Benefits of Brownfields Legislation

Fern Fleischer Daves
Special Counsel, Sedgwick, Detert, Moran & Arnold
Newark, New Jersey

This document presents a summary of Public Law 107-118. It does not constitute a statement of EPA policy, interpretation, or guidance.

Small Business Liability Relief (Title I)

• Exempts certain small volume contributors from Superfund liability
  
• Exempts certain contributors of municipal solid waste from Superfund liability
  
• Shifts court costs and attorneys fees to a private party if a private party loses a Superfund contribution action against de micromis or municipal solid waste exempt party

Brownfields Program (Title II - Subtitle A)

• Provides legislative authority for brownfields program including grants for assessment and cleanup
  
• Expands current brownfields program by increasing funding authority up to $200 million per year including up to
• 50 million per year to assess and cleanup brownfields with petroleum contamination
• Expands eligibility for assessment and cleanup grants
  
• New provision for direct cleanup grants of up to $200,000 per site
  
• Streamlines current requirements for the brownfields cleanup revolving loan fund and makes funding available to nonprofits
  
• Applies Davis Bacon Act on same terms as authority for current program
  
• Makes funds available for technical assistance, training and research

Brownfields Liability Clarifications (Title II - Subtitle B)

• Exempts certain contiguous property owners from Superfund liability
  
• Exempts certain prospective purchasers from Superfund liability
  
• Clarifies the innocent landholders defense to Superfund liability

State Response Programs (Title II - Subtitle C)

• Supports State and Tribal response programs and preserves Federal safety net
  
• Provides $50 million per year for State and Tribal response programs
  
• Expands activities available for funding of State programs
  
• Provides Superfund liability relief for certain properties cleaned up under State response programs

EPA Contacts
Brownfields Program: Sven-Erik Kaiser,
202-260-5138; Enforcement/Liability: Paul Connor, 202-564-5114.

Revised 1/29/02

This article is publicly available on the US EPA's website: www.epa.gov.