"Cleaning Up the Past, Building the Future: The Brownfields Program"

House Public Works and Transportation Subcommittee on Water Resources

2025-05-07

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Summary

This meeting of the Subcommittee on Water Resources and Environment focused on the Environmental Protection Agency's (EPA) Brownfields program, discussing its history, significant impacts, and areas for improvement. Witnesses provided insights into how the program facilitates the redevelopment of contaminated sites, fosters economic growth, and addresses public health and environmental justice concerns across various communities.[ 00:30:53 ]

[ 00:30:59 ] [ 00:31:20 ] [ 00:31:38 ] [ 00:31:41 ]

Themes

Importance and Impact of the Brownfields Program

The EPA's Brownfields program is recognized as a highly effective federal initiative for redeveloping underutilized contaminated sites and revitalizing local economies. There are an estimated 450,000 brownfield sites across the United States, which are properties abandoned or underused due to environmental contamination concerns.[ 00:31:20 ]

[ 00:31:32 ] Since its inception, the program has successfully made over 10,800 sites ready for productive reuse, leveraged more than $40.4 billion in additional funding, and contributed to the creation or leveraging of over 270,000 jobs.[ 00:31:45 ] Specific examples include the redevelopment of an old cotton mill in Georgia into an apartment complex and housing developments along the Oswego River in New York.[ 00:32:33 ] Ohio's Voluntary Action Program, supported by brownfields grants, has achieved cleanup at 750 sites, leading to the reuse of over 17,000 acres.

Programmatic Challenges and Recommendations

A significant barrier to brownfield redevelopment is the stringent liability standards under CERCLA, which can hold current property owners responsible for cleanup costs even without negligence on their part.[ 00:32:11-00:32:20 ]

To enhance the program's effectiveness, recommendations include reauthorizing the Brownfields program, increasing overall funding levels, and allowing greater flexibility for cleanup grant ceilings, potentially up to $1 million, to address complex cleanups. The administrative burden and complex reporting requirements associated with federal grants also pose challenges, particularly for rural counties with limited staff and resources.[ 01:28:11-01:28:47 ] Witnesses suggested renewing federal tax incentives for cleanup, creating a brownfields loan guarantee program, expanding allowable expenses to include demolition and environmental insurance, and making grants available to for-profit developers of affordable housing. Furthermore, the high interest rates sometimes charged by revolving loan fund grantees deter private investment, prompting a call for interest rate caps to ensure capital deployment.

Role of Federal, State, and Local Governments & Private Sector

The program relies on a collaborative approach, with federal funding leveraging significant private investment for redevelopment efforts.[ 01:04:30 ]

State and tribal assistant grants (128A funds) provide flexibility for states to tailor brownfield programs to their specific needs, supporting activities like environmental assessments and community outreach. The success of brownfield redevelopment often hinges on strong public-private partnerships, especially for local governments seeking to repurpose contaminated assets like old landfills or utility facilities. Lenders are frequently hesitant to finance brownfield projects due to perceived environmental risks, underscoring the need for mechanisms like loan guarantees and liability exemptions to de-risk investments.[ 01:47:21-01:47:40 ]

Environmental Justice and Housing

The Brownfields program is crucial for addressing environmental justice, particularly in communities that have suffered from historical contamination and disinvestment, by accelerating remediation and reducing public health risks. Redeveloping these sites also creates opportunities for affordable housing, which is a critical need in many areas. Proposals include increasing Low-Income Housing Tax Credits (LIHTC) and providing direct grants to private developers working on affordable and workforce housing on brownfield sites.

Ongoing Challenges and Future Outlook

Emerging contaminants such as PFAS (per- and polyfluoroalkyl substances) present new complexities, prompting calls for statutory exemptions from CERCLA liability for parties voluntarily cleaning up PFAS contamination under state law. Despite the program's successes, new sites are continually being added, often from bankrupt businesses or former mom-and-pop operations, highlighting a persistent need for funding and remediation efforts. Improved coordination among federal agencies, and between federal, state, and local entities, is essential to streamline processes and maximize the impact of brownfield initiatives.

Tone of the Meeting

The meeting maintained a largely collaborative and bipartisan tone, with members from both sides expressing strong support for the Brownfields program and its positive impacts on communities.[ 01:52:51-01:53:27 ]

While concerns were raised about potential federal budget cuts to the EPA and associated programs, there was a clear consensus on the value of brownfield redevelopment for economic revitalization, public health, and environmental stewardship.[ 01:29:29-01:29:35 ] Witnesses were generally optimistic about the program's potential for continued success with appropriate adjustments and sustained funding.[ 00:48:22-00:48:25 ]