Technical Assistance Resources to Support the Reuse of Brownfield Sites: Association of State and Territorial Solid Waste Management Officials Guidance Document

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued a December 2022 guidance document titled:

Technical Assistance Resources to Support the Reuse of Brownfield Sites (“Guidance”)

The Guidance was prepared by the ASTSWMO Investigation and Remedy Selection Focus Group.

ASTSWMO describes itself as an organization representing 50 states, 5 territories, and the District of Columbia whose mission is to enhance and promote effective State and Territorial programs and to affect relevant national policies for waste and materials management, environmentally sustainable practices, and environmental restoration.

Many states (including Arkansas) and the federal government have statutes, regulations, and policies that are intended to address “Brownfields.” Brownfields are often referred to as real property (improved and unimproved), the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.

Properties with current or historical industrial or commercial uses that are evaluated for redevelopment sometimes pose a dilemma. Potential purchasers or lessees must assess the possibility that certain environmental statutes might impose responsibility on them for contamination that is present at the time of the acquisition or release. This analysis will typically consider the probability that contamination is present, and, if so, the cost to definitively delineate and/or remediate it. Related issues could include the likelihood of third-party claims resulting from site conditions, ability to obtain financing, and availability of definitive cleanup standards.

Incentive provisions, liability exemptions, funding programs, and action/cleanup standards have been utilized for a number of years to attempt to reduce the barriers for reuse or redevelopment of Brownfield properties. The goal of the Brownfield programs is to encourage the redevelopment and investment in such properties to increase the local tax base, facilitate job growth, utilize existing infrastructure, encourage infield development, and take pressure off greenspace.

The stated purpose of the ASTSWMO Guidance is to provide:

. . . an overview of available technical assistance opportunities including a description of each opportunity, how to access/apply for the assistance, example deliverables, and contact information for additional information.

As a result, the Guidance’s intended audience is stated to be State Brownfield Coordinators and staff.

The technical assistance opportunities included in the Guidance encompass:

• Section 128(A) Small Technical Assistance Grant (TAG)
• EPA Targeted Brownfield Assessments (TBA)
• EPA Regionally Directed Land Revitalization Technical Assistance (RDTA)
• EPA Land Revitalization Technical Assistance (LRTA)
• EPA Smart Growth
  • Greening America’s Communities
  • Building Blocks for Sustainable Communities
  • Recreation Economy for Rural Communities
  • Local Foods, Local Places
  • Cool & Connected
  • Healthy Places for Healthy People
• EPA RE-Powering America’s Lands
• Technical Assistance to Brownfield Communities (TAB)
• Tribal Brownfields Technical Assistance - Kansas State University (KSU) Tribal Technical Assistance To Brownfields (Tribal TAB)
• Technical Assistance to Brownfield Job Training Grantees - Hazardous Materials Training and Research Institute (HMTRI)
• National Brownfield Training Conference - International City/County Management Association (ICMA)
• Equitable Development in Brownfields - Groundworks USA (GW USA)
• State Brownfields Program Implementation - Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Brownfields Focus Group
• EPA Regional-ORD Applied Research (ROAR)

A copy of the Guidance can be downloaded here.