
Environmental Encyclopedia 3
Brownfields
brownfield sites into expensive liabilities, causing businesses
to avoid them because stringent cleanup standards and re-
lated costs often exceed the property’s value. Under CER-
CLA, new property owners can be held liable for contamina-
tion created by previous owners. The
Clean Air Act
also
drives businesses away from urban brownfield sites because
it burdens companies in areas not attaining national
air
quality
standards, making it more attractive for them to
locate in rural regions where meeting clean air standards
may be easier than in the city.
The EPA began its brownfields pilot program in 1993
by supporting pilot projects—each funded up to $200,000
over two years—at eight separate locations. The goal was
to learn about brownfields, which the Agency saw as a new
and complex territory in which it had little experience. The
EPA awarded its first pilot in November 1993 to Cuyahoga
County, Ohio, where the county planning commission had
formed a broad effort to involve stakeholders in addressing
brownfields reuse. The EPA described Cuyahoga County’s
report on its brownfields initiative as the most complete
known to the Agency on the problems urban areas faced in
reusing brownfields. Two additional pilots were awarded in
1994 to Bridgeport, Connecticut, and Richmond, Virginia.
By October 1996 the EPA had funded 76 brownfields pilots,
39 under its “National Pilots” selected by the EPA Head-
quarters in Washington, D.C., and 37 under its “Regional
Pilots” selected by the EPA’s regional offices. An additional
25 National Pilots were scheduled for selection by March
1997.
In addition to funding pilot projects, the EPA took
other actions to underscore its commitment to a Brownfields
Economic Redevelopment Initiative, intended to help com-
munities revitalize brownfields properties both environmen-
tally and economically. In January 1995, the EPA Adminis-
trator
Carol Browner
announced a Brownfields Action
Agenda, stating, “We at EPA firmly believe that environ-
mental cleanup is a building block to economic development,
not a stumbling block--that identifying and cleaning up
contaminated property must go hand-in-hand with bringing
life and vitality back to a community.” The Brownfields
Action Agenda included the Agency’s pilots; joint efforts
by EPA, states, and local governments to develop guidance
documents to clarify burning liability issues; partnership and
outreach endeavors with states, cities, and communities; and
job training and development activities, including funding
towards an
environmental education
program at Cuya-
hoga Community College in Cleveland, Ohio.
The National Environmental Justice Advisory Council
(NEJAC), chartered in September 1993 as a federal advisory
committee to the EPA, in a December 1996 report expressed
hope that the Agency’s brownfields initiative would stem
the “ecologically untenable” and “racially divisive” phenome-
186
non of urban sprawl, in which urban areas were left to
stagnate while greenfields were subjected to increasing devel-
opment. NEJAC also emphasized that the brownfields prob-
lem is “inextricably linked to environmental justice” through,
for instance, the deterioration of the nation’s urban areas.
NEJAC reached its hopeful evaluation of the prospects for
the brownfields initiative despite misgiving by some NEJAC
members that the initiative might be a “smoke screen” for
gutting cleanup standards and liability safeguards.
The liability issues addressed under the EPA’s
Brownfields Action Agenda are among the most important
factors affecting these sites. According to the Agency, the
fear of inheriting cleanup liabilities for contamination they
did not create affects communities, lenders, property owners,
municipalities, and others. To help assuage liability concerns,
in February 1995 the EPA removed 24,000 of the 40,000
sites listed in its Comprehensive Environmental Response,
Compensation and Liability Information System
(CERCLIS), a Superfund tracking system. These sites had
been screened out of the “Active Investigations” category
and designated “No Further Remedial Action Planned,”
either because they were found to be clean or were being
addressed by state cleanup programs. By taking the sites off
the CERCLIS list, the EPA hoped to remove any stigma
resulting from federal involvement at the sites and thereby
to overcome obstacles to their cleanup and reuse.
In May 1995 the EPA issued guidance on
“Agreements with Prospective Purchaser of Contaminated
Property.” The guidance indicated the situations under
which the Agency may enter into an agreement to not file
a lawsuit against a prospective contaminated property buyer
for contamination present at the site before the purchase.
Also in May 1995 the EPA issued guidance regarding “Land
Use in the CERCLA Remedy Selection Process” to ensure
that the Agency considers land use during Superfund clean-
ups. Land designated for reuse as an industrial site would
require less strict cleanup than land designated for a park
or school, a recognition that not all contaminated sites should
be regarded as equally befouled. In September 1995 the
EPA issued guidance that, among other things, released
from CERCLA liability governmental units such as munici-
palities that involuntarily take ownership of property under
federal, state, or local law. The EPA hoped this guidance
would encourage municipalities to start cleaning up sites
without fear of the Superfund liability predicament. These
and other guidance documents issued under the Brownfields
Action Agenda helped to clarify liabilities facing prospective
new owners of private and federally owned contaminated
sites.
But the EPA’s guidance documents are regarded as
only partial solutions to the brownfields problem. A report
released February 1997 by the National Association of Local