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August 2010
The announcement was made at the site of the first project to apply for the NYC BCP, the future Pelham Parkway Towers, an affordable housing project in east Bronx. "Our new brownfields program will lead to clean-ups of long-blighted eyesores that drag down a neighborhood's property values, image, and safety," said Mayor Bloomberg. "At the same time, by complying with the new City clean-up requirements, developers will get the certainty and predictability they need in order to make investments and go forward with projects. This first in the nation initiative will allow us to create more jobs, housing and open space. In addition to ensuring high quality cleanups, the agreement provides a liability statement from NYS DEC that it has no further interest and does not plan to take enforcement or require remedial action under federal CERCLA or the State Environmental Conservation Law on properties that enroll in the NYC BCP. "A key part of the City's new brownfield program is an agreement with State Environmental Conservation Commissioner Pete Grannis," said Mayor Bloomberg. "While State officials will continue to oversee cleanups of the most heavily polluted brownfields in the five boroughs, the City will now supervise cleanups of less contaminated sites under regulations that conform to the State's high standards and that we've worked closely with the State to develop. That's just the kind of City-State cooperation that makes especially good sense in an era of reduced government resources, and it's going to help us keep New York's economic recovery on track." "This innovative brownfield partnership will be another valuable tool offered by New York to clean up contaminated sites and encourage private investment," said Commissioner Grannis. "When participants work with Mayor Bloomberg's staff to redevelop a site, the community will know that the contamination will be addressed properly and meet the state's stringent standards. We look forward to continuing to work together to spur economic growth and protect communities and the environment throughout the City." The agreement was release for public comment by NYS DEC on June 9th. Comments expressing overwhelming support were received from over 50 community based organizations, trade associations, and firms in NYC. The Mayor's Office of Environmental Remediation was established in June 2008 to implement these initiatives. The NYC Brownfield Law was signed into law by Mayor Bloomberg in May 2009 and provides the City with the authority to implement most of the initiatives outlined in PlaNYC. "The Mayor has delivered on his promise in PlaNYC to build programs to unlock the potential of contaminated land," said Daniel Walsh, Director of Office of Environmental Remediation. "To do this, we have relied on the help of community leaders and our colleagues at DEC. Now that the programs are in place, its time to get down to business and clean up properties so that the rewards can be enjoyed by all New Yorkers." June, 2010 On November 1, 2006 the Federal Environmental Protection Agency (EPA) signed into law the All Appropriate Inquiry (AAI) standard for environmental site assessments (ESA's). The law was designed to hold potential purchasers of commercial real estate to a higher threshold of due diligence than prior standards. The AAI compliant report is critical when petitioning for state assistance under the current CERCLIS or Brownfield's programs. Since its introduction, purchasers have been made aware of the nuances of the changes as well as the cost associated with the new report. Many lenders now require the AAI standard as part of the loan approval process. In addition, many of the government lending programs such as Fannie Mae, Freddie Mac, FHA, and the SBA all require the AAI compliant report. Prior to the introduction of the AAI standard, the American Society of Testing Materials (ASTM) had developed E-1527 which was released in 1994 and considered a voluntary standard that outlined the components to be included in a phase one ESA. The standard was revised in 1997 (E1527-97) and again in 2000 (E1527-00). This standard was referred to as the millennium standard. The AAI rule has implemented several changes from the ASTM 1527-00 standard in order for the report to be considered AAI compliant. In total, there were ten (10) key areas of changes that needed to be adhered to satisfy the AAI requirement. In conjunction with the new law, the American Society of Testing Materials (ASTM) released their E1527-05 guidelines for preparing environmental assessments which has a direct correlation to the AAI law and has been deemed compliant by the EPA. Now that the rule will be celebrating its fifth anniversary (standard was approved in November of 2005 with a November 1, 2006 implementation date) the ASTM task group is looking into whether or not changes will be required. This is based on a public listening session that the EPA conducted in March of this year. The task group discussed the possibility of making changes to the E1527-05 Standard. Because E1527-05 is referenced in EPA's rule as being "at least as stringent" as the rule itself, the task group faces the hurdle that EPA may need to go through the public comment process if revisions are made to the standard. While the task group and EPA both feel that there may be reason to reopen the rule and the standard, it was determined that re-balloting the E1527-05 standard as it is today to reapprove the standard by its 2013 expiration would be prudent. Once the standard is reconfirmed, the task group would have ample time to make revision in concert with EPA. Focus groups have been set up to discuss revisions to several areas of the standard including: report shelf life, recommendations, and database report. As the environmental industry moves forward and matures (this is the 20th year of the ASTM environmental committee), new and revised standards will emerge. New Technologies will come to market to assist consultants in the efficiency and accuracy of ESA reports. Areas such as building energy performance assessments (BEPA) and vapor intrusion (VI) studies will become more prevalent for purchaser and lenders alike. Both of these areas currently have draft standards in which the final versions are expected to be released this year. January 19, 2010 December 24, 2009 |