Brownfield Information
Go Directly to the Following Links to Brownfield Information Sources
Federal Government State Government Private Industry Non-Profit Agencies

What is a Brownfield?

With certain legal exclusions and additions, EPA defines a "brownfield site" as real property whose expansion, redevelopment, or reuse may be complicated by the actual or potential presence of a hazardous substance, pollutant, or contaminant. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the following conditions exclude properties from eligibility as brownfield sites:

  • The site is the subject of a planned or ongoing removal action, a unilateral administrative order, court order, or an administrative order under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
  • The site is the subject of a unilateral administrative order, closure notification, or a corrective action proceeding under the Solid Waste Disposal Act.
  • The site is subject to the jurisdiction, custody, or control of the U.S. government, except for land held in trust by the national government for an Indian tribe;
  • The site is subject to remedial action under the Toxic Substances Control Act for polychlorinated biphenyls contamination; and
  • The site has received assistance for remedial action through the Leaking Underground Storage Tank Trust Fund.

Why are brownfields important?

As properties are abandoned and environmental concerns inhibit their re-use, jobs are lost, economic growth slows, property values decrease, tax revenues decline, and neighborhoods deteriorate. As these typically urban industrial areas decay, developers look elsewhere in order to avoid potential liability imposed upon owners of contaminated property. This fear of liability and other significant barriers to redevelopment may drive developers and investors toward "greenfields" - undeveloped property typically located in suburban or rural areas. This results in decreasing amounts of pristine land, the possibility that these greenfields could eventually become contaminated by activities on the property, and a decline in the economy of industrial and urban areas.

In the past five years, the public and private sectors have generated momentum toward investigating these sites as to their true environmental afflication, and identifying opportunities to remediate and redevelop these properties with the ultimate goal of revitalizing communities, neighborhoods, and typically underserved urban cores. Without brownfield initiatives, we will continue to develop properties further from the urban core, adding to sprawl, air pollution, congestion, and an overall decrease in the quality of life.

How many brownfields are there in the United States

It is unknown how may properties or acres of land are considered to be brownfields, but estimates range from tens of thousands to 450,000 sites, with the size of these sites ranging from an acre to hundreds of acres.

Where are they located?

These sites are found throughout the United States, with the greatest concentration being in the Northeast and Midwest. However, to varying degrees, brownfields exist in all areas of the country. The degree of contamination on these properties ranges from minor to severe. The more highly contaminated properties may be cleaned up through Comprehensive Environmental Response Compensation and Liability Act (CERCLA, a.k.a. Superfund) activity, but some brownfield properties may not be contaminated to the point where cleanup will be addressed under a Superfund action. These properties are the primary focus of the U.S. Environmental Protection Agency's (EPA) Brownfield National Partnership Action Agenda.

What are the barriers to brownfield redevleopment?

A number of issues pose problems for brownfield redevelopment. Revitalization of a community may hinge upon social and economic issues, technical issues pertaining to environmental cleanup, legal concerns, financial concerns associated with often unpredictable and therefore costly redevelopment, community concerns, public health concerns, the overall prospects for a property's redevelopment, and the time necessary to address these many issues.

Links to Brownfield Information Sources

Federal Government

State Government

EPA Region 1

EPA Region 2

EPA Region 3

EPA Region 4

  • Alabama

    To date, the state of Alabama does not have brownfields or voluntary cleanup legislation. There are two pieces of legislation currently under review that may change the state of brownfields and voluntary cleanup in the state, voluntary cleanup program and release reporting requirements. The Site Assessment Unit of the Hazardous Waste Branch in the Land Division of ADEM completes preliminary assessments (PA) and site investigation (SI) for EPA Region 4. ADEM is under contract by the EPA to complete the PA/SIs at potential National Priority List (NPL) sites.

  • Florida

    The Florida Department of Environmental Protection (FDEP) Bureau of Waste Cleanup administers the state brownfields program. The Brownfields Redevelopment Act (ss. 376.77 - 376.85, Florida Statutes) was created by the 1997F Florida Legislature in Chapter 97-277, Laws of Florida, to "provide financial and regulatory incentives and technical assistance to persons and businesses involved in the redevelopment of a Florida-designated brownfield area." The Act which can be accessed by clicking here became effective on July 1, 1997. CS/SB 1202, Chapter 98-75, Laws of Florida in Chapter 98-75 amended this Act. The amendments had an effective date of July 1, 1998.

