Working Redevelopment and Reuse Into the Process: A Community Approach

Bill Denman: Remedial Project Manager and Superfund Redevelopment Coordinator, Region 4

Office of Superfund Remediation and Technology Innovation August 19, 2009 Superfund Redevelopment Seattle, Washington 6,400 RCRA sites

40,000 Superfund sites (removal and remedial)

Solar System of Contaminated Properties 450,000 to 600,000 Brownfields

100,000 to 200,000 Underground Storage Tank sites (abandoned)

2 Evolution of the Focus on Reuse

• and the passage of CERCLA

• SARA

• Reforms

• Superfund Redevelopment Initiative

• The Land Revitalization Action Agenda

• Performance measures

3 Superfund Redevelopment Initiative

Working with communities and other partners in considering future use opportunities and integrating appropriate reuse options into the cleanup process InIn July,July, SRISRI celebratedcelebrated itsits 1010thth Anniversary!Anniversary! Why consider reuse? • Helps Protect Human Health • Protects Site Remedies • Engages Local Communities • Brings Environmental and Social Benefits • Provides Local Benefits

6 TRIVIA Q: Don Felder (pictured here) grew up in Gainesville, Florida just a few blocks from the Koppers Creosote plant, now part of the Cabot/Koppers Superfund site. His father and grandfather worked as mechanics at the plant most of their lives and this was one of his motivations to learn to play the guitar. He became the guitarist for which famous rock band? A: The Eagles FITTING REUSE INTO THE CLEANUP PIPELINE

Stage 1: Developing Remedial Action Objectives Camilla, GA Case Study Stage 2: Remedy Selection Stage 3: Remedy Implementation Woolfolk Chemical Works Fort Valley, Georgia Stage 4: Long Term Stewardship Pepper Steel & Alloy Inc. Medley, Florida

9 Stage 1: Developing Remedial Action Objectives

Remedial Investigation and Feasibility Study

10 How does EPA consider reuse here?

• Discuss RAFLUs with local land use planning authorities, state, officials, property owner and the public

• 1995 Land Use Directive: Understand the RAFLU “Remedial action objectives provide the foundation upon which remedial cleanup alternatives are developed. In general, remedial action objectives should be developed in order to develop alternatives that would achieve cleanup levels associated with the reasonably anticipated future land use over as much of the site as 11 possible. What can a CIC do during the RI/FS?

• While you’re getting to know the community’s perspective on site hazards, also ask about their thoughts on the site’s future • The visioning activities, focus groups, fact sheets, presentations, telephone hotlines, and workshops that you may already be doing can easily incorporate a mindfulness about the site’s future use • Make sure the responsiveness summary includes any reuse-related comments that have arisen during the RI/FS 12 What can I do to understand what the reasonably anticipated land use is going to be?

13 Reference the reuse assessment

EPA’s Guidance, “Reuse Assessments: A Tool for Implementing the Land Use Directive” provides information about how future land uses are determined.

14 What does a reuse assessment do?

• Identifies broad categories of reuse • Supports remedy selection in the ROD • Should reflect what we know about a site • Explains EPA’s current level of understanding and certainty relating to future use • Describes data elements needing clarification to better anticipate the RAFLU http://www.epa.gov/superfund/community/relocation/reusefinal.pdf

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Residential Ecological Commercial Recreational EPA’s Role in Reuse Assessment:

• Provide oversight of the party conducting the reuse assessment • Ensure reasonable assumptions are made regarding future land uses • Coordinate with the State • Create an inclusive process that involves all relevant stakeholders, including the State

16 Community Involvement in Reuse Assessment:

• The reuse assessment process “includes soliciting community input on future land use considerations for sites.” • “Community input can be particularly useful for sites where the future land use is uncertain…” • “Future land use assumptions should be included in fact sheets, public meetings and other communication tools, as appropriate, over the course of the response action.”

