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USEPA’s main office is in Washington, D.C. It has ten
national regions. The Regional Offices administer the vast majority
of programs and initiatives, and each has developed different
philosophies on implementing environmental regulations.
Vermont is part of USEPA
Region
One, located in Boston, which has been in the vanguard of
brownfields redevelopment.
The interaction between National EPA, Regional EPA, Brownfield
grant recipients, and their contractors is a critical component for
successful redevelopment. Additionally, there is significant
cooperation and information sharing between members of Congress,
Mayors, Governors, and local officials on brownfields issues,
bolstered by the research work of non-profit partners like the
Northeast Midwest
Institute, which provides a critical role of providing scholarly
analyses of the lessons learned from brownfields redevelopment
across the country.
The Vermont DEC is the regulator of brownfield sites in the state
of Vermont. All activities related to the cleanup of these sites are
administered and overseen by Vermont DEC.
States vary widely in how environmental laws are applied: some
have contractor licensing systems and rely heavily on the private
sector, many have Voluntary Cleanup laws that offer significant
liability protection in return for owners agreeing to clean up
within a specified timeframe and adhere to a pre-determined work
plan. Some states rely heavily on enforcement, others work closely
with landowners to craft solutions to site issues. The Vermont
Department of Environmental Conservation utilizes a case management
system, coupled with strong state laws, grant support, and incentive
programs.
Vermont DEC manages the process of mitigating contaminated sites
under the “umbrella” of the National Environmental Protection Act (NEPA)
and other federal statutes. Under state law, any site that is found
to be contaminated must be reported to Vermont DEC, after which each
site is managed on a case-by-case basis, with an individual Site
Manager assigned to evaluate and manage each site throughout the
assessment and cleanup process.
The largest issue for Vermont DEC are thousands of abandoned
underground storage tanks (UST’s), most of which contain residues of
gas, oil, kerosene, and other hazardous substances. Many are still
in the ground across the state, often in unknown locations. Many of
these tanks leak, and release contaminants into the soils and
groundwater. These substances can migrate onto other properties,
and/or leech into the groundwater, causing significant issues for
downgradient properties and water bodies. About 70% of Vermont’s
polluted properties are UST sites, and the State has a
program and funding source dedicated to UST’s.
Vermont DEC has made a number of changes in recent years to
address brownfields issues. Some liability relief and grant
assistance is available through the Vermont DEC’s
Redevelopment of Contaminated Sites Program (RCP).
Vermont DEC works to keep improving the availability of resources
for brownfields redevelopment, and works each year with the Vermont
legislature on legislative rule changes and creation of new
incentive and grant programs. Vermont DEC also works to obtain
federal grant support to supplement their efforts.
City leadership identified the revitalization of brownfield
properties as a major priority in the late 1980’s. Many of the
City’s properties were stigmatized with real or perceived
contamination threats. In 1990, the City obtained HUD “Enterprise
Community” status, and formalized a plan to reclaim brownfields,
receiving significant support during public hearings and subsequent
planning documents. Subsequent designation as a “Renewal Community”
has reinforced this commitment, and the redevelopment of brownfields
is a specific strategy in the city’s
Consolidated Plan.
By the mid-1990’s, the City of Burlington and it’s nonprofit
partners were very active reclaiming contaminated sites. The City
purchased over 60 acres of waterfront land formerly used for bulk
petroleum storage, scrap yards, and rail siding, converting 11 acres
into Waterfront Park in 1991. The Thelma Maple Coop, and
Multigenerational Center are examples of two of the first sites that
had significant environmental issues that were resolved with
successful developments resulting.
A complicating factor in these projects (and brownfields
generally) is the high cost of getting reliable data on the degree
and extent of contamination at each site, and to identify
remediation alternatives and costs. Even in small projects, the cost
for conducting Phase I and Phase II Environmental Site Assessments
can reach amounts that approach or exceed the value of the property.
If there is significant contamination, cleanup costs can be very
excessive, often in the hundreds of thousands of dollars.
These problems got national attention from the Clinton
administration, and beginning in 1996, USEPA started the
“Brownfields Redevelopment Pilot” grant program to provide funding
for Environmental Site Assessments on brownfield properties.
Brownfield assessment grants were offered to states, municipalities,
regional planning authorities, Indian Tribes, and state governments
for the first time. These entities would use the funds to hire
consultants, to perform professional site assessments on high
priority brownfield sites, and promote site redevelopment..
The City of Burlington successfully applied for this funding, and
was one of the first EPA Brownfield Pilot Programs. The program is
managed by the Community and Economic Development Office. The City’s
Brownfield grant monies are administered by
EPA
Region One.
Due to the success of the Burlington Brownfield program, the City
was subsequently awarded additional grant monies since that time to
keep the program active. Twice, Burlington has been selected as a
national “Brownfields Showcase Community Finalist”, and has had two
projects selected as “Success Stories” by Region One EPA: the
Bus Barns project and the
Waterfront Apartments project.
EPA allows several different organizational models for the
administration of brownfields grants, based on the needs of specific
communities. Often, a single consulting firm is be contracted to
manage all Environmental Site Assessments (ESA’s) funded in a
community’s brownfields program. In the case of Burlington, for most
sites, ESA’s are put out for a Request for Proposals. As a result,
there have been a number of companies that have provided service to
the City’s program, either funded through the EPA grant, or by
developers or landowners. Some of the companies that have worked on
Burlington’s brownfields include:
- ATC Associates
- Clay Point Associates
- ECS Environmental
- Environmental Products and Services
- Greatwood Environmental Management
- Griffin International
- Heindel and Noyes
- KAS Environmental
- Johnson Company
- KD Associates
- Lamoreaux and Dickensen
- Lincoln Applied Geology
- Mansfield Environmental
- MacIntyre Fuels
- Stone Environmental
- Twin State Environmental
- Verterre
- Waite Environmental Management.
The City’s Brownfield program tracks and identifies potential
sites that have both contamination issues and redevelopment
potential. The City considers the below factors to evaluate a site
for grant assistance:
- Threat to human health or the environment
- USEPA and Vermont DEC Site eligibility
- Community Support
- Conformance to City and Regional Plans
- Conformance to local zoning
- Stormwater and other environmental impacts addressed
- Infill Development or responsible use of space
- Historic Adaptation/re-use or design appropriate for area
- Creation/preservation of green space on site
- Viability of proposed re-use
- Reputation/track record of developer
- Financial Need
- Likelihood of redevelopment success
The role of non-profit organizations in brownfields redevelopment
cannot be overemphasized. Locally, the
Burlington Community Land Trust
has emerged as a national leader in brownfields redevelopment. Most
recently, the
Waterfront Apartments project was recognized by EPA as a
“Success Story”, and also received an award from Home Depot as an
example of a successful green building project.
Since the initiation of the national Brownfields Program, there
have been a series of legislative actions related to the
redevelopment of contaminated sites. Congress has created a series
of new programs and funding, and has worked to find ways to reduce
liability for innocent landowners and prospective purchasers.
Vermont’s congressional representatives
Senator Leahy,
Senator
Sanders and Congressman Welch work
together on crafting new legislation and obtaining new funding
sources for brownfields redevelopment. This tri-partisan effort has
significantly benefited the City of Burlington, and helped grow
new programs across the state.
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