|
March 15-17, 2005
Hyatt Regency New Orleans
500 Poydras at Loyola Avenue
New Orleans, Louisiana
Tuesday, March 15, 2005
11:30-4:45
Registration - Regency Foyer, 3rd floor
(click here for Conference Attendance List)
1:00-1:15
Welcome - Regency E Ballroom, 3rd floor
(click here for Symposium Executive Summary)
- Barbara Coler, Chair, State Response and Brownfields Program Operations Task Force
- Linda Garczynski, Director, EPA Office of Brownfields Cleanup and Redevelopment
- James Brent, Administrator, Office of Environmental Assessment, Louisiana Department of Environmental Quality
1:15-2:45
Implementation of the Standard for All Appropriate Inquiry - Regency E Ballroom
Moderated by Andy Shivas, Tennessee Department of Environment and Conservation
All Appropriate Inquiries (AAI) are one of the most significant yet controversial changes afforded by the 2001 Small Business Liability Relief and Brownfields Revitalization Act. In addition to an update on the status of the new standard, panel members will provide State and community perspectives on its implementation. (click here for Session Notes)
2:45-3:15
BREAK and Check-in - Regency Foyer
3:15-4:45
Sensitive Uses and Brownfields - Regency E Ballroom
Moderated by Barbara Coler, California Department of Toxic Substances Control
Brownfields are increasingly being used for “so-called” sensitive uses, residences, schools, day care centers, hospitals, hospices, and nursing homes. Panel members will discuss California’s innovative, statutorily authorized “school’s program,” where the State environmental agency ensures that schools are built on environmentally safe properties; a case study of the complete environmental renewal of a low-cost housing project in an environmental justice community; and the expedited environmental investigation/cleanup and creative use of Brownfields financing tools to bring a regional cancer center to a Brownfields site in Springfield, Ohio. (click here for Session Notes)
5:30-6:30
RECEPTION - Esplanade A Ballroom, 2nd floor
Wednesday, March 16, 2005
8:15 – 8:45
The ABCs of Aviall & Potential Impacts on Brownfields & Voluntary Cleanup Programs - Regency E Ballroom, 3rd floor
Moderated by Barbara Coler, California Department of Toxic Substances Control
On December 13, 2004, the Supreme Court issued a decision in Cooper Industries, Inc. v. Aviall Services, Inc., 125 U.S. 577 (2004) (Aviall). In Aviall the Supreme Court held that CERCLA Section 113(f)(1) allows a potentially responsible party (PRP) to seek contribution for CERCLA cleanups only “during or following” a “civil action” under CERCLA Section 106 or Section 107(a). The Supreme Court also stated that CERCLA Section 113(f)(3)(B) provides contribution rights for a PRP that resolves its liability to the United States or a State in an administrative or judicially approved settlement. Although the Aviall decision limits contribution rights for PRPs doing voluntary cleanups, it did not affect a non-liable party’s ability to recover its CERCLA costs. The Aviall decision also did not affect a party’s State law claims or causes of actions for cleanups performed under State laws. Since the Aviall decision, there have been many articles written in the environmental press about Aviall. This session will provide participants with a summary of the Aviall decision and an opportunity to discuss their concerns about Aviall’s potential impacts on Brownfields and State Voluntary Cleanup programs. (click here for Session Notes)
- Clarence E. Featherson, Esq., EPA Office of Site Remediation Enforcement
8:45 – 10:15
Long-Term Stewardship: Instruments, Implementation, and Enforcement - Regency E Ballroom
Moderated by Jim Belcher, Missouri Department of Natural Resources
As environmental cleanups move from a formula for cleanups which dictates remediation to background, to a format which is more risk-based in nature, we knowingly allow residual contamination at sites. This has launched what amounts to an ongoing national experiment in long-term management of these sites. The three legs of long-term management are contaminant reduction, contaminant isolation, and long-term stewardship. This session will examine the latter including the tools to accomplish this stewardship such as the instruments, their implementation and their enforcement. (click here for Session Notes)
-Implementation of Institutional Controls in a Privatized Waste Site Cleanup Program and the Growing Acceptance of Land Use Controls as a Tool in Brownfields Redevelopment (1.2 MB): Paul W. Locke, Massachusetts Department of Environmental Protection
