A presentation by EPA's Technical Assistance to Brownfields Providers at NADO's Annual Training Conference, October 26, 2015

1. Regional Planning Commission’s
Brownfield Redevelopment Program

2. RPC’s Brownfield Program
 Regional Planning Commission Overview
‐ Government Entity
‐ Member Parishes: Jefferson, Orleans, Plaquemines,
St. Bernard, St. Tammany & Tangipahoa Parishes
‐ Commission is made up of elected officials,
community representatives, transportation
agencies
‐ Professional Staff carries out day-to-day work
 Program Director: Rebecca Otte
‐ Secures & Manages Grant Funding (EPA Grants)
‐ Oversees Environmental Assessments
‐ Helps Applicants through the Environmental Process
‐ Coordinates Brownfield-related Outreach

3.  U.S. Environmental Protection Agency (EPA)
‐ Provides funding through competitive grants
‐ Oversees compliance with EPA grant
requirements
 Louisiana Dept. of Environmental Quality (LDEQ)
‐ State Environmental Regulatory Agency
‐ Overseas technical aspects of environmental
assessments & cleanups
‐ Responsible for approving all environmental
cleanup activities
‐ Also has a Brownfields Program
 Louisiana Brownfield Association
RPC’s Brownfield Partners

4. What we look for in a Brownfield Project:
 Redevelopment of an Underutilized/Abandoned Property which is
hindered by real or perceived environmental contamination
 Site Champion that will be involved throughout the process
 Redevelop will be Income Producing or for Community Benefit
 Will help spur further economic development/ investment
 Redevelopment is a Good Possibility
 Site access
 Compliance with EPA’s Continuing
Obligations

5. RPC’s Brownfield Program
What IS NOT included under Brownfields Funding:
 Payment for environmental assessments already conducted
 Funding for Site Purchase
 Funding for Site Redevelopment, unless related to the Cleanup
 Payments to other consultants or to property owners for
environmental activities

6. Remediation/ Cleanup
 Reducing the risk of exposure
‐ Treating contamination on-site or in situ (in the ground)
‐ Removing the contamination
‐ Institutional Controls (e.g., conveyance notice to not allow
groundwater to be used for drinking water)
‐ Engineering Controls (e.g., capping contamination with a parking lot)
Goal: Reduce the risk of exposure to
unsafe levels of contamination to protect
Human Health & the Environment

7. Remediation/ Cleanup
 Proposed Redevelopment affects
the Cleanup Plan
 Coordinate Cleanup with
Redevelopment
 Can layer funding
‐ Public/ private Funding
‐ Grants/loans
 EPA Cleanup Funding = Additional
Requirements

8. Examples of Brownfield Sites

9. Former Schwegmann’s Superstore
Algiers (New Orleans)
 Environmental Issue: Needed to
address fuel tanks to secure bank
loan for site purchase
 Proposed Redevelopment: Event
Rentals expanded operations
 Environmental Work:
 Event Rentals – Phase I
 RPC – Phase II & UST Closure
Event Rentals also worked with New
Orleans City council to create
Economic Development District
around the site

10. Progressive Church Family Life Center
Site History
 Asbestos in soil from previous fill activities
 Updated Phase I ESA- former junkyard on
the site
 Phase II ESA delineated asbestos
contamination & limited area of heavy
metal & petroleum contamination
 Cleanup: 12,876 tons of soil removed
 LDEQ Certificate of Completion issued
Sept. 10, 2008
Location: 4th and Cohen Streets, Marrero, Jefferson Parish, LA
Size: 18 acres
 Total Investigation Cost: $111,500 - Paid for through RPC’s Brownfield Assessment Grants;
LDEQ waived their oversight fees
 Total Cleanup Cost: just shy of $500,000
 $200,000 USEPA Brownfield Cleanup Grant (Competitive Selection)
 $300,000 Loan from RPC’s Brownfield Cleanup Revolving Loan Fund
 Also received LA Brownfield Cleanup Tax Credit

11. Garden on Marais
4600 Marais St., New Orleans (near Industrial Canal)
 Environmental Issue: Former Pesticide Facility
 Proposed Redevelopment: Community Garden
 Environmental Work:
 RPC Phase I & II assessment
 Incorporated sampling for LSU Ag Center Evaluation
 Utilized Workforce Development Students
 Rec’d NFA from LDEQ

