Maggie Belanger, Assistant Director and Technical Assistance to Brownfields Regional Manager, Kansas State University, KS
Kate Lucas, AICP, Planner, Adaapta and KSU TAB Partner, Denver, CO
Christina Wilson, Acting Branch Manager, US Environmental Protection Agency, Region 8, Denver, CO
Scott Hobson, Acting Director of Planning and Community Development, City of Pueblo, CO
2. Agenda + Introductions
Brownfields Overview
Maggie Belanger, Assistant Director and Regional Manager, KSU TAB
Kate Lucas, AICP, Planner, Adaapta and KSU TAB Partner
U.S. EPA Brownfields Resources
Christina Wilson, Brownfields Section Supervisor, EPA Region 8 Brownfields
Layering Financial Resources
Christina Wilson, Acting Branch Manager, U.S. EPA Region 8 Brownfields
Maggie Belanger, Assistant Director and Regional Manager, KSU TAB
Community Revitalization and Redevelopment Case Study
Mary Hashem, CRE, President, Adaapta
Q&A and Wrap Up
3. Technical Assistance to Brownfield (TAB)
Communities
Assist communities and tribes with the brownfields
redevelopment process
A national program funded by U.S. EPA grant
Services provided are FREE and tailored to specific
needs
Planning, environmental & economic development
expertise
Webinars, workshop, e-tools (e.g., BiT, TAB EZ) &
online resources
3
TAB service providers
− Kansas State University assists communities in EPA Regions 5, 6, 7 & 8
− Center for Creative Land Recycling (CCLR) assists in EPA Regions 9 and 10
− New Jersey Institute of Technology (NJIT) assists in EPA Region 2
− University of Connecticut assists in EPA Region 1
− The West Virginia University Research Corporation assists in EPA Region 3
− The International City/County Management Association assists in EPA Region
4
5. Legal Definition
of Brownfields
“…real property, the expansion,
redevelopment, or reuse of which
may be complicated by the
presence or potential presence of a
hazardous substance, pollutant, or
contaminant.”
(Public Law 107-118 (H.R. 2869) -
“Small Business Liability Relief and
Brownfields Revitalization Act”,
signed into law January 11, 2002).
5
6. Brownfields
Defined
A brownfield project is a
redevelopment project
that is often impeded by
environmental concerns
A site with low to
moderate levels of
contamination that
can range in size
Typical contaminants
include petroleum,
asbestos, lead paint,
mold, meth lab
contaminants, mine-
scarred lands, and more
8. Brownfields
Beginnings:
CERCLA and RCRA
Resource Conservation and Recovery
Act (RCRA) applies to hazardous waste
facilities; passed in 1976
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) applies to abandoned,
uncontrolled hazardous waste sites;
passed in 1980
Liability is strict, joint and several, and
retroactive
Globalization of economy (1950s-90s)
Raised significant liability issues that
deterred cleanup and redevelopment of
brownfield sites
Followed by Small Business Liability
Relief and Brownfields Revitalization
Act (Brownfields Law) in 2002
and Better Utilization of Investment
Leading to Development (BUILD) Act in
2018.
9. Brownfield
Beginnings
Late 1980s & early 1990s
Communities repeatedly expressed
need to revitalize contaminated
sites in their neighborhoods
Most sites didn’t score high
enough to rank on EPA’s National
Priorities List
US Conference of Mayors asked
EPA to address the challenge that
brownfield sites cause blight and
raise public health concerns in
communities.
10. Brownfield Beginnings
1993/1994
EPA - Pilot Brownfield Assessment
Grant
Federal Partners Brownfields Action
Agenda
Public dialogue to gather input
1996
First Competitive Pilot Grants
1997
Funded State Voluntary Cleanup
Programs
1998
Workforce Development Grants
1998 – 2000
Brownfields Showcase Communities
2002
Passage of the Brownfields
Amendments under CERCLA
11. Opportunities in
Brownfields
• Preserve community character and history
• Mitigate blight
• Mitigate public health and safety concerns
• Promote infill and vacant property
reclamation reducing the need to develop
“greenfields”
• Mechanism to leverage and combine limited
resources to a single supported outcome
• Liability Protections
12. Opportunities in
Brownfields
Makes financial sense
• Free money available for assessment, cleanup,
etc.
