You may be interested in the results of the survey and panel discussion that took place between the attendees and the Speakers on the topic:
“How International Companies deal with Remediation in China: what are challenges and needs and which strategies are available to manage liabilities and reputation”.
Speakers included representatives from Industry, government, local institutes, Lawyers and local remediation engineering company CH2M HILL.
2. Table Of Content
• Agenda and Venue
• Summary Survey and Panel Discussion
• Slides of the presentations
• White Paper on Sustainable Remediation providing
the latest insight on Sustainable Remediation
(published 30 June 2009)
• For info on event:
- johnny.browaeys@ch2m.com (+86 1376 1894 720)
- Lie.Ma@ch2m.com (+86 1370 1742 423)
- speakers contact details at the first page of respective presentations
3. Sustainable Redevelopment of Contaminated Site Seminar
B
受污染地块可持续性再开发研讨会
About CH2M HILL
Jiuzhou Conference Room D
Headquartered in Denver, Colo., employee-owned
4 Floor, Jianguo Hotel Shanghai
CH2M HILL is a global leader in full service consulting,
439 Cao Xi Bei Road,
construction and operations for government, civil, industrial
Shanghai China
and energy clients. CH2M HILL has over 25,000
Tuesday 23rd June, 2009
employees and USD 5.8 billion in revenue in 2008. The
firms’s work is concentrated in the areas of environment,
会议地点:上海市建国宾馆 4 楼九州厅 D
water, energy, transportation, nuclar and industrial facilties.
上海市漕溪北路 439 号建国宾馆 4 楼南丹路口
CH2M HILL has long been recognised as a most admired
会议时间:二〇〇九年六月二十三日 (星期二)
company and leading employer, including being named by
主办单位:西图中国公司
Fortune as one of the 100 Best Companies to Work For in
the US and one of America’s Most Admired Companies
Subjects of the Seminar:
(2008).
• Updating remediation regulations and technologies
CH2M HILL is recongised as the largest environmental firm
• Soil remediation in Shanghai
in the US for consective three years by Engineering-News
• Best practice of property remediation and
Record (ENR).
sustainable approach in industry
As the first international company operating in China,
• Case studies of successful revitalization of
CH2M HILL obtained Environmental Impact Assessment
contaminated properties
License from Chinese government in 2001.
研讨会的主题:
• 地块修复技术和法规的最新发展
• 当前上海地区的土壤修复的状况 关于西图集团
• 土壤修复可持续方法在企业中的实践和管理模式 西图集团总部位于美国科罗拉多州的丹佛是一家
• 受污染地块重新开发的真实成功案例 全球领先的项目咨询、设计、施工和运营公司。
西图集团在全球拥有约 25,000 名员工, 2008 年营
Eminent speakers from: 业额约为 58 亿美元,是美国财富 500 强企业。西
• Shanghai Environmental Protection Bureau 图集团侧重的行业领域包括环境、水、能源、交
• Shanghai Environmental Science and Research Institute 通、核能和工业设施。
• CH2M HILL
• Honeywell 西图集团长期被认为是最受尊敬的公司和雇主。
• Squire, Sanders & Dempsey L.L.P. 集团得到的荣誉包括被财富杂志评为 2008 年美国
最受尊敬的公司和最佳 100 家雇主之一。
主要发言人将来自于:
• 上海市环境保护局 西图集团已经连续三年被美国权威的工程新闻杂
• 上海市环境科学研究院 志(Engineering -News-Record)评为美国最大的环
• 西图公司 境公司。西图中国公司在 2001 年成为第一家获得
• 霍尼维尔公司 中国政府颁发的环境影响评价资质的外资咨询公
• 美国翰宇律师事务所 司。
4. Seminar Agenda 日程安排
Tuesday 23rd June, 2009 2009年6月23日(星期二)
13:00 Registration 13:00 签到
13:30 Kick Off Speech: Mr. Gene Lupia 开幕致词:
13:30 开幕致词
President, Environmental Services Business Gene Lupia 先生
