Ask the Experts Kiosks: Tuesday, November 9

9:00-9:30AM

ACT 2 ISSUES

Speaker: Pat O’Hara, Cummings Riter Consultants, Pittsburgh, PA

The Land Recycling and Environmental Remediation Standards Act (Act 2) has enabled enactment of the regulations that guide how Brownfield sites within Pennsylvania are remediated. Act 2 in an important tool in the redevelopment of Brownfield sites; and offers mechanisms that can provide liability protections to PRPs, buyers, sellers and developers. The technical regulations of Act 2 now serve as the framework for environmental cleanup standards in the Commonwealth. A memorandum of understanding between PADEP and USEPA Region III addressing the interfaces between Act 2 and Federal Environmental laws and Regulations has been executed.

9:30-10:00AM

DUE DILIGENCE AND BROWNFIELDS DEVELOPMENT

Speaker: Robert L. Burns, Jr., Esq., Thorp Reed & Armstrong, LLP, Pittsburgh, PA

Conducting environmental due diligence is important in brownfields development for both economic and legal reasons. Environmental due diligence is important economically because it should apprise the developer of the costs of any proposed remedial activities as well as other environmental costs associated with the proposed development. With regard to the legal reasons, in 2002, the Small Business Liability Relief and Brownfields Revitalization Act (the “Brownfields Act”) amended key provisions of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9601 et seq. Among other things, the Brownfields Act affects persons and businesses purchasing commercial property or any property that will be used for commercial purposes, and who may, after purchasing the property, seek protection from strict CERCLA liability as the current owner of property affected by the past release or threatened release of hazardous substances. The Brownfields Act provides that persons seeking such protections under CERCLA are required to conduct “all appropriate inquiries” — environmental due diligence — regarding the property prior to or on the date the property is acquired. If “all appropriate inquiries” are not conducted, the persons purchasing the property may not be able to claim protection from CERCLA liability as an innocent landowner, bona fide prospective purchaser, or contiguous property owner. The United States Environmental Protection Agency issued proposed rules for the conduct of “all appropriate inquires” on August 26, 2004. See 69 Fed.Reg. 52542 (Aug. 26, 2004). Thus, once the final “all appropriate inquiries” rules are issued, a brownfields developer who does not conduct “all appropriate inquires” as set forth in the proposed rules could lose its basis for claiming protections from strict CERCLA liability as an innocent landowner, bona fide prospective purchaser, or contiguous property owner.

10:00-10:30AM

VAPOR INTRUSION PREVENTION

Speaker: Heather Martin, LBI Technologies, Inc., Santa Ana, CA

The term “Brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Complex financial, legal and environmental risks and uncertainties are some of the biggest barriers to owners and developers. Reuse and redevelopment of these abandoned, idled or underutilized industrial and commercial sites are both a challenge and an opportunity. Putting these sites back into productive use can serve as a catalyst for local economic revitalization. In the face of society’s increasing needs and limited space, the rehabilitation of America’s Brownfields remains a necessary, complex and dynamic challenge. For the past 25 years, LBI Technologies, Inc., the manufacturers of LIQUID BOOT®, has offered an innovative and reliable solution to meet the challenge of gas vapor containment.

10:30-11:00AM

RISK ASSESSMENT

Speaker: Jill A. Gaito, MBA, TerraSure Development, LLC, Camp Hill, PA

In order for a brownfield redevelopment project to be viable, remediation costs must be reasonable given the project’s estimated Return on Investment. In many cases, environmental risk controls can be integrated into the site redevelopment master plan. This approach combines site planning with risk assessment and risk management to determine a remedial option that is protective while minimizing remedial costs and facilitating more timely regulatory closure.

Experienced Risk Assessment Professionals use sound science to help prepare a practical and cost-effective remedial plan that regulators can agree to. Risk Assessment Professionals can also assist in community outreach to help build support for the redevelopment project. From beginning to end, the skills and tools of a Risk Assessment Professional can make a difference in the success of a brownfields redevelopment project.

11:00-11:30AM

PUBLIC GRANTS AND LOANS

Speaker: Melissa Williams, PA Dept. of Community and Economic Development, Harrisburg, PA

11:30-NOON

DISTRIBUTED GENERATION, COMBINED HEAT AND POWER AND MICROGRID OPPORTUNITIES FOR PENNSYLVANIA BROWNFIELD REDEVELOPMENT

Speaker: Eric R. Coffman, Aspen Systems Corporation, Rockville, MD

Brownfields redevelopment has many priorities, but among the highest is attracting cutting-edge industries with high growth potential that can foster a local economy with high-income jobs and technically proficient labor. However, efforts to draw industries such as biotechnical, energy, and internet technology firms is highly competitive among states. To attract these firms a development must offer attributes that meet the tenants mission and provide a secure operating environment.

