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KEY ADVANTAGES 6 TO RECENT OPPORTUNITY ZONE REGULATION CHANGES

KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

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Page 1: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 1 –

KEY ADVANTAGES6TO RECENT OPPORTUNITY ZONE REGULATION CHANGES

Page 2: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 2 –

Introduction

Qualified Opportunity Zones (QOZ) were created by the 2017 Tax Cuts and Jobs Act. These zones are designed to spur economic development and job creation in distressed communities throughout the country by providing tax benefits to investors who invest eligible capital into these communities. Taxpayers may defer tax on eligible capital gains by making an appropriate investment in a Qualified Opportunity Fund (QOF) and meeting timing and public benefit requirements.

Although well intentioned, the Opportunity Zone program guidelines initially suffered from a lack of clarity in several key areas, which prevented many investors from participating. In response to widespread feedback, the IRS published two sets of proposed regulations in late 2018 and mid-2019, followed by final regulations in December 2019. These final regulations amended and demystified the rules in several significant ways.

The IRS published final regulations in December 2019. Amending and demystifying the rules in several significant ways...

Of particular note was the newly established preferential treatment for real estate redevelopment, particularly toward brownfields and sites in need of environmental remediation.

Up until the final regulations in December of 2019, there was a general lack of confidence within the investment community when it came to how brownfield redevelopment and similar projects might be treated by tax officials. A substantial portion of these issues have now been addressed.

What follows is a high-level overview of the Opportunity Zone program, a guide to six of some of the most meaningful changes for land redevelopment included in the final regulations, and information on where to turn for quick and cost-effective assistance when it comes toenvironmental remediation.

Page 3: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 3 –

Working with environmental consultant partners, REGENESIS offers the tools and resources to effectively remediate blighted properties that qualify for opportunity zone tax credits.

Once an understanding of the details and key changes of the final regulations are achieved and the right partners are in place to help navigate the redevelopment process, serious financial benefits are well within reach.

Once an understanding of the details and key changes of the final regulations are achieved and the right partners are in place to help navigate the redevelopment process, serious financial benefits are well within reach.

Choosing the Right Properties and the Right PartnerThese improvement requirements make brownfields strong Opportunity Zone investment candidates since such areas are in need of improvement by definition. By integrating site cleanup with wider community investment plans, investors and developers can live up to the intentions of the Opportunity Zone legislation and ensure maximum tax benefits are received. Choosing the right environmental remediation partner is crucial to ensuring a quick and cost-effective project.

At REGENESIS®, and its Land Science division, a team of scientists and engineers boast decades of combined experience in the planning, design, and application of remediation services at brownfields and similar sites.

QOF makes equity investments in “Opportunity Zone” Businesses within 6-12 months of raising capital

3

An Overview of the Opportunity Zones ProgramInvestors invest deffered gain (defined below) into areas in need of revitalization, in order to improve the lives of those living within the opportunity zone, and in exchange receive substantial tax benefits.

QUALIFIED OPPORTUNITY FUND (QOF) DEFINITION: LLC, C - Corp, S-Corp, Partnership created to invest in Opportunity Zones. A QOF must conduct business within an Opportunity Zone, and 90% of its assets must be invested in Qualified Opportunity Zone Property (QOZBP).

QUALIFIED OPPORTUNITY ZONE BUSINESS PROPERTY DEFINITION: Land located within an Opportunity Zone that meets either the ‘Original Use’ or ‘Substantial Improvement’ requirements.

ORIGINAL USE DEFINITION: Land whose development brings new assets to the community.

SUBSTANTIAL IMPROVEMENT DEFINITION: Property whose redevelopment improves existing assets within the community.

Investors sell-offassets, generatecapital gains1 Gains invested in

“Opportunity Fund”within 6 months2

Tax on original gains is deferred until earlier of eitherdate investment is sold or 2026

Investors hold QOF interest for 5+ Years4

Original tax payable reduced by:10% if held for 5+ Years15% if held for 7+ Years

Investors “Cash Out” of QOF after 10+ Years5No capital gains tax owed on appreciation of investment if held for 10+ years

QOF makes equity investments in “Opportunity Zone” Businesses within 6-12 months of raising capital

3

An Overview of the Opportunity Zones ProgramInvestors invest deffered gain (defined below) into areas in need of revitalization, in order to improve the lives of those living within the opportunity zone, and in exchange receive substantial tax benefits.

