Brownfields: Cleaning Up Toxic Waste and
Industrial Sites Across the Nation

Propelled by encouragement from the White House, legislation to clean up abandoned industrial sites, known as brownfields, is one of the environmental measures likely to be enacted this year.

On April 25, the full Senate approved S. 350, the "Brownfield Revitalization and Environmental Restoration Act of 2000," an action driven by strong support from President Bush, the nation's mayors and other bipartisan supporters.

On a decisive 99-0 vote, the Senate sent S. 350 to the House of Representatives, whose leaders have now been prompted to move it up on their agenda. The House version, H.R. 324, has been referred to the House Energy and Commerce Committee, the Transportation and Infrastructure Committee, and Ways and Means.

Brownfields are sites that are potentially contaminated but that also have potential for redevelopment and reuse. Thousands of sites across the country have known or suspected contamination from toxic waste disposal or from industries that use hazardous substances. Many are in populated areas. A disproportionate number of these hazardous sites and industries are located in low-income and racial-ethnic communities. First brought to the attention of the churches by the 1967 UCC study (the United Church of Christ's Commission on Racial Justice), this pattern has since been confirmed.

The presence of a contaminated site presents problems for the surrounding community. In addition to concerns about potential health consequences, there is also an economic impact. Sites that have been identified as definitely or possibly contaminated become pariahs, difficult or impossible to sell, lease, redevelop or use. Legislation over who should pay how much of the cleanup costs can drag on for decades. Many such abandoned sites sit as eyesores in urban locations around the country, furthering the economic stagnation of the inner cities.

"The Mayors believe this legislation can dramatically improve the nation's efforts to recycle abandoned and the underutilized brownfield sites, providing new incentives and statutory reforms to speed the assessment, cleanup and redevelopment of these properties," said U.S. Conference of Mayors President H. Brent Coles (Mayor of Boise).

General Assembly

Presbyterian General Assemblies have consistently emphasized the social justice dimension of waste disposal issues. In its report "Restoring Creation for Ecology and Justice," the 1990 Assembly recognized the "grievous impact hazardous wastes have had on poor and racial-ethnic communities." The Assembly called for people in affected communities to participate fully in making decisions about the siting and cleanup of waste facilities.

Current Legislation

More than 450,000 brownfield sites lie abandoned, largely because developers fear lawsuits as well as intense federal oversight of cleanup efforts. The Senate bill, S. 350, authorizes more than $1 billion over five years in federal grants for cleanups, provides some liability protections for landowners and developers, and gives states the lead role in cleanup decisions.

Plus, it would, for the first time, explicitly authorize a program that has operated since 1993 as part of Superfund, the primary tool for cleaning up the nation's most dangerous toxic-waste sites. Brownfields are considered to pose lower health risks. Key provisions of S. 350:

• Authorization for $150 million in funds for assessment and cleanup of brownfield sites;
  
• New legal protections (through Superfund liability relief) for innocent parties, such as contiguous property owners, prospective purchasers and innocent land owners;
  
• Authorization for $50 million per year for state cleanup programs, and creation of appropriate limits on federal enforcement authority in deference to state programs;
  
• Creation of a public record of brownfield sites, and enhanced community involvement in site cleanup and reuse; and
  
• Provisions for deferrals of listing sites on the National Priorities List, if states are taking action at sites.

Brownfields are not only about cleaning-up polluted waste sites in urban areas, but their redevelopment is about recycling land; which has important environmental and economic benefits for cities.

Recycled brownfields add to a city's tax base, thereby providing more funding for schools, police, and mass transit. Recycling brownfields also reduces urban sprawl, by locating businesses and people in places that already have an existing infrastructure to serve them, instead of creating new infrastructures in green spaces.

Paul Helmke, former mayor of Fort Wayne, Indiana, and past president of the U.S. Conference of Mayors, who is often considered the 'father' of the brownfields redevelopment movement, noted at a recent Mayor's press conference: "Brownfields are an issue in communities of every size across the country. There are brownfields in every congressional district in this nation, from abandoned gas stations to old mining sites."