Group, CH2M HILL 环境服务集团总裁
集团总裁,
环境服务集团总裁 西图公司
13:45 Words from Shanghai EPB 13:45 上海市环境保护局领导致词
Mr. Hailing Luo 罗海林先生
罗海林先生
Director of Aquatic Environment and Ecology
水环境与自然生态处处长
Department, Shanghai EPB
上海市环境保护局
第一部分:
14:00 第一部分 如何运用先进的地块分析手段及修复
14:00 Session One: Streamlined Site Characterization
and Risk-based Remediation to Facilitate 技术来推动受污染地块的复原和重新开发
Expedited Revitalization and Redevelopment of Terry Feng 博士
Contaminated Properties 首席技术专家
Dr. Terry Feng 西图公司
Principal Technologist, CH2M HILL
14:30 Session Two: Remediation and Re-development in 14:30 第二部分: 上海地区的土壤修复和开发
部分 上海地区的土壤修复和开发
Shanghai and Case Studies 罗启仕博士
罗启仕博士
Dr. Qishi Luo 土壤修复所所长
Remediation Manager, Shanghai Acadmey of 上海市环境科学研究院
Environmental Science
15:00 Tea Break 15:00 茶歇
15:30 Session Three: The Sustainable Approach to
第三部分:
15:30 第三部分 环境修复的可持续方法
Environmental Remediation
吴涛先生
Mr. Tao Wu
Manager of Global Remediation and Evaluation, 全球场地修复和评价经理
Honeywell 霍尼维尔公司
16:00 Session Four: Review of Contaminated Land 第四部分:
16:00 第四部分 中国的污染场地的环境责任
Environmental Liabilities in China 李康熙先生
李康熙先生
Mr. Charles R. McElwee, II 美国翰宇律师事务所
Squire, Sanders & Dempsey L.L.P.
16:15 Open Discussion, Challenges and Practices of 16:15 第五部分: 讨论, 跨国公司在场地污染和修复问
部分 讨论,
MNCs in China on site contamination and 题上面对的挑战和实践
remediation 庄尼先生
庄尼先生
Moderator: Mr. Johnny Browaeys 环境业务总监,
环境业务总监,西图公司
Operations Director of Environmental Services
CH2M HILL
16:45 Adjourn 16:45 休会
5. Survey and Panel Discussion
CH2M HILL
西图建筑工程(上海)
西图建筑工程(上海)有限公司
Johnny Browaeys
johnny.browaeys@ch2m.com
6. Approach
• Survey based on feedback from 55 participants
(50MNC, 5 institutes)
• Enquiring for challenges and needs for stakeholders
considering remediation in China
• Interactive discussion between attendees and panel:
Legal Advisor Squire, Sanders & Dempsey L.L.P.
Shanghai Academy of Environmental Sciences (SAES)
Industry: Honeywell
Remediation Engineer: CH2M HILL
E112004002BDS
2
7. Survey: CHALLENGES (scale 1-10)
• Managing environmental liabilities for soil and
groundwater pollution during transactions – 4.7
• Unclear regulatory framework – eg. when is
remediation required, which clean up objectives? – 4.6
• Lack of consistency between different regions – 4.5
• Quality of consultants – 4.3
• Quality of labs – 4.2
• Consistency between National and Local policies – 4.1
• Lack of companies in China experienced with remedial
engineering – 4.0
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8. Survey: NEEDS (scale 1-10)
• Find a way to solve the pollution problem without
interfering with production – 5.3
• Control of costs, especially now during the financial
crisis – 4.8
• Better understanding of what are the real risks related
to soil and groundwater – 4.6
• More knowledge of the regulations – 4.4
• More knowledge on understanding the business risks
related with soil and groundwater pollution – 4.3
• Better understanding of your corporate strategy on soil
and groundwater liabilities – 3.4
E112004002BDS
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9. Panel – strategies for MNC
• Remediation in China: waking sleeping dog or
managing future (and actual) liability?