• Using existing infrastructure
• Desirable locations that encourage a mix of land
uses to provide services that may be lacking
• Increase local tax base and facilitate job growth
Less uncertainty with redevelopment outcome
• Community involvement
• Identify phases and funding along the way
13. The Brownfields Redevelopment
Process
Phase I
Environmental
Site Assessment
Phase II
Environmental
Site Assessment
Cleanup , if
necessary
Identify Brownfields
Engage the community
Set Redevelopment
Goals
Stakeholders &
Partners
Financial Resources
Plan
Evaluate
Environmental
Risk
Redevelop
14. Identify Brownfields
Make a list (inventory) of potential sites
–Look for red flags (former gas station, dry
cleaner, industrial).
–Are environmental unknowns a barrier to
redevelopment?
–Ongoing environmental actions?
How can these sites meet your
redevelopment goals?
KSU TAB Brownfields Inventory Tool
15. Community
Engagement
Engagement with community is a two-
way street – to inform and gather input
Use input received to help inform
redevelopment goals
Synergies and partnerships begin to
form
Ensure engagement continues
throughout the project.
Community Input
Information Sharing
18. Set Redevelopment Goals
Define the vision for the site, area, and/or
region
Involve all stakeholders
What are the economic, community, and
environmental needs & opportunities to
DRIVE redevelopment?
Do community plans exist? If so, review for
already established goals. If these plans do
not exist, work with stakeholders to create
them.
20. The Brownfields Redevelopment
Process
Phase I
Environmental
Site Assessment
Phase II
Environmental
Site Assessment
Cleanup , if
necessary
Identify Brownfields
Engage the community
Set Redevelopment
Goals
Stakeholders &
Partners
Financial Resources
Plan
Evaluate
Environment
al Risk
Redevelop
21. Evaluate Environmental Risk
Perform Phase I, and as necessary Phase II Environmental Site Assessments
(ESAs)
To identify environmental risks before purchase
Evaluate whether environmental risks are worth accepting and addressing in a
case where contamination is discovered
Understand site conditions to make informed decisions regarding cleanup (if
necessary) and appropriate reuse options
22. Environmental Due Diligence
Liability Protections: Must complete All Appropriate
Inquiry (AAI)
Properly conducted Phase I environmental site
assessment satisfies EPA’s AAI
For prospective purchaser, contiguous landowners, and
other liability protections & funding
Almost always required in private sector before
commercial property purchase, and most major
improvements and expansions
Performed by Qualified Environmental Professional
ASTM International Standards
Phase I Environmental Assessment (ASTM 1527-21)
Phase II ESA (E1903-11)
24. The Brownfields Redevelopment
Process
Phase I
Environmental
Site Assessment
Phase II
Environmental
Site Assessment
Cleanup , if
necessary
Identify Brownfields
Engage the community
Set Redevelopment
Goals
Stakeholders &
Partners
Financial Resources
Plan
Evaluate
Environment
al Risk
Redevelop
25. Redevelopment
Key to success for any
redevelopment project is public
involvement and having the right
players on board
Refer back to master plans,
community input, and established
goals
Jobs and services
Transportation options
Housing, schools, parks
Other
Incorporate smart growth &
livability principles for sustainable
communities
26. Redevelopment Resources
TAB Assistance to Communities
−Resource Roadmaps
−Feasibility study
−Highest & Best Use Market
analysis
−Facilitate Resource Roundtables
State Level Resources
EDA
29. The largest single investment in US Brownfields
infrastructure
With the objective of creating 154,000 jobs and
stimulating $30 billion in public/private funding
THE BIPARTISAN INFRASTRUCTURE LAW
Provides $1.5 billion in additional Brownfields funding
30. $ 1.2 billion in additional project grants over the next three years
(a three-fold increase in grant funding)
Increased funding for non-competitive brownfield assessments
Increased funding for non-competitive site assessments, site design, and
financial planning technical assistance
THE BIPARTISAN INFRASTRUCTURE LAW
31. GRANTS
$1.2 billion in additional Brownfield grants
EPA competitive grants solicitations normally begin in October each year.
