The BUILD Act and the EPA’s Brownfields Program

At EWI, we deal extensively with brownfields, which are properties compromised by the presence or potential presence of a hazardous substance. The Environmental Protection Agency (EPA) manages these properties closely through multiple programs: the general Brownfields Program and a more recent addition, the Brownfields Utilization, Investment and Local Development (BUILD) Act. The latter initiative is good news for businesses and organizations dealing with brownfields across the country – but it’s important to make sure your business’s brownfield management policies are compliant.

The BUILD Act and the EPA’s Brownfields Program

What Are Brownfields?

A brownfield is a property that may be complicated by the presence or potential presence of a hazardous substance. Brownfields can be a nuisance for property or business owners who are hoping to expand, redevelop, or reuse the affected area. There are also a surprising number of brownfields across the country, with an estimated 450,000 brownfields in the U.S. alone. While these properties can be a nuisance, they can also be an important catalyst in economic growth. Overall, rehabilitating brownfields can increase local tax bases, facilitate job growth, and encourage infrastructure development. On a broader note, brownfield redevelopment can improve and protect the environment over the course of several years.

What Is the BUILD Act?

The EPA closely manages brownfield redevelopment. The BUILD Act was enacted on March 23, 2018, and serves as an extension of the EPA’s Brownfields Program. The BUILD Act accomplished several things:

• Authorized changes that affect brownfield grants, ownership, and liability provisions
• Authorized changes that affect State & Tribal Response Programs
• Made amendments to the 2002 Small Business Liability Relief and Brownfields Revitalization Act

While the BUILD Act has been enacted, it has not been fully implemented. The EPA is currently developing policy guidance to implement the BUILD Act.

How Does the BUILD Act Differ From Previous Programs?

Overall, the EPA’s Brownfields Program is designed to serve states, communities, and other stakeholders to sustainably develop brownfield areas. The program is a major boon to economic redevelopment, as it allows stakeholders to assess, clean up, and sustainably reuse brownfields, as well as preventing future brownfields from occurring. The program began in the mid-1990s with small amounts of seed money, leading to the 2002 Small Business Liability Relief and Brownfields Revitalization Act. Now, the BUILD Act extends these practices and provides several new tools for both the public and private sectors:

• Doubles funding for the Brownfields Program at a rate of $200 million for each fiscal year through 2023
• Adds an additional $50 million for state brownfield response program funding
• Expands eligibility for brownfields grants to non-profit 501(c)(3) entities
• Allows partial brownfields grant funds to be used for administrative costs
• Incentivizes brownfields projects involving renewable energy or energy efficiency measures

How Can My Business Leverage the BUILD Act?

If you are a business owner or organization director faced with rehabbing a brownfield, Environmental Works can walk you through the process. EWI has completed hundreds of site restoration initiatives in partnership with the EPA and local and state governments:

• City of Springfield, Missouri Brownfields Contract
• Missouri Brownfields Revolving Loan Fund Contract
• Brownfields inventories, corridor studies, and Phase I/Phase II Environmental Site Assessments
• Quality Assurance Project Plans (QAPPs)
• Analysis of Brownfields Cleanup Alternatives (ABCA)
• Brownfields Grant management and community outreach

So if you’re not sure how to leverage the BUILD Act to tackle your brownfield, reach out to EWI today. Email our due diligence team at duediligence_site@environmentalworks.com, and someone will get back to you shortly. If you have general questions about the Build Act, Environmental Works is here to help. To learn more, contact us online.