17 State Role:

• State responsible for long-term O&M • State may end up owning the property, giving it direct interest in reuse outcomes • States are interested in ICs, which may be affected by reuse considerations • State ARARs may affect reuse • State agencies involved

18 Who are the Stakeholders? • Site Owner • Developer • Potentially Responsible Party (PRP) • State, Local or Tribal Government • Community Members • Community Advisory Group (CAG) • Any group with vested interest in the site 19 Stakeholder Role:

• Involving stakeholders can produce a more successful remedy selection • Stakeholders can provide betterment/enhancement • Stakeholders can offer future support of reuse • Stakeholders can ensure long-term protectiveness

20 Use a reuse plan to inform the reuse assessment A reuse plan can provide information about the future use of the site that may be more specific than what EPA could determine, or provide information about end uses that have a broader acceptance in the community 21 Why do Reuse Planning?

• Potential for targeted remedial process and lower remedial costs • Establish realistic community expectations • Strengthen working relationships between communities and EPA • Environmental and smart growth benefits • Enhance Long-Term Stewardship

22 Regional Seeds: Jumpstarting Reuse Planning

• EPA provides Regional seed startup funds to initiate reuse planning projects at selected sites

• Seed funds help engage local communities in determining potential future land uses that are compatible with sites’ remedies

Regional Seed funding provided for reuse planning to occur at the 23 Kent Highlands site in Seattle, WA (above) and the Hudson River PCBs site in New York (below). Reuse Assessments vs. Reuse Planning

Reuse Assessment Reuse Planning • Part of the remedial process • Voluntary process • EPA-managed process • Community-based process • Pre-ROD focus • Pre-ROD focus • Identifies broad potential • Identifies a footprint for specific categories of use at a site land uses for particular portions of • End result: documentation of a site reasonably anticipated future land • End result: site reuse plan uses

24 Key Role for the Community Involvement Coordinator

Learn about any environmental justice concerns, understand what efforts have been made to reach out to the community about future uses of the site, and think about next steps for reaching out to the community

25 Investigate available local resources with respect to ICs

ICs are a critical component of the remedy and long term protection. Appropriate and implementable ICs can either greatly support or become a significant barrier to future reuse.

26 TRIVIA: Name 5 countries that end in the letter Y ANSWER

• GERMANY, ITALY, HUNGARY, TURKEY, NORWAY

28 Camilla Wood Preserving Company Site Region 4 Camilla, Georgia

29 Camilla Wood Preserving Company Site: 2002-2003 Reuse Planning Process

30 Camilla Wood Preserving Company Site: 2003 Reuse Plan

31 Camilla Wood Preserving Company Site: 2006-2007 Activities

32 Camilla Wood Preserving Company Site: 2006-2007 Activities

33 Camilla Wood Preserving Company Site: 2008 Site Reuse

34 Stage 2: Remedy Selection Record of Decision (ROD)

35 How should the future use be considered in the ROD?

• Together with the Site Team: – Make sure ROD supports RAFLU – Identify outcomes of selected remedy- including available uses of land upon achieving cleanup levels and timeframe – Acknowledge need for ICs but remain open for more appropriate options – Keep interested parties aware of timeframe • Throughout the process: Keep the community informed

36 How should the future use be considered in the ROD?

Decisions here matter!! Remedy selection decisions determine the size of the area that can be returned to productive use and the particular types of use that will be possible following remediation

37 Understand the difference between selecting protective remedies and “betterment” or enhancement

Distinguishing between actions necessary for protective remedy and actions that enhance remedy determines who will pay

38 TRVIA

• What color was Coca Cola when it was first produced?

