporation

PMN premanufacture notice

POTWs publicly owned treatment works

PPA prospective purchaser agreement

PRB permeable reactive barrier

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PRP potentially responsible party

PSA public service announcement

RRAB Restoration Advisory Board

R & HA Rivers and Harbors Act

RAW remedial action work plan

RBCA risk-based corrective action

RBSL risk-based screening level

RCPP Redevelopment of ContaminatedProperties Program

RCRA Reserve Conservation and Recovery Act

RDA Redevelopment Authority

RDO regional development organization

RFP request for proposal

RGI Regional Geographic Initiative

RLF revolving loan fund

RI/FS remedial investigation/feasibility study

RRIF Rail Rehabilitation and ImprovementFinancing

RTAP Rural Transit Assistance Program

RTCA Rivers, Trails, and Conservation Assistance

RUL Rural Utilities Loan

SSARA Superfund Amendments and

Reauthorization Act

SBA Small Business Administration

SBDC Small Business Development Center

SCA Student Conservation Association

SDWA Safe Drinking Water Act

SEC State Environmental Commission

SERC state emergency response commission

SIC Standard industry classification

SHPO state historical preservation officer

SFRPC South Florida Regional Planning Council

SMOA Superfund Memorandum of Agreement

SPCC Spill Prevention, Control, andCountermeasure

SPWF Special Public Works Fund

SRF state revolving loan fund

SSTL site-specific target level

SVE soil vapor extraction

SVOC semi-volatile organic compound

TTAA Technical Assistance Approval, Trade

Adjustment Assistance

TANF Temporary Assistance for Needy Families

TCSP Transportation and Community SystemPreservation

TDEC Tennessee Department of Environmentand Conservation

TEA-21 Transportation Equity Act for the 21stCentury

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TIF tax increment financing

TIP Transportation Improvement Program

TNRCC Texas Natural Resource ConservationCommission

TPL Trust for Public Land

TRRP Texas Risk Reduction Pattern

TSCA Toxic Substances Control Act

UUST underground storage tank

USACE U.S. Army Corps of Engineers

USDA U.S. Department of Agriculture

USFWS U.S. Fish and Wildlife Service

UGB urban growth boundary

UMASS University of Massachusetts

USF University of Southern Florida

USX U.S. Steel

UIC Underground Injection Control

UDEQ Utah Department of Environmental Quality

VVA U.S. Department of Veteran Affairs

VAP Voluntary Action Program

VCP voluntary cleanup program

VCRP Voluntary Cleanup and RedevelopmentProgram

VIC Voluntary Investigation and Cleanup

VEMUR voluntary environmental mitigation userestriction

VOAP Voluntary Oversight and AssistanceProgram

VOC volatile organic compound

VRA voluntary remedial action

VRP Voluntary Remediation Program

VRRA Voluntary Remediation andRedevelopment Act

WWARN Worker Adjustment and Retraining

Notification

WIA Workforce Investment Act

WPCLF Water Pollution Control Loan Fund

WRT Waterfront Regeneration Trust

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Table 1.1

Differences Between Brownfields Sites and Superfund Sites ............ 5

Table 2.1

Common Roles of Local Government Departments ...........................22

Table 3.1

Determining the Need for Alternative Dispute Resolution ...............69

Table 4.1

Examples of ICs at Contaminated Sites ..............................................113

Table 5.1

TEA-21 Programs That May Be Used for ............................................134Brownfields Redevelopment

Table V.1

Brownfields Remediation Technologies ........................................... V-11

LIST OF EXHIBITS

Exhibit 1.1

Local Government Decision Tree for Brownfields Redevelopment .. 17

Exhibit 2.1

Local Government Roles in Facilitating a Brownfields ......................23Redevelopment Project

Exhibit 3.1

Conflict Management and Alternative Dispute Resolution .............. 67

LIST OF TABLES

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Chapter 1 Introduction

1.1 Overview of the New Edition ..................................................................................................1

1.2 An Introduction to Brownfields and Land Use ..................................................................2

1.3 What’s New with Brownfields? ..............................................................................................7

1.4 How to Use this Reference Guide .........................................................................................8

1.5 Answers to Commonly Asked Brownfields Questions ...................................................9

Chapter 2 Partnerships In Brownfields Redevelopment

2.1 Overview .................................................................................................................................... 19

2.2 Components of Partnership ................................................................................................. 20

2.3 Stakeholder Roles ................................................................................................................... 21

2.4 Planning ..................................................................................................................................... 28

2.5 Environmental Programs ...................................................................................................... 31

2.6 Economic Development ........................................................................................................ 35

2.7 Community Involvement, Outreach, and Education .................................................... 40

2.8 Public Health ............................................................................................................................ 46

2.9 Coalition Building and Relationships ................................................................................ 48

2.10 Preventing Staff Turnover ...................................................................................................... 54

2.11 Expanding Community Involvement, Outreach, and Education ............................... 55

2.12 Increasing Stakeholder Involvement ................................................................................. 57

2.13 Managing Expectations.......................................................................................................... 58

2.14 Voluntary Cleanup Programs ............................................................................................... 58

2.15 Conclusion ................................................................................................................................ 60

TABLE OF CONTENTS

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Chapter 3 Community Issues

3.1 Overview .................................................................................................................................... 61

3.2 Local Government Strategies ............................................................................................... 62

3.3 Alternative Dispute Resolution ............................................................................................ 65

3.4 Risk Communication .............................................................................................................. 76

3.5 Environmental Justice ............................................................................................................ 80

3.6 Public Education ...................................................................................................................... 88

3.7 Conclusion ................................................................................................................................. 97

Chapter 4 The Cleanup Process

4.1 Overview .................................................................................................................................. 103

4.2 Risk Assessment .................................................................................................................... 104

4.3 Land Use in Remedy Selection ......................................................................................... 108

4.4 Institutional Controls ............................................................................................................ 112

4.5 Conclusion ............................................................................................................................... 116

Chapter 5 Types of Brownfields Redevelopment

5.1 Overview .................................................................................................................................. 119

5.2 Infill Development ................................................................................................................. 120

5.3 Transportation ........................................................................................................................ 127

5.4 Housing .................................................................................................................................... 136

5.5 Greenspace ............................................................................................................................. 139

5.6 Recreational ............................................................................................................................145

5.7 Historic Preservation and Brownfields ............................................................................ 151

5.8 Rural Brownfields .................................................................................................................. 155

5.9 Waterfront Brownfields ........................................................................................................ 162

5.10 Military Base Reuse ............................................................................................................... 172

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5.11 Eco-Industrial Parks .............................................................................................................. 175

5.12 Conclusion ............................................................................................................................... 181

Chapter 6 Brownfields Finance and Economics

6.1 Overview ..................................................................................................................................183

6.2 Public Financing .....................................................................................................................184

6.3 Private Financing ...................................................................................................................200

6.4 Banking Policies and Regulations ....................................................................................205

6.5 Environmental Insurance ....................................................................................................209

6.6 Conclusion ............................................................................................................................... 212