• Communication strategy for dealing with local
authorities that have different agenda or lack
experience with soil and groundwater pollution
• Managing “2 dreams in one bed” (Joint-Ventures)
• Importance of Asset Management Strategy
• Different drivers behind implementation of grey
regulatory framework (eg. closure EIA’s / clean up)
• Rising awareness and managing expectation
• Clean up triggers and “Stay Out” situations
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10. Panel – remediation technologies
• Commercially available solutions versus locally design
and build ?
• Remediation “Engineering” versus “Solutions from the
shelf”
• Reducing Capital Investment and managing O&M costs
• Optimizing remediation budget in the financial crisis
• Leveraging facility upgrades (remediate and build)
• Engineer solutions using excess capacity existing
facility utilities (steam etc.)
E112004002BDS
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11. Panel – government and policy
• New soil regulation “next year” (since the last 5 years)
• Unclear reporting level to submit Remedial Action Plan
• Link with EIA regulations
• Independency
• MEP vs Superfund
• MEP vs RBCA
• What changed from SEPA to MEP?
• Local government “developing” brown fields
• Value of brown fields in cities – forced relocations
• Role of project developers and MNC for cleaning up
China?
E112004002BDS
7
13. Sustainable Redevelopment of Contaminated Land Seminar
June 23, 2009, Shanghai, China
Streamlined Site Characterization and Risk-
based Remediation to Facilitate Expedited
Revitalization and Redevelopment of
Contaminated Properties
June 23, 2009
Terry Feng, Ph.D., P.E.
Terry.Feng@ch2m.com
14. Presentation Outline
Introduction –
Drivers, trends, and tools for revitalization and/or
redevelopment of contaminated properties
Examples
Highlight of October 2008 U.S. EPA Document
Revitalization of a closed chemical plant in Southern
California
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15. Drivers / Motivations
Why do we care about contaminated properties? We care
because it is an intuitively right thing to do. More
specifically, it is:
good for the economy
necessary to ensure protection of human health and environment
added value for property owners – enhanced property value and
reduced liability
a part of many deep-pocket corporations’ asset management / property
divestiture program
a demonstration of great Corporation Citizenship
a contractual obligation for sellers or buyers through real estate
transactions
required by regulation
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16. It also fits nicely with the three parts
sustainability model…
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G
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So
tio
on ni
rs ga
al
Pe Or
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17. Trends (Observed in U.S.)
Government leads the way
More corporations are doing it
More investors and developers are involved
More owners interested
More reputable and experienced contractors
involved
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18. Tools and Methodologies
Brownfield regulations (U.S., Europe, Canada….)
Incentives from federal, state and local governments
Risk sharing through contractual and legal mechanisms (liability
transfer, insurance, price guarantee)
Risk management through land use covenant (deed restriction
and institutional controls)
Flexible and streamlined regulatory processes
Support for application of innovative site characterization and
remediation technologies
Triad, DPT, MIP
ERD, ISCO, SVE/MPE, GCW/ART, ERH/ISTD, PRB, Phytoremediation
June 23, 2009 Copyright 2009 by CH2M HILL. Reproduction and distribution in whole or in part without the written consent of CH2M HILL is prohibited. 6
19. Presentation Outline
Introduction –
Drivers, trends, and tools for revitalization and/or
redevelopment of contaminated properties
Examples
Highlight of October 2008 U.S. EPA Document
Revitalization of a closed chemical plant in Southern
California
June 23, 2009 Copyright 2009 by CH2M HILL. Reproduction and distribution in whole or in part without the written consent of CH2M HILL is prohibited. 7
20. October 2008 U.S. EPA Document
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21. U.S. EPA: 10 Contributors for Successful
Revitalization of Mothballed Properties
1. Reuse First (owners take initiative)
2. Recruit Redevelopers
3. Local Leadership
4. Craft Creative Corporate Strategies
5. Take Advantage of State Tools & Resources
6. Coordinate Cleanups
7. Leverage Federal Funding & Support
8. Assist the Mom & Pops
9. Reduce Risks
10. Create Comfort
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22. U.S. EPA: 11 Project Profiles of Successful
