United States
Environmental
Protection Agency
Washington, D.C. 20460
Solid Waste
and Emergency
Response (5101)
EPA500-F-01-349
September 2001
www. epa. gov/brownfields/
vEPA RCRA Brownfields
Prevention Initiative:
Lessons Learned from Pilots
Outreach and Special Projects Staff (5105)
Quick Reference Fact Sheet
U.S. Environmental Protection Agency's (EPA's) Brownfields Economic Redevelopment Initiative is designed
to empower states, communities, and other stakeholders in economic redevelopment to work together in
a timely manner to prevent, assess, safely clean up, and sustainably reuse brownfields. A brownfield is a
site, or portion thereof, that has actual or perceived contamination and an active potential for redevelopment
or reuse.
The Resource Conservation and Recovery Act (RCRA) Brownfields Prevention Initiative is a U.S.
Environmental Protection Agency effort designed to use opportunities for statutory and regulatory flexibility
in the RCRA cleanup program to accelerate site cleanup, facilitate dialogue, and integrate reuse and
redevelopment issues, as appropriate, into cleanup decisions. In the longer term, it is EPA's goal that this
initiative will help accelerate cleanups at brownfields sites, thus enabling the creation of new jobs,
businesses, and green space for communities. RCRA Brownfields Prevention pilots are cleanup projects
that showcase innovative approaches that integrate the use of RCRA reforms and Brownfields tools to
expedite the cleanup, redevelopment, and reuse of RCRA properties.
BACKGROUND
The EPA launched the RCRA Brownfields Prevention
Initiative in June 1998 The initiative responds to
concerns raised by cities, industries, and communities
who have recently begun emphasizing the importance to
look beyond Superfund to address issues at brownfields
in a more comprehensive manner. Three initial goals of
the initiative were to raise stakeholder awareness,
identify any RCRA barriers to redevelopment, and try
new approaches raised by pilot partners. EPA is hopeful
that longer-term benefits of this initiative will be new
jobs, new businesses, and more green space for
communities. The initiative is designed to improve how
federal and state governments implement the RCRA
programs and work with stakeholders regarding
property reuse to yield more effective results for
communities and the environment.
In March 2000, EPA announced four pilot projects
intended to provide case studies of techniques, tools,
and strategies that integrate future land use
considerations into RCRA cleanup decisions, thereby
encouraging brownfields redevelopment at sites subject
to RCRA.
The four selected pilots are:
• CBS/Viacom in Bridgeport, Connecticut: A
former electrical wiring manufacturing site that
operated from 1888 to 1998, with soil and
groundwater contamination. Assessment and
remediation are continuing at the site. Pilot goals are
to resolve differences between the Connecticut
Property Transfer Act and RCRA corrective action
requirements, develop a public communication fact
sheet, and form a pilot project stakeholder team to
address reuse issues at the site. To date, state and
federal cleanup requirements have been integrated,
a local community-wide fact sheet has been
distributed, and remediation activity and
redevelopment planning is proceeding. Also,
Viacom and the City of Bridgeport signed an
agreement under which Viacom agreed to complete
its cleanup obligations under RCRA and the
Connecticut Property Transfer Act. As a result,
Prime Resources, a developer, has been provided
"comfort" and is working with Viacom to complete
the purchase of the site. The future plan is to
develop a light manufacturing facility.
-------
Bethlehem Steel Corporation in Lackawanna,
New York: A former major integrated steel mill, a
manufacturing portion of which is still operating,
includes two parcels (102 acres and 500 acres) with
good redevelopment potential that are covered by a
RCRA Facility Investigation (RFI) order. The
primary pilot goal is to release the 102-acre parcel
from the order and move it into the state voluntary
cleanup program. Experience gained may be applied
to the cleanup and redevelopment of the second
parcel. Broadened stakeholder involvement and
public outreach have been integral to the process.
EPA has released the 102-acre parcel from the RFI
order and will turn over cleanup of the entire site to
the New York Department of Environmental
Conservation (NYDEC). The future plan is to build
a light industrial park.
PECO-Energy in Chester, Pennsylvania: A former
utility site that contains a 17-acre portion that was
leased for hazardous waste recycling and is under a
RCRA consent order. The primary pilot goal is to
integrate RCRA corrective action with the
Pennsylvania Land Recycling and Reclamation Act
(Act 2) requirements in order to eliminate
duplication, expedite redevelopment, and revitalize
an Environmental Justice community. The regulatory
integration process continues along with the ongoing
cleanup. A property developer has purchased a major
portion of the site and plans to renovate an old power
plant building into commercial office space.
Blue Valley Redevelopment in Kansas City,
Missouri: A multi-facility industrial area in the Blue
River flood plain that contains RCRA facilities such
as wood treaters and scrap recyclers. The primary
goal is to meld RCRA issues into an existing
interagency redevelopment effort by consolidating
RCRA, geographical information system (GIS), and
other environmental data into the city's
"Redevelopment Opportunity Portfolio" for the area.
A secondary goal is to test the use of clean dredged
material as fill on RCRA facilities. The collected
environmental and GIS information have been
included in the city's "Redevelopment Opportunity
Portfolio." However, it was also decided to use the
collected information as part of an area-wide
background study that will be used as a baseline
comparison of contaminants in site-specific
investigations. The background study is about to
begin pending the approval of the Missouri
Department of Natural Resources. Also, the reuse of
the dredged materials is awaiting the approval of the
City of Kansas, Missouri. The future plans are to
place new industrial facilities on old industrial
properties and to revitalize the area.
