Upload
lim-kok-ching
View
223
Download
0
Embed Size (px)
Citation preview
8/8/2019 California Brown Field Development Framework
1/17
Brownfield DevelopmentFramework
Prepared by Lim Kok Ching
8/8/2019 California Brown Field Development Framework
2/17
Objectives of this study
To develop a comprehensive framework on the subject ofbrownfield development that could be used by planners anddevelopers when they are considering investments orredevelopment of a brownfield
To develop a generic framework that could serve as areference model for adoption by other developing countriesto assist in their pollution control and brownfield developmentefforts
To develop a framework that helps to analyze how changesin each component affect the others
8/8/2019 California Brown Field Development Framework
3/17
What are brownfields?
Brownfields are abondoned, idled, or under-used industrial andcommercial facilities where expansion or redevelopment iscomplicated by real or perceived environmentalcontaminations
8/8/2019 California Brown Field Development Framework
4/17
3. Legal liability
framework
0. Brownfield
dynamics
- Planner
- Developer
2. Contaminant
framework1. Oversight
agencies
6. Public/private funding
sources
4. Site due
diligence options
5. Risk control
strategies
Brownfield framework
8/8/2019 California Brown Field Development Framework
5/17
1.O
versight agencies Federal Level
Environmental Protection Agency (EPA)
State Level
Department of Toxic Substances Control (DTSC)
Regional Water Quality Control Board (RWQCB)
Local Level
Certified Unified Program Agencies (CUPA)
County/City Government
8/8/2019 California Brown Field Development Framework
6/17
2.Contaminant framework
Contaminant Definitions & Clean up Goals A source of litigation - conflicting federal and state definitions Safe Drinking Water Act (SDWA) with mandatory five year review of
Contaminant Candidate List (CCL) ensures regular updating of new
contaminants Applicable and/or Relevant and Appropriate Requirements (ARARs) or
look-up tables EPA Region 9 Drinking Water Standards and Health Advisories Tables EPA Region 9 Preliminary Remediation Goals (PRGs) for soil
Site Specific Risk Assessment: expert opinions on maximumcontaminant level (MCL)
Medium: Soil, outdoor air, indoor air, groundwater, surface water RemediationMethods
Soil removal, source control & containment, treatment, institutionalcontrols, natural attenuation, phytoremediation
8/8/2019 California Brown Field Development Framework
7/17
3.Legal liability framework
Federal Level Resource Conservation and Recovery Act (RCRA)
Comprehensive Environmental Response, Compensation
& Liability Act (CERCLA or Superfund)
State Level Hazardous Substances Account Act (Californias
Superfund)
HazardousWaste Control Act (Californias RCRA)
Porter-CologneWater Quality Control Act California Environmental Quality Act (CEQA)
Common Law
8/8/2019 California Brown Field Development Framework
8/17
4.Site due diligence options (
1)
Limited Site Assessment Does not provide federal liability defense protection
Phase 1 Environmental Site Assessment (ESA) ASTM E152701 qualify for federal liability protection and
certain state protection
$3,500-$6,000
Phase 2 Environmental Site Assessment (ESA) Site conceptual model
Intrusive sampling and analytical methods
Outlines remediation or cleanup process
6-8 weeks, upwards of $50,000
8/8/2019 California Brown Field Development Framework
9/17
4.Site due diligence options (
2
) Preliminary Endangerment Assessment (PEA)
DTSC program
Required if developing public school sites
Environmental Risk Assessment DTSC program
Human Health Risk Assessment
Ecological Risk Assessment
Method also addresses continued resource degradation
8/8/2019 California Brown Field Development Framework
10/17
5.
Risk control strategies Legal Risk
Prospective Purchaser Agreements California Land Reuse and Revitalization Act (CLRRA or
AB389) Unified Agency Review Program (AB206) The Polanco Redevelopment Act
California Land Environmental Restoration and Reuse Act(CLERRA or SB32)
Financial Risk Environmental Insurance Contractual Buyer/Seller Agreement
8/8/2019 California Brown Field Development Framework
11/17
6.
Public/private funding sources (1
)Federal Level:
Environmental Protection Agency (EPA) Assessment Grants (up to $200,000 per site)
Revolving Loan Fund Grants (up to $1
million cleanup) Cleanup Grants ($200,000 per site up to 3 sites)
Department of Housing and Urban Development (HUD) BrownfieldEconomic Development Initiative (BEDI)
Department ofCommerce, Economic DevelopmentAdministration (EDA) N
o specific program, sees brownfield as priority ($900
k) Department ofTransportation (DOT)
needs to link brownfield to transportation issues
Army Corps of Engineers (the Corps) needs to link brownfield project to water issues
8/8/2019 California Brown Field Development Framework
12/17
State Level:
California State WaterResources Control Board Underground Storage Tank Cleanup Fund (USTCF) Pays for petroleum UST cleanup
Office ofthe State Treasurer, California Pollution ControlFinancing Authority (CPCFA) Cal ReUSE Forgivable Loan Program grants $300/500k in forgivable
loans for site assessments Phase 1 and 2 and technical assistance(forgiven if project is cancelled)
Cal ReUSE also gives up to $5 million in grant or loans for clean up forinfill residential or mixed-use projects
DTSCTargeted Site Investigation (TSI) Program site investigation free of charged up to $100,000
Department of Housing andCommunity Development Transit Oriented Development (TOD) Housing Program at max $17
million per site for housing development Infill Infrastructure Grant Program ($250k-$20million) for high density
housing redevelopment on infill sites
6.
Public/private funding sources (2
)
8/8/2019 California Brown Field Development Framework
13/17
Local Government Level:
Tax Increment Financing & Redevelopment Agencies
General Obligation Bonds
Mello-Roos Districts Revolving Loan Fund
Other sources:
Continental Environmental Redevelopment Fund
private, for profit company with public purpose
Center forCreative Land Recycling (CCLR)
Project learning program supports up to $25,000/project
6.
Public/private funding sources (3
)
8/8/2019 California Brown Field Development Framework
14/17
0.
Brownfield dynamics
Value ofbrownfieldproject/site
Incrementalvalue ofland use ($)
Incrementalbenefits tohuman andenvironment()
Costs ofcleanup
($)
Risks ofuncertaintyand liabilities($)
= + - -
[feasible if >0] *Commercialdecision
*Social decisionwhereby 1 1$
(exchange ratevaries over timeand space)
*function ofseveral factors
and net ofpublic funding
*occurrenceprobability xestimatedcost
8/8/2019 California Brown Field Development Framework
15/17
Prevalence of unenlightened Government/Businessactions (orRegulatory Capture?)
Hydraulic Fracturing for gas Energy Policy Act of2005 exempts Hydraulic Fracturing from regulation
under the Clean Air Act, Safe Water Drinking Act, Clean Water Act, andCERCLA Chemical fluid is toxic, potential endocrine disruptor, and contaminates
groundwater, aquifer etc. Hydraulic fracturing being promoted aggressively by Big Oil in Europe Creation of new brownfield sites
Gulf oil spill Transportation pathway ofOil-Dispersant Mixture over land mass Surrounding states and countries potentially affected Creation of new brownfield sites
Relevance today
8/8/2019 California Brown Field Development Framework
16/17
Demand for property developers specialising inbrownfield development will rise
Demand for specialists in brownfieldremediation will rise
Demand for environmental legal services willrise
Predictions
8/8/2019 California Brown Field Development Framework
17/17
THANK YOU