Mothballed Property Revitalization
1. Car Company Revitalizes Old Manufacturing Sites
2. Ohio Development Team Overcomes Barriers to Reuse of Mothballed Waterfront Property
3. Manufacturer Takes a Prevention Approach to Mothballed Properties
4. Chemical Company Ranks Sites and Reaches out to Regulators for Reuse of
Underutilized Properties
5. Pennsylvania Buyer-Seller Agreement Facilitates Reuse of Old Manufacturing Site
6. Vacant Site to Become Rochester Sports Complex
7. Milwaukee Master Plan Renews Old Industrial Valley
8. Environmental Extension Center Helps Seattle Small Businesses on Contaminated Properties
9. West Virginia Small Cities Create A Commerce Corridor
10. Colorado Brownfields Foundation Helps Mom & Pops with Environmental Stewardship
Program
11. Innovative Building Reuse Program Spurs Revitalization of North Carolina Small Towns
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23. Presentation Outline
Introduction –
Drivers, trends, and tools for revitalization and/or
redevelopment of contaminated properties
Examples
Highlight of October 2008 U.S. EPA Document
Revitalization of a closed chemical plant in Southern
California, U.S.A.
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24. Site Location and Surroundings
Prime South Bay
location – only a few
miles from the
Pacific Ocean and
LAX
Surrounded by
industrial /
commercial
properties
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25. Site History
The 56-acre chemical
plant was initially
developed in 1920s and
ceased operation in 2003
Main industrial activities
included:
Sulfuric acid production
Pesticides
packaging/distribution
Phthalic anhydride
production
Solvents packaging and
distribution
Refrigerants production
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26. 1991 Aerial Photo of the
Chemical Plant
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27. Feb. 2003 Aerial Photo – Right before Plant
Closure and Facility Demolition
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28. 2004 - Demolition Completed
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29. Site Revitalization Strategy
City re-zoned the parcel from
Industrial to Commercial and
approved the plan to develop
the land into an nice retail
center
Prime location helps -
developer agreed to pay
$1,000,000 USD per acre for
redevelopment while the plant
owner carries all environmental
liabilities including achieving
“Regulatory Closure” on
Closure
shallow soil and “Approved
RAP” for deep soil before the
RAP
buyer writes the check
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30. Phased Redevelopment Plan
Phase I:
43 acres including northern
parcels and southwest corner lot
parcel
Retail center including Whole
Foods, Best Buy, Barnes & Noble,
etc. as well as restaurants
Retail center open for business
by 2006 holiday season
Phase II:
13 acres of UND-4&5 parcels
Industrial/commercial
development at a later time along
with the parcels in the east and
west
This presentation focuses on
Phase I project
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31. Aggressive Schedule Milestones
Feb. 2003 - ceased facility operation and began facility demolition
and site characterization
Early 2004 - completed demolition and site characterization
Late 2004 – completed remediation of 23 shallow soil hot spot areas
Middle 2005 – received regulatory no-further-action (NFA) letter
(a.k.a., “Regulatory Closure”) for shallow soil on Phase I parcels
Late 2005 – regulatory approval of sitewide remedial action plan
(RAP) for deep soil vapor plume (a.k.a., “Approved RAP”)
Early 2006 – Began redevelopment grading and vertical construction
Late 2006 – newly constructed retain center opened for business
Achieving “Regulatory Closure” for shallow soil and “Approved
RAP” for deep soil vapor plume were two owner’s obligations that
must be satisfied prior to the real estate closure
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32. Strategic Planning
Identify critical success factor – meeting
schedule milestones
Focus on critical path work scope:
Site characterization
Risk assessment
Shallow soil remediation
Find and use innovative solutions
Strive for dedication, cooperation and teamwork
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33. Technical Approaches
The following three technical elements were critical
contributors to the overall success of the project:
Expedited Site Characterization supported by a “dynamic” work
plan - the Triad approach
Expedited Risk Assessment conducted concurrent with the field
investigation; early development of site-specific “risk per unit
concentration” values for all site chemicals allowed real time
cumulative risk calculations
Expedited Shallow Soil Remediation conducted as an interim
