Tuesday's Program

8:00-9:00AM

BUYER BEWARE: FEDERAL STANDARDS GOVERN DUE DILIGENCE
Session 2A

Moderator: Heather Wyman, Buchanan Ingersoll PC, Pittsburgh, PA

This program will begin with an overview of the Small Business Liability and Revitalization Act of 2002 (aka, the Federal Brownfields Law) and then focus on the “All Appropriate Inquiries” standard. Forget about simply having an ASTM Standard Environmental Site Assessment performed; learn the facts you need to know to comply with these federal standards regarding due diligence.

Abbi L. Cohen, Dechert LLP, Philadelphia, PA
Terrence S. Finn, Roetzel & Andress, LPA, Cleveland, OH

VAPOR INTRUSION: NOTHING TO SNIFF AT
Session 2B

Moderator: John J. Matviya, PA Department of Environmental Protection, Pittsburgh, PA

Forty-nine of the fifty states have adopted some form of voluntary cleanup program using a risk-based approach. In most cases cleanup criteria numbers were based on risks associated with soil and groundwater contamination through direct contact. Pennsylvania's statewide health standards considered the ingestion pathway for most contaminants as being the pathway of concern. With many brownfield properties approved for reuse despite residual contamination there have been instances of volatilization of contaminants in the subsurface into occupied buildings. This session will discuss the implications for development, describe screening approaches to determine when a risk may be present, and present a case study where despite "passing" the screening criteria, vapor mitigation was necessary to protect public health.

Vapor Intrusion: Implications for Brownfield Redevelopment
Caryn Barnes, Laura George, Langan Engineering and Environmental Services, Inc., Philadelphia, PA

An Initial Screening Approach - Evaluating Subsurface Release & Indoor Air Quality
Dr. Kevin H. Reinert, Rohm & Haas Co., Spring House, PA

A Case Study of Indoor Air Infiltration of VOC’s from Contaminated Groundwater in an Urban Setting
Mr. Fred Baldassare, P.G., PA Department of Environmental Protection, Pittsburgh, PA

BROWNFIELD CORPORATE ISSUES
Session 2C

Moderator: DeWitt Peart, Allegheny Conference on Community Development, Pittsburgh, PA

Corporations and other owners of brownfields are now speaking out about coming clean. This is a huge shift from the “build a fence around it and walk away” philosophy that dominated the thinking of corporate attorneys prior to their growing comfort level with state and Federal brownfield programs.

East Plant Site - South Charleston, WV & Smith Street Site, Nitro, WV
Mr. James W. Bodamer, FMC Corporation, Philadelphia, PA

Jerry Swart, FedEx Ground, Pittsburgh, PA

9:15-10:45AM

SOIL & GROUNDWATER REMEDIATION
Session 3A

Moderator: Dan M. Powell, U. S. Environmental Protection Agency

There are many alternatives to consider when remediation must be performed. These speakers will share with you their successful experiences in using some of the more innovative techniques for remediating and managing contamination at a brownfields site.

Iron Filing Permeable Reactive Barrier Eliminates Exposure Pathway
David Parsonage, Troy Scott, American Geosciences, Inc, Murrysville, PA

Successful Remediation Project at Typical Brownfield Site With Tight Soil Matrix
Richard Cartwright, MECX, LLC, East Amherst, NY

Ozone, Hydrogen Peroxide, and Air Injection Systems for Aggressive In-Situ Chemical Oxidation Remediation
Charles Whisman, Groundwater & Environmental Services, Inc., Exton, PA

MTBE & Water Supply
Frederic R. Coll, URS Corporation, Pittsburgh, PA
Edward J. Gursky, P.G., PADEP, Environmental Cleanup Program, Southwest Regional Office

BROWNFIELDS DEVELOPMENT IN SOUTHWESTERN PENNSYLVANIA -- WHERE HAVE WE BEEN AND WHERE ARE WE GOING?
Session 3B

Moderator: Chester (Chip) Babst, Babst Calland Clements & Zomnir, P.C., Pittsburgh, PA

The purpose of this presentation is to discuss how local governments can work in conjunction with one another and the state to develop brownfield sites in a safe and effective manner. Do the completed sites provide any insight into the future of Pennsylvania's Brownfields Program or do the new DEP initiatives and the new funding programs administered through the DCED represent a major change in the Program?