Chapter 7 Strategies and Best Practices

7.1 Overview .................................................................................................................................. 213

7.2 University Partnerships ........................................................................................................ 214

7.3 Local Government Intracoordination .............................................................................. 215

7.4 Regional Approaches and City and County Partnerships ......................................... 216

7.5 Public-Private Partnerships ................................................................................................. 217

7.6 Brownfields Redevelopment to Attract Industry and Jobs ....................................... 219

7.7 The U.S. Environmental Protection Agency BrownfieldsShowcase Communities ......................................................................................................220

7.8 Conclusion ...............................................................................................................................226

Chapter 8The Past and Present of Brownfields: Community Planningand Institutional Responses

8.1 Overview ..................................................................................................................................227

8.2 Community Development and Land Use Planning .................................................... 228

8.3 Institutionalizing Staff Knowledge and Resources ...................................................... 231

8.4 Maintaining Funding and Technical Assistance ............................................................231

8.5 Preparing for the Future ......................................................................................................233

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8.6 Policy Development .............................................................................................................. 235

8.7 Conclusion ...............................................................................................................................238

Appendix I Federal Interagency Working Group Summary and Contacts

Appendix II Regional Agency and Programming Summary and Contacts

Appendix III Brownfields Federal Legislation

Appendix IV State Voluntary Cleanup Programs

Appendix V Brownfields Remediation Technologies

Appendix VI Brownfields Consultants Guide

Appendix VII Brownfields Internet Resources

1.1Overview Of The New Edition

When Brownfields Redevelopment: A Guidebook for Local Governments

and Communities was published in 1997, it was the first comprehensive

brownfields guidebook written specifically for local government officials

and community leaders. In the brief time since then, the emerging field of

brownfields redevelopment has grown exponentially with many changes

and transformations.

In 1997, the U.S. Environmental Protection Agency (EPA) had re-

cently expanded its Brownfields Initiative with the Brownfields National

Partnership Action Agenda, which created an unprecedented partnership

among fifteen federal agencies. EPA’s tally of Brownfields Redevelopment

Pilot grants had reached 113, and the term “brownfields” was becoming

fashionable at all levels of government.

C H A P T E R 1

INTRODUCTION

BROWNFI ELDS REDEVELOPMENT: A GUIDEBOOK FOR LOCAL GOVERNMENTS AND COMMUNITIES| 2 |

To date, EPA has designated and launched362 Brownfields Assessment Demonstration Pilotsaccompanied by grants that exceed $69 million;the latest round of pilots included fifty-fourcommunities announced in April 2000. In addi-tion, thirty-seven EPA Brownfields Job Trainingand Development Demonstration Pilots areunderway and ten additional communities wereannounced in December 2000. In addition, EPAhas awarded 104 Brownfields Cleanup RevolvingLoans to numerous Brownfields AssessmentDemonstration Pilot and Brownfields ShowcaseCommunities. Finally, in addition to the initialsixteen Brownfields Showcase Communities,twelve additional communities entered theinitiative in October 2000.

Brownfields are a valuablecommunity resource that

through redevelopment andreuse could easily bring

important benefits to manyeconomically depressed

communities.

Supplementing the Action Agenda, the newBrownfields Economic Development Initiativefrom the U.S. Department of Housing and UrbanDevelopment has helped various levels of govern-ment recognize the cross-cutting issues (e.g., cleanair, workforce development) that are part of asuccessful brownfields redevelopment program. Inthe legislative arena Congress is now consideringpassing separate brownfields legislation, ascomprehensive Superfund reauthorization re-mains elusive. Locally, almost every state has abrownfields or voluntary cleanup program(VCP)—contractual agreements whereby propertyowners and future developers are exonerated fromliability concerns by voluntarily funding cleanupexpenses—and many local governments areincorporating brownfields redevelopment intolong-term land-use plans.

Since 1996, the International City/CountyManagement Association (ICMA) has worked withEPA under a cooperative agreement to research

and report on the best practices of managing abrownfields program at the local level, as well ason innovative ways to restore sites to a state ofproductive use. As the association for professionallocal government management, ICMA is wellpositioned to research methods of brownfieldsmanagement or, more accurately, brownfieldscoordination at the local level.

With the increasing awareness of brownfieldsissues at all levels of government, ICMA has beencompiling its research for the past three years intothis second edition of its brownfields guidebook,Brownfields Redevelopment 2000: A Guidebookfor Local Governments and Communities. Asbrownfields redevelopment practices evolve,ICMA’s research will keep pace with the chal-lenges related to management and coordination ofsuccessful brownfields programs at all communitylevels.

This chapter answers basic questions con-cerning brownfields, land use, and redevelopmenttools and strategies available to local governments.In addition, it summarizes information that hassurfaced since the release of the first edition of thebrownfields guidebook and maps out the rest ofthe resources available in this reference guide.This chapter is organized as follows:

1.2 An Introduction to Brownfields and LandUse

1.3 What’s New with Brownfields?1.4 How to Use this Reference Guide1.5 Answers to Commonly Asked Brownfields

Questions

1.2An Introduction to Brownfields

and Land Use

What are brownfields?Brownfields are rural or urban industrial andcommercial sites that are abandoned or underusedbecause of real or perceived contamination. Commu-nities across the country face the challenge of

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putting these idle sites back to work, from oldindustrial cities with thousands of acres of aban-doned factories to rural villages built around derelictmines or timber mills. Brownfields are a valuablecommunity resource that through redevelopmentand reuse could easily bring important benefits tomany economically depressed communities.

What are the benefits and costs forbrownfields redevelopment?

Improved Quality of LifeOne benefit of reusing brownfields sites is thepositive effect that redevelopment projects haveon the people and communities who once de-pended on those sites for their livelihoods. Manyof the neighborhoods surrounding brownfieldswere traditionally stable, working-class areas thathave deteriorated since the departure of local,anchor industries. Some of the nation’s highestconcentrations of poverty, crime, and other socialproblems are located in areas close to brownfields.Responsible assessment, cleanup, and redevel-opment can help remove blight from those neigh-borhoods and generate jobs and income. Manymunicipalities are using brownfields projects andprograms as a catalyst to revive their older com-munities and neighborhoods.

Elimination of ContaminationAnother benefit of brownfields reuse is the imme-diate improvement to the local environmentbrought about by removing or containing thecontamination. Cleaning the property can providelong-term public health benefits to residents wholive in the vicinity of the brownfields site. Com-munities must not forget the importance ofprotecting public health and their local environ-ments when they start to redevelop brownfields.

Preservation of GreenspaceDeveloping abandoned land also can divert growthaway from undeveloped “greenfields” sites insuburban and rural areas by stimulating infill intorevitalized downtowns. This diversion can protectfarmland and open space, reduce the need forconstruction of new infrastructure, and preventunnecessarily long commuting times for workers.Many ways exist to address sprawl and its associ-

ated environmental effects, but putting brownfieldsback to work is one of the most crucial.

