FOR IMMEDIATE RELEASE ENR THURSDAY, AUGUST 7, 1997 (202) 514-2008 TDD (202) 514-1888 EPA, JUSTICE DEPARTMENT PROPOSE POLICY TO MAKE IT EASIER FOR INVESTORS TO CLEAN UP AND REDEVELOP BROWNFIELDS WASHINGTON, D.C. -- A new federal proposal will make it easier for real estate owners and developers to identify, cleanup and redevelop lightly contaminated property - so-called "Brownfields" - under state voluntary cleanup programs, the United States announced today. Financial and real estate investors are sometimes reluctant to redevelop property with low levels of contamination because they are concerned about potential liability under the federal Superfund law. The draft guidance addresses this concern by assuring property owners that except under limited circumstances, the federal government generally will not become involved in cleaning up such sites or seeking to recover cleanup costs, as long as the property is cleaned up under a qualified state voluntary cleanup program. Under the draft proposal, entitled Guidance for Developing Memoranda of Agreement Language Concerning State Voluntary Cleanup Programs, property owners can move quickly to assess and clean up areas of low contamination under state voluntary cleanup programs that meet minimum federal criteria. The proposal will also help property owners and state agencies identify the level of contamination at sites and determine whether or not it poses a significant risk to human health and the environment. In states that enter these memoranda of agreement with EPA, property owners will have greater incentive to clean up and develop Brownfields because of the federal government's agreement not to intervene except under limited circumstances. The EPA-state agreements should encourage the cleanup and redevelopment of Brownfields, returning them to productive commercial use that will bring economic benefits to distressed communities. "The guidance promotes leveraging of federal and state resources that will result in cleanup at more sites and a greater overall environmental benefit," said Steven Herman, Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance. "The guidance removes a perceived obstacle to redeveloping property with low levels of contamination that can contribute to the economies of our nation's cities," said Lois Schiffer, Assistant Attorney General in charge of the Justice Department's Environment and Natural Resources Division. The guidance represents an opportunity for states and EPA to enhance the potential for more communities to revitalize blighted areas. "This guidance acknowledges the success of State Voluntary Cleanup programs and is an assurance of EPA's continuing commitment to the redevelopment of Brownfields," said Timothy Fields, Jr., Acting Assistant Administrator for EPA's Office of Solid Waste and Emergency Response. The proposal provides guidelines to the EPA regional offices to negotiate agreements with state environmental agencies to specify state and EPA roles and responsibilities over the clean up of lightly contaminated property under qualified state programs. To qualify, state voluntary cleanup programs must meet certain minimum criteria, including community involvement in site cleanup planning, ensuring that the plans protect human health and the environment, and making sure cleanup plans are properly implemented. The U.S General Accounting Office has estimated that there are approximately 450,000 Brownfields sites currently in the United States. Generally, these sites are not highly contaminated and do not need to be brought into the conventional federal Superfund program. Many states have established voluntary cleanup programs representing alternative approaches to cleaning up and redeveloping these Brownfields sites. The state voluntary cleanup programs allow property investors to identify and clean up property with low levels of contamination through streamlined administrative procedures that do not compromise the quality of the cleanups. In some cases, these investors can obtain some relief from future state liability for past contamination. The draft guidance will be published in the Federal Register. Copies of the draft guidance can be accessed electronically through EPA's homepage at http://www.epa.gov/brownfields. Copies can also be obtained by calling the EPA RCRA/Superfund Hotline at (800) 424-9346 or (703) 412-9810. ### 97-325