Charles J. Betters, Bet-Tech Incorporated, Monaca, PA
Dennis M. Davin, Allegheny County Department of Economic Development, Pittsburgh, PA
Joseph K. Reinhart, Esq., Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, PA
Melissa L. Williams, Department of Community and Economic Development, Harrisburg, PA

PROMISES KEPT: AN INTEGRATED SOLUTION TO CONTROLLING WASTE IN PLACE
Session 3C

Moderator: Susan Neuman, Esq., Ph.D., Environmental Insurance Agency, Inc. White Plains, NY

Waste left in place poses long-term monitoring and control issues at many Brownfield properties, and a variety of enticing environmental insurance and alternate risk transfer (ART) products have been touted as solutions – cleanup cost cap insurance, liability buy-backs, trusts, finite risk, pooling arrangements, and institutional controls coverage. However, the history of successful application of these products, particularly to the typical Brownfield, is not encouraging. The solution is an approach that integrates the right combination of these risk financing products with traditional risk control mechanisms, in a way that is tailored to fit the specific risk in question.

Kurt Frantzen, Ph.D., RemVer, Inc.
John Nevius, Esq., PE, Anderson Kill, New York, NY
Lindene Patton, Esq., CIH, Zurich Specialties, New York, NY

11:00AM-NOON

BEYOND PENNSYLVANIA: A LOOK AROUND THE EASTERN U.S.
Session 4A

Moderator: Heather Wyman, Buchanan Ingersoll PC, Pittsburgh, PA

The Eastern United States has a number of brownfield opportunities. Where there are common features in state regulatory programs, there are also differences based upon site-specific needs, as well as governance. This session will help us to learn what works for our neighbors.

Private and Public Financial Incentives Available for Land Reuse
Terri Smith, CPM, Environmental Liability Management Inc., Princeton, NJ

Kentucky Brownfields Programs and Hydrogeology
Mr. Robert Perkins, P.G., MBA, AMEC Earth & Environmental, Inc., Louisville, KY

Smart Decision-Making Leads to Successful Brownfield Redevelopment - An Ohio Perspective
Craig Kasper, P.E., Hull & Associates, Inc., Dublin OH

TRACKING INSTITUTIONAL CONTROLS: THE FINAL FRONTIER
Session 4B

Moderator: Deborah A. Lange, Ph.D., P.E., DEE, Steinbrenner Institute for Environmental Education & Research at CMU

Institutional Controls are only as good as the tracking system that monitors them. IC tracking sytems can help create virtual watchdogs to insure that controls are maintained and avoid ICs becoming "paper tigers." Hear about some of the latest techniques used to track institutional controls, including Terradex's GIS-based tracking system, EPA's IC Tracking Network, The National Land Use Control Web Ring, state and local land use control implementation plans (LUCIPS) and more.

David Borak, ICMA, Washington, DC

BASICS OF BROWNFIELDS FINANCING
Session 4C

Moderator: Christine E. Olshesky, PNC Realty Services, Pittsburgh, PA

Financing remains a key barrier to brownfield reuse in many areas, because brownfield stakeholders are often not familiar with either basic private financing policies and procedures, or public-sector tools that can be tapped to jump-start brownfield projects and leverage private investment. This presentation will provide a comprehensive overview of the basics of financing, and will consider the following issues:

• Common financing gaps (i.e., lack of funding for assessment and cleanup), how can public sector assistance best fill them, and why this help is needed.
• Goals that public financing strategies should seek to meet — reducing lender’s risks, enhancing project reuser’s financing situation, etc.;
• Emerging types of low- or no-cost techniques that cities could adopt to stimulate the flow of capital to brownfield activities;
• Benefits that communities have realized from supporting brownfield projects — the return on the public investment that justifies such involvement.

The presentation will also feature a half dozen case examples that illustrate various ideas in it. Overall, it intends to work through basic financing tools and ideas, while emphasizing their inter-connectedness at the community and project level.

Charles Bartsch, NE-MW Institute, Washington, DC

1:15-2:45PM

BROWNFIELDS AND THE MARKET
Session 5A

Moderator: Maureen G. Ford, RIDC, Pittsburgh, PA

This session is geared towards the developer or investor looking at brownfields for future projects. It will explore several successful and no-so-successful brownfield projects and highlight the differences between the two. What made one project work but not the other project? What should you be looking for/at when deciding upon the future marketability of a brownfield project. Several new brownfield projects will be reviewed and analyzed for their future marketability. Also to be touched upon will be whether or not markets can be made for brownfield projects.