Infrastructure-specific grant solicitations will likely continue for three more
years.
32. MULTIPURPOSE GRANTS
For communities, states, tribes and nonprofits to plan, assess and cleanup sites
5% Cost share
Up to $800k/grant
REGULAR FUNDING SOLICITATIONS INFRASTRUCTURE FUNDED SOLICITATIONS
No cost share
Up to $850k/grant
33. MULTIPURPOSE GRANTS
Cañon City received a multipurpose grant in 2022 for assessing and remediating
contamination at riverfront industrial properties to create a recreational and tourism
amenity
34. ASSESSMENT GRANTS
For communities, states, tribes and nonprofits to determine extent of
contamination and plan revitalization at brownfield sites
No cost share
Up to $600k/grant for
Coalitions & $300k for
Community-wide
REGULAR FUNDING SOLICITATIONS INFRASTRUCTURE FUNDED SOLICITATIONS
No cost share
Up to $1M for Coalitions &
$500k for Community-wide
Up to $2M/grant for states
and tribes
35. ASSESSMENT GRANTS
The East Billings Urban Revitalization District
Big Sky Economic
Development Authority
characterized contamination
at 21 sites in the East Billings
Urban Revitalization District.
This led to several property
transactions and
redevelopments and created
a cycle of growth and infill
supported by a Tax Increment
Financing district.
36. CLEANUP GRANTS
For communities, states, tribes and nonprofits to clean up contamination at
brownfield sites
20% cost share*
Up to $650k/grant
REGULAR FUNDING SOLICITATIONS INFRASTRUCTURE FUNDED SOLICITATIONS
No cost share
Applicants may
request $500k, $1M, or
$2M
* Unless a hardship waiver is approved
37. CLEANUP GRANTS
The Fort Peck Tribes used a cleanup grant to remediate petroleum contamination
at the former Poplar Airport and facilitate the redevelopment of a sustainable
home community and the Fort Peck Wellness Center.
38. REVOLVING LOAN FUND GRANTS
For communities, states, tribes, and nonprofits to provide loans and subgrants for
the cleanup of contamination and revitalization of brownfield sites
20% cost share
Up to $1M/grant
REGULAR FUNDING SOLICITATIONS INFRASTRUCTURE FUNDED SOLICITATIONS
No cost share
Up to $1M/grant for
new grantees & $4M in
supplemental grants
39. REVOLVING LOAN FUND GRANTS
Snowy Mountain Development Corporation has utilized $3.8M in RLF grants to
complete cleanups spurring over $30M in public/private investment to-date in
Central Montana
Environmental remediation at
the Crowley Building is
completed at the new home of
the Bighorn Valley Health
Center and 16 affordable
housing units in Lewistown,
Montana.
40. JOB TRAINING GRANTS
For communities, states, tribes, and nonprofits to develop a job training program
that supports revitalization at brownfield sites
No cost share
Up to $200k/grant
REGULAR FUNDING SOLICITATIONS INFRASTRUCTURE FUNDED SOLICITATIONS
No cost share
Up to $1M/grant
41. JOB TRAINING GRANTS
Lewis and Clark County, Montana used a Job Training grant to train 48 participants of which
7 were veterans. Training included OSHA hazardous waste and industry certifications, lead
and asbestos abatement and supervision, confined space entry, and commercial drivers
licenses. 38 participants obtained employment in asbestos and lead abatement, excavation,
structure demolition, insulation installation, and Superfund remediation.
42. TARGETED BROWNFIELD ASSESSMENTS (TBAs)
EPA provides environmental assessments and cleanup planning free of charge to
communities and non-profits
Services include Phase 1/Phase 2 site assessment and cleanup planning
Applications accepted year-round with easy online form.
Significant increased TBA funding available
A great way for new communities to get involved in brownfields
43. TARGETED BROWNFIELD ASSESSMENTS (TBAs)
A TBA was used to assess contamination, remove underground storage tanks, and
leverage funding for a Petrofund cleanup in Big Timber, Montana to create a new
brewery and conference center.
