Brownfields or Free Solo Climbing “El Cap” Bruce Nicholson, Brownfields Program Manager

1. EPA/State RCRA Directors Meeting Raleigh, NC March 26-27, 2019 Brownfields or Free Solo Climbing “El Cap”Bruce Nicholson, Brownfields Program Manager

2. Brownfields Redevelopment Alex Honnold - El Capitan Free Solo No ropes, 3,000-foot vertical face, 3 hours 56 minutes “Doubt is the precursor to fear. I had to prepare enough to remove all doubt.”

3. Brownfields Redevelopment Google “Brownfield” and What Do You Get? • First…Make Sure You Don’t Misspell It!…Brownsfield

4. Brownfields Redevelopment Google “Brownfield” and What Do You Get? • Brownfield Ag News is the largest and one of the oldest agricultural news radio networks in the country.  More than 450 affiliate radio stations in Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, Ohio, South Dakota and Wisconsin 

5. Brownfields Redevelopment Google “Brownfield” and What Do You Get? • Urban Dictionary: • 1) a place in the middle of nowhere, located in the state of Maine. • 2)  The act of catching unidentified rodents, by uncommon and unnatural means, often resulting in said rodents demise • Dictionary.com: • a former industrial or commercial site where future use is affected by real or perceived environmental contamination. (17 Words)

6. Brownfields Redevelopment Google “RCRA” and What Do You Get? • Urban Dictionary: • Not In It!

7. Brownfields Redevelopment Google “RCRA Hazardous Waste” and What Do You Get? • What is a RCRA hazardous waste? There is not a single comprehensive list of hazardous waste that is continuously updated, as hazardous waste identification is a process that involves many steps.  To be considered a hazardous waste, a material first must be classified as a solid waste (40 CFR §261.2). EPA defines solid waste as garbage, refuse, sludge, or other discarded material (including solids, semisolids, liquids, and contained gaseous materials). If a waste is considered solid waste, it must then be determined if it is hazardous waste (§262.11). Wastes are defined as hazardous by EPA if they are specifically named on one of four lists of hazardous wastes located in Subpart D of Part 261 (F, K, P, U) or if they exhibit one of four characteristics located in Subpart C of Part 261 (characteristic wastes).  Listed Wastes Wastes are listed as hazardous because they are known to be harmful to human health and the environment when not managed properly, regardless of their concentrations. EPA has studied and listed as hazardous hundreds of specific industrial wastestreams. These wastes are described or listed on four different lists that are found in the regulations at Part 261, Subpart D. These four lists are:  The F list - The F list designates as hazardous particular wastes from certain common industrial or manufacturing processes. Because the processes producing these wastes can occur in different sectors of industry, the F-listed wastes are known as wastes from non-specific sources. The F list is codified in the regulations at 40 CFR §261.31.  The K list - The K list designates as hazardous particular wastestreams from certain specific industries. K-listed wastes are known as wastes from specific sources. The K list is found at 40 CFR §261.32.  The P list and the U list(Discarded Commercial Chemical Products) - These two lists are similar in that both list pure or commercial grade formulations of certain specific unused chemicals as hazardous. Both the P list and U list are codified in 40 CFR §261.33. A P or U waste code may be applicable, provided that the material is an unused commercial chemical product (CCP). A CCP is a substance that consists of the commercially pure grade of the chemical, any technical grades of the chemical, and all formulations in which the chemical is the sole active ingredient (§261.33(d)).  Characteristic WastesEven if the wastestream does not meet any of the four listings explained above, it may still be considered a hazardous waste if it exhibits a characteristic. In Part 261, Subpart C, EPA has designated the following four characteristics: ignitability (D001), corrosivity (D002), reactivity (D003) and toxicity (D004-D043).  Ignitability - Ignitable wastes create fires under certain conditions or are spontaneously combustible, or have a flash point less than 60 °C (140 °F). The characteristic of ignitability is found at 40 CFR §261.21.  Corrosivity - Corrosive wastes are acids or bases (pH less than or equal to 2 or greater than or equal to 12.5) that are capable of corroding metal containers, such as storage tanks, drums, and barrels. The characteristic of corrosivity is found at 40 CFR §261.22.  Reactivity - Reactive wastes are unstable under "normal" conditions. They can cause explosions, toxic fumes, gases, or vapors when mixed with water. The characteristic of reactivity is found at 40 CFR §261.23. Toxicity - Toxic wastes are harmful or fatal when ingested or absorbed (e.g., containing mercury, lead, etc.). When toxic wastes are disposed of on land, contaminated liquid may drain (leach) from the waste and pollute ground water. Toxicity is defined through a laboratory procedure called the Toxicity Characteristic Leaching Procedure (TCLP). The toxicity characteristic is found at 40 CFR §261.24.  Generators are responsible for characterizing their waste as hazardous and must determine whether a waste exhibits a characteristic by either testing or applying knowledge of the hazardous waste characteristic of the waste (§262.11). In addition to federal RCRA hazardous waste identification rules we have outlined, most states are authorized to operate their own hazardous waste programs and may have more stringent rules than those of the federal hazardous waste management program. For instance, a state may impose more stringent regulations for hazardous waste identification or identify state-specific hazardous wastes. Therefore, we suggest that you contact your state hazardous waste agency to determine which regulations are applicable to your situation.  If wastes are not listed or do not exhibit any hazardous waste characteristics, they are considered nonhazardous solid waste (as opposed to hazardous wastes). Nonhazardous solid waste disposal and recycling is regulated on a state level. Therefore, you may wish to contact your state solid waste officials for more information on solid waste management.  For a list of both state solid and hazardous waste contacts, please visit the following URL: www.epa.gov/hwgenerators/links-hazardous-waste-programs-and-us-state-environmental-agencies 