QUALIFIED OPPORTUNITY FUND (QOF) DEFINITION: LLC, C - Corp, S-Corp, Partnership created to invest in Opportunity Zones. A QOF must conduct business within an Opportunity Zone, and 90% of its assets must be invested in Qualified Opportunity Zone Property (QOZBP).

QUALIFIED OPPORTUNITY ZONE BUSINESS PROPERTY DEFINITION: Land located within an Opportunity Zone that meets either the ‘Original Use’ or ‘Substantial Improvement’ requirements.

ORIGINAL USE DEFINITION: Land whose development brings new assets to the community.

SUBSTANTIAL IMPROVEMENT DEFINITION: Property whose redevelopment improves existing assets within the community.

Investors sell-offassets, generatecapital gains1 Gains invested in

“Opportunity Fund”within 6 months2

Tax on original gains is deferred until earlier of eitherdate investment is sold or 2026

Investors hold QOF interest for 5+ Years4

Original tax payable reduced by:10% if held for 5+ Years15% if held for 7+ Years

Investors “Cash Out” of QOF after 10+ Years5No capital gains tax owed on appreciation of investment if held for 10+ years

Page 4: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 4 –

Satisfying the ‘Original Use’ TestSince the initial regulations were released, investors have known that to qualify for preferential capital treatment, Opportunity Zone investment properties must either satisfy the ‘original use’ test – meaning the property development brings a new business into the zone that creates jobs or expands the options available to the zone’s residents – or be ‘substantially improved’ via additional investment equal to the basis in the property on the acquisition date. Although this was clear enough in principle, further explanation was needed in regard to the particulars of these tests.

Final Regulations are Far More Detailed in Regard to Brownfield RedevelopmentLand developers know all too well that remediation is required in the redevelopment of many tracts of real estate, brownfields being perhaps the most obvious example. Fortunately, the final regulations are far more detailed in regard to brownfield redevelopment and environmental remediation than previous iterations when it comes to these specific threshold tests.

Opportunity Zones are meant to target chronically underserved communities, and it must be expected that land improvement and environmental remediation will be a critical need for many of these sites.

#1 Satisfying the ‘Original Use’ and ‘Substantial Improvement’ Tests

For example, prior to final regulations, ‘substantial improvements’ did not take into account land costs. In other words, any cost for environmental remediation would not qualify for preferential capital treatment. This seemed to make little sense. Opportunity Zones are meant to target chronically underserved communities, and it must be expected that land improvement and environmental remediation will be a critical need for many of these sites.

‘Original Use’: The property development brings a new business into the zone that creates jobs or expands the options available to the zone’s residents.

‘Substantial Improvement’: The property development improves the availability, aesthetics and value of the zone’s housing or commercial options.

Page 5: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 5 –

As stated in the release, “Cleaning up and reinvesting in [brownfields] increases local tax bases, facilitates job growth, utilizes existing infrastructure, takes development pressures off undeveloped, open land, and improves and protects the environment.”2 Going further, the final regulations clarify that “all real property composing a brownfield site, including land and structures located thereon,”3 will be treated by the IRS as satisfying the ‘original use’ test.

Work Must Still Be Done to Improve Health & Environmental StandardsThis is a positive update for investors in brownfield sites who do not wish to alter the existing use of a property or where certain structures simply cannot be taken down, either due to cost or historical significance. It is clear now that the ‘original use’ of these structures does not necessarily need to commence with the investment. However, work must still be done to improve the human health and environmental standards on site to qualify for tax incentives. REGENESIS and Land Science can help accomplish this goal with proven, cost-effective solutions to address many of the most common remediation needs for new and existing structures in brownfields.

It is clear now that the ‘original use’ of these structures does not necessarily need to commence with the investment.However, work must still be done to improve the human health and environmental standards on site to qualify for tax incentives.

