News Brief

If you need more information on this subject, call the listed Press Officer

For Release: (Washington, D.C. – Wednesday, Jan. 2, 2008)

EPA Widens Window on Regulatory Process

Contact: Dave Ryan, (202) 564-4355 / ryan.dave@epa.gov

EPA is sharing more information about ways the public can get involved in environmental regulation.

The agency has added new features to one of its most popular Web sites for environmental regulatory information. This site – titled “Laws, Regulations, Guidance and Dockets” - is often the public’s first exposure to EPA’s regulatory activities. Its user-friendliness has been enhanced with easily accessible ways to search and comment on EPA regulations and significant guidance documents, and to learn how environmental regulations are written. The site also includes new sections for finding regulations and related documents, plus regulatory history, statutory authority, supporting analyses, compliance information, and guidance for implementation. Also, for the first time, searches for regulatory information can be conducted by environmental topics, such as water or air, or by business sectors, such as transportation or construction.

The new site is easily accessible from EPA’s homepage and can be found by choosing “Laws, Regulations, Guidance & Dockets” from the left-hand navigation bar.

See the new site: http://www.epa.gov/lawsregs/

COMMENTARY: The part of teh EPA News release article below that really “hit home” for me was that, “Bankruptcy is not a safe haven to avoid environmental responsibilities,” said Catherine McCabe, principal deputy assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA will keep pursuing companies who pollute the environment.”

CA DTSC Introductory Video on Brownfields

The link referenced above is kind of an interesting introduction to brownfields in California.  It provides case studies and success stories and explains how the California Department of Toxic Substances Control can help with redevelopment of environmentally challenged properties

The Brownfields Amendments of 2001, P.L. 107-118, established three landowner liability protections: the bona fide prospective purchaser defense under CERCLA Section 107(r), the contiguous landowner defense under CERCLA Section 107(q), and the “innocent landowner” defense under CERCLA Sections 107(b)(3) and 101(35). In order to qualify for any of these defenses, the landowner must establish that it………..

Ever wonder what exactly “deed restriction” means and how it came about? How about “consent decree”?

Land Use Controls is the place to find out about these and other similar documents.

The article below provides an interesting historical perspective on Superfund and progress on NPL sites.

Established in 1980, under CERCLA, in the amount of $1.8bil. At that time, common belief was that sufficient funds and technology existed to clean up all abandoned hazardous waste sites by 1985.

By 1985, only six sites had been completely remediated. In 1986, the Superfund was replenished to $8.5bil.

By 2002, 810 sites had “construction completed” status.

The article also provides a summary of some remediation methods.

Prospective Purchaser Agreements (covenant not to sue)

Status, Comfort and No-Action Letters (no further action letter)

Negotiated Cleanup Standards (You Don’t Need a Cadillac Cleanup to Park Your Pickup)

Consent Decree (government version of a settlement agreement)

Lease from Redevelopment Agency

Environmental Liability Acquisition Companies

Indemnities and Releases

Environmental Risk Insurance

Comment: Complete article below is from 1996 but still is a great introduction to strategies for limiting environmental liability.

At various times, I come across the term RAP (Remedial Action Plan) and at other times I come across the term RAW (Remedial Action Workplan). I believe the difference might be that the former is used while negotiating with the regulatory agences and the latter is what has been approved by the regulatory agencies, subsequent to the negotiation period.

Question: Can any of our readers correct my interpretation or provide a more precise answer

For purposes of generating discussion, I’m a landowner.

Maybe….I bought a manufacturing company that had been operating for years. Once I took control, I found out the previous owner had been allowing contaminants to seep into the slab of my building and possibly to affect soil and/or groundwater.

Or maybe…..I’ve owned a manufacturing company for years and that pesky shop foreman has bothered me once too many times about the leaky fuel tank out back. I’m going to look into it once and for all to make him stop complaining.

Question: Where do I start? Should I call the City…what department? Should I call the County….what department? Should I call an environmentalist? Should I call that divorce attorney I met at the club? Or should I just rent a backhoe and start digging around out back to see what the problem is?

Question: Are you with the City or the County or a law firm or a consulting firm, or somewhere else? What are your thoughts on where my first call should be?

The attached file includes an article on pages 8-12 by Richard G. Opper, the founding partner of Opper and Varco, LLP, (www.envirolawyer.com), in San Diego, CA.

The article is a very helpful introduction to the Polanco Redevelopment Act, which provides that a redevelopment agency can demand that owners (and other responsible parties) propose and carry out a remedial plan for a property within a project area. If the demand is ignored, the agency can either undertake the work itself and bill back to owners/responsible parties, or force the owners/responsible parties to take on a clean up themselves.

A recent (from 9/03) survey showed that about 60 of the State’s 350 redevelopment agencies were using the act, or had used it. This is not a “last-minute” solution. Using the Act takes lots of foresight.

Ironically, brownfield redevelopment and political circumstances surrounding 9/11 caused a lessening of CERCLA/Superfund liabilities for landowners and therefore affected redevelopment agencies’ abilities to enforce Polanco. Nonetheless, use of the Polanco act has increased.

Question: Have any of our readers been involved with a transaction or development assisted by the Polanco Act? Please tell us about it. Did it help make for a redevelopment that otherwise wouldn’t have happened? Was it an efficient or painful process? Was it worth it?

Question: It seems like the obvious question is, “does the Polanco Act get used only when a redevelopment project area exist to facilitate the act?…..or do cities actually create redevelopment project areas specifically in order to be able to use the Polanco Act on key sites?

Question: Do any of our readers have any other comments?

Click Here To Link To Article