39 Answer

• GREEN

40 Stage 3: Remedy Implementation

Remedial Design and Remedial Action

41 How should the site team consider reuse during remedial design?

• Remedial Design – Ensure RD is consistent with RAFLU where practical; if no reuse plan make sure barriers are minimal • Remedial action – To extent practicable, align cleanup activities with reuse plan – Coordinate activities with developer and local government – Make sure health and safety issues are addressed – Look at ways to accelerate process to facilitate reuse – Conduct evaluations to determine whether all or a portion of site is ready for reuse and report the acres 42 What else can a CIC and the Site Team do here?

Remedial Phasing: Depending on site characteristics, site remedies can be designed to allow for the remediation and use of portions of site prior to the completion of the remediation of the entire site

Continued Communication: Boost community morale by renewing reuse OU1 of Sharon Steel Midvale, UT Region 8 discussions during the most disruptive phase of the cleanup process

43 Woolfolk Chemical Works Region 4 Fort Valley, GA

• Size: 31 acres: 18-acre former WCW site 13- acres residential and commercial areas • Former Use: production, formulation, packaging & blending plant from 1910-1999. • Contamination OU 3: Media affected: Soils, buildings, contaminated media in capped area

44 • Reuse: OU3

44 Woolfolk Chemical Works Region 4 Fort Valley, GA Site Remedy: • Remedy for OU 3: addresses the following components of the site – Arsenic contaminated soils and contaminated buildings and debris at the former Woolfolk plant site – Contaminated materials consolidated in a four-acre capped area • The ROD for OU 3 was signed in 1998. A 2004 ROD amendment addressed changes in ARARs for arsenic soils • The remedial action is underway with completion of cleanup expected by 2009

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45 Woolfolk Chemical Works Region 4 Fort Valley, GA

Reuse in the Remedial Process: Shared Learning through Site and Community Analysis • Remedial Action Objectives for OU 3 • Community Goals for the Woolfolk Site • Land Use Analysis • Site Analysis • Future land use framework and long-term stewardship 46 strategy for the site

46 Woolfolk Chemical Works Region 4 Fort Valley, GA Community Involvement: • Woolfolk Site Reuse Planning Committee built on the capacity of existing community groups – Woolfolk Citizens’ Response Group (TAG) – Woolfolk Alliance – Charles King, RPM, EPA Region 4 – John Stumbo, Mayor, Ft. Valley, GA

• Nine-Month Process (June 2006 – Feb 2007) – Three RPC Meetings 47 – One Public Forum

47 Woolfolk Chemical Works Region 4 Fort Valley, GA

Key Outcomes of the Reuse Framework • Future land use considerations for restricted use area to support cleanup • Range of future land uses for Woolfolk site to support multiple community goals • Long-Term Stewardship – Ownership scenarios for vacant properties – Potential for municipal acquisition – Institutional Controls 48 – Linking the site to the surrounding community 48 Next Steps

• Remedial construction completion expected in 2009 • On-going community outreach and coordination through Woolfolk Alliance / Woolfolk Citizens’ Response Group • Fort Valley’s Woolfolk Redevelopment Group

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49 TRIVIA

• What is Fort Valley, Georgia known for producing?

• HINT: It’s a fruit!

50 ANSWER:

Peaches

51 Stage 4: Long Term Stewardship and Conducting O&M

52 How does reuse play into long term stewardship?

• Institutional Controls • Five-Year Review and Remedy Protectiveness • Post Construction Completion

53 What can a CIC do here?

• Make sure that reuse considerations play into your interactions with the site and the community during the long-term stewardship phase • Ask: – Is the site in reuse? – Are there barriers to the site’s reuse? – What can EPA do to help the community consider reuse and to facilitate the process?