remedial measure (IRM) led to significant schedule savings
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34. Expedited Site Characterization
More than 500 soil borings drilled
More than 1400 soil samples
collected
More than 1400 soil samples
analyzed for VOCs
More than 1100 samples analyzed
for SVOCs, PCBs, pesticides,
metals & TPH/GROs
Mobile labs used to expedite field
screening
More than 350 soil vapor samples
collected and analyzed for VOCs
Water Board RI approval letter
issued April, 2005
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35. RI Site-Characterization Report and
Remedial Detected Preliminary Screening for Potential
Work Plan and
Investigation Implementation
Chemicals Shallow-Soil Hot Spots
Soil Gas;
Johnson & Ettinger
1 mg/m3
Vapor Intrusion Model
(assumption)
Risk-Assessment Processes
Risk and Hazard Estimates at
Unit Concentrations Soil; Risk Risk- and Hazard-
1 mg/kg Assessment Estimates
(assumption) Methodology Per Unit Concentration
Cumulative Risk & Hazard Estimate of Cumulative Risk- and Hazard- Analytical
(for all chemicals at the area) Risk and Hazard Estimates × Results for
At Hot-Spot Locations Per Unit Concentration Hot Spots
Is
Remedial Action Decisions No No Further Action
Cumulative Risk Estimate >10-5
IRM Work Plan and Final RAP (NFA)
Or
Hazard>1?
Yes
Figure 1
Develop and Implement IRM and Final RAP ***
(based on most-stringent, relevant exposure scenario)
Risk Management Honeywell
El Segundo, California
Decision Flow
June 23, 2009 23
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*** Potential impact to groundwater from deep soil are addressed in the fate & transport analysis of the final RAP. Diagram
PARSONS
36. Identification of shallow soil hot spots
46 hot spot areas initially identified 23 hot spot areas retained after site-
based on available regulatory specific risk assessment as hot
screening levels (PRGs, ESLs, spots for remediation
CHHSLs, SLs, etc.)
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37. Expedited Shallow Soil Remediation
TRIAD approach for IRM using a stepwise
excavation-confirmation process
Step 1 removed impacted soils based on initial
estimate
Removal action continued until concentrations of all
risk drivers were below RBCGs for the hotspot
More than 20,000 cubic yards of soils were
removed from the 23 hotspot areas
Post-IRM risk assessment conducted to ensure
achieving target risk management goal
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38. Final Regulatory Approval
Completion of shallow soil IRM satisfied required shallow soil matrix
remedial actions
Agency approval of the IRM Completion Report satisfied the
requirement for shallow soil closure
The NFA letter for shallow soil was issued in June 2005 as
consistent with the redevelopment plan
A remedial action plan (RAP) was also submitted and approved by
agency in 2006 which satisfied the remainder requirement for the
property sale and redevelopment
*** It may be worthy of noting that deep soil and groundwater cleanup
is not required prior to site redevelopment
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39. Mission Accomplished
Feb. Dec.
2003 2007
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40. Project Progress
Some aerial photos showing progress of site demolition,
grading, deep remediation system installation and
redevelopment construction project
Some photo shots after redevelopment construction has
completed and retail center opened for business
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41. 2004 - Post Demolition and Prior to
Grading Activities
Piles of crushed
concrete from
demolished
buildings/foundations
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42. 2005 – SVE System Installation Prior to Building
Construction, SVE Wells and SVE Pipe Laterals
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43. April 2005 – Retail Store Construction
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44. Jan. 2007 – Aerial View of Plaza El Segundo
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45. Nov. 2006 – New Retail Stores Open for
Business
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46. Nov. 2006 – Retail Stores Open for Business
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47. Nov. 2006 – Retail Stores Open for Business
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48. Conclusions
Strategic planning to identify and focus on
critical success factors,
critical path scope elements, and
innovative solutions
to address them are critical for the ultimate success of
the project
Teamwork from the entire project team including
the owner, developer and regulatory agencies,
were crucial factors for the success of the
project
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49. Questions?
