Research Overview and Reports
[List of Research Highlights and Reports]
1] Brownfields Issues in the United States: Recent Policy Trends
Published: March 15, 2022
Authors: Juichi Suzuki and Tetsuo Yasutaka, Geosphere Chemistry Research
Group
Keywords: Soil Contamination, Brownfields, United States
The U.S. federal law “Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)” (also
known as the Superfund Act), enacted in 1990 to address soil contamination, has led to the “brownfield”
problem—an unintended side effect that hinders the redevelopment and reuse of land suspected of being
contaminated.The definition of brownfields varies by country, but in Japan, for example, they are defined as
“land that, due to the presence of soil contamination or concerns about such contamination,
has been put to use at a value significantly lower than its inherent potential value, or has remained unused”
( Ministry of the Environment,
Estimation of the Potential Scale of Brownfields, 2007 ).
In Japan as well, attention began to focus on the brownfield issue in the late 2000s. The Ministry of the
Environment convened the “Study Group on Brownfield Countermeasures for Soil Contamination,” and in 2007, it
published the “Interim Report on the
Current Status of Brownfield Issues Related to Soil Contamination ” (Ministry of the Environment,
2007).Additionally, around the same time, the authors conducted research titled “Estimation of the Probability of Brownfield Occurrence in Japan ” (Yasutaka et al., 2008) and estimated the number of potential brownfield sites in Japan.
On the other hand, since the brownfield issue is not only an environmental problem but also an urban one,
numerous studies were conducted from the perspective of urban planning.(For example, see Hirano et al. (2010),
“ A Study on
Brownfield Sites in Regional Cities ”; Kurose et al. (2014), “ A Study
on Public Support for Brownfield Redevelopment in the United States ”; and Kurose (2019), “ Brownfield Redevelopment in the United States: Revitalizing Cities from Former Factory
Sites.”
In the United States, efforts to address brownfield issues—primarily treated as economic and social
problems—have focused on refining and adjusting the application of laws, as well as on improvements through
legislative amendments. Furthermore, regarding environmental issues related to remediation, “green
remediation” initiatives that take multifaceted environmental impacts into account have been introduced, and
in recent years, efforts have been strengthened particularly from the perspective of climate change.
In this report, drawing on the “Superfund” and “Brownfields” webpages of the U.S. Environmental Protection
Agency (EPA)—the agency responsible for administering CERCLA—we briefly introduce an overview of brownfield
issues and recent policy trends regarding the promotion of brownfield redevelopment within the context of
economic and social policies as well as climate change policies.Upon reviewing recent U.S. brownfield policies
for the first time in a while, the author notes that various new initiatives have been undertaken, including
the promotion of brownfield redevelopment through the 2018
amendment to the law (the Brownfields Utilization, Investment, and Local Development (BUILD) Act of
2018), the 2019 release of the Land Revitalization Toolkit, and the 2016 report on Brownfield Revitalization
in Climate-Vulnerable
Areas.“Economic development,” “social equity,” and “environmental protection” are the very “three pillars” of
the United Nations’ Sustainable Development Goals, and brownfield issues can be understood as challenges
closely related to sustainable development. These ideas are also linked to the concept of Sustainable
Remediation. I hope this report will be of use to you.
What Are Brownfields?
Definition: “Real property that is difficult to redevelop or reuse because hazardous substances, contaminants, or pollutants are present or may be present” (Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Section 101(39)(A)).There are currently over 450,000 brownfields across
the United
States, and their development is believed to contribute to local tax revenue, job creation, the utilization of existing infrastructure, reduced development pressure on undeveloped land, and environmental conservation
.
Background:
The brownfield issue was unintentionally created by the U.S. federal law “Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA)” (1980).The impetus for the CERCLA legislation was the
“Love Canal incident” (1978), in which soil and groundwater were contaminated by buried hazardous chemicals,
leading to health effects on people and subsequent decontamination efforts by the federal government. As the
law is intended for emergency response, it grants the President the authority to conduct investigations and
decontamination work regarding soil contamination and to recover costs from landowners and operators.After the
law took effect, sites such as former chemical processing plants and the sites of homes that had used
lead-based paint became potential targets under CERCLA. Consequently, a situation arose in which reuse and
redevelopment stalled due to the fear that involvement with such sites could result in the federal government
requiring parties to bear the costs of contaminated soil remediation under CERCLA; this came to be known as
the “brownfield problem.”In 1990, the U.S. Conference of Mayors expressed concern that brownfields had become
a social problem, stating that “environmental liabilities hinder redevelopment, and vacant lots and
dereliction lower property values and reduce local tax revenues.”Also that year, a federal court ruling
(United
States v. Fleet Factors Corp., No. 89-8094 (11th Cir., May 23,
1990)), revealing that liability for these costs extends to an unexpected scope.