Is There a Market After Remediation?
Maureen G. Ford, RIDC, Pittsburgh, PA

New Techniques to Transform Environmentally Impaired Properties into New Opportunities
Spiros Antoniadis, North American Realty Advisory Services, L.P., New York, NY

Getting Attention for Your Brownfield Site
Pamela Caskie, Borough of Ambridge, Ambridge, PA

Marketing of Brownfields Through the Development of Urban Commercial Parks
Stephen Pholar, West-to-West Coalition, Duquesne, PA

THE EMERGING SECTOR IN THE BUSINESS OF BROWNFIELDS -- THE POST-REMEDIATION MANAGEMENT AND FINANCING SECTOR
Session 5B

Moderator: John W. Ubinger, Jr., Jones Day, Pittsburgh, PA

Join this session for a forward-looking discussion concerning the emerging Brownfields business sector comprised of enterprises whose core business purpose is to assume an owner's or developer's liability for the post-remediation care obligations emanating from risk-based cleanup projects; including important law and policy considerations relating to this evolving paradigm for the management and financing of long-term environmental obligations.

Panelists:
Edward S. Allen, Environmental Risk Solutions, LLC, Mason, OH
Randy L. Turk, Glenn Springs Holdings, Inc., Lexington, KY

FEDERAL PROGRAMS -- CONTINUING THE MOMENTUM IN WASHINGTON
Session 5C

Moderator: Charles Bartsch, NE-MW Institute, Washington, DC

The US EPA adds clarification and value to their program, while other agencies such as HUD and EDA are coming along in greater and greater capacities.

Kristeen Gaffney, U.S. EPA - Region 3, Philadelphia, PA
Ed Hummel, U.S. Economic Development Administration, Philadelphia, PA
Richard M. Nemoytin, Field Office Director - Pittsburgh, HUD

3:00-4:30PM

GETTING DOWN TO BUSINESS: MANAGING THE ENVIRONMENTAL CONCERNS IN A REAL ESTATE DEAL
Session 6A

Moderator: Marcel Ricciardelli, XL Insurance - Environmental, Exton, PA

This panel will involve an evaluation of the business of developing property and the various available tools for managing environmental risk for the site developer and financier. The panel will present the dynamic and changing options a developer has to manage risks and satisfy stake holders including the seller, lender and tenants concerning environmental issues. Various risk management tools will be examined including environmental insurance, self insurance, escrow accounts, finite risk and indemnifications.

Jane Bolin, Wachovia Bank, Charlotte, NC
Mark Manewitz, Reed Smith, Newark, NJ
Marcel Ricciardelli, XL Insurance - Environmental, Exton, PA
Stephen M. Soler, Georgetown Land Development Company, Georgetown, CT

PENNSYLVANIA'S ABANDONED MINES -- REVITALIZATION AND REUSE OPPORTUNITIES
Session 6B

Moderator: J. Scott Roberts, Deputy Secretary for Mineral Resource Management, PADEP

Abandoned mine lands and mine drainage are two legacies from Pennsylvania's proud mining history. The Commonwealth has over 185,000 acres of unreclaimed lands and more than 2,500 of mine drainage impaired streams. Efforts are underway to rethink these problems. The reuse of abandoned mine lands can serve to both eliminate health and safety issues while creating economic opportunity, reusing mine waters expands Pennsylvania's water resource base while conserving clean waters, and the recycling of metals from mine drainage may hold the key to restoring Pennsylvania's waterways. The panel will discuss the challenges and rewards of their own experiences changing the paradigm of abandoned mine lands from problem to opportunity.

Robert Hedin, President, Hedin Environmental, Pittsburgh, PA
Christopher Colbert, Genpower, Inc., Needham, MA
Joseph Scheuck, Chief, Abandoned Mine Drainage Division, Bureau of Abandoned Mine Reclamation, PADEP, Harrisburg, PA

THE REALITIES OF REAL ESTATE
Session 6C

Moderator: Deborah Lange, Ph.D., P.E., DEE, Steinbrenner Institute for Environmental Education and Research, Carnegie Mellon University, Pittsburgh, PA

A remediated site does not guarantee nor imply instant occupancy. In this session, we will hear how developers make decisions and the criteria behind those decisions. With time as a certain criteria, one must balance information gathering and risk — all the while considering the economic ramifications. Whether retail, commercial, residential or ‘big box,’ developers and investors must consider the site in the context of local markets — and other inherent uncertainties!

Eli Bratich, Bratich & Associates, Inc., Wexford, PA
James F. LaManna, NDC Real Estate Management
Jeff Meyers, Infinity Realty Inc., Pittsburgh, PA

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