8. Brownfields Redevelopment Google “RCRA Hazardous Waste” and What Do You Get? • The First 25 words… “There is not a single comprehensive list of hazardous waste that is continuously updated, as hazardous waste identification is a process that involves many steps.”

9. Brownfields Redevelopment RCRA and Brownfields Do Have a Shared Goal! Source: Explodingdog.com “I Wish They’d Recycle!”

10. Brownfields Redevelopment Origins Problems came to light in the 1970’s… • Love Canal Site in Niagara Falls, New York brought it to national attention • Hooker Chemical Company filled an abandoned canal with tons of chemical waste and soil • Sold the property in 1953 to the Local School Board • By the 1970’s Dozens of Houses and a school were built nearly on top of the old covered canal

11. It came to light in the 1970’s…

12. Love Canal actually had a warning in its 1953 Property Deed: “Prior to the delivery of this instrument of conveyance, the grantee herein has been advised by the grantor that the premises above described have been filled, in whole or in part, to the present grade level thereof with waste products resulting from the manufacturing of chemicals by the grantorat its plant in the City of Niagara Falls, New York, and the grantee assumes all risk and liability incident to the use thereof. Mrs. Lobosco therefore understood and agreed that, as a part of the consideration for this conveyance and as a condition thereof, no claim, suit, action or demand of any nature whatsoever shall ever be made by the grantee, its successors or assigns, against the grantor, its successors or assigns, for injury to a person or persons, including death resulting there from, or loss of or damage to property caused by, in connection with or by reason of the presence of said industrial wastes. It is further agreed as a condition hereof that each subsequent conveyance of the aforesaid lands shall be made subject to the foregoing provisions and conditions.“ Lesson: Over time, things change and people forget!

13. Brownfields Redevelopment Origins RCRA was passed • To Deal with the Growing problem of Industrial Waste and Municipal Waste • Defined Hazardous Waste • Regulated Management and Disposal of these Wastes

14. Brownfields Redevelopment Origins CERCLA/Superfund was Passed • To Remediate Past Industrial Waste Releases under New Liability Scheme • Retroactive Liability - for past practices prior to 1980 that were legal at the time • Joint and Several Liability – U.S. EPA could sue one polluter for entire cleanup even though many were involved • Polluter Pays Principle - but also goes beyond that if polluter is bankrupt… • Mere Ownership Liability – liable before it becomes a publicly funded

15. By year 1995 - Developer Finds an Opportunity Location is perfect Infrastructure is in place Property is abandoned Price is right, but… Has Environmental Contamination that could cost a lot! Explodingdog.com Reuse Consequences of CERCLA Mere Owner Liability The Deal is Off!