Increased Local Tax RevenuesIn addition to these broader positive effects,reusing brownfields can directly benefit thefinances of local governments. When they wereactive, industrial sites served as crucial sources oflocal government revenues, whether directlythrough property and other taxes paid by ownersor indirectly through property, sales, and othertaxes paid by workers and residents. Idlebrownfields sites, in contrast, are fiscal deadweight. Redeveloping abandoned sites can in-crease local tax revenues by raising the value ofthe properties being developed, by bringing inviable owners for tax-delinquent or government-owned sites, by generating sales taxes throughcommercial development, by employing taxpayingcitizens, and by creating public amenities likeparks or recreation centers that increase the valueof surrounding properties. For heavily developedareas, redevelopment of previously used sites mayrepresent one of the few available alternatives toboost revenues.

Despite the potential benefits of brownfieldsdevelopment, it has long been difficult for commu-nities to put contaminated sites back to use. Thecosts of remediation have made otherwise attrac-tive development projects economically infeasible.Uncertainty about the presence of contaminationat many sites has meant that suspicion of con-tamination can, by itself, obstruct development.A far-reaching and sometimes unpredictableenvironmental liability system under the federalSuperfund law has deterred lenders and develop-ers from becoming involved at sites with even ahint of contamination.

A series of recent trends, however, has madeit much easier to overcome those barriers and putsites back to work. One of those trends involvesactions by governments at all levels designed toencourage the cleanup and reuse of contaminatedor potentially contaminated sites. Those actionsresulted from a growing understanding of theimportance of brownfields and a realization thattraditional policies were not doing a good enoughjob to bring brownfields back into use.

BROWNFI ELDS REDEVELOPMENT: A GUIDEBOOK FOR LOCAL GOVERNMENTS AND COMMUNITIES| 4 |

Many local governments, recognizing howcrucial brownfields were to their future, tookaction themselves to promote redevelopment andurged other levels of government to take comple-mentary steps. Most states have changed theirhazardous-waste laws and regulations to make iteasier for parties voluntarily to clean up and reusebrownfields sites. EPA took a leadership role inpromoting reuse through measures such asclarifying liability and providing a number ofbrownfields assessment and job training grants tolocal, state, and tribal governments.

At the same time that governments weretaking these actions, other trends further increasedthe feasibility of reuse. Developers, lenders,insurers, and other private sector parties weregaining experience with the cleanup and develop-ment of contaminated sites and were becomingmore confident that brownfields projects couldgenerate profits without entailing excessive risk.Rapid advances in assessment and remediationtechnology were making cleanup less costly, morepredictable, and protective of public health. Astrong economy and a tightening market forindustrial land made development of sites thathad previously been considered marginal moreattractive.

Such trends have made brownfields reuse farmore workable and have led to successful devel-opment projects at many contaminated sites. Theyhave not, however, made reuse easy. A communitytrying to promote the development of brownfieldssites will still face all the difficulties that accom-pany any development project, combined with anadded layer of challenges related to contamina-tion. This guidebook is designed to provide localgovernments and communities with informationthat will help them overcome those challengesand put brownfields back to work.

Brownfields Sites versus Superfund SitesOften, communities confuse brownfields siteswith EPA’s Comprehensive Environmental Re-sponse, Compensation, and Liability Act of 1980(CERCLA, commonly referred to as Superfund forthe fund it authorized to clean up abandonedhazardous waste sites) sites. Because thebrownfields program is covered under theSuperfund law, it is easy to see why there can be

some confusion. Generally, Superfund sites arelarge, heavily contaminated sites that are undergo-ing federal action for cleanup. Brownfields sitesare smaller parcels of land with smaller amountsof contamination that are redeveloped by partiesseeking for economic benefit. The definition ofbrownfields sites is unspecific; anything from anold factory to an empty lot could be consideredbrownfields. The only site that cannot be called abrownfields (or at least that cannot receive federalfunding for its redevelopment) is one that is listedon the National Priorities List (NPL)—that is, aSuperfund site.

Superfund SitesContaminated sites referred to as Superfund siteshave achieved a ranking of 28.5 or higher on theHazard Ranking System (HRS). Sites meeting thisrequirement can be listed on the NPL and areconsidered the country’s most contaminated sites.Once listed on the NPL, a Superfund site goesthrough a lengthy, federally driven process, and itoften takes years simply to begin cleanup.

While the HRS could serve as a definingelement in identifying the difference betweenSuperfund and brownfields sites, its usefulnessfalls short at two points. First, the break point of28.5 was arbitrarily selected to meet requirementsdictated by Congress when the Superfund law wasenacted in 1980. In the law’s initial enactment,Congress required EPA to list at least 400 sites onthe NPL and to update the list as appropriate. Ascore of 28.5 on the HRS allowed EPA to satisfythat requirement. Thus, the number 28.5 is not arealistic indicator for estimating the levels of riskposed by a site. Sites attaining a 28.5 or higher arenot always listed on the NPL. Today, sites attain-ing a score of 28.5 or higher are still waiting to beput on the NPL and are referred to as “NPL-caliber” sites. This stigma can be detrimental tothe redevelopment potential of a contaminatedsite because of the stringent, yet indiscriminate,nature of Superfund statutes. Because they seek tosteer clear of any possibility of incurring financialliabilities for cleanup costs, investors and devel-opers often disregard contaminated sites associ-ated with the NPL or Superfund.

Second, many potentially responsible parties(PRPs) and states have begun to look toward state

| 5 |CHAPTER ONE: INTRODUCTION

VCPs in an attempt to avoid listing on the NPL,CERCLA’s unforgiving liability standards, and theSuperfund stigma. Essentially, a PRP who appliesto participate in a state VCP avoids the possibilityof the site in question being ranked by the HRSand being listed as a Superfund site. Thus, somehazardous waste sites that are contaminatedenough to be listed on the NPL, have been pur-posefully left off this list to undergo brownfieldsredevelopment. When funding measures areconsidered, the lines between Superfund andbrownfields sites become even more complicated.

EPA cannot spend any of its funds to encour-age the cleanup and redevelopment of sites on theNPL without going through the lengthy Superfundprocess. Therefore, Superfund sites are not eligiblefor EPA brownfields funds. Confusing the issue,however, is that many communities refer toSuperfund site redevelopment as “brownfieldsredevelopment,” using the term to mean redevel-opment in general of any hazardous waste site. Inaddition, Superfund sites that have been cleanedup and deleted from the NPL could easily beconsidered for brownfields redevelopment be-cause of the perceived threat of residual contami-nation. Brownfields sites may certainly pose an“imminent and substantial danger to the publichealth or welfare,”1 which requires such sites to belisted on the NPL.

Together with inconsistencies in definition,an underlying difference in the scope and purposeof the two programs still exists. Historically, thegoal of the Superfund program has been to cleanup, not redevelop, hazardous sites,2 while themotivating factor in brownfields cleanup isredevelopment and economic revitalization. Thebrownfields program is primarily a state and localgovernment program of redeveloping sites torevitalize the community and to put property backon the tax rolls. The Superfund program’s purposeis to maintain public health by cleaning up themost hazardous of sites in the nation. Reuse ofSuperfund sites is certainly an added bonus, but ithas not been the purpose of the program. Table 1.1summarizes these differences.