Page 6: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 6 –

Improvements from Remediation Efforts Viewed Favorably for ‘Original Use’ Test

All of the solutions shown above address a fundamental contamination need that investors and land developers are likely to encounter on brownfield sites. The final regulations make clear that the improvements achieved by these solutions will be viewed favorably in ‘original use’ test judgments.

In regard to the ‘substantial improvement’ test, the final regulations also provide clarity for developers by stating, “Remediation of contaminated land is taken into account for determining if the land has been more than minimally improved, and that the Qualified Opportunity Fund (QOF) or QOZ business must make investments into the brownfield site to improve its safety and environmental standards.”4

The regulations go on to list a variety of specific costs that are to be considered ‘substantial improvements’ including brownfield site assessment and remediation, necessary site preparation costs including remediation and utility upgrades, required permits, professional fees, and more.

Choosing the Right Remediation Partner is Key This updated language is again favorable for investors conducting environmental remediation work on brownfields. However, the possibility still remains that, if the site is judged as only ‘minimally improved’, then the threshold test may not be passed. For this reason, it is important to choose a remediation partner who offers a full suite of remediation technologies as opposed to just a single solution. REGENESIS and Land Science offer a multitude of highly effective standalone technologies that can also be combined together for maximum remediation results.

For example, many brownfields are located on former manufacturing sites where chlorinated volatile organic compounds (CVOCS) are likely to be found in the groundwater. Plumes may extend for miles and affect nearby storm water systems or residential sumps. In such situations, multiple remedies are necessary.

It is important to choose a remediation partner who offers a full suite of remediation technologies as opposed to just a single solution.

Page 7: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 7 –

Test to Understand Vapor Intrusion ExposureOne health risk common to brownfields is vapor intrusion from subsurface contaminants into occupied spaces. Testing should be conducted to understand whether this is a threat for properties being invested in. If so, Land Science, a division of REGENESIS, offers solutions to protect occupants of both existing buildings and new construction.

Existing structures with vapor mitigation needs can benefit from Retro-Coat®, an aesthetically-pleasing and chemically resistant coating that can be easily applied to building surfaces so that existing slabs do not need to be removed. The solution is odorless and fast-curing, which is valuable in minimizing disruptions to sites with ongoing operations.

New Vapor Intrusion Mitigation Solution for Large Warehouse Construction For new large warehouse construction projects on brownfields with vapor mitigation needs, MonoShield® is a highly effective, metallized, single-sheet barrier system to address low-level vapor contaminants. Not only does the 30-mil composite MonoShield system offer superior durability and constructability compared to thin-mil plastic sheets, it can also be installed up to 40% faster than alternative plastic sheeting or high-density polyethylene (HDPE) systems, which saves money by reducing contractor costs and abbreviating the overall development timeline. And for properties requiring the highest level of protection against vapor intrusion, Land Science offers TerraShield®, lab-proven to offer 100x the chemical resistance as compared to other passive VI systems.

#2 ‘Original Use’ Test Can Apply to Chemically Resistant Coating Solution for VI

Page 8: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 8 –

A Combined Remedy Using VIM and Bioremediation is RecommendedA vapor intrusion mitigation (VIM) system such as Retro-Coat or TerraShield may be needed to protect residents whose homes are affected. Next, a dechlorination solution may be required to treat the CVOCs themselves. Biological treatments such as Hydrogen Release Compound® (HRC) and 3-D Microemulsion® (3DME) from REGENESIS are uniquely powerful in degrading CVOCs into harmless constituents. Both HRC and 3DME are slow release amendments that can remain active for upwards of five years.

This allows for the active ingredients to continually move through the subsurface for an increased likelihood of contact with contaminants. Unlike many other subsurface amendments, 3DME is also specifically engineered for self-distribution, decreasing the number of necessary injection points, which can save a significant amount of time and money.

In Situ Barriers Using PlumeStop Capture and Destroy a Wide Range of Contaminants Finally, ongoing migration of residual CVOCs must also be prevented, in which case, underground barriers to protect against contaminated groundwater may be installed. PlumeStop® is a liquid activated carbon solution that can be easily injected into the subsurface to capture and biodegrade a wide range of contaminants, including CVOCs. With PlumeStop, polluted aquifers are actively converted into effective filters due to the targeted injection of purifying colloidal activated carbon micro-particles that coat the area’s subsurface and sorb to any potential contaminants.

