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This is an area where I think EPA can use its section 128 authority to "bless" state response programs. Perhaps as a condition of being deemed a "state response program" that is entitled to the federal enforcement deferral, EPA can require production of certain publicly-available information as part of the minimum conditions that state program needs to achieve.
The sort of information that Lenny has suggested would be very useful in helping to evaluate the effectiveness of state programs and the federal incentives that have been implemented to facilitate reuse of contaminated property.
As you all know from my prior emails, I advocate creating a public registry of all phase 1 reports with RECs and any associated phase 2 reports that could be accessed by local community groups so they can provide early input on decisions about whether a site needs to be further investigated or remediated.
To address concerns of consultants that this could potentially expose them to liability (the fallout from the Grand Artists case in NJ back in 1998), access to the portal would require persons accessing the information acknowledge that they are not relying on the reports and understand that access to the portal does not create any contractual privity between the user and the report authors. Sort of like when lawyers put disclaimers on their websites.
Currently, the primary source of information about historically contaminated sites seems to be from newspaper articles. I dont think communities should continue to have to rely on local gumshoes to unearth this information.
Larry
Law Office of Lawrence Schnapf
55 East 87th Street, Ste. 8B
New York, NY 10128
212-756-2205 (p)
212-593-5955 (f)
Larry@Schnapflaw.com
www.schnapflaw.com
-----Original Message-----
From: Lenny Siegel [mailto:lennysiegel@gmail.com]
Sent: Tuesday, March 2, 2010 01:59 PM
To: 'Evans Paull'
Cc: 'Brownfields Internet Forum'
Subject: Re: [CPEO-BIF] Research Question
Evans, In your message, you used the term "cleaned up," but your report uses the phrase "completed state Voluntary Cleanup Programs." Do you have any idea how many of those sites were "cleaned" to industrial standards, as opposed to unrestricted use? Might some of these sites have been made "ready for reuse" without remediating the groundwater, or even putting groundwater remedies into place (meeting the CERCLA standard of operating properly and successfully)? I am not attempting to minimize the value of voluntary cleanups, but I would like to better understand how well they provide long-term protection of public health and the environment. The text on page 15-16 of your report does not really answer this question. Also, in preparing your report, did you make any attempt to determine how many sites had public notification (of VCP activity), public disclosure (or suspected or known releases), or public involvement/oversight of cleanup decision-making? Lenny Evans Paull wrote: > Here, below, is what David Lloyd sent me in relation to state reporting > of sites going through their programs. This indicates that a little > more than 10,000 sites were being cleaned up annually in the years > 2006-08. We looked at previous EPA reporting from state programs when > we published our Economic and Environmental Impact of Brownfields > Analysis in 2008 (available at > http://www.nemw.org/images/stories/documents/EnvironEconImpactsBFRedev.pdf, > but you may have to copy the URL into your browser). We concluded that > the pace of state-overseen cleanups was 6,000 - 7,000 sites annually in > the years preceding 2006. Thus, as you would expect, the pace for 2006 > -2008 was significantly higher than the pre-2006 period. The post-2008 > numbers are not in but it will be really interesting to see how much > they drop off. > > Anyone using any of these data sources should be aware that there are > vast differences in the way states report sites, for example petroleum > sites are reported in some states but not others. > > > Evans Paull, Senior Policy Analyst > > Northeast Midwest Institute > > 50 F Street, NW > > Washington, DC 20001 > > 202-329-4282 (cell) > > fax 202-544-0043 > > epaull@nemw.org > > www.nemw.org > > NEMW Brownfields Website > > > > > From: Lloyd.DavidR@epamail.epa.gov [mailto:Lloyd.DavidR@epamail.epa.gov] > Sent: Wed 1/27/2010 4:52 PM > To: Evans Paull > Cc: Blakely.Myra@epamail.epa.gov > Subject: Re: Brownfields Reauthorization and impact numbers > > Ev- Our latest numbers are as follows (through November 2009): > > 14,632 properties have been reported as assessed > 60,212 jobs have been reported as leveraged > 13.9 billion in cleanup and redevelopment funding has been > reported as leveraged . > > We are in the process of collecting 2009 data for our State and > Tribal Program, but for 2006-2008: > State and Tribal Response Programs report > – Over 142,000 sites are enrolled, > – More than 31,600 have completed cleanups with ICs in place, > – 420,609 acres ready for reuse. > > David R. Lloyd, Director > Office of Brownfields and Land Revitalization > Office of Solid Waste and Emergency Response > 202-566-2731 > > > ------------------------------------------------------------------------ > From: brownfields-bounces@lists.cpeo.org on behalf of Robert Paterson > Sent: Mon 3/1/2010 3:01 PM > To: 'Deb Ranjan Sinha'; brownfields@lists.cpeo.org > Subject: Re: [CPEO-BIF] Research Question > > Texas VCP is in a zip file here: > > http://www.tceq.state.tx.us/remediation/vcp/vcp.html#Database > > > Robert G. Paterson, Ph.D. > Associate Professor > Doctoral Program Chair > 1 University Station B7500 > School of Architecture > The University of Texas > Austin TX 78712-1160 > 512-471-0734 > Fax 512-471-0716 > rgfp@mail.utexas.edu > http://soa.utexas.edu/people/profile/paterson/robert > > > Whatever befalls the earth > Befalls the sons and daughters > Of the earth. > We did not weave the web of life; > We are merely a strand in it. > Whatever we do to the web. > We do it to ourselves… > -Chief Seattle (1788-1866) > Native American (Suquamish leader) > > The information contained in this e-mail message is intended only for the > use of the individual or entity named above. > > Distribution or copying of this communication is prohibited. If you received > this communication in error, please immediately notify me by telephone at > the number above, and destroy the message. > > Thank you. > > > -----Original Message----- > From: brownfields-bounces@lists.cpeo.org > [mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Deb Ranjan Sinha > Sent: Monday, March 01, 2010 10:38 AM > To: brownfields@lists.cpeo.org > Subject: Re: [CPEO-BIF] Research Question > > MA hosts the data here: > > http://db.state.ma.us/dep/cleanup/sites/search.asp > > Deb. > > ----- Original Message ----- > From: "Larry Schnapf" > To: > Sent: Monday, March 01, 2010 9:52 AM > Subject: [CPEO-BIF] Research Question > > > > Is anyone aware of any studies or reports that review the number of sites > being > cleaned up under state voluntary or brownfield cleanup programs? > Alternatively, > is anyone aware what states post this information on their websites? > > EPA does not track total cleanups by states just cleanups by brownfield > grantees. It seems to me that there are enormous data gaps that make > evaluation > of the effectiveness state brownfield/state clean programs very difficult. > > Larry > Law Offices of Lawrence Schnapf > 55 E.87th Street #8BNew York, NY 10128 > 212-756-2205 office > 212-593-5955 fax > Larry@schnapflaw.com > www.schnapflaw.com > > 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 > > _______________________________________________ > Brownfields mailing list > Brownfields@lists.cpeo.org > http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org > > _______________________________________________ > Brownfields mailing list > Brownfields@lists.cpeo.org > http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org > > > ------------------------------------------------------------------------ > > _______________________________________________ > Brownfields mailing list > Brownfields@lists.cpeo.org > http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org -- 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 http://www.cpeo.org _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org
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