Some of the confusion between the two typesof sites has come from the evolution of the twoprograms. Most notable is that CERCLA wasinitially established as a federal law, whereasbrownfields cleanups and redevelopment havebeen authorized and implemented by states,normally in coordination with a state’s VCP. Thisevolution has created brownfields programs thatdiffer widely from state to state. For example,although the ultimate goal of most brownfieldsprograms is redevelopment of blighted urbanproperties for purposes of economic revitalization,exactly what sites are eligible for brownfields

Table 1.1: Differences Between Brownfield Sites and Superfund Sites

Program Characteristics Brownfield Sites Superfund Sites

Size Generally smaller parcels. Generally much larger parcels(perhaps hundreds of acres).

Level of Contamination Generally less contaminated The country’s mostthan Superfund sites. contaminated sites.

National Priorities List May not be listed on the NPL to Listed on the NPL (the nation’s worstreceive federal brownfields funding. hazardous waste sites).

Focus of Program Generally focuses on Historically focuses on cleanup.cleanup and redevelopment.

Level of Government Supervision Generally the local government Federal and state governments lead theleads the effort. cleanup effort.

Cleanup Standards Based largely on state VCP standards. Governed by federal standards forcleanup.

Cleanup Funding EPA cannot fund the cleanup but can Often, EPA (or PRPs) funds the cleanup.fund assessment, community outreach,and education programs.

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programs differs from state to state. Furthermore,not every state has a brownfields or voluntarycleanup program.

Why Local Governments?The brownfields program is one of the few EPAprograms in which the federal government pro-vides funds directly to local governments. Thereasoning behind this funding method is clear:because redevelopment and land use are thedomain of local governments, the local level isthe focal point for brownfields redevelopment.

Land-use planning is one of the basicfunctions of local government. A brownfieldsredevelopment project may require local govern-ment to develop:

• Transportation planning;• Adjusted comprehensive land-use plans;• Zoning ordinances;• Sewer, water, and storm drainage facilities;• Refuse collection and disposal;• Environmental strategies;• Plans to use data from geographic informa-

tion systems;• Business development districts; and• Special service areas to raise funding.

All of those activities fall under the domain oflocal land-use planning. Local governments mustplay a role, if not the lead role, in any brownfieldsredevelopment.

Coordination is, at heart,a management tool.

Furthermore, local governments should beinvolved in the brownfields redevelopment processbecause of the coordination issues involved. Mostoften, a brownfields redevelopment requires theexpertise of multiple disciplines, such as environ-mental science, economic development, infrastruc-ture engineering, civic planning, financing, andcommunity development. In most jurisdictions,practitioners of each of those disciplines are housedin separate departments, making coordination achallenge to brownfields program managers. Many

successful brownfields redevelopment projects arethe result of effective interoffice coordinationwithin a local government.

Coordination is, at heart, a management tool.In Putting the Pieces Together: Local GovernmentCoordination of Brownfields Redevelopment,ICMA identified coordination as a key to success-ful brownfields redevelopment programs andprojects. Local governments must coordinate thevarious interests involved in a brownfieldsredevelopment both internally and externally.Internally, local governments have to coordinatethe redevelopment effort among various depart-ments. Externally, local governments must coordi-nate brownfields projects with state VCPs, federalsupport programs, private businesses, and thecommunity. In addition, some brownfieldsprojects cross city and county boundaries, whichrequires regional or intergovernmental coordina-tion. Local coordination involves managing a widerange of concerns, from environmental cleanupto economic development. Local governments arein the opportunistic position to bridge the gapbetween environmental cleanup and economicreuse.

Building a Case for BrownfieldsRedevelopmentAlthough a few communities may still considerbrownfields liabilities instead of assets, a growingnumber of local government managers, electedofficials, and community leaders now recognizethat brownfields programs can serve as catalystsfor designing new redevelopment plans andinitiatives. One should consider the followingreasons in building a case for brownfields cleanupand reuse in a community:

• Brownfields projects are consistent with thefollowing traditional community redevelop-ment purposes (reclaiming abandoned orunderused land and restoring it to produc-tive use, increasing the property tax base,and contributing to the local economy (i.e.,by creating additional sales tax revenues,jobs, new businesses, etc.);

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• Brownfields projects protect public healthand improve the environment by cleaning upcontaminated properties;

• Reuse plans with innovative designs canhelp reestablish a sense of community andplace in older neighborhoods;

• Participation in a collaborative, consensus-building process as part of a brownfieldsinitiative can improve community gover-nance and create stronger connectionsbetween local government and its citizens;

• Brownfields projects can have a positiveeffect on a region’s growth patterns byencouraging the redevelopment of aban-doned properties within the urban core andby discouraging new development of pristineland in the outlying suburbs and exurbs; and

• Timing is ideal for brownfields redevelop-ment given the momentum created byvarious public and private initiatives (EPABrownfields Pilot grants and the BrownfieldsNational Partnership Action Agenda providethe necessary federal funds and will helpcoordinate federal brownfields efforts; statevoluntary cleanup laws provide differentcombinations of incentives and protec-tions for prospective developers; and newpublic-private partnerships to redevelopbrownfields have involved a wide array ofstakeholders: community groups, environ-mental organizations, businesses, develop-ers, local financial institutions, and environ-mental justice advocates).

Given the convergence of these factors, a strongconsensus exists in many communities throughoutthe nation that redeveloping brownfields is theright thing to do. The benefits far outweigh thecosts. Brownfields are too valuable a redevelop-ment resource to leave idle.

1.3What’s New with Brownfields?

Over the past few years, the brownfields programhas been evolving. Many communities have

moved well past the stage of creating a brown-fields program and are now focusing on the newchallenges such programs face today.

New Brownfields Issues

Rural BrownfieldsSmaller communities in rural areas face many ofthe same issues as urban brownfields programs.Redeveloping rural brownfields not only helpspreserve farmland, but it also has a greater eco-nomic impact on smaller communities because ofthe smaller proportional size of their brownfieldsproblems. Consequently, a movement exists toeducate smaller, rural communities on the benefitsof brownfields redevelopment.For more information see section 5.8: RuralBrownfields.

Cross-Cutting IssuesMany communities are linking brownfieldsredevelopment with related issues not usuallyassociated with environmental projects. Issuessuch as job training, education, housing, trans-portation, and planning are all being tied tobrownfields programs.For more information see section 3.6: PublicEducation; sections 5.3 and 5.4: TransportationRedevelopment and Housing Redevelopment.

Regional Approaches and CoordinationSome local governments are partnering withnearby communities to address multijurisdictionalbrownfields. These clusters of local governmentsface the difficult challenge of coordinating amongvarious counties and different levels of variousgovernments.For more information see section 7.4: RegionalApproaches and City and County Partnerships.