President Bush Praises Action

In a White House statement released just after the Senate passed S. 350, President Bush said, "I am pleased that the Senate has passed legislation to clean up the nation's brownfields. Environmental reforms must set high standards and get results. This legislation will allow communities to reduce environmental and health risks, capitalize on existing infrastructure and create jobs. I commend the Senate for their bipartisan approach to this important environmental reform."

EPA Administrator Whitman has been an early supporter of the Senate bipartisan legislation and was the first Bush Administration cabinet official to join with leaders at a press conference last month at the National Press Club, where she further emphasized the Administration's support for S. 350. "The Senate's 99-0 vote for S. 350 is very exciting news. S. 350 encourages Brownfields redevelopment by clarifying Superfund liability and funding Brownfields cleanups that will make our communities safer and cleaner," she said. "I look forward to working with the House to earn its bipartisan endorsement of Brownfields legislation," Whitman said in anticipating U.S. House of Representative action on the legislation.

Bipartisan Support

Successful Senate action on the bill was the result of a strong bipartisan effort by the leadership of the Senate Environment and Public Works Committee.

During Senate floor debate, Committee Chair Senator Bob Smith (R-NH) said, "without the support of the President, we would not see this legislation become law. President Clinton, as well, was a supporter of the brownfields bill." "I urge the House to quickly take up of this legislation to provide President Bush with the opportunity to sign this bill into law," Smith said in comments following the Senate vote.

And Senator Harry Reid (D-NV), the Ranking Minority Member of the Senate Environmental and Public Works Committee, noted:"We didn't just reach across the aisle to pass this bill, we reached out to all those who share an interest in this issue. Mayors, environmentalists, the business community, public health advocates, realtors, the administration and others all joined to help pass this bill in the Senate and we must continue that unified approach as this bill moves over to the House of Representatives."

Senator Lincoln Chafee (R-RI), the original author of the legislation, which had garnered 70 cosponsors by the time the vote was taken, talked about his experience as the Mayor of Warwick. "As a former mayor, I understand the environmental, economic and social benefits that can be realized in our communities from revitalizing brownfields," he said.

On to the House

Now that the Senate has passed S. 350, the legislation has been referred to the House Committee on Energy and Commerce, and also to the Committee on Transportation and Infrastructure. According to House Energy and Commerce Committee Chair Billy Tauzin (R-LA), the House version of the brownfields legislation has not been scheduled for a markup. When the House does take up its version, conservatives will probably push to shift even more control from the federal Environmental Protection Agency to the states for overseeing cleanups of contaminated sites.

Paul E. Gillmor, R-Ohio, chairman of the House Energy and Commerce Subcommittee on Environment and Hazardous Materials, said he wants to prevent brownfield cleanups "from becoming entangled" in litigation and bureaucracy.

"A meaningful brownfields law should give a developer confidence that after a state certifies a site as being clean, the federal government will not force additional requirements," Gillmor said in a statement. However, advocates for the environment will strongly urge the House to maintain the provisions passed in the Senate version that keep an appropriate level of oversight by both federal and state officials. It is important for advocates to press this point with their U.S. Representative to ensure much needed brownfields redevelopment while maintaining public health and environmental safety.

Suggested Action:

Contact your Representative and urge them to support the Senate version of the brownfields bill, S.350. Be sure to tell them you support the provisions in the Senate version, and you are requesting that the House doesn't weaken any environmental standards.

Write to your Representative at:

Honorable ______________
U.S. House of Representatives
Washington, DC 20515

Capitol Switchboard: (202) 224-3121

Presbyterian General Assembly Policy:

"Restoring Creation for Ecology and Justice," a report adopted by the 202nd General Assembly (1990), recommends basic policies on hazardous waste. The Assembly underscores its concern for the deleterious health effect of abandoned waste disposal sites on surrounding communities, noting the "grievous impact hazardous wastes have had on poor and racial-ethnic communities." It encouraged full participation in the decision-making process by all who are affected by the siting or cleanup of hazardous waste sites.

These recommendations are reaffirmed in the 1995 resolution "Hazardous Waste, Race and the Environment." The 1995 Assembly "supports the development of public policies that result in the elimination of the disproportionate risk borne by the poor and people of color, and that encourage industries to engage in cleanup activities." The Assembly supported efforts to develop participatory mechanisms and structures at the federal, state and local levels that will ensure that affected residents are involved in defining the problem and selecting solutions.