2009 CPEO Brownfields List Archive

From: Lenny Siegel <lsiegel@cpeo.org>
Date: Mon, 27 Apr 2009 18:56:33 -0700 (PDT)
Reply: cpeo-brownfields
Subject: Re: [CPEO-BIF] When. where, and how? - continuing the debate
 
Bruce,

I agree that time is a critical consideration in cleanup, not just to suit developers, but to protect communities. I therefore support reforms that streamline oversight, such as look-up tables for routine soil contamination.

But I won't accept inadequate cleanup as the price of speed. And I won't accept secrecy as the price of development.

Lenny (with a Y)

Bruce-Sean Reshen wrote:
Lennie is only partially correct in stating that the debate is between compliance-based cleanup programs and voluntary cleanup programs and he is only partially correct when he says that its a question of of WHEN and WHERE voluntary programs are appropriate. For some reason no one wants to mention the six hundred pound gorilla in the room whose name in TIME. The level of cleanup and the level of oversight can be the same among compliance-based and voluntary programs. The difference is that in highly structured programs such as Superfund, the legally mandated processes such as the RI/FS process consume huge amounts of time and cannot be attenuated. To spend years analyzing all possible alternative cleanup strategies when everyone knows which one is most applicable, is both a legal mandate and evidence of logical insanity. This process destroys all incentive for a developer whose interest is redevelopment of the property. If we are the gain the attractive features of such compliance-based programs, we must inject a note of sanity and revise them to allow for fast-tracting the process. Alas, this would require a legislative approval which often throws out the baby with the bathwater. The attractiveness of voluntary state cleanup programs in not only that they tend to minimize oversight (which is not a good thing), but that they consume less time and therefore are more amenable to market driven redevelopment efforts by developers. Until we effectively address the issue of flexibly telescoping the time involved in structured cleanup programs, they will never be an attrative option for market driven redevelopment. Those who believe this debate is about the degree of stigma attached to compliance-based programs vs. voluntary programs have missed the mark. Both types of programs involve public awareness and consequential stigma of sorts. But smart folks will judge the quality of the cleanup and the quality of the administrative oversight, no matter what the program. The real question among both types of programs is the degree of flexibility and the time involved in the process.


On Mon, Apr 27, 2009 at 1:15 PM, Lenny Siegel <lsiegel@cpeo.org <mailto:lsiegel@cpeo.org>> wrote:

    To me the debate between compliance-based cleanup programs and
    voluntary programs is a question of WHEN and WHERE voluntary
    responses are appropriate, as well as what level of oversight and
    disclosure should apply to voluntary cleanups (HOW). The
    requirements applied to voluntary cleanup vary enormously among the
    states, and within some states, such as California, among programs.

    I support a tiered system of oversight, in which the level of
    government involvement is keyed to the complexity and severity of
    the site, as well as the exposure pathways and the receptors (such
    as schoolkids).

    Over the last decade or so, many sites across the country that merit
    more oversight have been addressed under voluntary programs, largely
    because environmental agencies have lacked the will or the resources
    to use their regulatory authority properly.

    I have seen problems at sites where:

    1) Developers have escaped oversight by dividing up property.

    2) Housing and schools are building on capped contamination.

    3) Groundwater contamination is migrating off the development site,
    but the response has been focused only on that property.

    4) Groundwater contamination is migrating onto the development site,
    but there is no cleanup upgradient.

    5) Contaminated sediment is considered "off-property."

    I don't argue that every such site should be addressed under a
    Superfund or RCRA-type program. RATHER, THE DECISION ABOUT WHICH
    TIER OF OVERSIGHT IS REQUIRED SHOULD BE MADE BY THE REGULATORY
    AGENCY WITH FULL PUBLIC TRANSPARENCY.

    I remember when some of us on the All Appropriate Inquiries
    Negotiated Rulemaking Committee suggested that some form of public
    notice be required for environmental site assessments. Industry
    participants shuddered. One even warned that it would make it
    difficult for a manufacturer to close a plant without tipping off
    its employees. (Not a good argument, from my perspective!)

    But I don't think the neighbors and eventual occupants of
    redeveloping contaminated property should be kept in the dark. In my
    experience, their involvement in the oversight of a cleanup and
    redevelopment is the best guarantee that things will be done right.
    Community involvement may lead to better protection of public
    health, but it also may overcome bureaucratic conditions that
    government agencies want to impose.

    Initially, additional disclosure may discourage or slow some
    projects, but as transparency becomes routine I believe the public
    will recognize which sites are problematic and which are being
    addressed properly.

    For a few years now I have been trumpeting the success of the
    Voluntary Cleanup Advisory Board at the Gates Rubber Site in Denver.
    This site was addressed under Colorado's voluntary cleanup program,
    but with public oversight (as well as the developer's agreement to
    provide other public benefits) the community ended up promoting the
    project.

    A developer does not have to be a "bad apple" for a project to
    benefit from public scrutiny of its environmental strategy.

    Lenny

--

    Lenny Siegel
    Executive Director, Center for Public Environmental Oversight
    a project of the Pacific Studies Center
    278-A Hope St., Mountain View, CA 94041
    Voice: 650/961-8918 or 650/969-1545
    Fax: 650/961-8918
    <lsiegel@cpeo.org <mailto:lsiegel@cpeo.org>>
    http://www.cpeo.org <http://www.cpeo.org/>



    _______________________________________________
    Brownfields mailing list
    Brownfields@lists.cpeo.org <mailto:Brownfields@lists.cpeo.org>
    http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org




--
Bruce

Bruce-Sean Reshen
The MGP Group
733 Summer Street - Suite 405
Stamford, CT 06901
(p) 203-327-2888, X 18
(f) 203-327-2999
(c) 017-757-5925
breshen@mgppartners.com <mailto:breshen@mgppartners.com>
www.mgppartners.com <http://www.mgppartners.com>
www.theguardiantrust.org <http://www.theguardiantrust.org>

This communication may contain information that is legally privileged, confidential or exempt from disclosure. If you are not the intended recipient, please note that any dissemination, distribution or copying of this communication is strictly prohibited. Anyone who receives this message in error should notify the sender immediately by telephone or return email and, delete the message from their computer.



--


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org


_______________________________________________
Brownfields mailing list
Brownfields@lists.cpeo.org
http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org

  Follow-Ups
  References
  Prev by Date: Re: [CPEO-BIF] [Fwd: RE: When. where, and how? - continuing the debate]
Next by Date: [CPEO-BIF] CPEO's "People Tree"
  Prev by Thread: Re: [CPEO-BIF] When. where, and how? - continuing the debate
Next by Thread: Re: [CPEO-BIF] When. where, and how? - continuing the debate

CPEO Home
CPEO Lists
Author Index
Date Index
Thread Index