ACCOMPLISHMENTS
In just one year, the four pilots already have yielded
results and innovations that can be readily transferred
to other sites. Overall, the four pilots demonstrated that
frequent communication among all levels of
government and facility owners/operators, combined
with the RCRA corrective action reform emphasis on
"results over process," can speed cleanup, which will
in turn, enhance the opportunity for redevelopment.
The pilots provided a forum for diverse stakeholder
interests to start communicating while focusing on
cleanup and process improvement. As a consequence,
issues and problems became clearer and possible
solutions more readily identified.
Site assessment and cleanup activities are well
underway, as are redevelopment plans, at all four pilot
sites. The pilots also have created generally cohesive
teams with positive working relationships that bode
well for further progress on cleanup and reuse.
LESSONS LEARNED FROM THE PILOTS
There are several lessons learned from the pilots that
may have implications for the RCRA program.
Better Integrate Brownfields Redevelopment
Opportunities into RCRA Corrective Action
Programs, as Appropriate.
Regional and state personnel are more empowered to
accommodate redevelopment, but need more
awareness of the flexibility that existing Brownfields
and RCRA tools can provide to satisfy the site-specific
needs of stakeholders. Similarly, these personnel need
a better understanding of the particular issues that
developers have and how to address those issues
through federal and state programs to help address
issues posed at idled RCRA properties.
Encourage High-Quality Owner/Operator-Initiated
RCRA Investigations and Cleanups.
The owners/operators of all four pilot sites pro-actively
participated in a variety of activities depending on the
circumstances at their individual sites. The ability of
EPA and the state to act on these owner/operator
initiated efforts eliminated years of procedural time.
RCRA Brownfields Prevention Initiative
September 2001
Lessons Learned Fact Sheet
EPA 500-F-01-349
-------
Efforts to involve the public were enhanced by the
stakeholder process as well as the pilot teams' focus on
public communication.
Forge Cooperative Relationships between EPA and
the States.
All of the pilots in effect created "one stop shopping"
for the community, the owner/operator, and the
redeveloper because state and federal cleanup issues
were resolved in a more holistic manner. For example,
EPA and the State of Connecticut, a state not authorized
for RCRA correction action, coordinated program
requirements and work assignments smoothly. Also,
EPA's partnership with Pennsylvania's Voluntary
Program has enabled PECO to use one administrative
process to satisfy both state and federal corrective action
goals, saving valuable resources.
Be Receptive to "Carving Out" Portions of RCRA
Permitted or Interim Facilities, where Appropriate.
Local officials are concerned about pursuing potential
redevelopment opportunities where the property at issue
is, or potentially will be, subject to RCRA corrective
action. Specifically, local officials are concerned that
the potential liability might be conveyed with title to the
property. EPA should address how sites can be deleted
or carved out from potential RCRA cleanup liability
status and make available examples of successful
approaches.
Encourage States to Allow Appropriate Use of
Voluntary Cleanup Programs (VCPs) for Specific
RCRA Sites.
Some states, either by statute or policy, consider RCRA
sites to be ineligible for entry into their VCPs. States
whose VCP meets or exceeds the substantive
requirements of the federal RCRA program for cleanup
and public participation might offer an expeditious
complement to their authorized corrective action
programs.
Encourage New Thinking by, and a Willingness to
Engage with, the Regulated Community on Ways to
Integrate Reuse into the Corrective Action Process.
Government and private parties should focus on the goal
of getting properties into productive use. At one pilot, a
fresh approach resulted in noteworthy and very positive
shifts in attitude. At all four pilots, the newly opened
lines of communication enhanced the working
relationships between regulators and industry
representatives, which fostered innovative strategies to
meet regulatory obligations while achieving
environmental and economic success.
ADDITIONAL INITIATIVE COMPONENTS
In addition to the pilots, the RCRA Brownfields
Prevention Initiative includes targeted site efforts,
training and outreach, and streamlining and clarifying
the cleanup and reuse process.
Targeted Site Efforts (TSE) are designed to showcase
Brownfields and RCRA reforms at up to 20 sites. The
goal is to "jump-start" activity at a facility to move it
closer to cleanup and redevelopment. Sites with
redevelopment potential will be identified in each EPA
Region, and a small amount of EPA mission contractor
support will be provided for short-term activities
directed to overcoming barriers to cleanup and
redevelopment.
The Training and Outreach component of the initiative
will focus on workshops in each EPA Region. The
purposes of the workshops are to: 1) educate RCRA
staff about brownfields tools that can help expedite
cleanup and redevelopment; 2) educate brownfields
staff about the special needs and opportunities of
RCRA sites; and 3) promote interaction with
stakeholders outside of EPA to incorporate their ideas
and address their concerns.
RCRA Corrective Action Reforms are a
comprehensive effort to address the key impediments
to cleanups, maximize program flexibility, and spur
progress towards a set of ambitious national cleanup
goals. The RCRA Brownfields Prevention Initiative
enhances implementation of the RCRA reforms by
clarifying the role of reuse in the cleanup process and
streamlining cleanup approaches.
FOR MORE INFORMATION
For more information on EPA's Corrective Action
Reforms, please visit the RCRA corrective action web
site at http://www.epa.gov/correctiveaction. For more
information about the RCRA Brownfields Initiative
pilots and other brownfields program initiatives please
visit the brownfields program web site at
http://www.epa.gov/brownfields.
RCRA Brownfields Prevention Initiative
September 2001
Lessons Learned Fact Sheet
EPA 500-F-01-349
------- |