EPA Report Released: 2013 Brownfields Federal Programs Guide

Recently, the U.S. Environmental Protection Agency (EPA), released its 2013 Brownfields Federal Programs Guide. The 96-page report available here, authored by the Office of Office of Solid Waste and Emergency Response (OSWER) "updates the 2011 edition. Several new programs and initiatives were added and a few were eliminated. The names of some grant programs changed and several agencies consolidated programs or revised the descriptions of existing programs."

Emerging Markets and Trends in Sustainable Property Transactions -- BNA Webinar

Emerging Markets and Trends in Sustainable Property Transactions

Agenda


Sustainable remediation and redevelopment of contaminated property continue to be overarching goals for public and private stakeholders working to ensure the reuse of these sites. One area gaining increased attention and interest by both the federal government and private parties is the use of brownfields and other contaminated properties for renewable energy projects, with an end goal of turning blighted sites to brightfields. Innovative financing strategies and tax incentives are proving to be valuable tools in this emerging and profitable market.

Thursday, December 01, 2011


1:30 PM - 3:00 PM ET

Speaker(s): Charlie Bartsch, Pete Pedersen, Matthew Trammell, Bill Harris, and Dean Jeffery Telego

Superfund: Information on the Nature and Costs of Cleanup Activities at Three Landfills in the Gulf Coast Region -- GAO

This Government Accountability Office report (GAO-11-287R Superfund Landfill Cleanup Costs), dated February 18, 2011, finds that one in four Americans lives within 3 miles of a contaminated site, many of which pose serious risks to human health and the environment. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) provided the federal government with authority to respond to releases or threatened releases of hazardous substances and created a trust fund to provide for certain cleanup activities.

Under CERCLA, EPA established the Superfund program to address the threats that contaminated sites pose. Although EPA has paid for the cleanup of many of these sites through the Superfund program, funding for these cleanups has diminished in recent years.

In 2010, the GAO reported that EPA’s estimated costs to clean up existing contaminated sites exceed the Superfund program’s current funding levels and that some sites have not received sufficient funding for cleanup to proceed in the most cost-efficient manner. Additionally, in July 2009, the GAO reported that EPA does not collect sufficient information on the cost of cleanup activities at Superfund sites and recommended, among other things, that EPA assess and improve the data it collects on the status and cost of cleanups.

Vapor Intrusion: A Game Changer in Cleanup and Liability -- BNA Webinar

Date: Tuesday, March 08, 2011
Time: 1:00 PM - 2:30 PM (ET)

Vapor intrusion has become an issue that must be considered by any party involved in the cleanup, redevelopment, or purchase of previously contaminated property. Regulators have stepped up their scrutiny of sites where, due to risk-based cleanups, contamination remains in place, even when final approval of the cleanup has been given. This has resulted in the reopening of sites that were previously cleaned up and closed, creating increased uncertainty for owners of such sites. Furthermore, vapor intrusion has spurred increased litigation with property owners claiming such vapors have impacted their health or property values. As such, vapor intrusion has become a game changer and must be addressed by a skilled team of legal and technical professionals adept at identifying and implementing proper methods for assessing and addressing potential or identified vapor intrusion risks.

This 90-minute webinar is designed to help you:

■Identify current developments related to vapor intrusion, including status updates on federal guidance and voluntary standards, such as ASTM E2600
■Learn about the latest state of the art technology and methods used to address vapor intrusion
■Gain insight about how to properly assess sites at risk for vapor intrusion issues and determine if vapor intrusion has not been evaluated properly
■Examine the legal issues related to vapor intrusion, including recent cases and the increased use of RCRA Section 7002 in litigation
■Consider how vapor intrusion issues fit into the bigger picture of all appropriate inquiries and environmental due diligence, as well as the potential for its inclusion as a component of superfund’s hazardous ranking system
■Analyze case studies that illustrate the complexity of the vapor intrusion pathway as well as cost-effective solutions to address VI problems

RE-Powering America’s Land Initiative Management Plan

EPA launched RE-Powering America’s Land: Siting Renewable Energy on Potentially Contaminated Land and Mine Sites to encourage the siting of renewable energy facilities on thousands of currently and formerly contaminated properties across the nation. This management plan builds on the progress that’s been made to date under this initiative, and lays out key areas that EPA will focus on over the next two years.

The Road Ahead: The Obstacles and Pitfalls to New Jersey’s Implementation of the LSRP Program -- CLE

This ABA Section of Litigation Environmental Litigation Committee live presentation will take place on October 27, 2010 at Seton Hall Law School, 1109 Raymond Blvd,
1 Newark Center, Newark, NJ 07102.

