GOING FROM BROWN TO GREEN

Transcription

1 I have this great project. I found the perfect location. It might be contaminated Now what do I do? 1 GOING FROM BROWN TO GREEN TCEQ Brownfields Program 2013

2 TCEQ programs to help clean up your site 2 Brownfields Site Assessment Program (BSA) Voluntary Cleanup Program (VCP) Innocent Owner/Operator Program (IOP)

3 Program Purpose 3 To Assist Properties that are Dormant or Underutilized Due to Liability Associated with Real or Perceived Contamination Partner with the U.S. Environmental Protection Agency (EPA) and other Federal, State, and Local Redevelopment Agencies, and Stakeholders

4 Brownfields Project Cycle 2 Assess Before 3 Clean Up 1 Identify Reuse Project After 4 Redevelop

5 BSA Eligibility 5 Governmental Entity or Nonprofit Must not be a Potentially Responsible Party per CERCLA Sites that are NOT Eligible: NPL / Superfund Site Federal Property LUST sites* Sites Under Orders or Permits* *May qualify by site-by-site determinations Contact TCEQ for more info!

6 BSA Process 6 When Requesting a Site Assessment from TCEQ: Provide Application - No Application Fee Signed Access Agreement with Property Owner Assessments Performed by State Contractor, TCEQ Provides Guidance on Environmental Data

7 Benefits of the Brownfields Program 7 Site Assessments for Eligible Entities at No Cost Waived VCP & IOP Oversight Fees for Non-Profits & Governmental Entities Waiver of Liability

8 8 Voluntary Cleanup Program (VCP)

9 Purpose of the VCP 9 Encourage Assessment and Cleanup of Brownfields Properties by Providing Incentives such as: Protection from Enforcement Release from Environmental Liability Risk Based Cleanup Standards Applicable to Many Commercial and Industrial Sites

10 VCP Process 10 Application with Fee, VCP Agreement Executed with Schedule $1,000 Application Fee and hourly oversight fee Conduct Assessment & Cleanup Activities Certificate of Completion Issued to Property after Cleanup Standard Met

11 Benefits of the VCP 11 Expedited Program that is Driven by Redevelopment and a Streamlined Approach to Cleanup Liability Relief for Future Owners & Lenders Allows for True Market Value of the Property

12 12 Innocent Owner/Operator Program (IOP)

13 Innocent Owner/Operator Program 13 Pursuant to H. B of the 75th Legislature, a Person or Entity is Innocent When Contamination from an Off-Site Source Did not Cause or Contribute Allow Reasonable Access

14 IOP Process 14 Application with Fee $1000 application fee and hourly oversight fee Demonstrate Contamination from Off-Site source Site Investigation Report Notify Adjacent Properties Certificate Issued to Current Property Owner/Operator Person or Entity

15 Benefits of the IOP 15 Expedited Program that is Driven by Redevelopment and a Streamlined Approach to Cleanup Liability relief for current owner and/or operator Allows for True Market Value of the Property

16 Involvement with ARC Grantees Technical Experts in State Response Programs Provide letters of support Assist EPA and local governments with assessment and cleanup plans Provide petroleum site eligibility research and determinations

17 Petroleum sites: TCEQ vs. RRC 17 The Texas Railroad Commission (RRC) regulates Oil & Gas exploration and production, including crude oil and natural gas TCEQ and RRC have a Memorandum of Understanding (MOU) 16 TAC 3.30 outlining which constituents each agency regulates. If you have a question, call us!

18 Railroad Commission of Texas Brownfields Response Program (BRP)

19 The RRC regulates waste from the following activities and facilities Oil and Gas Exploration and Production Sites. Pipeline Transportation of Oil, Gas, LNG, Saltwater Natural Gas Processing Facilities. Crude Oil Storage Terminals RRC Permitted Commercial Disposal Facilities.

20 Ways the RRC can assist with grant applications Provide letters of support Provide technical assistance regarding potential chemicals of concern and risk-based cleanup standards. Provide cleanup and assessment for qualified sites.

21 Kelly Wilson, Brownfields Response Coordinator (512) or visit our website at : support/brownfield/

22 Partners- Key Project Roles Local Eligible Entities Project Initiator and Manager Establish Site Reuse Vision or Plan State Technical Decision Maker Liability Protection through State Response Programs US EPA Provides Grants & Free Services to Support Local Projects Provides Grants to Support State & Tribal Programs

23 Brownfields Assistance & Funding Opportunities Cleanup Grants Assessment Grants State Response Programs EPA $ Revolving Loan Fund Grants Job Training Grants Targeted Brownfields Assessments

24 Contact for Further Information 24 André V. Price Brownfields Program Manager (512) TCEQ web site: Brownfields