-Illinois EPA's Review of Their Institutional Controls Program and the Results of Their Investigations (41 KB): Larry Eastep, Illinois Environmental Protection Agency
10:15-10:30
BREAK - Regency Foyer
10:30-12:00
“Other Fields”: Demonstrating State Program Success and Reuse at RCRA Sites, Petroleum Sites, and Mine Scarred Lands - Regency E Ballroom
Moderated by Janine Commerford, Massachusetts Department of Environmental Protection
The term “Brownfields” goes beyond CERCLA to encompass any site where actual or perceived contamination hinders redevelopment, including petroleum sites, former RCRA sites, and mine-scarred lands. A great number of these sites have been successfully redeveloped using a variety of public and private funding sources and strategies. Case studies will be presented illustrating the successes and challenges encountered during cleanup and redevelopment at several “Otherfields” sites across the country. In addition, mid-stream results of EPA’s new mine-scarred lands initiative will be presented. (click here for Session Notes)
12:00-1:30
LUNCHEON - Regency GH Ballroom, 3rd floor
Whirlwind Tour of State Response Program Brownfields Successes (4 MB)
Moderated by Catherine Sharp, Oklahoma Department of Environmental Quality Speaker: Charlie Bartsch, Northeast-Midwest Institute
1:45-3:15
Innovative State Uses of Section 104(k) and Section 128(a) Funding - Regency E Ballroom
Moderated by Keith Donahue, Idaho Department of Environmental Quality
The federal Brownfields law and EPA guidance limit the use of Section 128(a) funds to only those activities necessary to establish and enhance four identified elements and a public records system. While States and tribes primarily use their Section 128(a) funds for the five identified purposes, the panel will provide creative examples of fitting unique and innovative projects within these allowable uses. (click here for Session Notes)
3:15-3:30
BREAK - Regency Foyer
3:30-5:00
Other Available Tools: Use of Insurance and Non-EPA Financing - Regency E Ballroom
Moderated by Mike Ryan, New York State Department of Environmental Conservation
Among the challenges associated with Brownfields redevelopment are adequate project financing and protection against unforeseen environmental liabilities. Panel members will discuss the innovative use of available State and other non-EPA financing; and the application of environmental insurance to manage risk, including a discussion of current underwriting standards and practices, coverage issues and financial impacts. As a specific example, the need, hurdles, benefits, abilities, and limitations of the Wisconsin Brownfields Insurance Program will be presented. (click here for Session Notes)
Thursday, March 17, 2005
8:00-9:30
Non-Profit Situational Success and Lessons Learned - Regency E Ballroom, 3rd floor
Moderated by Mark Walker, Colorado Department of Public Health and Environment
What is the role that non-profits play in the redevelopment of Brownfields? How can the non-profit sector assist State agencies in the redevelopment? Come learn about the unique role non-profits play in making the “higher hanging fruit” projects doable and hear of the success stories to date. (click here for Session Notes)
9:30-10:00
BREAK and Check-out - Regency Foyer
10:00-11:30
Community Involvement Successes - Regency E Ballroom
Moderated by Amy Yersavich, Ohio Environmental Protection Agency
Combining community involvement with Brownfields redevelopment has often been the subject of opinions that are polar opposites. On one hand, volunteers and Brownfields developers worry that citizen involvement will lead to protest and problems, and on the other hand, communities, along with some volunteers and developers, see community involvement as vital to the success of not only the cleanup but the future success of the business or other development located on the Brownfields site. In this session we would like to promote the idea of the latter by presenting true Brownfields redevelopment examples that became success stories due, in large part, to concerted efforts to involve community members. (click here for Session Notes)
11:30-Noon
Closing Remarks - Regency E Ballroom
Barbara Coler, Chair, State Response and Brownfields Program Operations Task Force, and Linda Garczynski, Director, EPA Office of Brownfields Cleanup and Redevelopment
Noon
Adjourn
|