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51. Outline
1. Recent development on site
management in China
2. Process management of site
remediation in Shanghai
3. Site Remediation by SAES: Case studies
4. Site Remediation Research in SAES
67. What We did for EXPO Site Remediation
Developed “Standard of Soil Quality Assessment
for Exhibition Sites”;
Recommended demolish guideline;
Investigated and monitored EXPO sites;
Developed master plan of soil remediation on
EXPO site;
Conducted soil remediation;
Carried out an after-care program.
70. Developed site sampling and monitoring
methods and demolish guideline
Using GPS
Deep sampling
Geostatistics
Demolish guideline to prevent new
pollution
72. Developed Standard of soil quality for exhibition
sites
The State EPA issued
“Standard of Soil Quality
Assessment for Exhibition
Sites” on June 15, 2007,
effective on August 1,
2007;
China has the first criteria
of soil quality assessment
for SITE.
104. Shanghai Forum for Revitalization of Contaminated Properties
Shanghai Forum for Revitalization of Contaminated Properties
June 23, 2009
The Sustainable Approach to
Environmental Remediation
Tao Wu
tao.wu@honeywell.com
105. Honeywell.com
Sustainability
• What does this really mean?
• Idea of “Sustainability” or “Sustainable
Development” from the UN’s 1987 Brundtland
Report:
– Environmental protection will not be sustained unless it is
coordinated with economic development
– Our natural resource base is finite, and we must re-think and
re-engineer development to preserve that resource base for
ourselves and future generations
– Communities/stakeholders should be deeply engaged in
environmental decisions to make the results sustainable
2 Honeywell Proprietary
106. Honeywell.com
Honeywell’s Sustainable Opportunities Policy:
By integrating health, safety and environmental
considerations into all aspects of our business ...
– We actively promote and develop opportunities for
expanding sustainable capacity by increasing fuel efficiency,
improving security and safety, and reducing emissions of
harmful pollutants.
– We identify, control and endeavor to reduce emissions,
waste and inefficient use of resources and energy.
– We are open with stakeholders and work within our
communities to advance laws, regulation and practices that
safeguard the public …
These are our commitments to health, safety, and the
environment, and to creating Sustainable Opportunity
everywhere we operate.
3 Honeywell Proprietary
107. Honeywell.com
Sustainable Development
• Redevelopment and/or reuse of contaminated
properties is the optimal way to make an
environmental remediation (remedy) sustainable.
• A sustainable remedy has the best opportunity for
satisfying stakeholders and communities.
• Sustainable remedies have highest likelihood of
success.
4 Honeywell Proprietary
108. Honeywell.com
Redevelopment and Reuse
• Why does redevelopment and reuse work?