44. LAND REVITALIZATION TECHNICAL ASSISTANCE
Direct technical assistance from EPA for existing brownfield projects
Assistance includes community visioning and engagement, site design,
market studies, and project financial planning
Applications accepted year-round with assistance from EPA project
managers
Significant increased funding for land revitalization technical assistance
45. LAND REVITALIZATION TECHNICAL ASSISTANCE
Direct technical assistance from EPA for existing brownfield projects
SITE VISIONING FINANCIAL ASSISTANCE
Finance Models
Developer Attraction Strategies
Area-wide Investment Plans
Funding charettes
Proformas
Budget and constraints analyses
Site design
Marketing material creation
Design meetings and charettes
Meeting/workshop facilitation
Logistical support
46. LAND REVITALIZATION TECHNICAL ASSISTANCE
A design was created for a 2.8-acre site in Billings, Montana with new hotel
specifications and opportunities for integration into neighborhood transportation
and development plans.
Vacant brownfield site
Hotel specifications & rendering
District-wide integration
47. LAND REVITALIZATION TECHNICAL ASSISTANCE
A market study defined potential uses for a former roundhouse. Building and site-wide
designs were created and were incorporated into a report identifying state, federal,
and private financial resources for redevelopment.
48. Identify complex Brownfield sites which may need larger grants offered
through grants funded with infrastructure bill funds
Apply for grant funding and utilize EPA staff to help you navigate that process
Utilize contract planning and direct technical assistance for property
assessments and to bring new partners into the Brownfields program
Reach out to EPA to discuss opportunities
THE BIPARTISAN INFRASTRUCTURE LAW
Actions to take advantage of these historic resource investments
49. Assurance provided by EPA Brownfield grants procure a $4.9 million grant from the Health
Resources and Services Administration of the U.S. Department of Health and Human
Services. The Montana Community Development Corporation assisted with finding a bank
that invested in the health center construction costs in exchange for New Market Tax
Credits.
51. Today, the Circle T Taproom is a popular local gathering place, and the renovation
provides a second-floor meeting room to support community business ventures.
53. When they needed more space, this nonprofit community center combined EPA
Brownfields grants with Community Development Block Grants, grants from the Big Sky
Economic Development Program and Big Sky Trust Funds to remodel and expand.
57. Turtle Mountain Band of
Chippewa Indians: Aging Homes
2017
EPA Brownfields
Targeted Brownfields
Assessment (TBA)
Program
•FREE Assessments
2018–2020
Tribe utilized
successfully competed
for cleanup grant
dollars to abate 17 of
the 21 structures
•$1.2 million
2019
Department of
Housing and Urban
Development (HUD)
partnered with the
Tribe’s Housing
Authority and EPA to
utilize a CARES Act
grant for demolition &
redevelopment of new
homes.
•$3 million
2020
8 new prefabricated
home were installed
58. Turtle Mountain Band of
Chippewa Indians: Aging Homes
2017
EPA Brownfields
Targeted Brownfields
Assessment (TBA)
Program
•FREE Assessments
2018–2020
Tribe utilized
successfully competed
for cleanup grant
dollars to abate 17 of
the 21 structures
•$1.2 million
2019
Department of
Housing and Urban
Development (HUD)
partnered with the
Tribe’s Housing
Authority and EPA to
utilize a CARES Act
grant for demolition &
redevelopment of new
homes.
•$3 million
2020
8 new prefabricated
home were installed
Leveraged
Dollars
>$4.4
million
59. “We are excited about the incredible transformation of L’BelCour from
an
unsafe complex of homes to a clean property with eight new homes
and
hopefully more on the way.”
– Ray Reed, Turtle Mountain Brownfields Coordinator
60.
