Commentary

'Brownfields' as economic development assets

Tue, 05/24/2016 - 3:00pm

The April 20 edition of the Wiscasset Newspaper ran an article on Mason Station and the Lincoln County Regional Planning Commission’s Brownfields Program. The LCRPC, in support of the town of Wiscasset’s economic development goals, is spending Environmental Protection Agency grant funds on what are known as Phase I and Phase II environmental assessments for town-owned parcels at Mason Station.

I bet many county residents are wondering: what does “Brownfields” and Phase I and II mean to my town? It’s important to the town of Wiscasset, the LCRPC, private developers, and the public that the information conveyed last month be put in a fuller context.

In EPA’s Brownfields Program, Brownfields has a very specific definition: “...real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” Essentially, a site that sits undeveloped and/or underutilized because a site purchaser or developer doesn’t understand the potential environmental liabilities associated with the site is a Brownfield. This could be an old gas station or an old school, church, or mill building that’s currently vacant or underutilized. There’s no pre-determination that significant pollution is likely, nor is the program limited to “former industrial sites.”

Brownfields sites may be impacted with hazardous substances, petroleum contamination, asbestos, lead paint, controlled substances, mine-scared lands, and other environmental contaminants. A Brownfield site is not listed on the National Priorities List; nor is it subject to administrative orders, court orders, etc. under the Comprehensive Environmental Response, Compensation and Liability Act; nor under the jurisdiction, custody or control of the U.S. Government. EPA estimates that there are more than 450,000 Brownfield sites throughout the country.

The Brownfields Assessment Program came out of the 2002 Small Business Liability Relief and Brownfields Revitalization Act, which recognized the financial and legal challenges holding back the re-use of these kinds of properties.

For an owner/purchaser/developer, key benefits include:

  • Avoiding environmental surprises
  • Facilitating property transfer
  • Making the property more marketable and potentially more valuable
  • Reducing environmental risks and potential for offsite migration of contamination
  • Creating good will within the community
  • Avoiding passing environmental liability onto future site owners/occupants

For our communities and neighborhoods, benefits to assessing, clean-up, and re-use include:

  • Protecting public health by removing real or perceived environmental concerns
  • Promoting smart growth and avoiding “urban sprawl” by using existing infrastructure (e.g. roads, rail, water, sewer);
  • Spurring economic growth

A key aspect of the Brownfields Program is the way it facilitates property transfer by removing real or perceived environmental concerns and by providing liability protection to future owners who plan to re-develop these sites.

Maine has had many successful re-developments of brownfields sites. If you look down the coast to Bath, you can see examples of redeveloped Brownfields, whether it’s the former Prawer Block now the home to a great downtown hotel, or the current work at the former Coal Pocket site that will soon be upscale condos in the downtown.

Re-use of brownfields sites occurs across the state without regard to population. After assessment and the quantification of the environmental issues (if any), and with interest from a prospective buyer or developer, communities and businesses can develop plans and partnerships to access clean-up funds, either through direct grants or loans.

Developers are interested in sites with completed Phase I and II assessments, since they can rely on thorough, site-specific research and on-the-ground testing according to EPA and DEP standards. This way, developers can understand the scale of the clean-up issues and have greater certainty than with un-assessed properties. This coupled with many Brownfields being in key locations (downtowns, villages or commercial areas) leads a number of Maine-based developers and business people to look specifically at Brownfield sites as excellent opportunities to re-use, create new jobs, and expand the local tax base.

To clarify a few more issues: Superfund is a distinct EPA program. Mason Station is not a Superfund site, nor is it currently being considered for inclusion in the Superfund program. With respect to dioxins and radiation, previous investigations at Mason Station have looked into the presence of dioxins and no exceedances of standards were ever found. The engineering firm working on behalf of the LCRPC and the town has found no historical evidence of radiation.

In sum, the Brownfields Assessment Program plays a key role in the process of bringing under-utilized properties back into economic use. The LCRPC is in its third year of providing assistance to key parcels that have been identified by communities and property owners. For more information about assessments completed, re-development of brownfields sites, and the Brownfields Programs in general, please contact me at 882-5983.