United States Solid Waste and
Environmental Protection Emergency Response
Agency (5305W)
EPA540-R-98-021
OSWER9205.5-11A
PB98-963229'
June 1998
&EPA
RCRA, Super-fund & EPCRA
Hotline Training Module
Introduction to:
Brownfields Economic
Redevelopment Initiative and
Environmental Justice
Updated February 1998
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DISCLAIMER
This document was developed by Booz, Allen & Hamilton Inc. under contract 68-
WO-0039 to EPA. It is intended to be used as a training tool for Hotline specialists
and does not represent a statement of EPA policy.
The information in this document is not by any means a complete representation of
EPA's regulations or policies. This document is used only in the capacity of the
Hotline training and is not used as a reference tool on Hotline calls. The Hotline
revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position
of the Agency. This document is not intended and cannot be relied upon to create
any rights, substantive or procedural, enforceable by any party in litigation with the
United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free from the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time, Monday through Friday,
except federal holidays.
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THE BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE
AND ENVIRONMENTAL JUSTICE
CONTENTS
1. Introduction.................... ............ ........... ....... [[[ 1
2. Authority for the Brownfields Initiative [[[ 3
3. The Brownfields Economic Redevelopment Initiative.............................................. 5
3.1 Brownfields Assessment Demonstration Pilots [[[ 5
3.2 Brownfields Revolving Loan Funds Pilots[[[ 6
3.3 Brownfields National Partnership Action Agenda............................................... 7
3.4 Brownfields Showcase Communities. ................ ......... ......... ...".. ............................ 8
3.5 Clarification of Liability Issues ...... ...... ........ ....... [[[ 9
3.6 Partnership and Outreach [[[ 10
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The Brownfields Economic Redevelopment Initiative - 1
1.
INTRODUCTION
Abandoned and contaminated industrial properties are a major concern in
America's urban areas. Although cleaning up contaminated property can revitalize
a community and attract new business, developers and investors may be reluctant to
reuse these properties for fear of incurring liability for any possible contamination
found at the site. Liability under CERCLA and other federal and state statutes can be
strict, and the required associated remedies for cleanup can be costly. When
abandoned properties are not put to productive use and are perceived as
contaminated, the unfortunate results are decreased property values and
unaddressed contamination which can lead to problems for human health and the
environment. This practice also leads to the development of pristine areas of land
as industries look for "low-risk" properties. This creates urban sprawl and a
decrease in natural areas for humans and wildlife alike.
In response to this disturbing trend and in an effort to promote the idea that
environmental cleanup is not a hindrance to economic development, EP A
announced the Brownfields Economic Redevelopment Initiative (the "Brownfields
Initiative "). EP A defines brownfields as abandoned, idled, or under-used industrial
and commercial facilities where expansion or redevelopment is complicated by real
or perceived environmental contamination. The Brownfields Initiative is an
organized effort to help communities revitalize brownfields both environmentally
and economically. Through this effort, EP A hopes to prove that a clean and healthy
environment is an essential component of a growing and robust economy.
Coupled with the Brownfields Initiative is a larger environmental justice initiative
to increase fairness and understanding of environmental issues in low-income and
minority communities. This module addresses the Brownfields Initiative and
Environmental Justice Strategy. .
After completing this module, you should be able to:
.
Explain what the Brownfields Action Agenda is and its goals
.
Explain the purpose of the Brownfields Economic Redevelopment Initiative,
the authority for it, and how the grants are used
.
Explain what the Brownfields National Partnership Action Agenda is and
describe its key components.
.
Explain what environmental justice is and why it is important for EP A to
address under the Brownfields Initiative, as well as throughout the Agency.
Use this list of objectives to check your knowledge after the training session on
brownfields and environmental justice.
The information in this document is not by any means a complete representation of EP A's regulations or policies.
but is an introduction used for Hotline training purposes.
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2 - The Brownfields Economic Redevelopment Initiative
The information in this document is not by any means a complete representation of EP A's regulations or policies.
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 3
2.