– Links environmental protection and economic
development
– Preserves finite natural resources
– Involves affected stakeholders
• The new frontiers for the sustainability
– It’s the climate,
– Brown to green
– The urban planning approach
5 Honeywell Proprietary
109. Honeywell.com
Redevelopment and Reuse
• Case studies
– Syracuse, NY
– Baltimore Inner Harbor, MD
– Jersey City, NJ
6 Honeywell Proprietary
110. Honeywell.com
Syracuse, NY
Renewable Fuels
Town of
Town of
Van
Van Liverpoo
Buren Liverpoo
Buren ll
Honeywell Willow
T
To
To edd n of s
To edd n of s
ow To ed
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Demonstration
G w u
wn ow d
wn es
wn es
Toami
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To mil
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of n o es
of n o s
T ed
of
of
S
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Onondag
Onondag
a Lake
a Lake
Ninemile
Ninemile
Creek
Creek
k
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Shrub Fairground
Willow Farm s West Flume
Carouse
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LCP
Geddes
Geddes Mathews
Brook
Brook Former Metro
Ave Main
Plant
7 Honeywell Proprietary
115. Honeywell.com
Syracuse, NY
Renewable Fuels Project Approach
• So, Linking
– Environmental & economic improvements
– Preserving & enhancing resources
– Deep engagement with affected community
– Climate
– Brown to Green
12 Honeywell Proprietary
121. Honeywell.com
Baltimore Inner Harbor, MD
• So, Linking
– Environmental & economic improvements
– Preserving & enhancing resources
– Deep engagement with affected community
– Brown to Green
18 Honeywell Proprietary
122. Honeywell.com
Jersey City, NJ
Project Location
19 Honeywell Proprietary
123. Honeywell.com
Jersey City, NJ
100 Acres Along The Hackensack River
20 Honeywell Proprietary
124. Honeywell.com
Jersey City, NJ
Connected to the rest of City through an
Proposed Layout Showing Green Space extension of the existing Light Rail
Walkway Along the Hackensack River
21 Honeywell Proprietary
125. Honeywell.com
Jersey City, NJ
• So, Linking
– Environmental & economic improvements
– Preserving & enhancing resources
– Deep engagement with affected community
– Brown to Green
– The urban planning approach
22 Honeywell Proprietary
126. Honeywell.com
Sustainability = Success
• Redevelopment and reuse is what will truly make an
environmental cleanup sustainable
– Resource conservation
– Coordinate Economic/Environmental development
– Working with impacted communities on clean up and end use
• Redevelopment and reuse encourage the kind of growth we
want and need for a sustainable future:
– Smart growth development that concentrates spaces to live, work, play and
commute, optimizes energy efficiency, and preserves open space
• Redevelopment and/or reuse should make the
sustainability link more explicit by encouraging renewable
energy, green buildings and brownfield area planning
• Sustainable remedies key to best lifecycle remedy: if it’s
sustainable, everyone will have a stake in making it work
for the long run
23 Honeywell Proprietary
127. Review of Contaminated Land
Environmental Liabilities in China
中国的污染场地的环境责任
Charles R. McElwee, II
cmcelwee@ssd.com
Squire, Sanders & Dempsey, LLP
美国翰宇律师事务所
Shanghai, China
SQUIRE, SANDERS & DEMPSEY L.L.P.
128. General Proposition: Polluter pays
Environmental Protection Law (Article 41):
A unit that has caused an environmental
pollution hazard shall have the obligation to
eliminate it and make compensation to the unit
or individual that suffered direct losses.
SQUIRE, SANDERS & DEMPSEY L.L.P.
130. On-Site Contamination
• Very few provisions of Chinese law address
responsibility for investigation or
remediation of on-site contamination.
• Those that do generally only impose
obligations when the ownership/control or
use of property changes.
SQUIRE, SANDERS & DEMPSEY L.L.P.
132. Regulation on Discarded Hazardous
Chemicals (effective 2005/10/01)
Article 14: "In case any entity that undertakes the
production, storage or use of hazardous chemicals
changes its line of production, stops production,
stop business operation or dissolves, it shall . . . in
light of the relevant state standards and criterions
on environmental protection, test the soil and
underground water around the factory, compile
environmental risk assessment report, and report
its findings to the relevant EPB."
SQUIRE, SANDERS & DEMPSEY L.L.P.
134. Notice on Duly Carrying Out the Work Associated With the
Prevention and Treatment of Environmental Pollution During
Enterprise Relocation (2004/06/01)
• Enterprises & Laboratories that produce
hazardous waste cease production or nature
of operations changes:
– Arrange for soil sampling
– Responsible for controlling & rehabilitating the
usage and function of soil
SQUIRE, SANDERS & DEMPSEY L.L.P.
136. Solid Waste Law (Article 35)
• If a unit where industrial solid waste is generated need to be terminated, it
shall, in advance, take measures to prevent and control pollution from the
facilities and grounds for storage or treatment of industrial solid waste and
make proper arrangements in respect of the untreated industrial solid waste to
prevent environmental pollution.
