Regional Planning Commission’sBrownfield Redevelopment Program

RPC’s Brownfield Program

Regional Planning Commission Overview‐ Government Entity ‐ Member Parishes: Jefferson, Orleans, Plaquemines,

St. Bernard, St. Tammany & Tangipahoa Parishes ‐ Commission is made up of elected officials,

community representatives, transportation agencies

‐ Professional Staff carries out day-to-day work

Program Director: Rebecca Otte‐ Secures & Manages Grant Funding (EPA Grants)‐ Oversees Environmental Assessments‐ Helps Applicants through the Environmental Process‐ Coordinates Brownfield-related Outreach

U.S. Environmental Protection Agency (EPA)‐ Provides funding through competitive grants‐ Oversees compliance with EPA grant

requirements

Louisiana Dept. of Environmental Quality (LDEQ)‐ State Environmental Regulatory Agency‐ Overseas technical aspects of environmental

assessments & cleanups‐ Responsible for approving all environmental

cleanup activities‐ Also has a Brownfields Program

Louisiana Brownfield Association

RPC’s Brownfield Partners

What we look for in a Brownfield Project:

Redevelopment of an Underutilized/Abandoned Property which is hindered by real or perceived environmental contamination

Site Champion that will be involved throughout the process

Redevelop will be Income Producing or for Community Benefit

Will help spur further economic development/ investment

Redevelopment is a Good Possibility

Site access

Compliance with EPA’s Continuing Obligations

RPC’s Brownfield Program

What IS NOT included under Brownfields Funding:

Payment for environmental assessments already conducted

Funding for Site Purchase

Funding for Site Redevelopment, unless related to the Cleanup

Payments to other consultants or to property owners for environmental activities

Remediation/ Cleanup Reducing the risk of exposure

‐ Treating contamination on-site or in situ (in the ground)

‐ Removing the contamination

‐ Institutional Controls (e.g., conveyance notice to not allow groundwater to be used for drinking water)

‐ Engineering Controls (e.g., capping contamination with a parking lot)

Goal: Reduce the risk of exposure to unsafe levels of contamination to protect

Human Health & the Environment

Remediation/ Cleanup

Proposed Redevelopment affects the Cleanup Plan

Coordinate Cleanup with Redevelopment

Can layer funding ‐ Public/ private Funding ‐ Grants/loans

EPA Cleanup Funding = Additional Requirements

Examples of Brownfield Sites

Former Schwegmann’s Superstore

Algiers (New Orleans)

Environmental Issue: Needed to address fuel tanks to secure bank loan for site purchase

Proposed Redevelopment: Event Rentals expanded operations

Environmental Work: Event Rentals – Phase I RPC – Phase II & UST Closure

Event Rentals also worked with New Orleans City council to create Economic Development District around the site

Progressive Church Family Life Center

Site History Asbestos in soil from previous fill activities Updated Phase I ESA- former junkyard on

the site Phase II ESA delineated asbestos

contamination & limited area of heavy metal & petroleum contamination

Cleanup: 12,876 tons of soil removed LDEQ Certificate of Completion issued

Sept. 10, 2008

Location: 4th and Cohen Streets, Marrero, Jefferson Parish, LASize: 18 acres

Total Investigation Cost: $111,500 - Paid for through RPC’s Brownfield Assessment Grants; LDEQ waived their oversight fees

Total Cleanup Cost: just shy of $500,000 $200,000 USEPA Brownfield Cleanup Grant (Competitive Selection) $300,000 Loan from RPC’s Brownfield Cleanup Revolving Loan Fund Also received LA Brownfield Cleanup Tax Credit

Garden on Marais4600 Marais St., New Orleans (near Industrial Canal)

Environmental Issue: Former Pesticide Facility Proposed Redevelopment: Community Garden Environmental Work:

RPC Phase I & II assessment Incorporated sampling for LSU Ag Center Evaluation Utilized Workforce Development Students Rec’d NFA from LDEQ

Former St. Rose de Lima Cathedral & School Proposed Redevelopment:

- Charter School Incubator- Artist Space & Support Services- Community Meeting Space

Bayou Treme Center

Environmental Issues: - Underground Tank – Heating Oil- Lead, Asbestos & Bird Droppings

Environmental Work: Phase I & Update Phase II under VRP Closed & Removed UST Prepared Cleanup Plan & Related

Documents Working with BTC on Lead &

Asbestos Abatement

Other Considerations: Historic District Use of CDBG Funding Owned by Catholic Archdiocese

Bayou Treme Center

St. Margaret’s at Mercy Environmental Issues:

- Asbestos in Building- Fuel tanks onsite

Environmental Assessment Work:- Phase I - St. Margaret’s- Phase II Work Plan – City of New

Orleans- Phase II implementation – RPC- Cleanup Plan – RPC

Cleanup Funding:- UST Removal - LDEQ Grant- Asbestos Abatement:

EPA Competitive Cleanup Grant Brownfield Cleanup Loan from

City of New Orleans

St. Margaret’s at Mercy Redevelopment Planning Underway:

- Senior Living Facility already built- Additional Senior Living Units in

Renovated Structure- More information on the tour!

Considerations:- Historic Tax Credits- Significant community interest

Falstaff BreweryLocation: 2600 Gravier Street, New Orleans, LASize: 8 acres

Site History: Brewery Closed in 1978; Site left vacant Phase I ESA conducted in Aug. 2005 in

preparation for site purchase; Paid for by RPC Brownfield Assessment Grant

Extensive Asbestos Containing Materials, Lead-Based Paint, and Solid Waste throughout 7-Story Structure

Falstaff Properties I LLC purchased property and cleaned up contamination

Success Status: Opened in 2008 Currently at 95% Occupancy Mixed-Use Residential & Commercial Property Includes Affordable Housing Units

Before:

After:

New Orleans BioInnovations CenterLocation: 1441 Canal St.

Site History: Former gas station UST Cleanup funded by the LA Dept. of

Economic Development and U.S. EDASuccess Status: LEED Gold 200 direct jobs Clad with precast panels fitted with glass, which

reduces the amount of heat entering the building.

Sunscreens on the glazing provide lighting and storm protection and reduce energy costs.

The white reflective roof of the building also reduces the energy costs. Other sustainable features of the facility include a rainwater retention system to collect water from the roof and electric vehicle charging stations.

Considerations for Brownfield Funding

EPA Funding Comes with Strings Attached

EPA & LDEQ approvals

EPA reporting

Quality Assurance Project Plan

RPC helps with “string management”

RPC helps facilitate the LDEQ review process by:‐ Flagging sites as redevelopment projects‐ Reviewing documents prior to submission‐ Working with the LDEQ Team Leaders on timing

Brownfields does not move quickly

Takes about 30 days to enroll a site

‐ Timing depends on how long it takes to receive paperwork & access agreement from applicant

Phase I: 60-90 days (normally 30 days with private funding)

Phase II: 6- 12 months

VRP Phase II: 12 – 18 months

Cleanup: At least 12 months

Brownfields Timing

Contact Information

Rebecca Otte

Brownfield Redevelopment Program Director

Regional Planning Commission

brownfields@norpc.org

(504) 483-8513

Questions?

Environmental Process

Site Cleanup/Reuse Plans & RemediationAddress contamination to mitigate risk of exposure that may impact human

health or the environment

Not always in this order

Phase I Environmental Site Assessment (ESA)Research report to look at what was at the site previously and what’s there now

and identify any potential environmental concerns

Phase II Environmental Site Assessment (ESA)Collect and analyze soil and groundwater samples to determine if

contamination is present and if so, to what extent

Environmental Process

Reasons to Conduct a Phase I Environmental Site Assessment:

Determine if contamination may be present

‐ Avoid surprises during the construction phase

‐ Reduce purchase price

‐ Address environmental issues prior to redeveloping the site

Document site conditions before you purchased it

‐ Liability Protection from EPA & LDEQ

‐ Eligibility for Brownfield Funding

Environmental Process

Liability Protection Conditions:

Phase I Environmental Site Assessments must meet EPA’s All Appropriate Inquiry / ASTM E1527-13 Standard Performed by a “Qualified Environmental Professional”

Timing: Important to time the Phase I assessment to ensure it’s valid at time of purchase

‐ Phase I Assessments expire after 1 year for liability protection

‐ Portions of the Phase I report need to be updated after 6 months

Environmental Process

Regulatory Oversight Options for

Phase II Assessments and Cleanups/ Remediation:

Traditional Oversight - Commonly called RECAP: Risk Evaluation/ Corrective Action Program

Only address areas with recognized environmental concerns Assessment Phase is generally quicker and lower costs May need to sample offsite to determine horizontal extent of

contamination (increases costs & time) Less flexibility if cleanup is required LDEQ may reopened the investigation in the future (e.g., if LDEQ lowers

the maximum safe concentration levels of a contaminant found onsite)

Environmental Process

Regulatory Oversight Options for Phase II Assessments and Cleanups/ Remediation:

VRP: Voluntary Remediation Program Investigation/Cleanup covers the entire Site as defined by the Applicant Requires additional sampling & analysis which increases upfront costs Requires public notice & specific LDEQ approvals which increases time Not required to sample offsite to determine horizontal extent of

contamination (may save costs & time) More flexibility if cleanup is required

Can use Engineering/ Institutional Controls Once the LDEQ approves the cleanup, the site cannot be reopened

Liability protection flows down to future owners

Example: Traditional Program/ RECAP

Building

Heating Oil Tank

Fuel Tank

Example: Voluntary Remediation Program

Building

Heating Oil Tank

Fuel Tank

RECAP Investigation (Phase II ESA) VRP Investigation (Phase II ESA) Generally lower in costs

- Less samples collected- Fewer pollutants to analyze for

Generally a faster process- No public notice required

May miss contamination in another area of the site

May need to sample offsite to determine horizontal extent of contamination

Generally more expensive - Requires more samples to be collected - Requires a wider range of analyses More time consuming

- Specific process requires more approvals - Public notice requirements May find other contamination that was not

previously known Investigation confined to site boundaries

RECAP Remediation/ Cleanup VRP Remediation/ Cleanup Remediation of all risks is required, e.g. any

contamination that is above RECAP standards needs to be remediated

Engineering/ Institutional controls generally not acceptable

Remediation can be tailored for the intended future use of the site

Engineering/Institutional controls may be used to prevent exposure to contamination

- Cost savings

RECAP Final Result VRP Final Result No further action at this time (NFA) letter

from LDEQ Site may be reopened in the future (for

example, if LDEQ lowers the maximum safe concentration levels)

Certificate of Completion (COC) for the entire site defined in the application

Release of liability from EPA & LDEQ for all past contamination at the site (transferable to future site owners)

Environmental Process - Cleanup

Remediation/ Cleanup is reducing the risk of exposure to contamination at the site as detailed in the Site Cleanup Plan, including:‐ Treating contamination on-site or in situ (in the ground)‐ Removing the contamination‐ Institutional Controls (e.g., conveyance notice to not allow

groundwater to be used for drinking water)‐ Engineering Controls (e.g., capping contamination with a parking

lot)

Goal: Reduce the risk of exposure to unsafe levels of contamination to protect Human Health

& the Environment

Environmental Process - Cleanup

Proposed Redevelopment affects the Cleanup Plan

Coordinate Cleanup with Redevelopment

Can layer funding ‐ Public/ private Funding ‐ Grants/loans

EPA Cleanup Funding = Additional Requirements

Web Resources

US Environmental Protection Agency’s (EPA’s) Brownfields Website: www.epa.gov/brownfields/

US Department of Housing and Urban Development (HUD): http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/economicdevelopment/programs

EPA’s RE-Powering America’s Land Initiative: www2.epa.gov/re-powering

The Brownfield and Land Revitalization Technology Support Center (EPA, USACE, ANL): www.brownfieldstsc.org