PA Land Recycling Program Enhancements & Brownfield Action Team

1. PA Land Recycling Program Enhancements & Brownfield Action Team Presented by: Tom Fidler Director, Office of Land Recycling and Community Revitalization for the Cleanup Standards Scientific Advisory Board May 2004

2. Land Recycling Program Statistics • To date, over 1,500 properties remediated • Over 830 site recycling projects underway • $63.5M dedicated to Land Recycling projects

3. Land Recycling Program Attributes Adopted by Many • Reasonable standards, and use of engineering and institutional controls to control exposure • Background demonstration concept • Review timeframes for work completed • Site inventory – PA SiteFinder • Vapor Intrusion guidance

4. Economic Stimulus Package for Community Revitalization • PA Business in Our Sites • $300M grant/loan program • Site preparation/infrastructure • Real Estate Construction Fund aka Building PA • $150M for Mezzanine debt and equity investments for construction projects • Tax Increment Financing (TIF) • $100M in loan guarantees • Provides technical assistance to guide municipalities through process of creating TIF districts

5. Economic Stimulus Package for Community Revitalization • Elm Street Program • $5 million in grants • Revitalization of residential and mixed-use neighborhoods • Main Street Program • $5 million in grants • Helps to establish a local organization dedicated to downtown revitalization • HUD 108 Loan Guarantees • $288M federal financing for economic development loans

6. Pending Economic Stimulus Package for Community Revitalization Issues • Water and Sewer Fund aka PennWorks • $250M loans and grants for economic development projects which require water and sewer upgrades • Redevelopment Assistance Capital Budget Program • Expand by $640M for economic development grants

7. Growing Greener II • $800 million bond issue • Reclaim abandoned mines and toxic waste sites • Investing in alternative energy sources • Preserving farmland, protecting open space and improving state parks • Restoring communities and expanding affordable housing

8. Program Enhancements Initiative • Current Administration’s Commitment • Revitalization of communities is a top priority • Addressing concerns of the LRP which were identified in audits over the last 9 years. • Develop enhancements to improve the LRP • Worked with stakeholder focus groups and staff workgroups to develop changes

9. Objectives of the Initiative • Implement a program to demonstrate that human health/environmental protection and economic revitalization are not mutually exclusive goals. • Unlock the potential economic benefits of recycling brownfields and grayfields across the Commonwealth. • Improve the voluntary program and define a role for the enforcement program via client and staff suggestions.

10. Objectives of the Initiative • Create an enhanced management approach in DEP with a process that is more efficient, effective, responsive and involves all stakeholders of a brownfield going through remediation/development/ reuse. • The Brownfield Action Team (BAT) • Expedited remedial approvals • Coordinated/integrated permitting

11. Brownfield Action Team (BAT) Basics • Provide evidence of local support • Be consistent with local zoning/planning • Location of property: • Be located in town, borough, or city, in/on • Brownfield • Enterprise Zone • KOZ or Keystone Innovation Zone • Select Grayfields aka abandoned mine land

12. BAT Basics • Include a project plan that includes: • Concept Plan for Reuse • Identified Project Principals • Time Schedule for Redevelopment • Description of Community Benefits • Level of Committed Private Investment • Application available online

13. MOA with EPA • EPA MOA • One Cleanup Program • Provision for addressing CERCLA, RCRA, and TSCA issues through the Act 2 process • State relief from liability • Federal declaration of no further action • First MOA under the Brownfields Law

14. Legislative Action Items • Legislative design of Act 2 sound • Program Funding – Top Priority • Proposed Act 2 amendments • Fee increase • Deed acknowledgement submitted with final report • Section 902(a) permit waivers for redevelopment

15. Legislative Action Items • PA ONECALL • Developed to prevent damage to underground facilities/utilities • Broaden coverage to include engineering controls in place on Act 2 sites. • Environmental Covenants • PA has introduced state legislation to be consistent with UECA

16. Legislative Action Items • Grayfields • Legislation would allow Land Recycling Program concepts applied to certain AMLs • Incentive funding – OSM federal grant • Environmental Insurance • Legislation pending to create an insurance program • Establish PA-specific policy (5-10% premium discount) • Fund for premium subsidies established

17. Enhancing the Voluntary Process • Streamlined NIR & NIR acknowledgement letter • Project management steps, taken from past proven practices, institutionalized • Checklists to assist remediators they have complete submissions • Acknowledging role of client professionalism • Deficiency letters

18. Low-Risk Sites Program • Objective • Expedite project development and the reuse of these sites. • Criteria • Small sites • Groundwater exposure risk acceptable • SHS or pathway elimination used • Plan for redevelopment • Licensed Professional and training • 10-day turnaround • Audits

19. Define Role of an Enforcement Program • Sites meeting criteria for action to protect human health and the environment – separate action • Mothballed sites • Policy on civil penalties • Release disclosure clarification

20. Responsiveness to Clients Needs and Suggestions • Q&A process • Providing both clients and DEP staff with the same training = improved consistency • Vapor Intrusion screening training • Regular regulatory/guidance updates

21. Professionalism - Clients • Professionals’ Responsibility • Qualified through licensing and training • Assume responsibility for the accuracy of information and interpretations • Accordance with the certifying agency’s rules of conduct • Professionals’ accountability • Audits • Referrals

22. Professionalism - DEP • DEP Roles • Facilitates timely and practical resolution of issues • Guidance and assistance in understanding the Department’s rules, regulations, and policies • Accept the planning, direction, analysis, conclusions and reporting of the licensed professional based on predetermined criteria • Deny report or provide deficiency letter if submission does not meet rules • Regular audits by Land Recycling Program

23. Reporting Requirements • Reporting Requirements • Current requirements imply recent spills/releases related to water • Immediate notification to DEP • Notify downstream users • Cleanup within 15 days • Historic releases are reported with submissions under the Land Recycling Program process

24. Local Government Action Items • ID mothballed properties • Creation of task forces • Participation in roundtables • Redefining role of DEP Local Government Liaisons • Outreach to explain program and process

25. Thank you PA Land Recycling Program landrecycling@state.pa.us and Brownfield Action Team brownfields@state.pa.us www.dep.state.pa.us DEP Keywords “land recycling” or “brownfields” (717) 783-7816