Registration Deadline: October 20, 2010

This program will be an interactive seminar involving nationally known environmental lawyers, in-house counsel and consultants who will discuss the details and implications of New Jersey’s Site Remediation Reform Act, in particular the Licensed Site Remediation Professional Program. The impact of this program on environmental practitioners will be far reaching and extraordinary. From the manner in which environmental consultants will be retained and site investigations & clean-ups accomplished, to the ethical, work product and litigation considerations counsel will need to evaluate and address, the LSRP Program represents a sea-change in the way environmental counsel will practice their trade in the years to come.

The Road Ahead: The Obstacles and Pitfalls to New Jersey’s Implementation of the LSRP Program -- ABA CLE

This live ABA Continuing Legal Education program is an interactive seminar involving nationally known environmental lawyers, in-house counsel and consultants who will discuss the details and implications of New Jersey’s Site Remediation Reform Act, in particular the Licensed Site Remediation Professional Program. The impact of this program on environmental practitioners will be far reaching and extraordinary. From the manner in which environmental consultants will be retained and site investigations & clean-ups accomplished, to the ethical, work product and litigation considerations counsel will need to evaluate and address, the LSRP Program represents a sea-change in the way environmental counsel will practice their trade in the years to come.


Issues to be addressed include:
• A summary of New Jersey's SRRA/LSRP, an overview of the privilege/ethics issues raised by this program and an out of state attorney's view of how a similar program works in other states.
• Legal issues that need to be clarified and addressed in order for New Jersey's program to be effective, including contractual issues, risk management and liability issues, agency issues and the independence of the LSRP.

Wednesday, October 27, 2010
1:30pm - 3:45pm
Seton Hall Law School
Newark, NJ

MCLE credit has been requested.
Meeting Registration Fees:
Section of Litigation Member - $40.00
Non-Section Member - $95.00

Privatizing the Cleanup of Hazardous Sites: How the New Jersey Approach Transforms the Field

When New Jersey Governor Jon S. Corzine signed into law the Site Remediation Reform Act on May 6, he set in motion the long-awaited reform of the New Jersey Department of Environmental Protection's site remediation program. This new law transforms how New Jersey manages the cleanup of its contaminated sites by authorizing the NJDEP to accept certifications of "licensed site remediation professionals," or "LSRPs," that a contaminated site has been adequately investigated and cleaned. Previously, NJDEP was directly responsible for the cleanup of contaminated sites.

New Jersey joins Connecticut and Massachusetts in allowing private outside contractors to supervise the remediation of contaminated sites. Other states are expected to look at the NJ law as a model for similar programs.

DOE Webcast April 22 for State and Local Officials: Renewable Energy on Contaminated Lands

The U.S. Department of Energy (DOE) Technical Assistance Project (TAP) for state and local officials is offering a webcast on how to develop renewable energy projects on contaminated or old industrial sites, also known as "brownfields." The presentation will take place Wednesday, April 22, from 3:00 to 4:15 p.m. Eastern Standard Time, and is titled "Taking it from Brown to Green: Renewable Energy on Contaminated Lands."

In addition to learning how to identify brownfield sites where renewable energy projects are feasible, you will hear about case studies in the Southwest and learn about tools that support project development. Finally, you will be able to ask questions of the presenters and interact with them after the event on the TAP webcast Blog.

Superfund: Greater Enforcement and Reporting are Needed to Enhance Cleanup at DOD sites

This Report (GAO-09-278) from the Government Accounatbility Office dated March 2009 states that of the 985 DOD sites requiring cleanup of hazardous substances, EPA has oversight authority of the 140 on the NPL; the remaining 845 non-NPL sites are overseen by other cleanup authorities—usually the states. A review of 389 non-NPL DOD sites showed that EPA decided not to list 56 percent because it determined the condition of the sites did not satisfy the criteria for listing or because it deferred the sites to other programs, most often the Resource Conservation and Recovery Act––another federal statute that governs activities involving hazardous waste.

However, DOD does not have agreements for 11 sites, even though they are required under CERCLA. It was not until more than 10 years after these sites were placed on the NPL that EPA, in 2007, pursued enforcement action against DOD by issuing administrative orders at 4 of the 11 sites.

Revitalizing Contaminated Sites: Addressing Liability Concerns

This EPA publication (EPA Pub. No. 330-K-08-002) dated May 2008 and subtitled "The Revitalization Handbook" offers a compilation of enforcement tools, guidance, and policy documents that are available to help promote the cleanup and revitalization of contaminated sites.

"This handbook summarizes the statutory and regulatory provisions of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675 (CERCLA, commonly known as Superfund) and the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992 (RCRA), as well as the policy and guidance documents most useful in managing environmental cleanup liability risks associated with the revitalization of contaminated sites. It is designed for use by parties involved in the assessment, cleanup, and revitalization of sites, and provides a basic description of the tools parties can use to address liability concerns."