16. In Comes Brownfields Public Policy Business Status of Site Active Abandoned Operating RCRA CERCLA / Inactive Sites Business Status of Responsible Party Dissolved Developer Brownfields Matrix adapted from that generated by Richard Whisnant, former DENR General Counsel, during stakeholder meetings for brownfields statute development

17. Brownfields Redevelopment • A Recycling Program for Abandoned/Underutilized Properties • 530 Completed Brownfields Agreements in NC • Facilitated $17 Billion in Capital Investment in Property Recycling • Recycled – 10,000+ acres back in play

18. NC Brownfields Public Policy Summary • Work with redeveloper to encourage safe reuse • Preserve Polluter Pays Principle to discourage future contamination • Only Non-polluters receive brownfields benefits • Expand the cleanup universe, not program shopping

19. Brownfields Redevelopment NC Brownfields Property Reuse Act of 1997 • Create Special Class of Remediating Parties… “prospective developers” of abandoned sites • Did not Cause or Contribute to Contamination • Must Agree to make Site Safe for Reuse • Brownfields Agreements between DEQ and Prospective Developers • Provide liability protection in return for measures that make property safe for reuse • Ensure Enforceability of Land Use Restrictions • Provide them with a tax incentive to assist in costs Department of Environmental Quality

20. Brownfields Program Update Department of Environmental Quality

21. Brownfields Program Update Funding EPA Grant - $700K Fee Receipts – $1.2 million Appropriations - $0 1 Temp Staff 12 Permanent 3 Permanent Department of Environmental Quality

22. Brownfields Program Program Fees • Standard Track - $8,000 • Zero Queue Track (Redevelopment Now) -$30,000 • Ready For Reuse Track - $15,000 Photos by: The Dillon

23. Brownfields Program Tax Incentive Brownfields Tax Incentive Economics 5-year Property Tax incentive on Completed Improvements Year 1 – 90% exclusion Year 2 – 70% exclusion Year 3 – 50% exclusion Year 4 – 25% exclusion Year 5 – 10 % exclusion > Roughly half the normal property tax bill on improvements Example: $100 million in improvements ~~ $1 million annual property taxes ~~ $5 million With Brownfields Agreement and tax incentives above ~~ $2.55 million

24. Brownfields Program Brownfields Site Locator Tool At ncbrownfields.orgyou can find locations of all sites and link directly to Laserfiche document files, and Land Use Restriction Update Forms.

25. Brownfields Program Social Media “Brownfields Fridays” Provides NCDEQ Positive Social Media Posting Opportunities Every Friday

26. Brownfields Program Walking Tour Citrix Systems Software and Cloud Computing Company Photos by: Walter Magazine

27. Brownfields Program Walking Tour The Raleigh Union Station Photos by: The City of Raleigh

28. Brownfields Program Walking Tour The Dillon Mixed Use Development Photos by: The Dillon

29. Brownfields Program Contact Info Web site: ncbrownfields.org Raleigh (919-707-8200) Bruce Nicholson (Program Manager) Sharon Eckard, PG (Eastern District Supervisor) Brad Atkinson Tony Duque Caroline Goodwin Sarah Hardison Haley Irick Kelly Johnson, PG Shirley Liggins Kathleen Markey James Rudder Bill Schmithorst, PG Charlotte (704-661-0330) Carolyn Minnich Wilmington (910-796-7401) Samuel Watson David Peacock Mooresville (704-235-2195) Joselyn Harriger, PG (Property Management Unit Supervisor) Jordan Thompson Cody Cannon Asheville (828-251-7460) Tracy Wahl (Western District Supervisor) Email/Website First.last@ncdenr.gov www.ncbrownfields.org