NAHB calls for broader brownfields legislation

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Brownfields cleanup and redevelopment will not occur on a meaningful scale unless brownfields reform legislation covers petroleum-contaminated sites and offers potential builders and developers protection from federal liability, a Northern Virginia builder said in testimony before a House panel. |ret||ret||tab|

According to a National Home Builders Association news release, brownfields redevelopers also need certainty regarding future enforcement action, so that a final site cleanup is truly final under the law.|ret||ret||tab|

"Redevelopment of brownfields, if done correctly, presents a unique opportunity to marry economic development with the principles of smart growth and environmental protection," said Gary Garczynski, NAHB vice president, in testimony before the House Energy and Commerce Subcommittee on Environ-ment and Hazardous Materials.|ret||ret||tab|

"Brownfields redevelopment is consistent with the notion of re-establishing our communities," Garczynski said. "Many brownfields sites are located in urban areas or close-in suburbs within walking distance or in close proximity to existing amenities, such as transportation systems, restaurants and shops. This proximity both fosters the sense of community and satisfies the increasing needs of our population."|ret||ret||tab|

The NAHB strongly believes that brownfields reform legislation must cover petroleum-contaminated sites, Garczynski said. |ret||ret||tab|

"Petroleum-contaminated sites are obvious targets for redevelopment because of the their prime locations and the well-known and cost-effective remediation technologies available for petroleum contamination."|ret||ret||tab|

The lack of enforcement protections for petroleum-contaminated sites severely limits the effectiveness of legislation sponsored by Senator Lincoln Chafee (S.350) and the Democratic discussion draft, according to the release. |ret||ret||tab|

The General Accounting Office estimates that there are approximately 450,000 brownfields sites nationwide. Of those, EPA estimates that as many as 200,000 sites contain abandoned underground storage tanks or have petroleum leaks. |ret||ret||tab|

By excluding sites with petroleum for liability consideration, S.350 will prevent builders from cleaning up more sites.|ret||ret||tab|

"As a matter of policy and logic, there is no apparent basis for treating hazardous substance contamination under CERCLA (the current brownfields federal law) more favorably than petroleum contamination (not covered under CERCLA)," Garczynski said. |ret||ret||tab|

"On the contrary, since there are numerous petroleum-contaminated sites and these sites present attractive development opportunities, federal brownfields legislation must tackle petroleum sites, not ignore them. The only real way to do this is by giving the people who clean up those sites and the people who wish to redevelop those sites federal reassurances through liability protection." |ret||ret||tab|

Any meaningful reform must also in-clude protection from federal liability in cases where the developer has satisfied state brownfields cleanup requirements, Garczynski said. |ret||ret||tab|

In the current regulatory arena, "when a developer remediates contamination at a brownfields site under a well-established, well-funded, stringent state brownfields program, the EPA still retains its authority to independently require further remediation under federal environmental statutes," Garczynski said. |ret||ret||tab|

The EPA rarely steps in and demands what this federal remediation or reopener, but "the perceived threat of EPA intervention significantly deters redevelopment by developers. Simply put, the perception is the reality, and the mere possibility of a reopener is too great a risk for both banks and builders. Why would a developer acquire a brownfields site and remediate it to the satisfaction of a State environmental agency if the EPA can come in at any time for any reason?" he added.|ret||ret||tab|

Garczynski said the NAHB fully recognizes the importance of the EPA enforcement role in ensuring protection of public health and the environment. "But NAHB also recognizes and supports the role of states' leadership under all three of the bills presented here today," he said. "Existing state brownfields programs must be the primary authority to investigate site contamination, establish cleanup standards sufficient to protect public health and the environment, and determine when those clean-up standards have been achieved."|ret||ret||tab|

He added, "For any federal legislative proposal to be successful, it must strike a balance between two important objectives: maintaining EPA's enforcement role and ensuring finality to prospective purchasers that have successfully completed a state brownfields program."[[In-content Ad]]