Alternative Development OptionsWhile early brownfields successes turnedbrownfields located on valuable property intohuge economic gains for the community, manyof the brownfields sites still left undeveloped areless economically viable. Communities are nowconsidering alternative development options (e.g.,greenways, recreational uses) for these difficult-to-develop sites.

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For more information see sections 5.5,5.6, and5.7: Greenspace Development, RecreationalRedevelopment, and Historic Preservation andBrownfields.

TEA-21 and BrownfieldsThe 1998 passage of the Transportation EquityAct for the 21st Century (TEA-21) provided inter-esting funding for many transportation-relatedbrownfields projects. TEA-21 is helping manycommunities link their transportation andbrownfields programs in a way that benefits both.For more information see section 5.3: Transporta-tion Redevelopment.

Brownfields Cleanup Revolving Loan Funds(BCRLF) ProgramMany communities are using revolving loan fundsfor brownfields projects. While EPA’s new BCRLFprogram has not met the success of its siblingprograms, some local governments are using it tostart successful brownfields programs.For more information see section 6.2: PublicFinancing.

Brownfields Showcase CommunitiesSince March 1998, EPA has used the ShowcaseCommunities to highlight cooperation effortsamong different stakeholders. Showcase Commu-nities have become national models for demon-strating the positive results of public and privatecollaboration in addressing brownfields issues.For more information see section 7.7: The Show-case Communities.

Environmental InsuranceEnvironmental insurance costs have significantlydropped in the past two years, making morebrownfields projects (especially smaller projects)more viable.For more information see section 6.4: BankingPolicies and Regulations.

The greatest change in the brownfields arena isthe way communities address brownfields in thecontext of larger issues. Unless brownfields areaddressed as a part of larger community issues,redeveloped sites may eventually become aban-doned and become brownfields again.

Communities with multiple brownfieldssites often face additional problems, such asunemployment, substandard housing, outdatedpublic infrastructure, crime, or an unskilled localworkforce. Too often, programs in place to addressthose issues operate in isolation. By coordinatingprograms and resources, a brownfields redevelop-ment project can grow to address issues at a site inaddition to the redevelopment itself.

Tying together a variety ofdisciplines to form one

comprehensive program is thefuture of brownfields

redevelopment.

Many local governments are establishinginterdepartmental working groups to leverage adiverse range of public and private technicalexpertise for brownfields redevelopment. Environ-mental assessment and cleanup activities might belinked with workforce and job-developmentprograms through the creation of permanent jobsafter the redevelopment. Economic developmentat the site can be coordinated with transportationdepartments to ensure transportation access fornew workers in the redeveloped areas. Reuseoptions might include the development of urbanagriculture and green spaces, which would requirethe expertise of the planning department. Tyingtogether a variety of disciplines to form onecomprehensive program is the future of brown-fields redevelopment. The successful brownfieldsprogram will have coordination both internallyamong departments and externally among stake-holders and different levels of government.

1.4How to Use this Reference Guide

The list of frequently asked questions in section1.5 can be used to find information quickly oncommon brownfields issues. Questions are

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organized into several categories, and eachquestion is accompanied by a short, generalanswer along with a cross-reference to sections ofthe guidebook.

Chapters 2 through 6 of this guidebookprovide detailed explanations of the major issuesthat local governments and communities willconfront in reusing brownfields, from partnershipsto public financing to community involvement.Chapter 7 highlights some of the best practices forbrownfields redevelopment and provides detailedinformation on EPA’s Brownfields ShowcaseCommunities, while Chapter 8 examines thefuture of the brownfields program. Finally, seriesof appendices contain various resources that willbe helpful in planning a brownfields program,including new legislation, new technologies, and alist of federal and regional programs and contacts.

1.5Answers to Commonly Asked

Brownfields Questions

The following section provides the answers tovarious questions about brownfields redevelop-ment, as well as sections within the guidebookthat provide further discussion of such topics.

Brownfields Basics

What is a brownfields site?Generally, brownfields sites are defined as aban-doned, idled, or underused industrial or commer-cial facilities where expansion or redevelopmentis complicated by real or perceived environmentalcontamination. Some federal, state, and localprograms use slightly different definitions.For more information see section 1.2: An Introduc-tion to Brownfields and Land Use.

What are the benefits and costs for brownfieldsredevelopment?Benefits such as positive effect on the community,improvement to local environment, preservedgreenfields, and economic gains often outweigh

the costs of uncertain contamination and strictliability schemes.For more information see section 1.2: An Introduc-tion to Brownfields and Land Use.

What are the differences between brownfieldssites and Superfund sites?Generally, Superfund sites are large, heavilycontaminated sites that are undergoing federalaction for cleanup. Brownfields sites are smallerparcels of land with smaller amounts of contami-nation that are redeveloped by parties for eco-nomic benefit.For more information see section 1.2: An Introduc-tion to Brownfields and Land Use.

What roles can local governments play inbrownfields redevelopment?Local governments are the closest authoritativelink to community stakeholders and brownfieldssites. Thus, they have the greatest knowledge ofphysical sites as well as of the historical and othercultural links between sites and the surroundingcommunity. More important, local governmentsrepresent the vested interests of the entire commu-nity and must interpret and synthesize diverseopinions into a comprehensive redevelopmentstrategy. Finally, local governments have knowl-edge about protocols necessary to engage relatedstate and federal programs and policies.For more information see Appendix VII:Brownfields Internet Resources

Partnerships

What are common barriers to governmentalpartnerships?On an intragovernmental basis, various levels ofgovernment lack specific departments qualified toaddress the complex issues of site contamination,community collaboration, and environmentaljustice that are synonymous with brownfieldsdevelopment. Revising existing managementprograms and creating appropriate agencies andprograms to synthesize brownfields redevelop-ment initiatives might resolve the problem. On anintergovernmental basis, overlapping jurisdic-tions, traditional departmental mandates, andprivate interests all hinder coordination among

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governmental agencies. To bridge these gaps,agencies must acknowledge the immediate andlong-term benefits of revitalization projects anddevelop comprehensive strategies to facilitatecompromises and collaboration among variousfederal, state, and local authorities.For more information see section 2.4: Partnershipsand Planning.

What role can state and federal governments playin brownfields redevelopment?State and federal governments often have greaterfinancial and technical resources, as well as moreadvanced programs geared toward brownfieldsredevelopment, than do local governments. Notonly are they able to provide grants, loans, techni-cal assistance, liability assurance, and oversightintervention, but also they may provide an um-brella under which local governments can func-tion, as well as frameworks to serve as models foremerging local departments and programs.For more information see section 2.3: StakeholderRoles.

What role can the private sector play inbrownfields redevelopment?Most commonly, private sector developers andlending institutions must be involved inbrownfields redevelopment to fill in the gapsamong government funding and technical assis-tance programs. Yet, many private organizationsfear financial and liability burdens surroundingremediation of contaminated sites. To assuagethose fears, programs including tax and buildingcode revisions, liability assurances, and voluntarycleanup agreements are available or under devel-opment in most states.For more information see section 2.3: StakeholderRoles.

