PA Land Recycling Program Enhancements & Brownfield Action Team Presented by: Tom Fidler Director, Office of Land Recycling and Community Revitalization.

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

Land Recycling Program Statistics

To date, over 1,500 properties remediated

Over 830 site recycling projects underway

$63.5M dedicated to Land Recycling projects

Land Recycling Program Attributes Adopted by Many

Reasonable standards, and use of engineering and institutional controls to control exposure

Background demonstration conceptReview timeframes for work

completedSite inventory – PA SiteFinderVapor Intrusion guidance

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

Economic Stimulus Package for Community Revitalization

Elm Street Program $5 million in grants Revitalization of residential and mixed-use

neighborhoodsMain Street Program

$5 million in grants Helps to establish a local organization

dedicated to downtown revitalizationHUD 108 Loan Guarantees

$288M federal financing for economic development loans

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

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

Program Enhancements Initiative

Current Administration’s Commitment Revitalization of communities is a top priorityAddressing 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

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.

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 approvalsCoordinated/integrated permitting

Brownfield Action Team (BAT) Basics

Provide evidence of local supportBe consistent with local

zoning/planningLocation of property:

Be located in town, borough, or city, in/onBrownfieldEnterprise ZoneKOZ or Keystone Innovation ZoneSelect Grayfields aka abandoned mine land

BAT Basics

Include a project plan that includes:Concept Plan for ReuseIdentified Project PrincipalsTime Schedule for RedevelopmentDescription of Community BenefitsLevel of Committed Private Investment

Application available online

MOA with EPA

EPA MOA One Cleanup ProgramProvision for addressing CERCLA, RCRA, and

TSCA issues through the Act 2 processState relief from liability Federal declaration of no further actionFirst MOA under the Brownfields Law

Legislative Action Items

Legislative design of Act 2 soundProgram Funding – Top PriorityProposed Act 2 amendments

Fee increaseDeed acknowledgement submitted with

final reportSection 902(a) permit waivers for

redevelopment

Legislative Action Items

PA ONECALLDeveloped to prevent damage to

underground facilities/utilitiesBroaden coverage to include engineering

controls in place on Act 2 sites.Environmental Covenants

PA has introduced state legislation to be consistent with UECA

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

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

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 turnaroundAudits

Define Role of an Enforcement Program

Sites meeting criteria for action to protect human health and the environment – separate action

Mothballed sitesPolicy on civil penalties Release disclosure clarification

Responsiveness to Clients Needs and Suggestions

Q&A processProviding both clients and DEP staff

with the same training = improved consistency

Vapor Intrusion screening trainingRegular regulatory/guidance updates

Professionalism - Clients

Professionals’ ResponsibilityQualified through licensing and trainingAssume responsibility for the accuracy

of information and interpretations Accordance with the certifying agency’s

rules of conduct Professionals’ accountability

AuditsReferrals

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

Reporting Requirements

Reporting RequirementsCurrent requirements imply recent

spills/releases related to waterImmediate notification to DEPNotify downstream usersCleanup within 15 days

Historic releases are reported with submissions under the Land Recycling Program process

Local Government Action Items

ID mothballed propertiesCreation of task forcesParticipation in roundtablesRedefining role of DEP Local

Government LiaisonsOutreach to explain program and

process

Thank you

PA Land Recycling Programlandrecycling@state.pa.us

and

Brownfield Action Teambrownfields@state.pa.us

www.dep.state.pa.us DEP Keywords “land recycling” or

“brownfields”

(717) 783-7816