• Where the parties before the change is made have agreed otherwise in respect
of their responsibilities for prevention and control of pollution by industrial
solid waste and by the facilities and grounds for its storage and treatment, their
agreement shall prevail; but they shall not thus be relieved of their duty to
prevent and control pollution.
• The expenses for safe treatment of the industrial solid waste that has been left
untreated by the unit terminated before implementation of this Law and for
safe treatment of the facilities and grounds for storage or treatment of such
waste shall be borne by the people's government concerned; but if the land use
right enjoyed by such unit has been transferred according to law, the said
expenses shall be borne by the transferee of the said right. If the parties have
agreed otherwise, their agreement shall prevail; but they shall not thus be
relieved of their duty to prevent and control pollution.
SQUIRE, SANDERS & DEMPSEY L.L.P.
142. Administrative
• Probably won’t be asked to clean up until
one of regulations above triggered or off-
site migration is beginning to present
problems for adjacent property owners.
SQUIRE, SANDERS & DEMPSEY L.L.P.
146. Buyer’s Options at Transfer
Option Benefits Disadvantages
Establish fund paid Assures a certain sum will be Difficult to agree upon the
for by seller to pay for available for any future clean- size of fund and scope of
future liabilities up obligations coverage
Negotiate reduction in Assures that a quantifiable May be difficult to
purchase price to benefit has been obtained to negotiate a meaningful
cover future liabilities offset any future clean-up reduction
obligations
Negotiation with Defines risk more accurately May be difficult to
government to define negotiate, and enforce
liability going forward understanding with
government
Ask seller to clean up Eliminates liability; may be May be difficult to
sites as condition of suitable for small scale manage, and will delay
sale problems solvable with close of deal
“excavation”
SQUIRE, SANDERS & DEMPSEY L.L.P.
149. REMEDIATION Summer 2009
Sustainable Remediation White
Paper—Integrating Sustainable Principles,
Practices, and Metrics Into Remediation
Projects
David E. Ellis
Paul W. Hadley
1.0 INTRODUCTION
The remediation industry was born in the late 1970s, following a steady stream of highly
publicized discoveries of toxic chemicals in landfills, drinking water, and even
neighborhoods. The government responded to these discoveries of environmental
contamination. Environmental laws were passed at the state and national level, and
programs were created within environmental regulatory agencies to oversee and
sometimes fund the cleanups. Industry and consultants kept pace by hiring staff, building
programs, and initiating cleanups. The remediation industry was off at a sprint before it
had learned to crawl.
With the public demand for swift and sometimes immediate cleanups, responsible
parties and the remediation industry invested heavily in energy-intensive engineered
projects, such as groundwater pump-and-treat systems, soil excavation and off-site
disposal, incineration, and thermal treatment. The public’s attitude was that no cleanup
could be initiated soon enough or implemented fast enough.
While such energy-intensive remediation systems are well intended, they generally
have not achieved acceptable cleanup levels (National Research Council [NRC], 2005).
These energy-intensive engineered remedies frequently cannot overcome the basic
technical limitations encountered when recovering contaminants from the environment
once the contaminants are widespread and dilute. As a result, most engineered
groundwater remediation systems reach a certain concentration and go no further
regardless of the energy expended. The concentration that can be reached is often far
higher than the cleanup level.
Within the last ten years, a growing body of information suggests that global climate
change can be correlated with fossil fuel use and carbon dioxide releases into the
atmosphere. As members of the broader environmental industry, remediation experts are
well aware of this concern and have firsthand knowledge of the potential contribution of
energy-intensive remediation systems to global climate change. For example, at one
remediation project in New Jersey, it was estimated that the difference between two
proposed remedies could be as high as 2 percent of the annual greenhouse gas emissions
c 2009 U.S. Sustainable Remediation Forum
Published online in Wiley Interscience (www.interscience.wiley.com). DOI: 10.1002/rem.20210 5