AUTHORITY FOR THE BROWNFIELDS INITIATIVE
The Brownfields Initiative is one of the Administrative Reforms announced in
February 1995, under the Superfund program. The Administrative Reforms, a
series of goals to improve Superfund without requiring regulatory amendments, are
organized into six general areas: enforcement, economic redevelopment,
community involvement and outreach, environmental justice, consistent program
implementation, and state empowerment. For more information on the
Administrative Reforms please refer to the module entitled Superfund
Administrative Improvements/Reforms.
EPA is implementing the Brownfields Initiative under CERCLA statutory authority.
Authority for the Brownfields Initiative comes from CERCLA ~104, which provides
EP A with broad authority to take response actions whenever there is a release or
substantial threat of a release of a hazardous substance (and. under certain
circumstances, of a pollutant or contaminant) (~1 04 (a)); or whenever there is reason
to believe a release has occurred (~104(b)). In addition, CERCLA ~104(b) specifically
grants EP A broad authority to undertake a variety of studies and investigations,
including monitoring surveys, testing, planning, and other information-gathering
activities in connection with response actions that may be taken under CERCLA
~104(a). EPA may remove or arrange for removal of the hazardous substance,
pollutant. or contaminant, provide for remedial action, or take any other response
measure consistent with the National Contingency Plan (NCP). CERCLA and the
NCP provide broad discretion to take these actions as appropriate to protect public
health and welfare and the environment. Whether a site presents enough risk to
warrant such action is decided on a case-by-case basis. CERCLA authorizes the award
of contracts or cooperative agreements to a state. political subdivision, or Indian
tribe to carry out actions authorized under CERCLA ~104.
The information in this document is not by any means a complete representation of EP A's regulations or policies,
but is an introduction used for Hotline training purposes.
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4 - The Brownfields Economic Redevelopment Initiative
The information in this document is not by any means a complete representation of EP A's regulations or policies.
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 5
3.
THE BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE
EP A believes that the environmental cleanup of brownfields sites is a building block
to economic redevelopment. The Administration's Brownfields Economic
Redevelopment Initiative is designed to empower states, communities, and other
stakeholders to work together to assess, safely clean up, and sustainably reuse
brownfields. On January 25, 1995, EPA published the Brownfields Action Agenda,
an outline of EPA's activities and future plans to help states and communities
implement and realize the benefits of the Brownfields Initiative. The efforts
outlined in the Brownfields Action Agenda were grouped into four broad and
overlapping categories:
. Providing grants for Brownfields pilot projects
. Clarifying liability and cleanup issues
. Building partnerships and outreach among federal agencies, states,
municipalities, and communities
. Fostering local environmental job development and training initiatives.
By mid-1996, EPA met the goals of the Brownfields Action Agenda through several
actions including: encouraging state and tribe voluntary cleanup programs, purging
CERCLIS of sites which are no longer of federal interest, and identifying
uncontaminated portions of NPL sites. However, it became clear that the
brownfields problem required more interaction among all levels of government,
communities, and the private sector. Following the strong suggestions of a wide
range of stakeholders, the Administration established an Interagency Working
Group on Brownfields in July 1996. The Interagency Working Group consists of
more than 20 federal agencies, including the Departments of Agriculture,
Commerce, Defense, Education, Energy, Housing and Urban Development, Interior,
Justice, Labor, and Transportation, as well as EP A. the General Services
Administration (GSA), and the Small Business Administration (SBA). The
interagency Working Group increases the effectiveness of the Brownfields Initiative
by coordinating Agency efforts and resources.
3.1
BROWNFIELDS ASSESSMENT DEMONSTRATION PILOTS
One component of the Brownfields Initiative involves funding Brownfields
Assessment Demonstration Projects. As of December 1997, EPA awarded 121 site
assessment pilot grants to states, cities, towns, counties, and Indian tribes. EP A
Headquarters selected and sponsored 64 National pilots, and 57 Regional pilots
were selected and sponsored by EP A Regional offices. The pilots, each funded up to
$200,000 over two years, test redevelopment models, direct special efforts toward
removing regulatory barriers without sacrificing protectiveness, and facilitate
coordinated public and private efforts at the federal. state, and local levels.
