Lessons from the 2009 Brownfields Conference
By Bill Imig, PE
In November, the 2009 National Brownfields Conference was held in New Orleans. Bill Imig attended and agreed to share what he learned. A "brownfield" is an area of land that contains or potentially contains environmental contaminants.
The 12th annual Brownfields Conference was hosted by the Environmental Protection Agency (EPA) in November. The conference allows attendees to learn about topics such as how to clean a brownfield site, how to finance a site, how to obtain grants funding, and how to integrate innovative ways to use the land.
The conference included 150 panel sessions, around 200 exhibitors, and approximately 6,000 attendees. Many attendees were community representatives who had received grants and were there to learn how to navigate the grant requirements, which can be complex. Each of the EPA's 10 regions had exhibits to educate attendees on grant administration. Vendors showcased new technologies available for cost-effective solutions for brownfield redevelopment.
I attended several sessions throughout the conference including: due diligence activities, voluntary cleanup programs, risk management, writing and managing brownfield grant applications, brownfield financing, institutional controls, and innovative solutions.
By attending this conference, we hoped to gain more knowledge on how to approach Brownfield work in the future and more insight for the current Brownfield work we are performing, including our work for Sarpy County, Nebraska on the former PCS Nitrogen Plant site.
Here are a few ideas that I learned from the conference:
Brownfield Financing
You need to quantify the risk before looking for financing.
Major Points:
Due Diligence Activities: Environmental risk is assessed during due diligence activities (Phase 1 and Phase 2 studies). In conducting these studies, use a firm with proven track record. Lenders must have confidence in the environmental professionals.
Voluntary Cleanup Programs: Many states have voluntary cleanup programs and have issued cleanup levels. Lenders like these programs as it's the regulator who is telling them how clean is clean.
Shifting the Risk: Shift or share the risk associated with the environmental contaminants. Two options to explore include the following:
1. Contract Language: Involve the seller in assuming risk for unknown issues and cleanup costs.
2. Insurance: Use insurance to fill gaps for unknowns and tort liabilities.
Writing and Managing Brownfield Grant Applications
I took away three main points from this presentation:
When applying for a grant, remember that you are telling a story. Explaining how the grant ties into the community as a whole is very important.
When applying, you can apply for a targeted, single property or you can apply for multiple properties. It is generally better to apply for the general approach, which then provides more flexibility in using the grant.
Be prepared for the commitment of managing the grant if you receive one. Quite a bit of administration is required.
Institutional Controls
This presentation focused on understanding institutional controls:
Institutional controls are actions that can be implemented at a brownfield site in lieu of cleaning it up to very low standards.
These controls generally take the form of limiting the use of the property (generally implemented via zoning or building permit requirements) or enacting covenants or forms of property law. These require the owner to operate and maintain controls, such as landfill caps, groundwater monitoring systems, and remediation systems.
Institutional controls can have ongoing expense associated with them so it is important to quantify these costs when assessing a site for potential purchase.
Innovative Solutions
Brownfield sites can be complex.
Following the formal routine of cleaning up to specific levels or hauling all contaminated soil or material off-site can be cost-prohibitive.
Identifying the regulatory agencies that have authority over the property and meeting with them early on is important for any remediation effort, but it is critical if you are considering actions that are "outside of the box."
Don't forget the public. Explaining your approach and addressing issues as they arise also is important.
Examples of success between developers/regulators/public included:
Consolidating contaminated media under roadways or under areas that will not be developed on the property
Treating contaminated stormwater runoff using vegetation
Creating a stormwater park
Completing passive remediation of groundwater using the cut-off trench method versus the active pump and treat method
Copies of all presentations from the three-day conference are available online at www.brownfieldsconference.org/en/Sessions.aspx. You also can contact Bill at bimig@oaconsulting.com for more information.