In response to these concerns and challenges, the U.S. Environmental Protection Agency (EPA) implemented a
series of measures to promote brownfield redevelopment, including clarifying the scope of liability,
conducting brownfield site assessments under CERCLA, providing funding and training for state-led remediation
efforts, and coordinating with state governments to clarify that sites already remediated by the states would
not be considered subject to CERCLA.
Furthermore, going beyond these operational adjustments, the federal Small Business Liability Relief and
Brownfields Revitalization Act was enacted in 2002.
Act, CERCLA was amended to exclude small businesses whose contribution to contamination falls below a certain
threshold from the scope of the law; to clarify the exemption for adjacent properties not involved in the
contamination; to protect future brownfield purchasers; and to provide funding for state cleanup programs,
thereby advancing efforts to resolve brownfield issues.
Superfund:
CERCLA Overview
42 U.S.C. CHAPTER 103—COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY
Superfund
History
Brownfields and Land Revitalization Program History
CERCLA
Amended Brownfields Law Passed
Small Business
Liability Relief and Brownfields Revitalization Act
Recent Developments
1. Initiatives as Economic and Social Policy
- In fiscal year 2009, the federal government doubled the budget for soil remediation as part of its
recession relief measures
As part of economic recovery policies following the Lehman Shock, the Obama administration enacted the American Recovery and Reinvestment Act of 2009 (ARRA), which included the following CERCLA/Brownfields-related budgets as supplemental measures to the 2009 regular budget: * Superfund Remedial Program: $600 million (including administrative costs of up to 3%)
were allocated. Additionally, for soil contamination countermeasures
* Brownfield projects under CERCLA: $100 million (as part of state and tribal grants), * Leaking Underground Tank Trust Fund: $200 million as funding for cleanup activities under the Solid Waste Disposal Act
was allocated.In the fiscal year 2009 budget formulated by the EPA, the total budget for soil remediation programs (Superfund, brownfields, RCRA remediation, and underground tanks) was $914.8 million, meaning that an amount nearly equal to that was added through the ARRA.
ARRA Passed; Superfund Sites to Receive Funding
American Recovery and Reinvestment Act of 2009
FY2009 EPA Budget in Brief - Launch of the 2010 Environmental Workforce Development and Job Training Program
A grant program that provides training and employment support for low-income and unemployed individuals to create sustainable jobs in the fields of remediation, wastewater treatment, chemical safety, and the environment for communities affected by hazardous waste. Eligible recipients include Native American governments, Native American consortia, local governments, nonprofits, and universities. A typical grant amount is up to $200,000 per project.[Examples of Eligible Activities]
* Brownfield Hazardous Waste Training
* Solid Waste Management and Recycling
* Emergency Management and Oil Spill Cleanup
* Training Related to Superfund Cleanup Using Innovative and Alternative Treatment Technologies
* Wastewater Treatment and Stormwater Management
* Integrated Pest Management
* Alternative Energy Technologies
* Chemical Safety
* Enhanced Environmental Safety Training
Environmental Workforce Development and Job Training Program - Promoting Brownfield Redevelopment Through 2018 Legislative Amendments
The Brownfields Utilization, Investment and Local Development (BUILD) Act of 2018 amended the CERCLA regulations governing brownfield sites.
Key changes include* Greater certainty for government agencies regarding redevelopment: Local governments managing contaminated sites are no longer required to acquire them “as a last resort”
* Reduced liability for Alaska Native villages and Native-owned businesses: Liability is waived for facilities acquired under the Alaska Native Claims Act
* Strengthened response to oil-related brownfields: Removed the requirement that oil-related brownfields must be “relatively low-risk” to be eligible for the fund
* Expanded eligibility for nonprofit organizations: Nonprofit organizations (limited liability companies and nonprofit regional development organizations) are now eligible for Brownfield Revolving Loan Fund (RLF) grants
*Certain Publicly Owned Brownfield Sites: Publicly owned land acquired before January 11, 2002, is also eligible for RLF and remediation grants, provided the owner was not involved in the contamination.
*Increased Remediation Grants: Remediation grants have been increased to $500,000 per site; additionally, waivers of up to $650,000 per site may be requested depending on the extent and scale of contamination and the site’s ownership status.