Brownfields demonstration pilot funds are used toward environmental activities
The information in this document is not by any means a complete representation of EP A's regulations or policies.
but is an introduction used for Hotline training purposes.
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6 - The Brownfields Economic Redevelopment Initiative
prior to site cleanup at areas that have an actual or threatened release of a
hazardous substance, pollutant, or contaminant. Pilot fund recipients may use the
funds to assess, identify, characterize, and plan response or cleanup activities
identification, characterization, or remedial planning activities at a site.
EPA places several restrictions on the use of Brownfields pilot funds. For example,
recipients may not use the funds for:
. Site cleanup and response activities associated with site cleanups (e.g.,
groundwater extraction and cleanup)
. Activities at any site listed on CERCLA's National Priorities List
. Fund-raising
. Lobbying efforts (e.g., lobbying members of Congress).
National pilots are selected through a competitive application process. EPA
evaluates the National pilot applications using several criteria, including a program
statement and needs assessment, community-based planning and involvement, the
project's implementation plan, and long-term benefits and sustainability. EP A plans
to select approximately 100 additional National pilots by May 1998. These pilots will
be an essential piece of the nation's overall community revitalization efforts.
Two of the first pilots selected were in Bridgeport, Connecticut, and Richmond,
Virginia. Bridgeport is the largest and most economically distressed city in
Connecticut. The goal of the Bridgeport pilot is to return contaminated inner city
land to productive use and serve as a model for other cities interested in
redeveloping brownfields. The project is focusing on involving community-based
groups in the decision-making process that will shape their neighborhoods and city.
The city of Richmond is fostering private business investment and reuse of inner-
city sites as part of the solution to Richmond's problems with crime, housing,
education and health. Activities conducted under Richmond's pilot project include
studies undertaken to: identify environmental mitigation alternatives and costs;
determine financial shortfalls and mitigate barriers toward achieving brownfields
redevelopment; and compare brownfields projects to competing options of
developing pristine areas.
3.2
BROWNFIELDS REVOLVING LOAN FUNDS PILOTS
The Brownfields Initiative fiscal year 1997 budget allocated funds for cooperative
agreements of up to $350,000 each to capitalize revolving loan funds for cleanup
activities at the first 29 locations which received Brownfields site assessment grants.
Winners of the first 29 pilots had to specifically apply for these funds that would be
used to capitalize revolving loan fund. EP A awarded 24 Brownfields Cleanup
Revolving Loan Fund (BCRLF) pilots in Fiscal Year 1997. Each pilot was funded at
The information in this document is not by any means a complete representation of EP A's regulations or policies,
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 7
$355,000. Grants of this type will not be awarded with Fiscal Year 1998 CERCLA
dollars unless specifically authorized by subsequent legislation. The states,
municipalities, U.S. territories, and Indian tribes who receive the funds will lend
this money to developers of the brownfields property. The developers will repay
the loans to the state, municipalities, U.S. territories, and Indian tribes, which can in
turn loan out the funds.
The use of BCRLF must be consistent with CERCLA and conform to several other
guidelines. The BCRLF pilot funds are loaned for activities at sites that are publicly
owned by a municipality or quasi-public entity, privately owned, or in the process of
being purchased by a new party who meets the definition of prospective purchaser.
The revolving loan pilot funds are specifically limited to cleanup activities at
brownfields sites that have an actual release or substantial threat of a release of a
hazardous substance, pollutant, or contaminant which presents a threat to public
health, welfare, or the environment. The BCRLF pilot funds also may be used to
address releases into the environment of a "pollutant" or "contaminant" that may
present an imminent or substantial danger to public health or welfare. The BCRLF
pilot funds may also be used to cover a portion of the lead agency's or fund
manager's administrative, cleanup response planning, and legal costs (e.g., loan
processing, professional services, audits, and state program fees). The BCRLF pilot
fund recipients may not use the revolving loans for:
. Conducting environmental response activities prior to site cleanup (e.g., site
assessment, identification, and characterization)
. Non-environmental redevelopment activities (e.g., construction of a new
facility)
. Activities at any site listed, or proposed for listing, on CERCLA's National
Priority List; undergoing a federal or state agency removal action within six
months; or where a federal or state agency is planning or conducting a
response or enforcement action
. Operation and maintenance activities upon completion of a site cleanup.
