Benefits of Brownfields Legislation
Taken from http://www.epa.gov/brownfields/html-doc/2869ben.htm
This document presents a summary of Public Law 107-118. It does not constitute a
statement of EPA policy, interpretation, or guidance.
Small Business Liability Relief (Title I)
• Exempts certain small volume contributors from Superfund liability
• Exempts certain contributors of municipal solid waste from Superfund liability
• Shifts court costs and attorneys fees to a private party if a private party loses a
Superfund contribution action against de micromis or municipal solid waste
exempt party
Brownfields Program (Title II - Subtitle A)
• Provides legislative authority for brownfields program including grants for
assessment and cleanup
• Expands current brownfields program by increasing funding authority up to
$200 million per year including up to $50 million per year to assess and cleanup
brownfields with petroleum contamination
• Expands eligibility for assessment and cleanup grants
• New provision for direct cleanup grants of up to $200,000 per site
• Streamlines current requirements for the brownfields cleanup revolving loan
fund and makes funding available to nonprofits
• Applies Davis Bacon Act on same terms as authority for current program
• Makes funds available for technical assistance, training and research
Brownfields Liability Clarifications (Title II - Subtitle B)
• Exempts certain contiguous property owners from Superfund liability
• Exempts certain prospective purchasers from Superfund liability
• Clarifies the innocent landholders defense to Superfund liability
State Response Programs (Title II - Subtitle C)
• Supports State and Tribal response programs and preserves Federal safety net
• Provides $50 million per year for State and Tribal response programs
• Expands activities available for funding of State programs
• Provides Superfund liability relief for certain properties cleaned up under State
response programs
EPA Contacts: Brownfields Program: Sven-Erik Kaiser, 202-260-5138
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