    In addition to the Brownfields Redevelopment Act, the following legislation were approved and/or codified in association with the Act:

    • The Brownfields Cleanup Criteria Rule, Chapter 62-785, F.A.C. approved by the Environmental Regulation Commission on April 30, 1998, with an anticipated effective date of mid-July 1998.

    • The Brownfield Property Ownership Clearance Assistance Revolving Loan Trust Fund, CS/SB 1204, was codified as Chapter 98-118, L.O.F. in on June 15, 1998. This fund is to be administered by the Office of Tourism, Trade and Economic Development (OTTED) in the Executive Office of the Governor. This legislation provides low-interest loans for the purchase of outstanding, unresolved contractor liens, tax certificates, or other liens or claims on brownfield sites in a designated brownfield area.

    • CS/SB 244 Brownfields Tax Credit Portion was codified as Chapter 98-189, L.O.F. with an effective date of June 15, 1998. This law created a new tax credit incentive to taxpayers of either intangible personal property tax or corporate income tax that conduct voluntary cleanup activity that is integral to site rehabilitation at brownfield sites in designated brownfield areas.

    The Florida DEP also has a Voluntary Cleanup Tax Credit (VCTC) program. More information on this program can be found be clicking here.

  • Kentucky

    Currently, Kentucky has no formal brownfield program or voluntary clean-up program. The Natural Resources and Environmental Protection Cabinet, The Department for Environmental Protection, Division of Waste Management, Superfund Branch is handling all brownfield inquiries. The only brownfield activity the state of Kentucky is actively participating in are the Pilot Study Grant and State-Administered Brownfield Assessments (PA/SI Funds) administered by the EPA.

    The Kentucky Natural Resources and Environmental Protection Cabinet is also participating in the State-Administered PA/SI Brownfield Program. The cabinet's Superfund Branch will conduct Phase I and Phase II site assessments of sites within these cities that meet the brownfield criterion. Sites will be selected for assessment based on the benefits from reusing the property, e.g., new jobs, tax relief, or other community enhancements. The superfund branch will also assist Kentucky cities, town and counties that are applying for EPA Pilot Study Grants and EPA Region IV Assessment Assistance.

    Kentucky also has a Voluntary Cleanup Program (VCP). The VCP was developed by the cabinet to address site cleanups in Kentucky. Once a volunteer has completed a cleanup in Kentucky, the cabinet will issue a Notice of Completion (or No Further Remediation Letter for public entities), giving the volunteer assurance that the cabinet is unlikely to require further cleanup of the release in the future. For further information, see Kentucky's Voluntary Cleanup Program Guidance Document.

  • Mississippi

    Mississippi Senate Bill 2989 created the Mississippi Brownfields Voluntary Cleanup and Redevelopment Act in the regular session 1998. The Act consists of Subpart I, Mississippi Brownfield Regulations and Subpart II, Brownfields Risk Evaluation Procedures. During the May 27, 1999 Commission Hearing, the Mississippi Commission on Environmental Quality (MCEQ) adopted Subpart I and II of the 1998 brownfields Act without any legislative changes. This Act governs the development and redevelopment of brownfields in Mississippi. The regulations became effective on July 26, 1999. The Mississippi Department of Environmental Quality (MDEQ), Hazardous Waste Division administers the program.

  • North Carolina

    The Brownfields Property Reuse Act of 1997 (N.C.G.S. 130A-310.30, et seq.) is intended to remove impediments to the development of contaminated or possibly contaminated properties due solely to Prospective Developer's potential liability for the costs of cleanups. It sets forth the authority for the DENR to work with the prospective developers to put brownfield sites back to reuse. The Act was signed in as SL 97-0357 on August 4, 1997. The brownfields program is run through the Special Remediation Branch of the Superfund Section of Division of Waste Management of the North Carolina Department of Environment and Natural Resources (DENR).