61. Layering Resources
EPA Region 8 Successes
Eyesores to Assets
https://epa.maps.arcgis.com/apps/Cascade/index.html?appid=bb7141ddaf9a4ca8
8ba5652045647a4b
Montana Strong
https://storymaps.arcgis.com/stories/c40474d12452424d82d26ec63a3cc326
62. We Want to Hear Your Feedback
1. Click this link
https://memphis.co1.qualtrics.com/jfe/form/SV_42vIuyAX9yjpDbo
2. Click the link provided in the chat box
1. Scan this QR image from your smartphone
Please provide feedback on today’s event:
63. A KSU TAB Partner
Asarco Globe Smelter Case Study
75. Financing Overview
FUNDING SOURCES
Entity Role Funding
ASARCO Multi-State
Custodial Trust
Dispose of ASARCO
Assets / Property
Owner
$14.5 million
CDPHE + ASARCO
National Trust
Grants $500,000
Globeville I, LLC Developer / Equity $2.25 million
HUD Section 108
(Adams County)
Debt $10.0 million
HUD CDBG
(Denver)
Grant $750,000
Total Project $28 million
PROJECT USES
Use Amount
Abatement, Demolition, &
Remediation
$16.9 million
Over lot Grading, Onsite &
Offsite Infrastructure
$10.0 million
Planning, Approvals, Fees,
Overhead, & Other Soft
Costs
$1.1 million
Total Project $28 million
PROJECT REVENUES:
• Land Sales
• Metro Districts
• TIF
76. A KSU TAB Partner
2018 Urban Renewal Law Amendment
Colorado
Governor
Bill Ritter
Signing
SB 08-158
77. A KSU TAB Partner
Asarco Globe Smelter (2023)
Denver County
Adams County
Identifying a site as a brownfields allows access to funding and resource opportunities for sites that are hindering redevelopment. Perhaps is just a perception of contamination that can be removed following an environmental assessment. In the event contamination is identified, you will hear about several resources this afternoon to help address the contamination and develop an adaptative reuse strategy for these properties.
Brownfields are redevelopment or community revitalization projects that are impeded by environmental concerns. Brownfields properties take on many different shapes and sizes consisting vacant buildings along downtown corridors, abandoned schools or hospitals containing, lead-based paint, mold, dumping areas, old dry cleaner or former service station sites that may contain haz sub or petroleum or abandoned railroad tracks and depots, abandoned mining lands. If contamination is found, the levels are typically low to moderate. Where to go come from here.
Provided seed money for pilot project, clarify liability issues, encourage partnerships and outreach
Over 500 pa
The passage of the federal brownfields law in 2002 which provides liability relief for prospective purchasers of these potentially contaminated underutilized, idled, and/or abandoned properties (aka brownfields)rticipants in 5 cities
Brownfields are redevelopment or community revitalization projects that are impeded by environmental concerns. Brownfields properties take on many different shapes and sizes consisting vacant buildings along downtown corridors, abandoned schools or hospitals containing, lead-based paint, mold, dumping areas, old dry cleaner or former service station sites that may contain haz sub or petroleum or abandoned railroad tracks and depots, abandoned mining lands. If contamination is found, the levels are typically low to moderate. Where to go come from here.
Why do brownfields exist. The passage of CERCLA/Superfund law in the 80’s provided strict, joint and several liability – meaning anyone in the chain of title of a property could be help responsible for cleanup of that property if contamination was found. Thus, it created this buyer beware mentality whether contamination is actually present or not. The fear of the unknown or being stuck with a significant cleanup up bill resulted in many prospective purchasers, developers and sometimes even local governments walking away from what could otherwise be a great site for redevelopment.
Provided seed money for pilot project, clarify liability issues, encourage partnerships and outreach
Over 500 pa
The passage of the federal brownfields law in 2002 which provides liability relief for prospective purchasers of these potentially contaminated underutilized, idled, and/or abandoned properties (aka brownfields)rticipants in 5 cities
Brownfields are remnants of a community’s past, thus, some benefits to brownfields redevelopment include mitigating blight while preserving your community’s character and history. It also helps by identifying and addressing public health and safety concerns that may be present. Another benefit is the brownfields process affords liability protections for local governments and prospective purchasers looking to revitalize a property. By completing your due diligence of a brownfields site (i.e. environmental assessments) you become eligible for money that can assist in reaching your redevelopment goals.
In addition, many brownfields sites are located in desirable locations…and afford the opportunity to use existing infrastructure vs building new, and as you’ll hear later the brownfields redevelopment process is a mechanism to leverage and combine resources to meet common goals. Anytime you are able bring a property back to life that may either provide necessary housing or generate income and increase jobs, that’s a positive for a community.