How have local governments used public-privatepartnerships in brownfields redevelopment?Though public-private partnerships can bedifficult to forge and manage, a private partner canbring new resources and strategies that a localgovernment does not have. Provo, Utah’s experi-ence in working with U.S. Steel exemplifies boththe types of obstacles a local government may faceand ways to overcome such obstacles.

For more information see section 7.5: Public-Private Partnerships.

What are some ways that different localgovernment agencies coordinate their effortswhen they each have a role in a brownfieldsredevelopment project?Different local governments have different struc-tures, and in brownfields redevelopment, manylocal governments may be involved in some aspectof one brownfields project. Though the organiza-tional structure and the number of agenciesinvolved in brownfields may vary among localgovernments, Philadelphia’s model demonstratessome strategies that could work, or be modified towork, for other cities and communities.For more information see section 7.3: LocalGovernment Intracoordination.

Community Issues

How can an entire community be educated onbrownfield redevelopment issues?The best forms of community outreach are educa-tion and direct contact. Education on brownfieldsredevelopment issues may be accomplishedthrough pamphlets, workshops, and site visits.Contact may be established by convening townmeetings and seminars, as well as by door-to-doorefforts in neighborhoods especially close tobrownfields sites. Most important, staff membersmust be properly trained to deal with diversemembers of a community and to reach citizensthrough appropriate channels and language.For more information see section 2.7: Partnershipsand Community Involvement, Outreach, andEducation; section 3.6: Public Education.

What role can a community play in brownfieldsredevelopment?The term “community” can refer to numerousfacets of brownfields redevelopment. For example,a community may refer to an ethnic, racial, orcultural neighborhood, to an alliance of businessowners, or to the general public. To addressbrownfields redevelopment effectively, however,one must view the community as all stakehold-ers—regardless of perceived or actual member-ship—affected by local brownfields and subse-

| 11 |CHAPTER ONE: INTRODUCTION

quent redevelopment projects. Therefore, allredevelopment strategies must acknowledgestakeholder interests, with the understanding thatcommunity members will voice opinions whencalled upon.For more information see section 2.3: StakeholderRoles.

Why should decision makers promote and ensurecommunity involvement in the brownfieldsredevelopment process?Decision makers should consider communityneeds and feelings while planning for redevelop-ment because community members have to livewith the final product of redevelopment. Involvingcommunity members will help ensure that thefinal product benefits the community.For more information see section 3.2: LocalGovernment Strategies.

What tools are available for resolving disputesbetween stakeholders in the brownfieldsredevelopment process?One useful tool for resolving disputes betweenstakeholders in the brownfields process is alterna-tive dispute resolution (ADR), a process thatinvolves the facilitated and mediated negotiationsas alternatives to litigation or conventionalnegotiation.For more information see section 3.3: AlternativeDispute Resolution.

Why should decision makers considerenvironmental justice when planning abrownfields redevelopment?Decision makers should consider environmentaljustice issues because many brownfields arelocated in communities and areas that are pre-dominantly made up of minority, low-incomepopulations, or both. Identifying environmentaljustice factors early in the decision-makingprocess helps ensure that redevelopment benefitsthe community.For more information see section 3.5: Environmen-tal Justice.

What role can local government officials play incommunication about risk?Local government officials can act as facilitators orcommunicators between risk assessors and thepublic. The role of communicator will help localofficials fulfill their duties to protect public healthand to improve the community’s quality of life.The local official acts as facilitator by exchanginginformation among risk assessors, risk managers,and the public. Local officials can also ensure thatthe concerns of the entire community are heardand that members of disadvantaged communitiesare not left out of the process.For more information see section 3.4: RiskCommunication.

What are the benefits of risk communication?The benefits of risk communication include(1) informing the public of risks so that it canmake an informed decision about matters thatmay impact its health and safety; (2) establishingcredibility among citizens, local government,and industry; (3) making technical data andpolicy information accessible to the public; and(4) providing the media with accurate informationso that they can disseminate it to the public.For more information see section 3.4: RiskCommunication.

Why is public education essential to brownfieldsredevelopment?Public education is essential because little infor-mation is available to individuals and communi-ties concerning brownfields and redevelopmenttechniques. Public education can provide informa-tion to communities on how to clean up a site andhow to prevent future contamination of redevel-oped sites.For more information see section 3.6: PublicEducation.

Is funding available for public educationprograms?Yes, EPA and many other federal agencies andnonprofit organizations provide funding for thesetypes of programs.For more information see section 3.6: PublicEducation.

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Why is job training an important part of thebrownfields redevelopment process?Many brownfields sites are located in low-incomeand minority communities where unemploymentrates are high. Job-training programs can helpremedy high unemployment rates by teachingparticipating community members the skills andknowledge needed to work in the environmentalfield, including skills specific to cleaning up thebrownfields in their community.For more information see section 3.6: PublicEducation.

What kind of funding is available for job-trainingprograms?Several federal agencies offer funding for jobtraining at brownfields cleanups. Some of thoseagencies include EPA, the U.S. Department ofJustice, the U.S. Department of Transportation, theU.S. Department of Veterans Affairs, and the U.S.Department of Labor.For more information see section 3.6: PublicEducation.

Cleanup and Land Use

What determines if contamination presents athreat to a community?The process of risk assessment evaluates thepotential threats to human health and the environ-ment caused by contamination.For more information see section 4.2: RiskAssessment.

How can considerations of risk affectenvironmental cleanup at brownfields?If specific information is available about whatlevel of cleanup is needed to protect health andthe environment, remediation measures can bedesigned that are more cost effective than theywould otherwise be. Many states’ hazardous wastelaws permit cleanup standards based on risk.For more information see section 4.2: RiskAssessment.

How is the future use of a site determined?Land use assumptions are developed based onstate regulations, local land-use plans, communitypriorities, environmental limitations, and various

of other readily available documentation andliterature. These assumptions are then comparedand evaluated.For more information see section 4.3: Land Use inRemedy Selection.

Is there a guarantee that a site cleaned up toindustrial standards will not become aplayground someday in the future?There is no 100 percent guarantee, but correctlyapplied institutional controls provide a legalsafeguard against changing land uses on risk-basedcleanup sites.For more information see section 4.4: InstitutionalControls.

What measures can be used to control future landuse at sites where risk-based cleanup standardsare used?Controls of future land use, or institutionalcontrols, generally fall into two categories:(1) government controls, such as a variety ofzoning tools, and (2) private controls, such ascovenants or easements.For more information see section 4.4: InstitutionalControls.

