EPA’s Enforcement Perspective on Superfund Site Reuse

Hollis LuzeckyOffice of Site Remediation Enforcement, U.S. EPA

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Overview

• Enforcement’s perspective on the benefits of site reuse• Benefits to EPA• Benefits to PRPs• Benefits to Developers

• Enforcement’s role in supporting site reuse• Resources

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Why Should EPA Enforcement Consider Reuse?• Helps EPA achieve cleanup and enforcement goals• Powerful incentive to encourage expeditious cleanups • Protects the remedy and environment• Saves federal and state cleanup resources• Facilitates partnerships with states, local governments,

communities, and future land users

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Why Should a PRP Consider Reuse?

• Can help achieve settlement• Removes obstacles to cleanup and saves resources• Leads to more cost-effective and efficient remedies• Prevents inconsistent use with the remedy• Guides development and long-term effectiveness of ICs• Fosters goodwill with state, local government, communities

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PRP Benefits Continued…

• May attract developers• Developer may conduct, finish, enhance, or maintain a remedy• Developers have a vested interest in maintaining property

• Including, BFPPs obligations

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Benefits to Developers When Reuse Considered• Cleanup supports future land use• ICs compatible with reuse• EPA may use enforcement tools to address liability concerns • May negotiate lower purchase price if agree to perform cleanup• Cleanup costs may be recovered

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Enforcement’s Role in Supporting Reuse• Eliminate barriers to reuse• Address liability concerns• Provide access to information• Consider use of enforcement tools

• Enforcement discretion guidance• Comfort/status letters• Agreements

• Review ICs

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Enforcement Role Continued…

• Engage community stakeholders• Seek state support• Support the “greening” of projects in enforcement documents• Support innovative solutions and partnerships

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Summary

• Facilitating reuse not perceived as a traditional enforcement role, but environmental and enforcement benefits merit its integration into enforcement work

• Enforcement first and long-term stewardship are complementary goals

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Enforcement Resources

June 2014 Edition of The Revitalization Handbook - Revitalizing Contaminated Lands: Addressing Liability Concerns

http://www2.epa.gov/enforcement/revitalization-handbook

Cleanup Policy and Guidance, Models, and Publications

http://www2.epa.gov/enforcement/waste-chemical-and-cleanup-enforcement-policy-guidance-and-publications#cleanup

Fact Sheet: The Benefits of Integrating Reuse to Achieve Enforcement and Environmental Protection Goals

http://www2.epa.gov/enforcement/fact-sheet-benefits-integrating-reuse-achieve-enforcement-and-environmental-protection

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For More Information, Contact:

Hollis LuzeckyU.S. EPA, Office of Site Remediation Enforcementluzecky.hollis@epa.gov