The BCRLF pilots were selected through a competitive application process. The
successful applicant needed to demonstrate an ability to manage a revolving loan
fund and environmental cleanups, a need for cleanup funds, a commitment toward
creative leveraging of EP A funds, and a clear plan for sustaining environmental
protection and related economic development activities initiated through the
revolving loan program. EP A is currently negotiating cooperative agreements for
the revolving loan fund pilots with 24 of the 29 eligible parties.
3.3 BROWNFIELDS NATIONAL PARTNERSHIP ACTION AGENDA
In order to lead the Brownfields Initiative into the future, the Interagency Working
Group on Brownfields developed the Brownfields National Partnership Action
The information in this document is not by any means a complete representation of EP A's regulations or policies,
but is an introduction used for Hotline training purposes.
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8 - The Brownfields Economic Redevelopment Initiative
Agenda. The Action Agenda more effectively links environmental protection,
economic development. and community revitalization within the scope of the
brownfields program. The Action Agenda provides a link between cleanup and
reuse of brownfields and other national trends including sustainable development,
welfare-to-work initiatives, and community empowerment activities. Four
categories addressed by the Action Agenda include utilizing more partnerships (e.g.,
conferences, workshops, and technology transfers), streamlining an organization or
agency's internal policies by issuing guidance and revising regulations, researching
data and information gathered from brownfields pilots, and implementing
community-based projects at the local level. Over 100 commitments from more
than 25 organizations and federal agencies are included in the Brownfields National
Partnership Action Agenda. The commitments, which total $300 million in federal
government investments and $165 million in loan guarantees, assist cleanup and
redevelopment activities for as many as 5,000 properties. The commitments also
support and create new employment opportunities and protect thousands of acres of
undeveloped land (i.e., "greenfields").
3.4 BROWNFIELDS SHOWCASE COMMUNITIES
The centerpiece of the Brownfields National Partnership Action Agenda involves
the selection of Brownfields Showcase Communities. As part of the Brownfields
Initiative, a partnership of federal agencies was formed to offer technical. financial,
and other assistance to selected Brownfields Showcase Communities. The goals of
the Showcase Communities project is to:
.
Promote environmental protection, economic redevelopment, and
community revitalization through the assessment, cleanup, and sustainable
reuse of brownfields .
Link federal. state, local, and non-governmental action support community
efforts to restore and reuse brownfields
Develop national models demonstrating the positive results of public and
private collaboration addressing brownfields challenges.
.
.
A selected Brownfields Showcase Community will benefit from greater national
exposure for its brownfields efforts as well as technical and financial support
provided by participating agency programs. The Federal partners plan to designate at
least ten Brownfields Showcase Communities, distributed across the country and
varying by size, resources, and community type.
More than 200 communities responded to the first phase of the competition. From
that group, 40 communities were requested to submit more detailed applications.
The final recommendations have been forwarded to senior officials and an
announcement is expected in Marchi April 1998.
The information in this document is not by any means a complete representation of EP A's regulations or policies.
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 9
3.5
CLARIFICATION OF LIABILITY ISSUES
CERCLA imposes liability on both past and present owners of contaminated sites
even if the owner did not cause or contribute to the contamination. The stigma of
potential Superfund liability diminishes the attractiveness of investing in
previously used industrial or commercial areas. . As a result, the market value of
older industrial sites can be depressed, thereby causing these sites to become
brownfields. EP A wants to mollify the concerns of lenders, property owners,
municipalities, and others by clarifying relevant liability issues. In February 1995,
EP A announced its intent to identify options and develop tools to remove liability
barriers to the cleanup and redevelopment of contaminated properties, giving
prospective purchasers, lenders, and property owners more assurances of a safe
investment. As a result, EP A has issued several guidance documents that provide
some assurance to prospective purchasers, certain lenders, and certain property
owners that they do not need to be concerned with Superfund liability. Several of
these guidance documents are listed below.