54 Pepper Steel & Alloys, Inc. Region 4 Medley, FL

• Size: 25-acre site • Former Use: – Occupied by several different businesses (all industrial) – Businesses in operation from 1960s-1980s – Listed on NPL in 1984 • Contamination: PCBs in oil and some heavy metals in soil

55 Pepper Steel Remediation

• PRP-lead (Florida Power & Light and several private property owners) • Excavation and removal of highly contaminated soils • Solidifying remaining soils in cement in on-site 11-acre monolith • Remediation completed in 1989

56 Pepper Steel 1989-2002 • Site vacant • Extensive dumping of debris • Overgrown with vegetation

Pepper Steel 2002-2007 • 2002 Five-Year Review was trigger for change • O&M Plan partially implemented • ICs revisited • Reuse began in 2005

57 Current Efforts to Support O&M

• Plans and construction are underway on improved drainage systems for the Site

• Debris is being sorted and removed

• EPA is working with site owners and users to implement appropriate ICs

58 TRIVIA

• Which musical celebrity has won the most grammys ever?

59 Answer:

• Michael Jackson has won the most – 8 grammys

60 Reuse Strategies: overcoming barriers, thinking strategically

61 Overcoming Barriers: Using the Tools and Processes

• Top 10 Use the • Status/Comfort letters TOOLS! • Ready for Reuse (RfR) Determinations • Site Reuse Fact Sheets • Partial Deletions • BFPP “Doing Work” Agreements • Discussions • Talking about liability protections

62 Top Ten Questions to Ask When Buying a Superfund Site

63 Background

• Created by EPA for prospective purchasers of privately owned Superfund sites • Answers key questions prospective purchasers may have about Superfund sites • Joint effort among: – Office of Site Remediation Enforcement (OSRE) – Office of Superfund Remediation and Technology Innovation (OSRTI) – EPA Regions

64 Question 1:

• Why is it a good idea to buy a property within a Superfund site?

65 Question 1:

• Advantageous and desirable locations • Grants, loans, and tax incentives may be offered to encourage development and revitalization • Many sites are being transformed into major shopping centers, business parks, residential subdivisions, and recreational facilities

66 Question 2:

• How do I find information on a site’s cleanup status and if it is safe for reuse?

67 Question 2:

• EPA’s Regional contacts and internet sites will provide site-specific information – http://cfpub.epa.gov/supercpad/cursites/srchsites.cfm • The vast majority of Superfund sites are protective of human health and the environment for certain types of reuse activities after they are cleaned up • Superfund cleanups may be designed to accommodate specific future uses • EPA offers many tools to help facilitate the reuse of Superfund sites

68 Question 3:

• How do I identify all of the parties I have to deal with to buy the site or a property within the site, and how is EPA involved?

69 Question 3:

• There is no simple solution to identify all of the parties associated with a Superfund site, but the process begins with the current owner • EPA rarely owns the site being cleaned up • EPA’s Regional offices may assist in addressing questions

70 Question 4:

• If I buy the property, will I be responsible for past or future cleanup costs?

71 Question 4:

• In most cases, a prospective purchaser will not be responsible for past or future Superfund cleanup costs for existing contamination that is present on the property when the site is purchased • New purchasers are protected as long as they meet the definition of “bona fide prospective purchaser” (BFPP) • BFPPs could become liable if they interfere with the existing cleanup, exacerbate existing contamination, or cause a new release of contamination • Prospective purchasers can voluntarily clean up a site

72 Question 5:

• Do I need a document from EPA confirming that I have BFPP status?

73 Question 5:

• No, the BFPP provision is self-implementing • A prospective purchaser may achieve, and after the purchase, maintain BFPP status without obtaining approval or oversight from EPA • EPA may issue a comfort/status letter to prospective purchasers or their lenders to describe: – site cleanup status, anticipated future cleanup actions, available liability protection provisions, site-specific reasonable steps a purchaser should take with respect to the appropriate care criteria, and the status of any EPA liens • EPA recommends that prospective purchasers contact the appropriate EPA Regional office prior to purchase to discuss site- related issues 74 TRIVIA BREAK

• Which presidents are memorialized on Mount Rushmore?

75 ANSWER:

• George Washington, Thomas Jefferson, Abraham Lincoln, and Theodore Roosevelt

76 Question 6:

• As the property owner, will I be responsible for ongoing or future cleanup actions at the site?

