Brownfields are old, unused industrial or commercial sites that can’t be developed because people think they’re polluted. They’re often in poorer neighborhoods, but they’re not the most contaminated sites. People are scared of getting in trouble for cleaning them up and worry about getting money to develop them. Brownfields are important because accidents can cause pollution, leading to contamination of the soil or groundwater. By putting contaminated land back into use, it helps create jobs and generates taxes for the community, instead of leaving abandoned sites. It also encourages developers to clean up and reuse contaminated land instead of choosing untouched areas, which helps protect the environment. In 1995, the EPA created the Brownfields Action Agenda to clean up and redevelop polluted areas. The agenda includes pilot projects to test different methods, clarify liability and cleanup issues for buyers and lenders, promote partnerships and community involvement, and create jobs and training programs. There are now 78 pilot projects, including two in Florida: Clearwater and Miami. In Clearwater, the Brownfields site is an area with a high crime rate and many people living in poverty. In Miami, the site is in a neighborhood with a high poverty rate and soil contamination. These examples show how the Brownfields program works to clean up and revitalize polluted areas. The EPA has archived many contaminated sites to reduce stigma and has issued guidance to encourage the use of Brownfields sites. Florida also has programs with liability protection and modified cleanup requirements. These programs use risk-based corrective action principles to encourage developers to clean up contaminated properties. This is important because developers are often hesitant to take on the economic risk and bureaucratic red tape of cleaning up contaminated sites. Environmental regulators need to change their approach to cleanup in order for Brownfields programs to be successful. Strict standards for cleanup can scare off developers, so a more flexible approach is needed that still protects human health and the environment. The current assumption that everyone in the area of a contaminated site will be exposed to the contamination has led to overly stringent cleanup targets. A new approach called risk-based corrective actions takes into account the actual risk of exposure at a specific site, allowing for more flexibility in cleanup standards. This approach also allows for monitoring of contamination as it naturally decreases over time. Scientific studies have shown that once the source of contamination is removed, the leftover contamination in the soil and water will naturally go away over time. This is called natural attenuation. RBCA allows for the use of controls to prevent exposure to the contamination while natural attenuation happens, which can make cleanups cheaper. It can also reduce cleanup costs by changing where cleanup targets are measured and allowing contamination levels to temporarily exceed those targets. However, lenders have been hesitant to lend money for developing contaminated properties because of past legal cases. A new law passed in 1996 can provide some protection for lenders, which may make it easier for developers to borrow money for cleaning up and developing contaminated sites. The Brownfields action plan doesn’t talk about protecting new owners from being sued by neighbors for property value loss or injuries from contamination. In Florida, existing programs also don’t protect new owners from this. So, a developer needs to think about potential lawsuits from neighbors and others affected by the contamination when picking a Brownfields site. To encourage developers to clean up contaminated sites, the government offers protections and support. They also want to involve communities and create jobs. Florida is working on a law to support this, but more incentives are needed to convince developers to clean up contaminated sites voluntarily. Floridaâs draft bill encourages local government to use tax incentives to help clean up polluted areas. Developers need a team of experts to navigate the process and assess the costs and benefits. They must also ensure they didn’t cause the pollution and the site isn’t already undergoing cleanup. If they proceed carefully, they can make good deals and help their communities. The author argues that risk-based corrective action (RBCA) should not be limited only to Brownfields sites, but should be applied wherever there is contamination, regardless of the neighborhood. They believe that limiting RBCA to Brownfields sites implies environmental injustice and that RBCA can work effectively in any neighborhood. They emphasize the importance of using RBCA principles wherever contamination exists, not just at Brownfields sites.
Source: https://www.floridabar.org/the-florida-bar-journal/brownfields-for-beginners/
Leave a Reply