  • South Carolina

    The Site Engineering Branch of the Division of Site Assessment and Remediation of the Bureau of Land and Waste Management of the South Carolina Department of Health and Environmental Control (DHEC) manages the Voluntary Cleanup Program (VCP) and the Brownfields Initiative. The VCP has been in place since 1988. The purpose of the VCP is for responsible parties to enter if they want the state to sign off on the property. In 1995, the program was expanded to include non-responsible parties. In 1997, the name for portion of the VCP for non-responsible parties was changed to brownfields per EPA.

  • Tennessee

    The Voluntary Cleanup Oversight and Assistance Program (VOAP) was established within the Tennessee Department of Environment and Conservation (TDEC), Division of Superfund (DSF) by the Hazardous Waste Management Act of 1983 as amended May 9, 1994. The VOAP allows willing and able parties to conduct an investigation and, if necessary, a cleanup of an inactive hazardous substance site. An applicant must submit the Voluntary Cleanup Oversight and Assistance Program Application (Form CN-1076) to the Division. If an application is approved, a Consent Order and Agreement (COA) is negotiated which outlines the steps to be taken for site investigation, cleanup, monitoring, maintenance, and cost reimbursement. Upon completion of all tasks set forth in the order, the Division will issue a letter of completion to the participant. A $5,000 participation fee is required when a party enters the program. In addition, the party must pay all cost previously incurred with the DSF and all future oversight costs of the DSF, including laboratory costs and employee salaries. The VOAP guidelines can be found by clicking here.

EPA Region 5

EPA Region 6

  • Arkansas

    In 1995 the Arkansas Brownfields Law (Act 125) was enacted with a great deal of support and enthusiasm by both political parties in the Arkansas Legislature. The Arkansas Department of Environmental Quality (ADEQ) began receiving federal funds from EPA to begin program development soon thereafter. In 1996 external and internal work groups were formed to develop clean up standards, guidance and policy. In 1997 several amendments to the Brownfields Law were adopted by the Arkansas Legislature, again with overwhelming, bipartisan support. The amendments (Ark. Code Ann.§ 8-7-1101 et seq.), which become effective in August 1997, expand the types of properties which qualify for the program, further limit financial liability for purchasers of Brownfields properties, and provide for a low interest loan program to be established for participants in the program. The program is managed by the Inactive Sites Branch of the Hazardous Waste Division of the ADEQ.

  • Louisiana

    The Louisiana Department of Environmental Quality (LDEQ) is currently developing a voluntary cleanup program to address contaminated urban sites including brownfield sites. The Louisiana Legislature established the groundwork for the program by passing the Voluntary Investigation and Remedial Action Act (LA R.S. 30:2272.1 and LA R.S. 30:2285). Effective July 1996, the Act has as its primary goal the redevelopment of former industrial and commercial properties. Part I of the Act requires the LDEQ adopt minimum remediation standards that are acceptable cleanup levels for selected substances. Part II provides the specific details on whom qualifies for voluntary cleanup actions and the steps they must take to achieve LDEQ approval. On December 20, 1998, the LDEQ promulgated the minimum remediation standards, called the Risk Evaluation/Corrective Action Program (RECAP) required in Part I. Draft regulations for the Inactive and Abandoned Sites Division, which include the Voluntary Cleanup Program, have entered the rulemaking process.

  • New Mexico

    The Ground Water Bureau within the Water and Waste Management Division of the New Mexico Environment Department (NMED) is in-charge of the Voluntary Remediation Program (VRP). The draft regulations were promulgated into the New Mexico Voluntary Remediation Act (NMSA 1978, 74-4G-1, et seq.) and the New Mexico Voluntary Remediation Regulations (20 NMAC 6.3) which became effective 7-15-99.

    The VRP is a new program that has been established by the NMED for the purpose of allowing voluntary cleanup of contaminated sites. The program is designed to facilitate redevelopment of contaminated sites by providing a streamlined, non-punitive remediation process. The program is intended for sites that are not under active enforcement and for applicants that do not have a history of noncompliance with environmental laws.

    Answers to questions regarding the Voluntary Remediation Program can be answered at the Guide for Prospective Applicants which can be found by clicking here. The Voluntary Remediation Program regulations can be found by clicking here. The application to determine eligibility for the Voluntary Remediation Program can be accessed through clicking here. Please note that MS word is necessary to open this file.