12. Former St. Rose de Lima Cathedral & School
 Proposed Redevelopment:
- Charter School Incubator
- Artist Space & Support Services
- Community Meeting Space
Bayou Treme Center

13.  Environmental Issues:
- Underground Tank – Heating Oil
- Lead, Asbestos & Bird Droppings
 Environmental Work:
 Phase I & Update
 Phase II under VRP
 Closed & Removed UST
 Prepared Cleanup Plan & Related
Documents
 Working with BTC on Lead &
Asbestos Abatement
 Other Considerations:
 Historic District
 Use of CDBG Funding
 Owned by Catholic Archdiocese
Bayou Treme Center

14. St. Margaret’s at Mercy
 Environmental Issues:
- Asbestos in Building
- Fuel tanks onsite
 Environmental Assessment Work:
- Phase I - St. Margaret’s
- Phase II Work Plan – City of New
Orleans
- Phase II implementation – RPC
- Cleanup Plan – RPC
 Cleanup Funding:
- UST Removal - LDEQ Grant
- Asbestos Abatement:
 EPA Competitive Cleanup Grant
 Brownfield Cleanup Loan from
City of New Orleans

15. St. Margaret’s at Mercy
 Redevelopment Planning Underway:
- Senior Living Facility already built
- Additional Senior Living Units in
Renovated Structure
- More information on the tour!
 Considerations:
- Historic Tax Credits
- Significant community interest

16. Falstaff Brewery
Location: 2600 Gravier Street, New Orleans, LA
Size: 8 acres
Site History:
 Brewery Closed in 1978; Site left vacant
 Phase I ESA conducted in Aug. 2005 in
preparation for site purchase; Paid for by
RPC Brownfield Assessment Grant
 Extensive Asbestos Containing Materials,
Lead-Based Paint, and Solid Waste
throughout 7-Story Structure
 Falstaff Properties I LLC purchased property
and cleaned up contamination
Success Status:
 Opened in 2008
 Currently at 95% Occupancy
 Mixed-Use Residential & Commercial Property
 Includes Affordable Housing Units
Before:
After:

17. New Orleans BioInnovations Center
Location: 1441 Canal St.
Site History:
 Former gas station
 UST Cleanup funded by the LA Dept. of
Economic Development and U.S. EDA
Success Status:
 LEED Gold
 200 direct jobs
 Clad with precast panels fitted with glass, which
reduces the amount of heat entering the
building.
 Sunscreens on the glazing provide lighting and
storm protection and reduce energy costs.
 The white reflective roof of the building also
reduces the energy costs. Other sustainable
features of the facility include a rainwater
retention system to collect water from the roof
and electric vehicle charging stations.

18. Considerations for Brownfield Funding
 EPA Funding Comes with Strings Attached
 EPA & LDEQ approvals
 EPA reporting
 Quality Assurance Project Plan
 RPC helps with “string management”
 RPC helps facilitate the LDEQ review process by:
‐ Flagging sites as redevelopment projects
‐ Reviewing documents prior to submission
‐ Working with the LDEQ Team Leaders on timing

19.  Brownfields does not move quickly
 Takes about 30 days to enroll a site
‐ Timing depends on how long it takes to receive paperwork & access
agreement from applicant
 Phase I: 60-90 days (normally 30 days with private funding)
 Phase II: 6- 12 months
 VRP Phase II: 12 – 18 months
 Cleanup: At least 12 months
Brownfields Timing

20. Contact Information
Rebecca Otte
Brownfield Redevelopment Program Director
Regional Planning Commission
brownfields@norpc.org
(504) 483-8513
Questions?

22. Environmental Process
Site Cleanup/Reuse Plans & Remediation
Address contamination to mitigate risk of exposure that may impact human
health or the environment
Not always in this order
Phase I Environmental Site Assessment (ESA)
Research report to look at what was at the site previously and what’s there now
and identify any potential environmental concerns
Phase II Environmental Site Assessment (ESA)
Collect and analyze soil and groundwater samples to determine if
contamination is present and if so, to what extent

23. Environmental Process
Reasons to Conduct a Phase I Environmental Site
Assessment:
 Determine if contamination may be present
‐ Avoid surprises during the construction phase
‐ Reduce purchase price
‐ Address environmental issues prior to redeveloping the
site
 Document site conditions before you purchased it
‐ Liability Protection from EPA & LDEQ
‐ Eligibility for Brownfield Funding