.
Guidance on Agreements with Prospective Purchasers of Contaminated
Property. In May 1995, EPA issued guidance allowing EPA greater flexibility
in entering into agreements which provide a promise by the United States
not to sue the prospective purchaser for contamination existing at the time of
purchase and provide contribution protection (60 FR 34792; July 3, 1995).
. Policy Towards Owners of Property Containing Contaminated Aquifers. In
May 1995, EPA issued a policy describing EPA's exercise of enforcement
discretion to not take enforcement actions under CERCLA against owners of
property above aquifers contaminated by hazardous substances resulting from
migration outside the property (60 FR 34790; July 3, 1995).
. Policy on CERCLA Enforcement Against Lenders and Government Entities
that Acquire Property Involuntarily. In September 1995, EP A and DOJ
released a joint statement of intent to apply as guidance the provisions of the
invalidated April 29, 1992 final rule on Lender Liability under CERCLA (60 FR
63517; December 11, 1995). [NOTE: Legislation passed as part of the Omnibus
Appropriations Bill for Fiscal Year 1997 contains statutory provisions which
are based substantially on the 1992 final lender liability rule and address the
CERCLA liability of lenders, fiduciaries, and government entities who acquire
property involuntarily.]
. Policy on the Issuance of Comfort/Status Letters. In November 1996, EPA
released a policy designed to assist EP A in responding to requests from parties
for some level of comfort that if they purchase, develop, or operate on
brownfields property, EP A will not pursue them for the costs to clean up any
contamination resulting from the previous use. The policy includes sample
letters fro providing parties with information EP A has with respect to a
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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10 - The Brownfields Economic Redevelopment Initiative
particular property, what that information means, and the likelihood EP A will
take federal Superfund action.
3.6
PARTNERSHIPS AND OUTREACH
To promote public participation and community involvement in brownfields
decision-making and to streamline brownfields efforts, EP A is working to build
lasting partnerships with states, cities, and community representatives. In addition,
EP A will continue to develop its existing partnerships with federal agencies to
ensure a coordinated federal approach to the redevelopment of brownfields. EP A is
using various mechanisms, such as workshops and conferences in order to facilitate
information exchange between those parties involved in the brownfields effort.
During the summer of 1995, the National Environmental Justice Advisory Council
(NEJAC) sponsored a series of one-day public dialogues across the country in an
effort to involve community groups and environmental justice advocates in the
Brownfields Initiative. The Agency also formed a workgroup to explore the
potential effects that EP A endorsement of state voluntary cleanup laws might have
on brownfields cleanup and redevelopment. In addition, EP A has assigned staff to
various cities through inter-governmental personnel assignments (IP As) to assist
cities in the development of their own brownfields programs. IP As enhance the
Brownfields Initiative by promoting dialogue and encouraging understanding
among federal, state, and local environmental agencies with common
environmental and redevelopment goals.
In February 1996, EPA sponsored a Brownfields Pilots National Workshop. The
workshop brought together more than 300 representatives from Brownfields pilot
states and cities, the Association of State and Territorial Solid Waste Management
Officials (ASTSWMO), federal agencies that conduct related programs, NEJAC, and
other key stakeholders.
To further broaden the Brownfields Initiative, EP A co-sponsored two major
conferences, "Brownfields '96" and "Brownfields '97.", In September 1996. the City
of Pittsburgh hosted Brownfields '96. a conference jointly sponsored by EP A and key
national organizations. The conference, attended by more than 1,000 people,
facilitated discussion about a wide range of brownfields topics. At this conference.
EPA and the U.S. Department of Housing and Urban Development signed a
Memorandum of Understanding in which each agreed to coordinate policies and
activities in support of brownfields assessment and cleanup. community
revitalization. and economic redevelopment efforts.
