An Introduction to "Brownfields"
What are "brownfields" and why are they so important? Essentially, brownfields are unused industrial properties that are cleaned up and restored to productive use through an environmental, legislative, and industrial collective. The program exemplifies teamwork through its unique cohesion of sectors that do not always see matters on the same level. Brownfields programs find environmentalists, industrialists, and community leaders hashing out differences to create regional assets from dead property.
The United States Environmental Protection Agency defines 'brownfields' as, "abandoned, idled, or under-used industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination". Since the EPA awarded its first brownfields pilot to Cuyahoga County, Ohio in November of 1993, that site (the abandoned Sunar-Hauserman property) has netted local government over $1 million and created almost 200 new jobs! Further pilots have been awarded since, with seventy-five (75) $200,000 assessment pilots to be awarded in 1998. Since this initial success, states have followed the federal suit. Indeed, the federal brownfields program seeks to empower regional government and industry through a cleaner environment, an enhanced tax base, new jobs, and revitalizing optimism.
Potentially, everyone stands to win with Brownfields: states (enhance their tax base without building further infrastructure), municipalities (lighten the financial load for regional clean-up projects), environmentalists (clean-up standards remain high while preventing exponential growth into open spaces), residents (cleaner living space and economic revitalization), and industry (maintain good standing in their respective communities through such good faith measures and exemption from environmental liability during remediation). The teamwork associated with brownfields programs will certainly prove beneficial in lightening the estimated $650 billion to remediate up to 450,000 sites nationwide.
A Brownfields success story concerns a vacant, dilapidated property that was once used as a dumping ground in Trenton, New Jersey, and has at last been returned to a more productive use. EPA awarded Trenton a $200,000 grant due to the agency's Brownfields initiative in September 1995. This money was used for remediation of the site and clean-up of the contaminated areas. A local developer later stepped in, purchasing 1.5 acres of the site to build a candle-making facility, hiring new employees in the process. A wholesale fish company was also built on the land, and the area is also looking promising for other local companies to begin building their businesses there.
Legislation in West Virginia
West Virginia's Voluntary Remediation and Redevelopment Act (VRRA) became effective on July 1, 1996. The regulations took effect one year later via the Voluntary Remediation and Redevelopment Rule which became effective on July 1, 1997. The VRRA encourages the redevelopment of brownfields sites through an administrative program set out in the WV Code of State Regulations, Title 60, Series 3. In the ruling the VRRA limits the enforcement actions of the WVDEP, in order to provide for investment incentives on brownfields sites. While industry performs the remediation work, ultimately the West Virginia Division of Environmental Protection must approve such measures.
Potential brownfields sites in West Virginia must be abandoned or inactive, utilize state funds, meet application requirements, and solicit public involvement. Furthermore, site assessment preparation and work done under voluntary remediation agreements must be supervised by a Licensed Remediation Specialist (LRS). An LRS must be an individual (as opposed to a company), meet the academic, experience, and exam requirements, and adhere to a standard of conduct.
West Virginia requires that brownfields participants solicit involvement from the public. Under state law, this constitutes a notice of intent to remediate, notice to government agencies, a comment period, an information meeting, a public involvement plan, and technical assistance. FMC has clearly met and exceeded the legal requirements by forming an East Plant Public Advisory Group. Ken Ellison (WVDEP) stated, "FMC is to be commended for establishing a public information program that exceeds the requirements of the law." The group will not only act as a liaison between the community of South Charleston and FMC, but also help guide redevelopment plans for this voluntary remediation site.
With the Department of Environmental Protection - Office of Environmental Remediation overseeing various clean-up operations around the state, the pace of response activities during the clean-up process has been significantly increased. Streamlining clean-up operations has standardized the remediation process, resulting in a more effective method of cleaning up a site. In order to meet environmental compliance standards set by VRRDA, companies are going one step further in improving their clean-up efforts.
Legislative changes in West Virginia are still forthcoming, however changes are taking place on the federal level. On September 10, 2001 HR 2869 'Small Business Liability Relief and Brownfield's Revitalization Act' was introduced by the House of Representatives in the U.S. Congress. After revisions to HR 2869 by various committees, the bill passed the House and Senate on December 20, 2001. It was then cleared for the White House to be signed by the President. The bill provides certain relief for small businesses from liability under the Comprehension Environmental Response, Compensation, and Liability Act of 1980. It also promotes the cleanup and reuse of Brownfield's, and provides for financial assistance for Brownfield's revitalization by enhancing State response programs. To read the entire bill, or obtain more information about the bill, visit http://www.senate.gov/ and search by bill number "H.R.2869.EH".
To find out more about the VRRA, the Voluntary Remediation program and Brownfields sites in your area, visit the WVDEP Web site at www.dep.state.wv.us
