PA Land Recycling Program Enhancements & Brownfield Action Team Presented by: Tom Fidler Director,...
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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
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Land Recycling Program Statistics
To date, over 1,500 properties remediated
Over 830 site recycling projects underway
$63.5M dedicated to Land Recycling projects
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Local Government Action Items
ID mothballed propertiesCreation of task forcesParticipation in roundtablesRedefining role of DEP Local
Government LiaisonsOutreach to explain program and
process
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Thank you
PA Land Recycling [email protected]
and
Brownfield Action [email protected]
www.dep.state.pa.us DEP Keywords “land recycling” or
“brownfields”
(717) 783-7816