In September 1997, EPA co-sponsored Brownfields '97, which drew more than 1,700
people and featured the Brownfields '97 Showcase and Exhibition Center. The
Center showcased environmental cleanup and redevelopment products and
services from public. private. and community sources..
The information in this document is not by any means a complete representation of EP A's regulations or policies,
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 11
3.7
JOB DEVELOPMENT AND TRAINING
In keeping with its efforts to aid the economic redevelopment of brownfields
communities, EP A has undertaken several job development and training activities.
Together, EP A brownfields staff and local contacts have established partnerships
with community colleges to provide quality training for local students, including
those from socio-economically disadvantaged communities. The Agency's
intention is to provide local residents with an opportunity to qualify for jobs
developed through brown fields efforts. These jobs might include site assessment or
remediation work or a position with the new business venture.
EPA and the Hazardous Materials Training and Research Institute are participating
in an effort to expand training and develop curriculum at community colleges in
brownfield communities. The Agency has already been successful in establishing
job training programs at community colleges in Cleveland, Ohio; Whittier,
California; and St. Petersburg, Florida.
EPA, in partnership with the National Institute of Environmental Health Sciences
(NIEHS), works to promote job training and development in brownfields
communities through the NIEHS Minority Worker Training Program.
3.8 BROWNFIELDS TAX INCENTIVE
As part of the Administration's Brownfields Initiative, President Clinton signed the
Taxpayer Relief Act (HR 2014/P.L. 105-34) on August 5, 1997 to spur the cleanup and
redevelopment of brown fields in distressed rural and urban areas. Under the $1.5
billion Brownfields Tax Incentive, site remediation costs for properties in targeted
areas are fully deductible in the year in which they are incurred, rather than
capitalizing cleanup costs over five or ten years as the tax code previously required.
Properties eligible for the tax incentive must be held by the taxpayer incurring the
cleanup costs for use in a trade, business, or production of income. Eligible
properties must also be contaminated, or potentially contaminated with hazardous
substances, and meet one of several geographic requirements. The Brownfields Tax
Incentive covers eligible cleanup costs incurred or paid from August 5, 1997 until
January 1, 2001. Seventy-five Brownfields Assessment Demonstration Pilots with
cooperative agreements signed through February 1997 are eligible for the
Brownfields Tax Incentive.
In order to utilize the Brownfields Tax Incentive, the taxpayer must get a written
certification from the appropriate state environmental agency, that their property is
in the targeted areas and that there is a release, or threat of release, of a hazardous
substance.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
but is an introduction used for Hotline training purposes.
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12 - The Brownfields Economic Redevelopment Initiative
The information in this document is not by any means a complete representation of EP A's regulations or policies.
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 13
4.
ENVIRONMENTAL JUSTICE
EPA's Brownfield Economic Redevelopment Initiative is an integral part of EPA's
efforts to address the issue of environmental justice. Over the last decade, attention
to the impact of environmental pollution on particular segments of our society has
been steadily growing. Community-based groups and other organizations, such as
academic and governmental agencies, have raised the issue that minority
populations and/or low-income populations bear disproportionately high and
adverse human health and environmental effects from pollution. Studies
conducted by organizations such as the National Law Journal and the United
Church' of Christ maintain that the implementation and enforcement of key
environmental laws have not historically provided protection to all citizens. EP A
also published a report in 1992 called Environmental Equity: Reducing Risk in all
Communities, which found that, although large gaps in data exist, environmental
justice is a serious concern.
EP A created the Office of Environmental Equity (later changed to the Office of
Environmental Justice) in November 1992. The office serves as the point of contact
for environmental justice outreach and educational activities, provides technical
support and disseminates environmental justice information. Furthermore, to
ensure that the Agency received significant input from affected stakeholders
Administrator Browner chartered the National Environmental Justice Advisory
Council (NEJAC) under the Federal Advisory Committee Act (FACA) in July 1993.
The NEJAC provides independent advice to the EP A on all matters relating to
environmental justice. The Council consists of twenty-five members appointed
from key environmental justice constituencies.