The combination of these innovative technologies makes for a complete remediation solution that is certain to substantially improve brownfields and other prospective development sites. Investors and land developers partnered with REGENESIS to remediate these sites can rest assured that the ‘substantial improvement’ test is more than being met due to the comprehensive set of solutions made available to them.

#3 In Situ Barriers Can Quickly Reduce CVOC’s and Meet ‘Original Use’ Test

The combination of all of these innovative technologies together makes for a complete remediation solution that is certain to substantially improve brownfields and other prospective development sites.

Page 9: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 9 –

Investors Need to Demonstrate Intentions to Substantially Improve Land To account for the possibility of unproductive land speculation in which land is acquired without the intention of timely redevelopment, the initial regulations put forth rules against ‘insubstantially improved’ land. Essentially, if investors do not demonstrate an intention to substantially improve land within 30 months after the date of purchase, then preferential capital treatment would not be granted, even if some minimal improvements were completed. Much was left open to interpretation by the rather ambiguous language of this clause, causing discomfort among many potential investors.

Grading, Clearing, and Remediation are Now Considered Improvements However, the final regulations provide investors and developers a list of activities that are to be taken into account toward judging the “intention to improve the land by more than an insubstantial amount,”5 which include grading, clearing, and contamination remediation of the specified land. This set of clearer expectations should ease the concerns of those who previously felt unsure whether the capital they put to work toward improving heath and environmental standards would be treated favorably in

Final regulations provide investors anddevelopers a list of activities that are to be taken into account toward judging the “intention to improve theland by more than an insubstantial amount,” which include grading, clearing, and contamination remediation of the specified land.

#4 Judgments on Mitigating Unproductive Land Speculation

Page 10: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 10 –

the context of Opportunity Zones. The change should encourage more capital deployment into brownfields and other such sites without concerns about whether these activities will be judged as “unproductive.”

An experienced remediation partner is once again a critical component to overcome any possible doubts from regulators as to the intentions of the brownfield investor or land developer. Our dedicated team of scientists and engineers at REGENESIS work with clients through every step of the remediation process, including the planning and pre-development stage. Common activities at this stage include reviewing site maps, subsurface geology, groundwater geochemistry, and other data to ensure that the remedial design is optimal. If data gaps are identified then pre-treatment studies and tests are conducted to ensure implementation goes smoothly when it does begin.

Early Stage Efforts Ensure that Intentions are Clear This wide-ranging early stage approach separates REGENESIS from other remediation solution providers, and in the context of Opportunity Zone development, ensures that the intentions of investors and developers are clear even if the application of a remediation solution is delayed longer than expected. This is vital for those who wish to receive the full benefits of the Opportunity Zone tax incentives and not be inaccurately assessed as mere land speculators.

REGENESIS’s early stage approach ensures success, allowing those who wish to receive the full benefits of the OZ tax incentives and not be inaccurately assessed as land speculators

Page 11: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 11 –

Details Surrounding the Working Capital Safe Harbor Rules

Experienced land developers and real estate investors are accustomed to project delays that may result from any number of conditions. The working capital safe harbor rules were introduced in the first round of proposed regulations to address these realities by providing a 31-month window in which investors would not be punished for failing to deploy capital into properties as long as certain criteria was met. Due to ongoing questions regarding these rules, the final regulations laid out additional details.

Extension for Opportunity Zone Sites Located in Federal Disaster Areas First, the final regulations state that if a project is delayed due to a natural disaster and the Opportunity Zone is located in a federally declared disaster area, then the working capital safe harbor is extended from 31 months to 55 months. For those investing in areas commonly subject to issues such as hurricanes or wildfires, this may help offset some capital risk.