77 Question 6:

• No, a property owner with BFPP status generally will not be responsible for the ongoing or future cleanup actions, beyond resolving any applicable liens – BFPPs may need to take reasonable steps to fulfill appropriate care obligations • General information about appropriate care and reasonable steps to prevent releases is available on EPA's Web site at http://www.epa.gov/compliance/resources/policies/cleanup/super fund/common-elem-ref.pdf

78 Question 7:

• Are there limitations on how I can use the site and, if so, how can I find out whether any property use restrictions are in effect and what they are?

79 Question 7:

• There may be limits on uses of the site or properties within the site • Must not impede the integrity or effectiveness of institutional controls (“ICs”) • Must comply with all land use restrictions • BFPPs may be asked to implement appropriate property use restrictions after purchasing the property • Prospective purchasers can find out whether any restrictions may apply to the site property now, or in the future, by contacting EPA’s Regional office, the state environmental agency, and/or the local government, and by talking to the current property owner

80 Question 8:

• Does EPA use liens that could affect me if I acquire a site or property within a site, and how can I resolve or settle an EPA lien?

81 Question 8:

• EPA uses two types of liens that may affect site property: – Superfund liens – windfall liens • A Superfund lien entitles EPA to recover cleanup costs that EPA has incurred from the property owner • A windfall lien is potentially applicable to a site property if the owner is a BFPP. The windfall lien is designed to prevent an entity from realizing an unfair windfall from the purchase of a property that has been cleaned up using taxpayer dollars

82 Question 9:

• Could I encounter problems when I try to get financing to buy a site or borrow for improvements and how can EPA help?

83 Question 9:

• Changes to the federal Superfund law addressed many lender concerns, but prospective purchasers might still experience problems • In the past, lenders were reluctant to provide financing for the purchase of Superfund sites • These concerns are diminishing due to: – Environmental insurance policies – Brownfield Amendments (BFPP status) – EPA tools (guidance documents, comfort/status letters, BFPP doing work agreements, and Ready for Reuse Determinations)

84 Question 10:

• What can EPA do to help a prospective purchaser decide, and convince lenders, tenants, and others, that buying a Superfund site is a good idea?

85 Question 10:

EPA has tools that can be used to demonstrate that buying or using a Superfund site can be a great opportunity. Some of these tools include Comfort/Status Letters and RfRs More information can be found at: http://www.epa.gov/compliance/cleanup/revitalization/index.html

86 Status/Comfort Letters: What’s their purpose?

• Clarify the likelihood of EPA involvement at a site • Identify whether a windfall lien is applicable to a site • Emphasize the lead role of the state Agency in site investigation and remediation • Describe cleanup progress at a site Region 3 addressed Robert Morris University’s • Suggest reasonable steps that should concerns about the Ohio River Park site with a new version of a reasonable steps comfort be taken at a site letter, and RMU purchased the property less than 2 weeks after the Region issued the comfort letter. 87 Ready for Reuse (RfR) Determinations

• Affirms that conditions at a site are protective of human health and the environment for specific types of uses

88 Site Reuse Fact Sheets

• Detailed fact sheets for some sites are available • May include data on economic impacts and environmental and social benefits resulting from the reuse of Superfund sites

89 Partial Deletions

• Many NPL sites include portions that have been cleaned up and may be available for productive use • These portions may be partially deleted from the NPL if: – EPA determines no further cleanup work is required and the state concurs; and – Necessary institutional controls are in place • Any person may submit a petition requesting a partial deletion • A partial deletion can help to increase the site’s marketability

90 BFPP “Doing Work” Agreements

• Agreement between EPA and a BFPP who wishes to perform part or all of a cleanup • Provides for EPA oversight and may satisfy part or all of any windfall lien