How can local governments ensure stable long-term management of brownfields sites?Effective long-term management of brownfieldsfacilities is based on several factors that can beaddressed before groundbreaking. First, manage-ment plans must be comprehensive to addresspresent, and to anticipate future, concerns andbumps in the road. In addition, plans must be firmenough to establish credibility but flexible enoughto accommodate issues of staff and politicalturnover. Plans must also be based on realisticgoals that were contrived with the input of asmany community stakeholders as possible.Finally, local governments must work carefully tomanage stakeholder expectations to ensuresustained support for redevelopment initiatives.For more information see section 8.2: CommunityDevelopment and Land-Use Planning; section 8.3:Institutionalizing Staff Knowledge and Resources;section 8.4: Maintaining Funding and TechnicalAssistance; section 8.5: Preparing for the Future;and section 8.6: Policy Development.

| 13 |CHAPTER ONE: INTRODUCTION

What is the best way to obtain information aboutvoluntary cleanup programs?Voluntary cleanup programs are administeredthrough state governments and are typicallysupervised by the environmental protection ornatural resources department of a stategovernment.For more information see Appendix IV: StateVoluntary Cleanup Programs.

How can local governments facilitate communityland-use planning?The most important way to ensure communitysatisfaction with land-use plans is to make everyeffort to reach and include stakeholder opinions todevelop comprehensive redevelopment initiatives.In turn, local governments should seek to integrateinnovative programs and technologies into plan-ning regimens tailored for each site or districtwithin a community. Finally, local governmentsmust do their homework and learn from their ownfailures and successes as well as those of othercommunities.For more information see section 8.2: CommunityDevelopment and Land-Use Planning.

Redevelopment

What are the major aspects involved inbrownfields redevelopment?Generally speaking, the major aspects ofbrownfields redevelopment can be broken downinto economic and non-economic issues. Eco-nomic issues include transportation and housinginitiatives that garner vast funding resources fromstate and federal agencies and that renovate transitand residential infrastructures within communi-ties. Non-economic issues embody initiatives thatprimarily convert and preserve undeveloped orhistorical areas to conserve intangible communityresources such as greenspaces, historical districts,and recreational areas. When synthesized, all ofthe aspects of brownfields redevelopment contrib-ute to the overall well-being of a community.For more information see section 5.3: Transporta-tion; section 5.4: Housing; section 5.5: Greenspace;section 5.6: Recreational; and 5.7: HistoricalPreservation and Brownfields.

What are the major barriers to infilldevelopment?Because of a range of misconceptions and fearsoften surrounding brownfields sites, local govern-ments must be cognizant of the private interests oflandowners, developers and business owners, andcitizens and neighborhoods in the vicinity of aproposed infill site. Common programs offered bylocal governments to combat such fears includetechnical assistance, liability assurance, financialsubsidy, and community involvement programs.By creating incentives for infill developmentefforts such as brownfields revitalization, localgovernments encourage community reinvestmentby demonstrating leadership and commitment tocommunity vitality. In addition, municipalauthorities lay groundwork for redevelopmentefforts among community stakeholders by shoul-dering the burden of complicated technical, legal,organizational, and financial tasks.For more information see section 5.2: InfillDevelopment.

What challenges and opportunities typify ruralbrownfields?Rural brownfields are different because theyusually possess qualities that are the reverse ofthose at contaminated sites in urban settings.Rural communities are typically geographicallyisolated, lack financial and technical resources,and have vast amounts of undeveloped land.Often, such factors lead rural communities tooverlook the advantages of redevelopment.However, brownfields renovation can be espe-cially prudent in rural communities because ofthe potential for economic revitalization and jobcreation.For more information see section 5.8: RuralBrownfields.

What challenges and opportunities typifywaterfront brownfields redevelopment?Waterfront brownfields redevelopment providesan example of a broad range of challenges andopportunities that can be effectively addressed topreserve land resources with great industrial,transportation, historic, recreational, and aestheticsignificance. However, these projects face chal-lenges linked to the twofold dilemma of massive,

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multijurisdictional watersheds and the physicalcharacteristics of water and the hydrologic cycle.Therefore, planning initiatives must be comprehen-sive not only to accommodate an extensive scale ofland and hydrologic factors, but also to coordinate abroad array of stakeholders. In addition, contamina-tion issues must be meticulously examined andmodeled before remediation because of the disper-sive nature of waterborne particles.For more information see section 5.9: WaterfrontBrownfields.

What challenges and opportunities typify militarybase reuse?Military base reuse illustrates two importantfactors of brownfields development: (1) the needfor creative program development among a singleagency or a small group of agencies, and (2) theconsequences to a “one-factory” town when apredominant industry leaves a community andeliminates numerous primary and support em-ployment opportunities. Most commonly, militaryinstallations with facilities used to produce orhouse highly toxic materials, such as arsenals ofchemical or nuclear weapons, are subject tojurisdictional requirements that supersede publiclaws and agencies. Therefore, military base reusedemonstrates a form of brownfields redevelop-ment where a single institution or a few institu-tions must develop appropriate funding andremediation protocols to address contaminationand economic concerns.For more information see section 5.10: MilitaryBase Reuse.

What kind of roles have universities and localacademic institutions had in brownfieldsredevelopment?Working with universities can provide a commu-nity or local government with resources that itmay not have access to otherwise. Establishingthese lines of communication could also lead toother opportunities for collaboration. Universitystaff members and students with knowledge andexperience in brownfields-related subjects suchas planning may lend their expertise to a localproject.For more information see section 7.2: UniversityPartnerships.

How can gentrification be avoided in brownfieldsredevelopment?To avoid the gentrification of disadvantaged orlower-income neighborhoods, redevelopmentstrategies must account for those districts whenplanning and projecting the effects of revitaliza-tion. To do so, local governments and communitydevelopment commissions must provide opportu-nities for all stakeholders to contribute to theplanning process. Therefore, city planners mustengage the proper channels for communityoutreach so that the special interests of communi-ties intended to be revitalized are not isolatedfrom the benefits of brownfields development.For more information see section 8.6: PolicyDevelopment.

How can local governments promote non-economic uses of remediated brownfields?In addition to structural and economic revitaliza-tion, renovated brownfields may be converted toundeveloped open space after remediation. Whilemany lenders and developers are influenced byfinancial returns on real estate, communities maybenefit from parks within or on the fringes ofmetropolitan areas. These renovated parcels ofland may be reforested or simply left to growunhindered as natural urban buffers. Localgovernments are able to promote such practicesby packaging these projects as community openspace and recreational resources available for theenjoyment of all citizens.For more information see section 8.6: PolicyDevelopment.

How can a community measure the success ofbrownfields redevelopment?Economically, increased tax revenues fromconstruction and new residential, commercial,and industrial establishments, as well as newemployment opportunities, indicate the benefits ofbrownfields redevelopment. Along the same lines,measures such as the number or acreage of sitesremediated from derelict to productive propertiesdemonstrate changes for the better within commu-nities. With respect to issues of environmentaljustice and improved livelihoods among commu-nity members, standards may need to be furtherdeveloped or even left intangible. Instead of

| 15 |CHAPTER ONE: INTRODUCTION

relying on a numerical formula, local governmentscan ensure the well-being of citizens throughsustained outreach and feedback after redevelop-ment projects.For more information see section 8.6: PolicyDevelopment.

