Site AssessmentFeedback

The environmental management process typically begins with an environmental site assessment, but may include many steps, and requires the services of an experienced professional.

A thorough site assessment that includes an evaluation of the current condition of the property, the operational history of the facility, and the processes used to discover this information should be conducted early in the revitalization process. Accurate characterization of environmental conditions is required to estimate potential costs associated with site cleanup and regulatory negotiation. Environmental costs can represent a significant financial issue impacting the success or start of a revitalization project. In the event that significant contamination exists, communication with local regulatory agencies is important and should include discussion of impacts to project schedule.

The information in this section can assist in identifying potential environmental concerns and addresses the following topic areas: EPA Brownfields Road Map, Infrastructure Considerations, All Appropriate Inquiry, Environmental Schedule, Resources and Tools.

Depending on the regulatory status of the site as defined by Federal, state, and local regulatory requirements most sites are required to follow a prescribed assessment and cleanup program. The following chart illustrates the process of the various assessment and cleanup programs.

The following are explanations of each program listed in the figure:

Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. By law, EPA must approve or disapprove pollutant lists and TMDLs established by states, territories, and authorized tribes. If a state, territory, or authorized tribe submission is inadequate, EPA must establish the pollutant lists and TMDLs. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs.

The Resource Conservation and Recovery Act (RCRA) regulates hazardous and non-hazardous wastes. RCRA Subtitle C establishes a system for controlling hazardous waste from the time it is generated until its ultimate disposal. Facilities that generate, treat, store, or dispose of hazardous waste are regulated under Subtitle C.

RCRA Subtitle C has two general paths to protecting human health and the environment:

The RCRA Corrective Action program, part of Subtitle C, addresses when action is needed to clean up contamination at a facility. RCRA corrective action usually takes place at facilities that treat, store, or dispose of hazardous waste. Corrective action may be prompted through the enforcement mechanisms found in RCRA, through a RCRA permit, or through voluntary agreements. Corrective action can take place while a facility continues operating.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. In general, CERCLA:

The law authorizes two kinds of response actions:

http://www.epa.gov/superfund/sites/npl/index.htm conducts studies to identify the extent of resource injuries, the best methods for restoring those resources, and the type and amount of restoration required after an oil spill or hazardous substance release.

The Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118; H.R. 2869) expands EPA's Brownfields Program, boosts funding for assessment and cleanup, enhances roles for state and tribal response programs, and clarifies superfund liability.

Under State Voluntary Cleanup Programs (VCPs), private parties that voluntarily agree to clean up a contaminated site are offered some protection from future state enforcement action at the site, often in the form of a “no further action” letter, covenant not to sue, or “certificate of completion” from the state. Such state commitments do not affect EPA’s authority to respond to actual or threatened releases of hazardous substances under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

A brownfield property is "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." Brownfields revitalization provides communities with the tools to reduce environmental and health risks, reuse abandoned properties, take advantage of existing infrastructure, create a robust tax base, attract new businesses and jobs, create new recreational areas, and reduce the pressure to develop open spaces. It is important to for borrowers that receive EPA brownfields grant funds to understand that all work must be performed in compliance with All Appropriate Inquiry (AAI).