91 Discussions

• EPA Regional staff is available to discuss the issues critical to the successful purchase and reuse of a Superfund site • Providing examples of other Superfund sites that were successfully redeveloped can reassure local citizens and stakeholders about revitalization opportunities

92 Liability Protection: Enhancing Stakeholder Comfort

• 2002 Brownfield Amendments – Bona Fide Prospective Purchaser (BFPP) provision - main protection for prospective purchasers . achieve & maintain BFPP status . buy after 1/11/02 & satisfy 8 criteria – Windfall Lien provision . windfall lien only if certain conditions exist

93 Liability Protection: BFPP 8 Statutory Criteria • If a BFPP, then not liable under CERCLA 107 – Not a PRP or affiliated with a PRP – Disposal occurred before purchase – All appropriate inquiries about contamination – Provide all legally required notices – Take reasonable steps to prevent releases – Provide access, cooperation, assistance – Compliance w/ institutional controls & no interference with cleanup – Compliance with information requests/subpoenas *prerequisite: must acquire property after Jan. 11, 2002 94 95 Liens can be negotiated

• Bring Site Attorney and Key Stakeholders together to negotiate liens

96 TRIVIA:

• What do you call a group of geese?

97 ANSWER:

• A Gaggle

98 Reuse Strategies: Thinking in Terms of Best Environmental Outcome

• What can EPA do to ensure future users will be responsible stewards? • What incentives can we offer to non-PRPs to encourage them to pay for cleanup or O&M?

99 Reuse Strategies: Thinking Creatively • Identify the barrier to reuse and the appropriate tool or strategy to remove the barrier • Identify the most attractive attributes of the site • To whom are these attributes attractive? • Do these people/parties know about the reuse possibilities? • Considering remedies: • Are there future uses that weren’t At the Mineral Belt Trail at the California considered before? Gulch site in Leadville, CO, slag material 100 • Are there opportunities to link the serves as trail bed foundation. remedy and reuse? Reuse Strategies: Timing is Everything – Dare to Be Responsive!

• Open communication makes the process smoother

• Good relations presents more opportunities to enhance protectiveness, defray cleanup costs, etc.

101 Reuse Strategies: A Future User (PP) is an Ally

• Future user will save greenfields

• Stakeholder involvement results in faster cleanups

• Site reuse establishes responsible site stewards

• Possible saving of Fund money

102 Reuse Strategies: Recognizing Outstanding Community Effort Excellence in Site Reuse Award What we wanted

• An award to highlight excellence in Superfund site reuse

• A way to say “thank you” to folks going above and beyond what was necessary

104 How we approached it

• Coordinated with attorney to see if there was any authority under which to give awards

• Worked with an award development firm to design the award

• Spoke with headquarters to get a second opinion

105 The Award

• Trophy presented to the recipient

• A plaque tracking all the awardees

106 First Award: City of Tallahassee

• City did work that allowed for removal of all soil contamination • City using award to help secure funding for development of park • Site is a key component for the larger Capital Cascades park project

107 The Event

• Paid for by the City • Included representatives from US Senate, the State, EPA, local government, and the US district Congressman • Awarded by Franklin Hill, Division Director • Received by the Mayor

108 Subsequent Awards

• Port Salerno Industries: Port Salerno, FL • Arlington Blending & Packaging: Arlington, TN • Woolfolk Chemical: Fort Valley, GA

109 Loose Guiding Principles

• No official “requirements” so award can be given in a flexible way • No target per year – easy to award, so award on a to-be- determined basis • Affordable to give - $90 for the award itself • Can be awarded to anyone – site owner, City, etc.

110 What Do I Get Out of It? Satisfaction!

• You can feel good at the end of the day knowing:

– There are responsible stewards at a formerly contaminated site – The site’s remedy will be protected – Amenities will be provided to Superfund communities – You made a difference!

111 QUESTIONS?

FOR MORE INFORMATION:

Bill Denman 404-562-8939 [email protected]

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