*Multipurpose Brownfield Grants: Multipurpose grants—which combine assessment and remediation—have been increased to a maximum of $1 million; an amount not exceeding 15% of the total budget may be awarded as a multipurpose grant
*Use of Grants for Management Costs: Up to 5% of the grant may be used for management costs
*Grant Applications: New rating criteria for renewable energy or energy efficiency projects and coastal area development
*Technical Assistance Grants for Small Communities: Establishes a new grant program for states and Native American tribes to provide training, technical assistance, or research to small communities (population 15,000 or less), Native American reservations, rural areas, and low-income areas
Brownfields Utilization, Investment, and Local Development Act (BUILD Act) [Bill Summary] - 2019 Land Revitalization
Toolkit Released
A set of guidance documents and assessment tools designed to help local communities explore reuse opportunities when remediating contaminated or potentially contaminated land. The reuse process is divided into four phases—“Planning for Reuse,” “Pre-Development,” “Development,” and “Reuse Management and Operations”—and guidance and tools are made available. Land Revitalization Toolkit
| [Reuse Planning] | ||
|---|---|---|
| Guide | Community Actions that Drive Brownfields Redevelopment Guide | Measures to facilitate preparation and investment for remediation and reuse |
| 10 Specific Planning Activities | Align local economic, infrastructure, social, and environmental conditions with reuse goals to determine what types of reuse are feasible | |
| Preparing Your Plan for Site Reuse | Assess the financial feasibility of various brownfield revitalization scenarios | |
| Using sea-level rise models and coastal or inland flood estimates | Use sea-level rise models to assess flood risks and protect reuse projects | |
| Stream Daylighting at Brownfield Sites | Assessing the impact of sunlight on local communities when a river is restored to the surface | |
| Revitalizing Brownfield Sites into Electric Vehicle Charging Stations | Detailing the benefits and considerations for redeveloping brownfields into charging stations | |
| Brownfields Stakeholder Forum Kit | A set of tools—including sample agendas, invitations, and logistics—for communities to attract stakeholders and establish partnerships to address the challenges of brownfield revitalization | |
| Brownfields Road Map, 6th Edition | An easy-to-understand, step-by-step process guide that can be used to provide information on site investigation and cleanup to a broad range of stakeholders | |
| Brownfields Grant Recipients’ Road Map to Understanding Quality Assurance Project Plans | Explains the general process for brownfields assessment grant recipients to develop and use Quality Assurance Project Plans (QAPPs) | |
| The Climate Smart Brownfields Manual is a resource | Guidance on best practices for climate change mitigation, adaptation, and resilience | |
| Brownfield Revitalization in Climate-Vulnerable Areas | Regulatory standards, incentives, and guidelines to consider when updating building codes, zoning, and subdivision regulations | |
| Tools | Public Infrastructure Coordination Assessment and Planning (short how-to video and tool) | An explanatory video and tool to assist in developing a coordinated approach to infrastructure asset management |
| Residential Demolition Tool | A tool to help achieve environmental goals during demolition | |
| [Before Redevelopment] | ||
| Guide | Revitalization-Ready: A Guide for Revitalizing Land in Your Community | A step-by-step process for identifying the potential for reuse of contaminated sites |
| Anatomy of Brownfields Redevelopment Guide | An explanation of the brownfield remediation and reuse process from a real estate development perspective | |
| RE-Development Academies (2019, 2021 versions) | Educational materials for community members who want to learn how developers approach the redevelopment of contaminated sites | |
| Setting the Stage for Leveraging Resources for Brownfields Revitalization | Educational materials for community members who want to learn how to relocate sites, manage risks, and overcome challenges to attract investment in brownfield sites | |
| Setting the Stage for Leveraging Resources for Brownfields Revitalization | Helping communities secure sufficient funding for brownfields redevelopment projects | |
| Creating a Brownfields Investment Package | Explains how to compile relevant site information into clear, visual communications and marketing materials | |
| Tools | Community Reuse Property Prioritization Tool | A tool for prioritizing land based on reuse plans |
| [Redevelopment] | ||
| Guide | Cleaning Up Brownfields under State Response Programs—Getting to “No Further Action” | Requirements for achieving a determination of “No Further Action” in remediation under state response programs |
| Tools | Deconstruction Rapid Assessment Tool | A rapid assessment method for determining the potential to recover recyclable materials through the deconstruction of structures |
Deconstruction Tools for Tribes and Rural Communities
|
Deconstruction Tools for Indigenous and Rural Communities | |
Urban Agriculture & Aquaponics
|