You’ll hear us talk a lot about the brownfields redevelopment process, but what is that. I like to breakdown the redevelopment process into three categories with several steps along the way. That’s what it really is, whether large or small, brownfields redevelopment is about taking steps to make improvements in your community.
If you are starting out building a brownfields program, One of the first steps in the planning process is identifying those sites in your community that have the potential for reuse redevelopment. You can then begin to prioritize that list by considering red flags and the real reason for why a site it not being utilized to its full potential. It is also important to consider where a sites is located and whether or not its redevelopment aligns with and supports community goals.
Whether just getting started, have an established inventory, and need a way to keep track of your inventory and site-specific information. KSUT TAB has a tool to assist.
One of the most important steps in the redevelopment/revitalization process is to engage the community. Community engagement is a two-way street which allows for the sharing of information, as well as gathering input. It’s a way to bring a community together and talk amongst themselves to see where synergies align. Its also a good way to develop those much needed partnerships and connect with funding sources you may not have known existed.
Open public involvement may sometimes be complicated or scary but TAB is here to help.
As part of engaging the community, you want to identify key stakeholders in your community and facilitate communication. Stakeholders often represent various groups within the community at large. They can bring the needs and wants of the community to the table as well as share information back to those groups they represent. Understanding stakeholder needs and having their support for redevelopment efforts will go a long way to being successful in planning and implementation.
When it’s time to engage the community at large, what does that look like? Community engagement activities can take on many forms; meeting, open forums, reuse visioning exercises, online questionnaires, etc. I’ll touch on this later but KSU TAB can help facilitate engagement in your community and gather input. You can use the information gathered from the community and stakeholders to shape a vision establish your redevelopment and revitalization goals.
Perhaps your community has an existing plan. That’s great. How old is the plan? Does it need revision? Does your vision of a site align with those goals and current community input? Community plans should be somewhat fluid. Some goals may change overtime due to demographics and needs. The most successful and resilient communities – small or large, are flexible and account for changing times.
When considering brownfields properties for reuse, it’s extremely important to investigate/evaluate/assess the site for contamination. Site investigation of brownfields properties can also include asbestos and lead based paint surveys. Completing environmental assessments provides you with data to evaluate what actions may or may not need to be taken to prepare a site for redevelopment. It helps to identify….
Cleanup standards for a housing project will look much different than a parking lot, playground in a park or a coffee shop.
Final steps in brownfields process is redevelopment. For successful redevelopment projects you need to gather the necessary resources and partners. Municipalities may be eligible for funds that private entities are not and can use these resources to pave the way for a developer to come in and redevelopment a site. It’s about building partnerships and relationships for the common goal of building and maintaining vibrant communities where people want to live work and play. This is where you may have heard P3, public-private-partnerships. I like to add in a 4th P, patience. Be patient with whatever revitalization project you are working to achieve– it takes time but with a realistic timeline and expectations it will be a success!
The Turtle Mountain Reservation is located near the Canadian border in north central North Dakota. Built in the 1960’s under the 1937 Housing Act, the L’BelCour residential complex contained 21 structures with over 70 apartments. This complex was once a thriving housing community but became a hazard for its residents. By 2017, many of the units were still occupied, despite substantial contamination, fire damage, and poor
structural integrity.
CARES – Coronavirus Aid Relief and Economic Security
These new homes provide proper heating for the cold North Dakota winters, while eliminating any health concerns that previously existed. Today, the Turtle Mountain Housing Authority is working with HUD
for additional funding to complete the redevelopment.
The Turtle Mountain Reservation is located near the Canadian border in north central North Dakota. Built in the 1960’s under the 1937 Housing Act, the L’BelCour residential complex contained 21 structures with over 70 apartments. This complex was once a thriving housing community but became a hazard for its residents. By 2017, many of the units were still occupied, despite substantial contamination, fire damage, and poor
structural integrity.
CARES – Coronavirus Aid Relief and Economic Security
These new homes provide proper heating for the cold North Dakota winters, while eliminating any health concerns that previously existed. Today, the Turtle Mountain Housing Authority is working with HUD
for additional funding to complete the redevelopment.