Brownfields in the United States
Brownfields in the United States refer to abandoned or underutilized properties that were previously used for commercial or industrial purposes, potentially containing harmful contaminants. These sites are often found in urban areas, where their redevelopment can help reduce urban sprawl and improve local property values. The redevelopment process is guided by regulations, including the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), which outlines liability and cleanup standards. The U.S. Environmental Protection Agency (EPA) plays a crucial role in determining necessary cleanup measures and assessing liability for these sites.
Redeveloping brownfields can yield significant benefits, including urban revitalization, job creation, and environmental protection through the removal of pollutants. However, challenges exist, such as high cleanup costs and difficulties in securing financing for development. In response, various federal, state, and local programs offer financial incentives and support to encourage the redevelopment of brownfields. Initiatives like the Brownfields Program and the Small Business Liability Relief and Brownfields Revitalization Act aim to foster collaboration among communities and stakeholders to transform these sites into productive resources, ultimately contributing to sustainable urban environments.
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Subject Terms
Brownfields in the United States
DEFINITION: Abandoned lots or other properties that were once used for commercial or industrial purposes and have the potential to contain harmful contaminants or pollutants.
Governments have increasingly encouraged the redevelopment of brownfields, requiring that such redevelopment be preceded by the cleanup of any potentially hazardous substances in the soil and water on these abandoned industrial sites. In addition to the benefits of such cleanup for the environment, brownfield redevelopment reduces urban sprawl and improves property values.
Brownfields are found in cities and towns throughout the world, usually located in industrial areas. The potential hazards and liability issues associated with such sites’ past uses become important when these areas are targeted for redevelopment. In order for municipalities to redevelop brownfields, they must determine liability for any problems on the sites and take any cleanup measures required by law. In the United States, the Comprehensive Environmental Response, Compensation, and Liability Act, widely known as Superfund, mandates liability laws in regard to the cleanup and redevelopment of brownfields and also sets cleanup and development standards. The redevelopment of brownfields can be beneficial to cities, promoting urban and community revitalization through sustainable reuse of land, reducing sprawl, increasing local property taxes, promoting jobs and economic development, and protecting the environment from harmful substances and pollutants.
Barriers to Redevelopment
In the United States, when redevelopment of a brownfield is being considered, the US Environmental Protection Agency (EPA), a state agency, or both must determine the kind and extent of cleanup required and help to determine the liability for the cleanup. Cleanup efforts for brownfield redevelopment are often costly, and it can be difficult for developers to obtain loans to develop potentially hazardous land. Because this is the case, federal, state, and municipal governments may offer some financial contributions under the EPA’s Brownfields Program or state and municipal funding programs.
The potential presence of harmful substances and pollutants can increase the difficulty of assessing and cleaning up a brownfield site. Depending on their previous uses, brownfields may contain many hazardous substances, such as petroleum, lead, asbestos, hydrocarbon, pesticides, tributyltins, solvents, and diesel fuels; cleanup is thus imperative before such sites are developed. Sites that are determined to be harmful enough to be hazardous to individuals living and working around them are not considered brownfields; rather, these are designated as Superfund sites and are placed on either the Superfund National Priority List or a state priority list for cleanup.
Laws and Regulations
The term “brownfields” was first introduced in 1992 during a congressional hearing. The first legislation concerning brownfields was passed in 1995 when the EPA created its Brownfields Program. Through this program, the EPA seeks to motivate communities, states, and organizations to work together to improve local brownfield sites and use them as resources for redevelopment. Since the 1990s, US states and municipalities, along with the federal government, have created programs to provide tax incentives and grants for developers, organizations, and governments to redevelop brownfield sites.
The Small Business Liability Relief and Brownfields Revitalization Act, enacted in 2002, provided support for small businesses to redevelop brownfields through financial assistance and state and local program promotion. The Department of Housing and Urban Development (HUD)'s Brownfields Economic Development Initiative, though later rendered inactive, provided grants to cities to promote economic and community development; this program was directed toward development in low- and moderate-income neighborhoods, with the aim of promoting economic stability, job creation or retention, business improvement, and increased property taxes.
In 2018, Congress passed the Brownfields Utilization, Investment, and Local Development (BUILD) Act, which amended the 2002 law. Among the provisions of the BUILD Act were an increase in grant funding, more liability relief for Alaska Native villages, expanded eligibility for public-owned sites, and an increased focus on renewable energy.
Benefits of Brownfield Redevelopment
As land pressures and urban sprawl have become increasingly problematic, brownfield redevelopment has grown in importance. The redevelopment of brownfields allows developers to use existing properties within cities rather than create developments that sprawl outward from urban centers, possibly disrupting functioning ecosystems. Additionally, brownfield redevelopment projects often increase the property values in their surrounding areas because of the improvements made to the previously abandoned sites. Brownfield redevelopment also reduces the potential for harm to humans and other forms of life from environmental hazards and pollution, as cleanup of all hazardous substances is a requirement of redevelopment of any brownfield site.
Bibliography
Davis, Todd S. Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property. 2d ed. American Bar Association, 2002.
De Sousa, Christopher. Brownfields Redevelopment and the Quest for Sustainability. Elsevier, 2008.
Dixon, Tim, et al., eds. Sustainable Brownfield Regeneration: Liveable Places from Problem Spaces. Blackwell, 2007.
"Laws and Regulations." Environmental Protection Agency, 15 Mar. 2024, www.epa.gov/brownfields/laws-and-regulations. Accessed 15 July 2024.
Witkin, James B. Environmental Aspects of Real Estate and Commercial Transactions: From Brownfields to Green Buildings, 4th ed. American Bar Association, 2012.