Regarding governmental delays, the final regulations state that, “If a governmental permitting delay has caused the delay of a project covered by the 31-month working capital safe harbor, and no other action could be taken to improve the tangible property or complete the project during the permitting process, then the 31-month working capital safe harbor will be tolled for a duration equal to the permitting delay.”6

Updated Regulations Help Ensure Developers are in a Good Position It is not uncommon for redevelopment projects on brownfield or federal Superfund sites, where hazardous contamination is known to be present, to experience such operational delays due to the public oversight and community engagement typically required prior to the commencement of work. These updated regulations help to ensure that those responsible for such activities are still in a good position to reap the benefits of the Opportunity Zone tax incentives.

Final regulations state that if a project is delayed due to a natural disaster and the Opportunity Zone is located in a federally declared disaster area, then the working capital safe harbor is extended from 31 months to 55 months.

#5 Additions to the 31-Month Working Capital Safe Harbor

Page 12: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 12 –

Even with these timing buffers in place, the right remediation partner is critical to ensure that delays take no longer than necessary and that once work commences, results are generated quickly. A major advantage of many REGENESIS and Land Science solutions are their streamlined installation processes and the quick and effective results proven on a wide variety of brownfield sites.

PersulfOx is a Quick and Safe Approach to Destroy Organic Contaminants An example of a quick, safe, and effective approach includes PersulfOx®, an in situ chemical oxidation reagent that destroys organic contaminants found in groundwater and soil through controlled chemical reactions. It is commonly applied on sites contaminated with petroleum hydrocarbons such as gas stations and others with chlorinated solvent issues.

Unlike other treatments, PersulfOx arrives on-site as an oxidant already mixed with a solid-state catalyst. Simply adding water completes the pre-installation process. By reducing the time required to prepare for delivery, PersulfOx ensures a quick implementation. In addition to PersulfOx, REGENESIS also offers PetroFix to address petroleum hydrocarbon contaminants. PetroFix™, a cost-effective, dual-functioning activated carbon solution,

PlumeStop® is a liquid activatedcarbon solution that can be easilyinjected into the subsurface to captureand biodegrade a wide range ofcontaminants, including CVOCs.

is designed to remediate petroleum spills and provide immediate results for gas station and underground storage tank (UST) sites. This safe and effective technology works to reduce contaminants within days of application and can be used in excavations and direct push applications. This helps to not only drive down costs but also gives investors and land developers the best chance at staying within such pre-determined timelines as the working capital safe harbor. Being able to meet such timelines could be the difference between receiving Opportunity Zone tax incentives or not.

Seamless Implementation is Assured Throughout the Process Additionally, the REGENESIS team can help reduce the burden of navigating the governmental oversight process and ensure that the implementation of remediation technologies is seamless once approvals are granted due to our vast working knowledge of how to effectively overcome the complexities of working with the government. Our approach to each remediation project is proven to help generate fast results, minimize disruptions, and save money without sacrificing results.

#6 Selecting a Remediation Partner Can Help Reach Target Goals Faster

Page 13: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

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Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 13 –

For those with a plan to invest in brownfields and similar sites, there are few legal means of investment as economically beneficial as the Opportunity Zone program. The significant clarifications and adjustments, specifically toward real estate redevelopment, pre-developmental activities, and environmental remediation within the final Opportunity Zone regulations, prove that regulatory officials are serious about allowing for developers and investors to generate value for themselves and local communities that suffer from hazardous contamination issues.

The right remediation partner can make all the difference in unlocking the potential of these chronically underserved properties, protecting capital investment, and cleaning up

Conclusion

sites that need it most. REGENESIS and Land Science offer an unmatched, comprehensive suite of proven remediation solutions along with a highly experienced staff of scientists and engineers who work with our clients every step of the way. We can assist any Opportunity Zone investment team achieve their desired remediation results in the most cost-effective and timely manner possible without missing out on any of the valuable tax incentives made clearly available by the final Opportunity Zone regulations.

The right remediation partner can make all the difference in unlocking the potential of these chronically underserved properties, protecting capital investment, and cleaning upsites that need it most.

Page 14: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 14 –

Proven Technologies for Remediation Success

PersulfOx® is an advanced in situ chemical oxidation (ISCO) reagent that destroys organic contaminants found in groundwater and soil through abiotic chemical oxidation reactions. It is an all-in-one product with a built-in catalyst which activates the sodium persulfate component and generates contaminant-destroying free radicals without the costly and potentially hazardous addition of a separate activator. The patented catalyst enhances the oxidative destruction of both petroleum hydrocarbons and chlorinated contaminants in the subsurface.

