[CPEO-BIF] [Fwd: FW: EPA summary of "State Brownfields and Voluntary Response Programs"]

[Lenny Siegel <lsiegel@cpeo.org>]

-------- Original Message --------
Subject: FW: [CPEO-BIF] EPA summary of "State Brownfields and Voluntary 
Response Programs"
Date: Wed, 23 Dec 2009 16:20:08 -0500
From: Schnapf, Lawrence <Lawrence.Schnapf@srz.com>
To: lsiegel@cpeo.org


attached is a fact sheet discussing a new disclosure obligation enacted
by Maryland requiring disclosure of releases above certain thresholds.

Larry
Lawrence Schnapf
212-756-2205 (phone)
212-593-5955 (fax)
www.environmental-law.net

Blog: Visit Schnapf Judgment on the commonground community at
http://commonground.edrnet.com/resources/9d51c3f88e/summary

TWITTER: Follow me at www.twitter.com/LSchnapf

Linked-In: http://www.linkedin.com/in/lschnapf

P Please consider the environment before printing this e-mail.






-----Original Message-----
From: brownfields-bounces@lists.cpeo.org
[mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Schnapf,
Lawrence
Sent: Wednesday, December 23, 2009 2:55 PM
To: lsiegel@cpeo.org; Brownfields Internet Forum
Subject: Re: [CPEO-BIF] EPA summary of "State Brownfields and Voluntary
Response Programs"

I don't think you will find such a specific reference in state voluntary
cleanup or brownfield programs since they operate on the presumption
that someone knows the site is contaminated.

The more common provision will be in the state version of CERCLA that
owners or operator of a facility with knowledge of a spill, discharge,
release in excess of a reportable quantity must report within a certain
time. And they almost never reference a "phase 1".

Note that some states do not have the reportable quantity. Many states
also have separate reporting obligations in their UST programs.
Sometimes these are broader (i.e., "anyone with knowledge of a spill").

However, it usually all comes back to what is a "spill" and given the
active tense of the statutes, they are (with some exceptions) usually
intepreted to mean an ongoing spill and not discovery of historical
contamination.

Larry
Lawrence Schnapf
212-756-2205 (phone)
212-593-5955 (fax)
www.environmental-law.net

Blog: Visit Schnapf Judgment on the commonground community at
http://commonground.edrnet.com/resources/9d51c3f88e/summary

TWITTER: Follow me at www.twitter.com/LSchnapf

Linked-In: http://www.linkedin.com/in/lschnapf

P Please consider the environment before printing this e-mail.




-----Original Message-----
From: brownfields-bounces@lists.cpeo.org
[mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Lenny Siegel
Sent: Wednesday, December 23, 2009 2:43 PM
To: Brownfields Internet Forum
Subject: [CPEO-BIF] EPA summary of "State Brownfields and Voluntary
Response Programs"

State Brownfields and Voluntary Response Programs: An Update from the
States November 2009 U.S. EPA Publication Number: EPA-560-R-09-522

The "State Brownfields and Voluntary Response Programs: An Update from
the States" explores the evolving landscape of state environmental,
financial, and technical programs, including the incentives designed to
promote brownfields cleanup and redevelopment. This user-friendly tool
looks at multiple components of state brownfields and voluntary response

program(s), and provides a synopsis of each state's response program(s)
and contact information.

To download the report, as a whole or by section, go to
http://www.epa.gov/brownfields/state_tribal/pubs.htm#sta



I looked at a sampling of states to see if any require disclosure of
contamination discovered during the conduct of Phase 1 or Phase 2
Environmental Site Assessments. I didn't find any. If anyone else has
better luck, please let me know. (Or tell me if you know of states with
such requirements, even if they aren't in the EPA summary.)

The listed public participation requirements seem to apply to sites
entered into official Brownfields or Voluntary Cleanup programs.

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>
http://www.cpeo.org



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NOTICE

This e-mail message is intended only for the named recipient(s) above.
It may contain confidential information that is privileged or that
constitutes attorney work product.  If you are not the intended
recipient, you are hereby notified that any dissemination, distribution
or copying of this e-mail and any attachment(s) is strictly prohibited.
If you have received this e-mail in error, please immediately notify the
sender by replying to this e-mail and delete the message and any
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*****************************************************************************
U.S. Treasury Circular 230 Notice: Any U.S. federal tax advice included 
in this
communication was not intended or written to be used, and cannot be 
used, for the
purpose of avoiding U.S. federal tax penalties.
***************************************************************************** 




NOTICE

This e-mail message is intended only for the named recipient(s) above. 
It may
contain confidential information that is privileged or that constitutes 
attorney
work product.  If you are not the intended recipient, you are hereby 
notified that
any dissemination, distribution or copying of this e-mail and any 
attachment(s) is
strictly prohibited.  If you have received this e-mail in error, please 
immediately
notify the sender by replying to this e-mail and delete the message and any
attachment(s) from your system.  Thank you.
==============================================================================


--


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

Attachment: CHS%20Reporting%20Regulations%20Fact%20Sheet%2010_23(1).pdf
Description: Binary data

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