Guides and Tools for Urban Agriculture and Aquaponics (a combination of fish farming and hydroponics) | |
| [Reuse Management and Operations] | ||
| Guide | New Manufacturing on Old Brownfields | Case Studies on the Use of Brownfields in Manufacturing |
| Tools | Brownfields and Urban Agriculture: Interim Guidelines for Safe Gardening Practices | Guidelines for Developing Agricultural Reuse Projects |
2. Initiatives as Environmental Policy
- 2010: Publication of the “Green Remediation Strategy and Principles for Greener
Cleanup”
Formulated to reduce the environmental impact of cleanup operations and conserve natural resources, the strategy outlines nine key measures and 40 specific measures. The following activities are listed as part of the strategy:* Identify methods to maximize the use of renewable energy and improve energy efficiency, with the goal of using 100% renewable energy at sites
* Incorporate elements of green remediation into remediation optimization assessments starting in fiscal year 2010
* Consider reducing the use of natural resources and energy when conducting remediation work and developing alternative remediation methods
* Minimize total emissions by combining the use of clean, renewable, and innovative energy sources with advanced diesel technology and proper operational practices
* Develop tools to track and enhance drinking water conservation, treated water reuse, and aquifer recharge
* Identify the use of non-waste materials or energy both on-site and off-site
* Identify the use of green remediation practices in removal work procedures, remediation designs, and remediation contracts, and include language requiring independent reporting on energy and fuel use and costs
* Support training programs that enable local communities to establish networks and allow local workers to gain the experience necessary for green remediation
Superfund Green Remediation
Superfund Green Remediation Strategy - In 2014, the EPA’s Brownfield and Land Revitalization teams a checklist on climate change
resilience*: “Howto Address Changing Climate Concerns in an Analysis of Brownfield Cleanup Alternatives (ABCA)”
*“How to Address Changing Climate Concerns in Your Brownfields Area-Wide Planning Project” - 2016: Publication of the Climate Smart Brownfields Manual
Guidance on best practices for climate change mitigation, adaptation, and resilience in the assessment, remediation, and redevelopment of brownfield sites.
Climate Smart Brownfields - 2016 Publication of “Brownfield Revitalization in Climate-Vulnerable Areas”
Presents practical approaches, regulations, incentives, and examples of projects and programs to help local governments balance economic development with climate change considerations when revitalizing brownfields in climate-vulnerable areas.
Brownfield Revitalization in Climate-Vulnerable Areas
3. Results of Brownfield Programs to Date
The following results of the Brownfield Program have been published as of October 1, 2021.
| Evaluation Indicators | Target | Achievement | Cumulative |
|---|---|---|---|
| Number of Sites Evaluated | 1,300 | 1,691 | 34,276 |
| Number of lands purified | 130 | 170 | 12,261 |
| Jobs Created | 7,000 | 8,940 | 180,205 |
| Economic Impact | $1.3 billion | $2.13 billion | $34.628 billion |
| Number of Reusable Plots of Land | 684 | 616 | 9,237 |
| Expected area available for reuse (acres) | NA | 11,470 | 144,276 |
Achievements by other state and Native American partners
- An average of 35,183 facilities were addressed annually
- Over 202,305 remediation projects completed
- Over 3,377,000 acres of land made available for reuse
Conclusion
The United Nations Sustainable Development Goals (SDGs) define sustainable development broadly as
“achieving intergenerational equity (United Nations report *Our Common Future*
(1987)) through the harmonization of the three pillars of economy (development), environment (protection), and
society (social equity) (United Nations report *The Future We
Want* (2012)).”Viewed from this perspective, the brownfield issue presents a quintessentially SDG-related
challenge: how to strike a balance among the three pillars—andIt becomes clear that this is a quintessentially
SDG-related challenge: how to adjust the risk-trade-off relationship.
The evolution described in this report—including the U.S. EPA’s efforts to promote brownfield redevelopment
and reuse, its consideration of environmental issues in general during remediation work, and, in particular,
its strengthened initiatives addressing climate change—is a highly intriguing case study demonstrating how
soil contamination countermeasures can respond to evolving social demands against the backdrop of the SDGs.
I believe that even in the case of “Sustainable
Remediation”—an initiative that began prior to the UN SDGs—we can draw insights from U.S. brownfield issues,
including perspectives on the future we wish to achieve.
-------Citations and References-------
〇 U.S.
EPA, Superfund
〇 U.S. EPA,
Brownfields
〇 42 U.S.C. CHAPTER 103—COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY
〇 United Nations, Report of the World
Commission on Environment and Development: Our Common Future
〇 United
Nations, Resolution adopted by the General Assembly on July 27,
2012, “The Future We Want” (A/66/L.56)