What is the best way to select a remedialtechnology for a brownfields site?Brownfields remedial technologies are as differentas the sites they are used to clean up. Like mostbrownfields and environmental issues, numerousinterconnected factors relating to local geology,hydrology, and human ecology must be consideredbefore selecting from an expanding list of innova-tive remedial technologies. In addition, projectlimitations including budget and time frame affectdecisions concerning what techniques are mostappropriate for a specific project.For more information see Appendix V:Brownfields Remediation Technologies.

Financing

What is an EPA Brownfields Pilot grant and howcan a local government apply for one?A Brownfields Pilot grant is an award of up to$200,000 to a local, state, or tribal government thatcan be used for activities before cleanup. Eligibleactivities include identification, assessment,characterization, and cleanup planning atbrownfields sites. The grants are awarded througha competitive process. A local government inter-ested in applying should obtain an applicationfrom EPA.For more information see section 6.2: PublicFinancing.

How can developers use revolving loan funds inbrownfields redevelopment?Revolving loan funds are loans made from afunding source at low interest rates that areeventually circulated back into a pot of moneyenabling more loans to be made. EPA is currentlyoffering Brownfields Cleanup Revolving LoanFunds, which local governments can use to attractdevelopers.For more information see section 6.2: PublicFinancing.

How do banking regulators affect financing forbrownfields development?State and federal financial regulators require somelenders, including banks and savings and loans,to limit the level of risk in their lending portfolio.As a result, lenders may not make loans foractivities that are perceived as risky by regulators(e.g., the redevelopment of contaminated proper-ties). Several regulatory agencies, including theFederal Deposit Insurance Corporation, the Officeof the Comptroller of the Currency, and the Officeof Thrift Supervision, have issued specific policiesconcerning environmental risk.For more information see section 6.4: BankingPolicies and Regulations.

What can be done to reduce lenders’ concernsabout brownfields redevelopment?Strategies for reassuring lenders include enactingnew federal and state laws and regulations thatminimize the risks of lender liability, providingexamples of lenders that have successfully madeloans for brownfields reuse, and developingstrategies such as environmental insurance toensure that funds are available to cover unex-pected remediation costs.For more information see section 6.3: PrivateFinancing.

What other incentives can the public sectorprovide for private sector involvement inbrownfields development?Many of the traditional economic developmentincentives, such as infrastructure developmentand tax abatements, can easily apply tobrownfields sites. In addition, some specialincentives, including grants for preliminaryenvironmental assessments and streamlinedregulatory processes, may encourage brownfieldsdevelopment.For more information see section 6.2: PublicFinancing.

BROWNFI ELDS REDEVELOPMENT: A GUIDEBOOK FOR LOCAL GOVERNMENTS AND COMMUNITIES| 16 |

Can state economic development tools help withbrownfields?A number of state agencies provide grants, loans,and tax incentives to developers of brownfields.In addition to providing state VCPs, many statesimplement their own loan, grant, or tax incen-tive programs to help encourage brownfieldsredevelopment.For more information see section 6.2: PublicFinancing.

How can a local government identify other areaorganizations that are receiving federal fundingto work on brownfields-related issues?There is no single source for identifying recip-ients of federal funding, but the regional EPA

brownfields coordinator can provide informationand suggest contacts at other federal agencies.For more information see Appendix I: FederalInteragency Working Group Summary andContacts.

1See 42 U.S.C. section 9604(a)(1)(B).

2This perception is changing with the announcement of the

Superfund Redevelopment Initiative (July 1999), whichcreates EPA pilot programs to look at ways to redevelopor reuse Superfund sites.

| 17 |CHAPTER ONE: INTRODUCTION

Exhibit 1.1: Local Government Decision Tree for Brownfields Redevelopment

2.1Overview

Redeveloping contaminated property is often a project that extends be-

yond local resources and necessitates partnering. Other governments or

their agencies—be they local, state, or federal—can provide a city with

the human and financial resources as well as technical assistance that it

needs. Local, state, and federal governments or agencies can all play roles

in implementing comprehensive redevelopment projects that consider

the social, cultural, economic, and environmental aspects of brownfields.

Likewise, community development corporations, universities, nongov-

ernmental organizations, and private industry are all important partners

and stakeholders in brownfields redevelopment.

C H A P T E R 2

PARTNERSHIPS IN BROWNFIELDS REDEVELOPMENT

BROWNFI ELDS REDEVELOPMENT: A GUIDEBOOK FOR LOCAL GOVERNMENTS AND COMMUNITIES| 20 |

The following sections examine the variousroles that stakeholder groups may play in theprocess of revitalizing communities throughbrownfields and economic redevelopment:

2.2 Components of Partnership2.3 Stakeholder Roles2.4 Planning2.5 Environmental Programs2.6 Economic Planning2.7 Community Involvement, Outreach, and

Education2.8 Public Health2.9 Coalition Building and Relationships2.10 Preventing Staff Turnover2.11 Expanding Community Involvement, Out-

reach, and Education2.12 Increasing Stakeholder Involvement2.13 Managing Expectations2.14 Voluntary Cleanup Programs2.15 Conclusion

2.2Components of Partnership

Local governance relies on the coordination ofvarious multijurisdictional agencies and multi-disciplinary professionals, as well as all membersof the general public. In order to facilitate suchcoordination efforts, an approach must be imple-mented that accommodates the interests of adiverse group of stakeholders and addresses issuesin a practical and integrated manner. Two essentialaspects of such a strategy are a team approach andan effective means of communication.

The Team ApproachMany brownfields pilot projects use the projectteam approach, a popular method to maximizeindividual stakeholder efforts and to unify sepa-rate redevelopment efforts by creating buy-in tothe overall objectives among the partners. Thismethod enables stakeholders to fulfill theirindividual project responsibilities while keepingfocused on overall project objectives. Assembling

a team to carry out brownfields redevelopment canhelp create a sense of solidarity among localgovernment representatives, community groups,residents, and private sector partners. Localgovernments using the team approach havedemonstrated the following:

• Employing a team-based strategy helps toacquire technical assistance and to shareinformation;

• Using team meetings generates synergy forthe project and brings diverse groups to-gether; and

• Committing human capital, involving thepublic and private sector, and buildingconsensus are invaluable assets to achievingproject or program goals.

CommunicationSuccessful coordination requires open lines ofcommunication between staff members of thebrownfields program and its key stakeholders.Most successful projects require that everyoneinvolved be in the communication loop and awareof project activities. Often, communication can beimproved just by having a brownfields coordinatorwho can act as the central point of contact.Holding regular meetings with all stakeholdersand circulating newsletters are practical commu-nication strategies.

How different forms of communication areused depends on the structure of the brownfieldsprogram and on the stakeholders involved. Insurveys, local governments have reported thatincreased communication has benefited theircoordination efforts in the following ways:

• Increased communication prevents confu-sion and duplicative efforts that can slow theredevelopment process;

• Quarterly meetings supplemented bysmaller, more frequent, project-specificmeetings present opportunities for brown-fields partners to discuss the status of rede-velopment projects and to identify ways toimprove the process;

| 21 |CHAPTER TWO: PARTNERSHIPS