24. Environmental Process
Liability Protection Conditions:
 Phase I Environmental Site Assessments must meet EPA’s All
Appropriate Inquiry / ASTM E1527-13 Standard
 Performed by a “Qualified Environmental Professional”
 Timing: Important to time the Phase I assessment to
ensure it’s valid at time of purchase
‐ Phase I Assessments expire after 1 year for
liability protection
‐ Portions of the Phase I report need to be
updated after 6 months

25. Environmental Process
Regulatory Oversight Options for
Phase II Assessments and Cleanups/ Remediation:
 Traditional Oversight - Commonly called RECAP: Risk
Evaluation/ Corrective Action Program
 Only address areas with recognized environmental concerns
 Assessment Phase is generally quicker and lower costs
 May need to sample offsite to determine horizontal extent of
contamination (increases costs & time)
 Less flexibility if cleanup is required
 LDEQ may reopened the investigation in the future (e.g., if LDEQ lowers
the maximum safe concentration levels of a contaminant found onsite)

26. Environmental Process
Regulatory Oversight Options for
Phase II Assessments and Cleanups/ Remediation:
 VRP: Voluntary Remediation Program
 Investigation/Cleanup covers the entire Site as defined by the Applicant
 Requires additional sampling & analysis which increases upfront costs
 Requires public notice & specific LDEQ approvals which increases time
 Not required to sample offsite to determine horizontal extent of
contamination (may save costs & time)
 More flexibility if cleanup is required
Can use Engineering/ Institutional Controls
 Once the LDEQ approves the cleanup, the site cannot be reopened
Liability protection flows down to future owners

27. Example: Traditional Program/ RECAP
Building
Heating Oil Tank
Fuel Tank

28. Example: Voluntary Remediation Program
Building
Heating Oil Tank
Fuel Tank

29. RECAP Investigation (Phase II ESA) VRP Investigation (Phase II ESA)
 Generally lower in costs
- Less samples collected
- Fewer pollutants to analyze for
 Generally a faster process
- No public notice required
 May miss contamination in another area of
the site
 May need to sample offsite to determine
horizontal extent of contamination
 Generally more expensive
- Requires more samples to be collected
- Requires a wider range of analyses
 More time consuming
- Specific process requires more approvals
- Public notice requirements
 May find other contamination that was not
previously known
 Investigation confined to site boundaries
RECAP Remediation/ Cleanup VRP Remediation/ Cleanup
 Remediation of all risks is required, e.g. any
contamination that is above RECAP standards
needs to be remediated
 Engineering/ Institutional controls generally
not acceptable
 Remediation can be tailored for the intended
future use of the site
 Engineering/Institutional controls may be
used to prevent exposure to contamination
- Cost savings
RECAP Final Result VRP Final Result
 No further action at this time (NFA) letter
from LDEQ
 Site may be reopened in the future (for
example, if LDEQ lowers the maximum safe
concentration levels)
 Certificate of Completion (COC) for the entire
site defined in the application
 Release of liability from EPA & LDEQ for all
past contamination at the site (transferable to
future site owners)

30. Environmental Process - Cleanup
 Remediation/ Cleanup is reducing the risk of exposure to
contamination at the site as detailed in the Site Cleanup
Plan, including:
‐ Treating contamination on-site or in situ (in the ground)
‐ Removing the contamination
‐ Institutional Controls (e.g., conveyance notice to not allow
groundwater to be used for drinking water)
‐ Engineering Controls (e.g., capping contamination with a parking
lot)
Goal: Reduce the risk of exposure to unsafe
levels of contamination to protect Human Health
& the Environment

31. Environmental Process - Cleanup
 Proposed Redevelopment affects
the Cleanup Plan
 Coordinate Cleanup with
Redevelopment
 Can layer funding
‐ Public/ private Funding
‐ Grants/loans
 EPA Cleanup Funding = Additional
Requirements

32. Web Resources
 US Environmental Protection Agency’s (EPA’s) Brownfields Website:
www.epa.gov/brownfields/
 US Department of Housing and Urban Development (HUD):
http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_plann
ing/economicdevelopment/programs
 EPA’s RE-Powering America’s Land Initiative: www2.epa.gov/re-powering
 The Brownfield and Land Revitalization Technology Support Center (EPA,
USACE, ANL): www.brownfieldstsc.org