  • Oklahoma

    The Oklahoma Department of Environmental Quality (ODEQ) manages the brownfield initiative in the state. The Oklahoma Brownfields Voluntary Redevelopment Act (HB 2872, 27A O.S. § 2-15-101 through 110) became effective June 14, 1996. The Act was codified through the 1998 legislative session as 252, Chapter 220. Brownfields.

  • Texas

    The Texas Natural Resource Conservation Commission (TNRCC), Office of Waste Management, Remediation Division manages both the voluntary cleanup program and brownfield initatives in Texas.

    Created under HB 2296, the Texas Voluntary Cleanup Program (VCP) was established on September 1, 1995 to provide administrative, technical, and legal incentives to encourage the cleanup of contaminated sites within Texas. Any site not subject to a TNRCC order or permit is eligible to enter the VCP, except in cases where agency enforcement action is pending. Parties entering the VCP must submit an application, an environmental site assessment describing the contaminated area of concern, and a $1,000 fee. Upon acceptance of the application, the applicant must sign an agreement that describes the work schedule of events necessary to achieve cleanup, and confirms that the applicant has agreed to pay all VCP oversight costs. After completion of the cleanup, the parties will receive a certificate of completion from the TNRCC which states that all lenders and future landowners who are not responsible parties are released from all liability to the State for cleanup of areas covered by the certificate. Click here to review VCP news, guidance, application forms, agreement forms, certificate of completion, public notice letter, as well as the 30 TAC Chapter 333, Voluntary Cleanup Programs rules.

    Information of the TNRCC's Brownfields Redevelopment Initiative can be accessed by clicking here. The TNRCC has developed an Application for State-Provided Brownfields Site Assessment as well as Guidance and Scope of Work for Conducting Brownfields Site Assessments. The TNRCC can also provide local governments with brownfields assistance. Call 512-239-5891 to inquire about brownfields assistance availability.

EPA Region 7

EPA Region 8

EPA Region 9

EPA Region 10

Private Industry

Non-Profit Agencies

  • The Brownfields Non-Profit Network

    The Brownfields Non-Profit Network is a network of non-profit organizations helping to promote the redevelopment of Brownfield properties throughout the United States. The web site was established to assist community groups and other organizations to find out more about what they can do with abandoned contaminated sites and where they can get help in their efforts.

  • The Northeast-Midwest Institute's Brownfield Section

  • The U.S. State & Local Gateway's Brownfield Section

  • The International City/County Management Association's Brownfields-Superfund Consortium

    The ICMA's Brownfields-Superfund Consortium helps local governments address the financial, legal, technical, and public health concerns raised by Superfund and brownfield sites.

  • The International City/County Management Association's Superfund-Brownfields Research Initiative

    The ICMA's Superfund-Brownfields Research Initiative (S-BRI) facilitates and promotes research of local government efforts to revitalize closing military bases, contaminated properties, and brownfields.

  • The Institute for Responsible Management

    The Institute for Responsible Management (IRM) is a non-profit 501 (c)(3) organization, founded in 1982 in Massachusetts, and now located in New Brunswick, N.J. It is chartered to "achieve effective collaboration and cooperation between the public and private sectors on public policy issues relating, but not limited, to environmental, public safety and health concerns."

    In 1993, prior to any EPA Brownfield initiative, IRM President Charles W. Powers made a series of recommendations to the EPA on ways to include reuse in both its approach to Superfund sites and its efforts to reach out to urban communities where federal hazardous waste statutes had addressed a relatively small number of sites. In late 1994, as the Agency's early efforts to focus on brownfields issues were gaining momentum, EPA asked IRM to work with it to address these largely urban concerns and entered into a cooperative agreement with the Institute enabling it to do so.

    Through this agreement the EPA provides support for IRM conduct research on and disseminate its findings to the EPA Brownfields Pilots, to the states in which pilots are located, and to other stakeholders to determine what processes are needed to achieve integrated cleanup and reuse of contaminated properties. (Please note that information on IRM quotes IRM's "About IRM" web page)

  • National Brownfield Association

  • Center for Health, Environment and Justice

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