<000001000> <000001000> <000001000> <000001000>Upcoming CY2001 Resource Conservation and Recovery Act (RCRA) Brownfields Pilots: <000001000> <000001000> <100001000>

December 22, 2000

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MEMORANDUM

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SUBJECT: Upcoming CY2001 Resource Conservation and Recovery Act (RCRA) <000001000> Brownfields Pilots: Application Guidelines, Selection Process, and Criteria

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FROM: Timothy Fields, Jr., Assistant Administrator
<000001000> Office of Solid Waste and Emergency Response

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TO: RCRA and Superfund Regional Policy Managers

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Background

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At Brownfields 2000, I announced a second round of RCRA Brownfields <010001000> pilot projects under EPA's RCRA Brownfields Prevention Initiative. This initiative <010001000> is designed to test approaches that better integrate reuse considerations into <010001000> the Corrective Action cleanup process, and to address concerns that application <010001000> (or the potential application) of RCRA to cleanup activities at Brownfields <010001000> may be slowing down cleanup progress. EPA hopes to test a variety of innovative <010001000> approaches that expedite the cleanup of brownfield properties subject to RCRA <010001000> and to use the information gathered to create improvements in the RCRA program <010001000> at contaminated sites. While facilities selected for the pilots are not relieved <010001000> of RCRA Corrective Action responsibility, there are many project-specific benefits <010001000> to participation in the pilot program. These may include expedited cleanup, <010001000> administrative flexibility, and enhanced prospects for redevelopment and revitalization. <010001000> The first round of pilot projects, announced in March 2000, has already yielded <010001000> significant results and lessons learned for both the RCRA and Brownfields programs. <010001000> I am confident that this second round of pilots will further this progress and <000001000> continue to complement and support the RCRA Cleanup Reforms (see http://www.epa.gov/correctiveaction).

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On November 15, 2000, I signed a memorandum ("Upcoming Competition for CY2001 RCRA/BF Prevention Pilots") that <000001000>provided advanced notice of the competition. This memorandum provides guidelines for submission of proposed pilot projects <000001000>for the second round and sets forth the selection process and criteria.

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Guidelines

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Interested parties are encouraged to submit pilot applications to an appropriate <010001000> Regional and USEPA Headquarters contact (see discussion under Application Submittal). <010001000> Applications must be fully coordinated with EPA Regional Contacts and State/local <010001000> government representatives. Attached are two documents - a transmittal memorandum <010001000> (Attachment 1) and a Questions & Answers Flyer that includes Workgroup representatives(Attachment <010001000> 2) to assist you in your outreach efforts. Please broadly disseminate both attachments <010001000> which are outreach materials for stakeholders at States, local government entities, <010001000> economic development corporations, redevelopers, site/facility owners, community <010001000> groups, and others. Attachment 1 is a short letter from EPA to members of the <010001000> RCRA Community emphasizing our call for pilot applications. Attachment 2 addresses <010001000> frequently asked questions. Please encourage your stakeholders to identify RCRA <010001000> cleanup or restoration opportunities that might make good pilot projects. Also, <010001000> a review of your baseline may reveal potential pilot projects. You may want <010001000> to forward this information to high priority RCRA facilities as another means <000001000> of encouraging applications.

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Regional RCRA Brownfields Workgroup representatives can provide assistance in developing pilot proposals based upon <000001000>experience gained in the first round of pilots. Because innovative approaches are most likely to succeed when all affected <000001000>stakeholders are involved, pilot applicants should obtain the support of the appropriate Regional office, pilot facility <000001000>owner/operator, State and local government entities, and interested community members and stakeholders prior to submitting <000001000>pilot proposals to an EPA Regional and Headquarters contact. Applicants should provide written assurances as to such <000001000>stakeholder coordination and support in each application.

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For this round, EPA plans to select four to six pilot projects covering a variety of RCRA brownfield issues. Pilot goals may <000001000>range from expediting RCRA cleanup to the demonstration of RCRA reform tools that may enable us to prevent future <000001000>abandoned RCRA or Superfund sites. Pilots must center on specific sites or facilities. Ideally, our goal is to have one pilot per <000001000>EPA Region by the end of Round 2; EPA senior management will select pilots based on the merits of the proposals. Just as in <000001000>the first round of RCRA brownfield pilots, EPA is not allocating pilot funding to these projects. However, limited funding may <000001000>become available for the EPA to sponsor a few public meetings and related pilot outreach activities.

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Application Format and Selection Criteria

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Each pilot application should not exceed five pages in length. Applications should address the criteria in a direct and succinct <010001000>manner. The narrative should be sufficient for the selection panel to evaluate the merits of the proposed pilot. Maps, graphics, <010101000>or other visual aids will not be reviewed. We recommend the following format for applications without the addition of aids:

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  • Background: What is the issue that you propose to address as a pilot?
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    • Site name and location
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    • Regulatory status. Is this a generator site, RCRA treatment, storage or <111001000> disposal facility subject to RCRA's Corrective Action requirements? Is this <111001000> a site where, because of cleanup activities, RCRA operating requirements <111001000> will or are being applied? For example, you are a facility with an interim <111001000> hazardous waste operation facility or an owner/operator of a site subject <111001000> to RCRA cleanup requirements even though you are not a generator or an owner/operator <111001000> of hazardous storage, treatment, and disposal facilities; or a party to <101001000> a current or future voluntary cleanup.
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    • Redevelopment potential. What RCRA administrative/operational requirements <111001000> are perceived to be impeding the reuse at this site? If so, describe. Would <111001000> emphasizing the prospects for reuse expedite cleanup at this site? Would <111001000> reuse expedite cleanup at this site? What is the level of interest by the <111001000> community? Is a developer/prospective owner, if available, interested in <111001000> pursuing property redevelopment? If so, is the developer/prospective owner <111001000> interested in pursuing a pilot? One example would be the removal of hazardous <111001000> waste drums and debris from a former commercial property that has a lot <111001000> of commercial redevelopment potential. Another example would be the removal <111001000> of hazardous soils from two acres of blighted property prior to redeveloping <101001000> low-income housing.
      • <101001000>
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  • Pilot Benefits (Long and short term)
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    • <000001000>
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    • Environmental
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      • <101001000>
    • Community
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  • Proposed Innovations. Describe how these innovations differ from traditional <101001000> approaches; i.e., what makes them unique while still replicable at other sites?
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  • How the Proposed Pilot Meets the Following Selection Criteria:
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    • Stakeholder Support: Do the owner/operator, local government, local community, <111001000> State agency, redevelopers (if any) and other interested stakeholders know <111001000> about the project? Are they supportive of the project goals? Are any willing <111001000> to serve on a pilot oversight team (a coordinating group of EPA, state and <111001000> other representatives that meets periodically to review and assist pilot <111001000> progress)? Please describe and provide information on how to contact key <111001000> EPA, state, and local government oversight officials and relevant leaders <111001000> or representatives from the community, developer, owner/operator, or facility <101001000> who are key to the success of the pilot effort.
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    • Transferability: Could the tools developed or lessons learned be used <101001000> at other RCRA sites? Describe how.
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    • Degree of innovation: Are the innovations proposed in the application <111001000> creative and novel? Will the pilot use any RCRA Cleanup Reforms, or suggest <101001000> future potential reforms to the RCRA cleanup and/or enforcement programs?
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    • Environmental benefit: How will the project yield a faster and/or higher <111001000> quality cleanup (e.g., through improved land use?). How will the pilot prevent <101001000> a future Brownfield or Superfund site?
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    • Community benefit: How will this effort improve the quality of life for <101001000> local residents?
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    • If this project is in a RCRA-authorized State, does the State program <101001000> support this project?
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  • Proposed Project Schedule (milestones and dates)
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Selection Process

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The Regional and Headquarters contacts must receive the application proposals on (or postmarked by) February 1, 2001 or <000001000>transmitted via electronic mail by that same date (document by electronic return receipt). An evaluation panel consisting of <000001000>representatives of EPA Headquarters offices (OSW, OSPS, and OECA), Regional staff (headed by the RCRA lead Region), <000001000>and States (if interested) will review the pilot proposals. (No State or Regional representative may participate in the discussion <000001000>of, or voting on any proposal submitted by that State or Region.) The panel will forward its recommendations to EPA senior <000001000>management for final selection by March 1, 2001. Upon selection, the panel will provide constructive comments to the <000001000>applicants to help strengthen the selected pilot projects' approach and give non-selectees advice for future proposals.

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The Regional contacts for the selected pilots will coordinate with the RCRA Brownfields Prevention Initiative workgroup for <000001000>help in preparing implementation plans, forming a project oversight team, tracking pilot reporting, and providing periodic updates <000001000>to the workgroup and EPA senior management. EPA Regional contacts should coordinate with their enforcement offices to <000001000>provide enforcement histories of the companies involved in pilot applications. The workgroup will also provide technical <000001000>support, expertise, and continued coordination and information-sharing. Pilot team leaders will serve as panelists discussing their <000001000>project at a number of briefings for EPA senior management and public meetings, such as Brownfields 2001. EPA expects the <000001000>pilots to officially start in March 2001, and last for one year, with preliminary results announced at the National Brownfields <000001000>Conference in Chicago, Illinois, September 24-26, 2001.

<000000001> <000001000>Contacts For More Information Regarding the Pilots or Application
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For more information, please contact José E. Labiosa in the Office of <010001000> Outreach and Special Projects in EPA/OSWER at 202-260-1910 or by E-mail at labiosa.jose@epa.gov <010001000> or Tom Rinehart in the Office of Solid Waste at (703) 308-4309 or by E-mail <000001000> at rinehart.tom@epa.gov.

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Application Submittal

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Applicants must submit two copies of their application, one of which should be provided to an appropriate Regional <000001000>representative identified in Attachment 2. The other copy of the application should be sent to EPA Headquarters to Marjorie <000001000>Buckholtz, RCRA Brownfields Workgroup Chair, at the following address:

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If sending via U.S. Postal Mail:

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Attn: Marjorie Buckholtz, RCRA Brownfields Workgroup Chair
<000001000> OSWER Outreach and Special Projects Staff (5105)
<000001000> USEPA Ariel Rios Building
<000001000> 1200 Pennsylvania Avenue, N.W.
<000001000> Washington, DC 20460

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If sending via next day delivery service:

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Attn: Marjorie Buckholtz, RCRA Brownfields Workgroup Chair
<000001000> OSWER Outreach and Special Projects Staff (5105)
<000001000> USEPA
<000001000> 401 M Street, S.W.
<000001000> Washington, DC 20460

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If sending via E-mail:

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buckholtz.marjorie@epa.gov

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Attachments: (2)

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1. Outreach Memorandum
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<010001000> 2. Frequently Asked Questions: EPA's RCRA Brownfields <000001000> Prevention Initiative Pilots.

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cc:
<010001000> Barry Breen, <000001000> OECA
<000001000> Susan Bromm, OECA
<000001000> Elisabeth Freed, OECA
<000001000> Elizabeth Cotsworth, OSW
<000001000> Matt Hale, OSW
<000001000> Tom Rinehart, OSW
<000001000> Dawn Messier, OGC
<000001000> OSPS Staff
<010001000> RCRA/BF Prevention Workgroup <000001000>
<000001000> Regional BF Coordinators
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