On February 11, 1994, President Clinton signed Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations. This executive order directs federal agencies to develop
environmental justice strategies that identify and address their programs, policies
and activities which result in disproportionately high exposure and adverse human
health or environmental effects on minority populations and low-income
populations. Executive Order 12898 requires that agencies conduct activities that
substantially affect human health or the environment in a nondiscriminatory
manner. All agency strategies must consider enforcement of statutes in areas with
minority populations and low-income populations, greater public participation, and
improvement of research and identification of differential patterns of subsistence
use of natural resources.
EPA released the document entitled Environmental Justice Strategy: Executive
Order 12898 in May 1995. The strategy describes environmental justice efforts in six
types of EP A actions, including: health and environmental research; data collection,
analysis and stakeholder access to information; enforcement and compliance
assurance; partnerships, outreach and communication with stakeholders; Native
The information in this document is not by any means a complete representation of EPA's regulations or policies.
but is an introduction used for Hotline training purposes.
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14 - The Brownfields Economic Redevelopment Initiative
American, indigenous and Indian tribe programs; and integration of environmental
justice into all agency activities.
EP A requires that each office and Region develop a strategy or action plan to address
environmental justice concerns. The Office of Solid Waste and Emergency
Response (OSWER) was the first program office to develop an environmental
justice strategy, which was done simultaneously with the Agency-wide effort. On
April 25, 1994, OSWER issued the OSWER Environmental Tustice Task Force Draft
Final Report, launching a major effort to address environmental justice concerns in
EPA's waste programs. It consists of a series of action-oriented recommendations
encompassing all waste program areas. Based on the recommendations,
Headquarters and the Regions developed implementation plans in June 1994.
OSWER has made significant progress in meeting the goals of the Environmental
Justice Action Agenda. The Waste Programs Environmental Accomplishments
Report describes over 250 accomplishments by Headquarters and Regional offices
(OSWER Directive 9200.3-20). One example of activities OSWER has sponsored is
an environmental grants writing workshop for 200 Chicago public school faculty
members. The purpose of the activity was to help community organizations
conducting environmental justice-related activities learn how to compete for grant
money.
More information on EPA's environmental justice program can be obtained from
the Environmental Justice Hotline. The Environmental Justice Hotline was
established to receive calls from concerned citizens about justice issues in their
communities. The purpose of the hotline is to make information easily accessible to
the public, the media and to assist in the resolution of environmental justice issues.
The phone number is 1-800-962-6215. The hotline is answered by staff of the Office
of Environmental Justice (OE]).
The information in this document is not by any means a complete representation of EP A's regulations or policies,
but is an introduction used for Hotline training purposes.
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The Brownfields Economic Redevelopment Initiative - 15
5.
SUMMARY
The EP A launched the Brownfields Economic Redevelopment Initiative to
empower states, communities, and other stakeholders in economic redevelopment
to work together to prevent, inventory, assess, safely clean up, and sustainably reuse
brownfields. The Brownfields Initiative will be realized through a cleaner.
environment, new jobs, an enhanced tax base, and a sense of optimism about the
future. To implement the Initiative, EP A announced an initial Brownfields Action
Agenda in January 1995. The Action Agenda outline four key areas: providing seed
money to local governments; removing liability barriers impeding Brownfields
redevelopment; developing partnerships and outreach to all Brownfields
stakeholders; and promoting local environmental workforce development and job
training.
By mid-1996, EPA had completed all of its commitments on the initial Action
Agenda. It became clear that the brownfields problem required more interaction
among all levels of government, the private sector, and non-governmental
organization. A new plan, "The Brownfields National Partnership Action Agenda,"
was developed. The new Agenda is based on protecting human health and the
environment, enhancing public participation in local decisionmaking, building safe
and sustainable communities through public/private partnerships; an recognizing
that environmental protection can be the engine that drives sustainable economic
redevelopment.
The Agency's environmental justice accomplishments have made progress to
improve the adverse effects of pollution on minority and low-income
communities. Through its Environmental Justice Action Agenda, OSWER has
furthered the Agency's efforts to address environmental justice issues.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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