ORC Advanced® is an engineered, oxygen release compound designed specifically for enhanced, in situ aerobic bioremediation of petroleum hydrocarbons in groundwater and saturated soils. Upon contact with groundwater, this calcium oxy-hydroxide based material becomes hydrated producing a controlled-release of molecular oxygen (17% by weight) for periods of up to 12 months on a single application.

RegenOx® in situ chemical oxidation (ISCO) directly oxidizes contaminants while its unique catalytic component generates a range of highly oxidizing free radicals that rapidly and effectively destroy a range of target contaminants including both petroleum hydrocarbons and chlorinated compounds. RegenOx is an injectable, two-part ISCO reagent that combines a solid sodium percarbonate based alkaline oxidant (Part A), with a liquid mixture of sodium silicates, silica gel and ferrous sulfate (Part B), resulting in a powerful contaminant destroying technology.

3-D Microemulsion® is an injectable liquid material specifically designed for in situ remediation projects where the anaerobic biodegradation of chlorinated compounds through the enhanced reductive dechlorination (ERD) process is possible. ERD is the primary anaerobic biological process by which problematic chlorinated solvents such as tetrachloroethylene (PCE) and trichloroethene (TCE), dichloroethene (DCE) and vinyl chloride (VC) in groundwater are biologically transformed into less harmful end products such as ethene.

Bio-Dechlor INOCULUM® Plus (BDI Plus) is designed for use at sites where chlorinated contaminants are present and unable to be completely biodegraded via the existing microbial communities. BDI Plus is an enriched, natural microbial consortium containing species of Dehalococcoides sp. (DHC) which are capable of completely dechlorinating contaminants during in situ anaerobic bioremediation processes. BDI Plus has been shown to stimulate the rapid dechlorination of chlorinated compounds such as tetrachloroethene (PCE), trichloroethene (TCE), dichloroethene (DCE), and vinyl chloride (VC). It also contains microbes capable of dehalogenating halomethanes (e.g. carbon tetrachloride and chloroform) and haloethanes (e.g. 1,1,1 TCA and 1,1, DCA) as well as mixtures of these halogenated contaminants.

®

HRC® is an engineered, hydrogen release compound designed specifically for enhanced, in situ anaerobic bioremediation of chlorinated compounds in groundwater or highly saturated soils. Upon contact with groundwater, this viscous, poly-lactate ester material becomes hydrated and subject to microbial breakdown producing a controlled-release of hydrogen for periods of up to 18-24 months on a single application. HRC enables enhanced anaerobic biodegradation by adding hydrogen (an electron donor) to groundwater and/or soil to increase the number and vitality of indigenous microorganisms able to perform the naturally occurring process of enhanced reductive dechlorination.

S-MicroSul�dated Zero-Valent Iron

S-MicroZVI® is an In Situ Chemical Reduction (ISCR) reagent that promotes the destruction of many organic pollutants and is most commonly used with chlorinated hydrocarbons. It is engineered to provide an optimal source of micro-scale zero valent iron (ZVI) that is both easy to use and delivers enhanced reactivity with the target contaminants via multiple pathways. S-MicroZVI can destroy many chlorinated contaminants through a direct chemical reaction. S-MicroZVI will also stimulate anaerobic biological degradation by rapidly creating a reducing environment that is favorable for reductive dechlorination.

PlumeStop® Liquid Activated Carbon™ is a fast-acting groundwater remediation reagent which captures and biodegrades a range of contaminants, thus accelerating the successful treatment of impacted sites and leading to their permanent closure. As a science-based, in situ treatment technology, REGENESIS’ PlumeStop rapidly removes contaminants from groundwater and stimulates their permanent degradation.

Page 15: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 15 –

TerraShield® is a new, innovative dual-metalized vapor barrier system made up of multiple layers of protection. The barrier incorporates a spray-applied nitrile-advanced asphalt latex core as a key component. The result is a barrier tested to be 100x more effective protection as compared to older vapor mitigation technologies in recent laboratory tests.