Many aging industrial sites offer features such as rail access, access to lakes, rivers or aquifers for process water and proximity to highways. These features were significant to industries such as steel and paper that consumed large quantities of raw materials and fuel. However, the industries of the future will be significantly less dependent on these traditional infrastructure features, and more on high-quality reliable utilities to maintain specialized manufacturing processes, server farms, complex manufacturing processes, and communications dependent call centers.

To accomplish this, brownfields developers need to carefully consider energy and utility infrastructure. To improve this infrastructure, developers can implement distributed generation, combined heat and power, power quality correction, microgrids and renewable energy technologies on-site.

1:00-1:30PM

BIOREMEDIATION APPLICATIONS

Speaker: Todd Balzer, Regenesis, San Clemente, CA

Accelerated bioremediation of petroleum and chlorinated hydrocarbon groundwater plumes has evolved into a widely accepted but often misunderstood remediation technology. Early applications focused on addition of the right bacteria, or “bioaugmentation.” More recent technologies, however, take a “build it and they will come” approach… that is, optimizing the environment for native bacteria, thus enabling them to thrive and reproduce. This increase in bacterial population in turn accelerates the rate of contaminant degradation or, compresses the time to site closure. This expert is available to discuss appropriate applications of bioremediation.

1:30-2:00PM

DUE DILIGENCE ASSOCIATED WITH TRANSACTIONS

Speaker: Scott R. Thistle, Esq., Cohen & Grigsby, P.C., Pittsburgh, PA

Nearly ten years after the passage of Act 2 of 1995 — a/k/a the “Land Recycling and Environmental Remediation Standards Act” – most transactions involving the sale of contaminated real property in Pennsylvania make use of Act 2 and the regulations adopted under it to one extent or another, if only to gauge the extent of contamination on the property and the potential liability posed by its purchase. Sellers and buyers alike need to be cognizant not only of the applicable cleanup standards and the methods by which one meets and demonstrates attainment of those standards, but also of the legal ramifications of the Act 2 process and of additional protections that can be built into the deal. Questions during this session will focus on the due diligence involved in transactions involving the sale and purchase of industrial or commercial property in Pennsylvania, including such topics as the scope of site characterization necessary to meet the client’s objectives, environmental representations and warranties, the use of indemnification provisions, and Buyer/Seller Agreements.

2:00-2:30PM

REMEDIATION TECHNOLOGIES FOR BROWNFIELDS REDEVELOPEMTN

Speaker: Troy E. Scott, P.E., American Geosciences, Inc.

Effective site remediation is a core component of Brownfield site redevelopment. A wide variety of treatment technologies and engineering controls are available to address residual contamination at former industrial sites. The proper application of appropriate remedial measures is critical for protecting human health and the environment while cost effectively restoring the use of a property.

3:00-3:30PM

GEOPHYSICAL INVESTIGATIONS FOR BROWNFIELD REDEVELOPMENT

Speaker: Peter J. Hutchinson, PhD, PG, The Hutchinson Group, Murrysville, PA

Geophysical investigations can be used at a Brownfields site for an initial investigation of the subsurface conditions. Specifically, these investigations can be used to locate buried tanks, drums, plumes, building footings, or waste disposal areas. In addition, buried utility corridors can be identified using geophysical methods. This expert will be available to answer your questions on applicable applications and techniques.

3:30-4:00PM

INTERNATIONAL MARKET STRATEGY

Speaker: Alexandra Hendrickson, Amaranth Group, Inc., Pittsburgh, PA

Amaranth Group, Inc. assists companies with international strategy and business development. Companies build their businesses globally with Amaranth Group market research, introductions to the right local partners and acquisition candidates, and on-the-ground set up assistance. Amaranth Group also provides a variety of marketing and promotion services to international economic development agencies for trade and investment attraction.

Amaranth Group has identified excellent opportunities for environmental companies in Europe, particularly in Central and Eastern Europe. Depending on your growth objectives, Amaranth Group can provide the strategy and road map to help you grow successfully in the region. We have identified local market opportunities, we can provide introductions to prospect customers and partners and we will support market entry with operations, marketing, and financing know-how.Amaranth Group has proprietary, detailed knowledge about construction projects being built by U.S. and Western European industrial companies in Central and Eastern Europe in 2004 - 2010. This research is a transaction-generating engine that our clients use to identify priority prospects for environmental services.Depending on your business building objectives, we provide exposure to market opportunities that take into consideration factors such as your key account relationships, your technical specialties and large project opportunities. “

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