MonoShield® is a 30-mil composite membrane incorporating an innovative metalized-film technology providing superior chemical resistance over traditional thin-mil plastic sheets. The metalized film is designed to provide a chemically resistant vapor barrier for brownfield redevelopment sites requiring preemptive vapor intrusion mitigation (VIM).

The Nitra-Seal® system is an improvement on older vapor barrier technologies. It features similar sheet composition and a much more chemically resistant spray-applied nitrile-advanced asphalt latex core material.

The Retro-Coat® Vapor Intrusion Coating System is a complete product line that consists of chemically resistant materials to properly protect existing structures from the threat of contaminant vapor intrusion. A vapor intrusion condition is most commonly found when the existing structure was operating as, or in close proximity to, a dry cleaner, gas station, or manufacturing facility.

References:

1. U.S. Department of the Treasury, Internal Revenue Service, Final Regulations on Opportunity Zones: Frequently Asked Questions, (Washington, DC: 2019), 2, https://home.treasury.gov/system/files/136/Treasury-Opportunity-Zone-Final-Regulations-FAQ-12-19-19.docx.

2. U.S. Department of the Treasury, Internal Revenue Service, 26 CFR Part 1, TD 9889, RIN 1545-BP04, (Washington, DC: 2019), 183, https://www.irs.gov/pub/irs-drop/td-9889.pdf

3. U.S. Department of the Treasury, Internal Revenue Service, 26 CFR Part 1, TD 9889, RIN 1545-BP04, (Washington, DC: 2019), 184, https://www.irs.gov/pub/irs-drop/td-9889.pdf

4. U.S. Department of the Treasury, Internal Revenue Service, 26 CFR Part 1, TD 9889, RIN 1545-BP04, (Washington, DC: 2019), 184, https://www.irs.gov/pub/irs-drop/td-9889.pdf

5. U.S. Department of the Treasury, Internal Revenue Service, 26 CFR Part 1, TD 9889, RIN 1545-BP04, (Washington, DC: 2019), 496, https://www.irs.gov/pub/irs-drop/td-9889.pdf

6. U.S. Department of the Treasury, Internal Revenue Service, 26 CFR Part 1, TD 9889, RIN 1545-BP04, (Washington, DC: 2019), 244, https://www.irs.gov/pub/irs-drop/td-9889.pdf

Page 16: KEY ADVANTAGES - regenesis.com€¦ · KEY ADVANTAGES TO RECENT OPPORTUNITY ZONE REGULATION CHANGES 3 Wh In Situ Remediation 5 When having to deal with soil or groundwater contamination,

- 3 -

Why In Situ Remediation?When having to deal with soil or groundwater contamination, there is no shortage of remedial options. There are many factors to consider when selecting the appropriate technology, including but not limited to contaminant type, subsurface conditions, and of course cost.

One of the first decisions is whether or not to go with an ex situ or in situ approach. Ex situ techniques include excavation, dual and multi-phase extraction, and thermal desorption. In situ techniques include chemical oxidation, bioremediation, and adsorption.

While some approaches can be effective if used in the correct situation and properly implemented, oftentimes, achieving site goals will require a combination of remedies in order to achieve the desired results.

Historically, remediation practitioners have only considered ex situ methods, but more and more today’s environmental professionals are turning to an in situ approach.

While ex situ approaches can be considered as part of any remediation plan, there are a variety of reasons why an in situ strategy can be a better option.

Achieving site goals will often require a combination of remedies in order to achieve the desired results.

– 16 –

WE’RE READY TO HELP YOU FIND THE RIGHT SOLUTION FOR YOUR SITE

www.regenesis.com1011 Calle Sombra Suite 110, San Clemente, CA 92673 | T: 949.366.8000©2018 All rights reserved. REGENESIS, PlumeStop, PersulfOx, 3-D Microemulsion, Chemical Reducing Solution, Bio-Dechlor Inoculum are registered trademarks of REGENESIS Bioremediation Products. All other trademarks are the property of their respective owners.

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www.REGENESIS.com1011 Calle Sombra, San Clemente, CA 92763 | T: 949-366-8000