ESWP: The "Business of Brownfields": 2008 Conference Program

The "Business of Brownfields" Conference

Wed. - 4/16/08

Thur. - 4/17/08

Fri. - 4/18/08


Wednesday, April 16, 2008

3:00 - 5:00 PM

Brownfields Bus Tour Sponsored by NBA - PA Chapter

Join us on Wednesday, April 16, 2008 to tour three of Pittsburgh’s best & brightest brownfield reclamation projects:

The South Side Works, The Waterfront and Summerset at Frick Park.

See what the developers of these landmark projects saw long before the rest of us!

The South Side’s eclectic bars, restaurants, boutiques, cafes, and bookstores beckon throngs of young and old alike, who fill the sidewalks in the evenings with energy. In the past decade, the historic neighborhood has enjoyed a meteoric rise in real estate values—uncharacteristic for the city. Another hotspot, the Waterfront, was home to the Homestead Works from 1879 to 1986. Now, it is one of Pittsburgh’s newest destinations for shopping, dining, and nightlife. Across the Monongahela River, Summerset at Frick Park, a former slag heap is in its second phase of development. Upscale homes, a swimming pool, hotel and recreation center are sprouting upon a moon-scaped mountain. Come aboard to learn about the infrastructure, remediation process, land use, amenities, community engagement, financing, and the roles of the public and private sectors for each site. Speakers include: Damian Soffer (Soffer Organization); Jerry Dettore (Michael Baker Corporation and former Executive Director of the Urban Redevelopment Authority of Pittsburgh); John Coyne (Urban Redevelopment Authority of Pittsburgh); Patrick Earley (Allegheny County Economic Development Authority), Craig Dunham (Rubinoff Company), and Tom Murphy (Urban Land Institute and former Pittsburgh Mayor). The tour precedes the 2008 “Business of Brownfields” Conference, and is sponsored by the National Brownfields Association.

Join us for the “Business of Brownfields Conference” April 17-18, 2008; details can be found at www.eswp.com/brownfields.

Tour Schedule:
3:00 Bus Depart from Westin Convention Center Hotel
3:15 Arrive at South Side Works: Walking Tour with Damian Soffer, John Coyne & Jerry Dettore
3:45 Depart South Side Works
3:55 Drive through Waterfront Development with Patrick Earley
4:10 Arrive at Summerset at Frick Park: Walking Tour with Craig Dunham, John Coyne & Jerry Dettore
4:40 Depart Summerset and Return to Hotel
5:00 Reception with Keynote Speaker, Former Pittsburgh Mayor Tom Murphy at Hotel

Cost: $25/person; please indicate your selection on the “BoB” Registration form, or complete the Bus Tour Registration Form.



5:00 - 8:00 PM

The "Business of Brownfields" Conference Opening Night Welcome Reception
Crawford Room - Westin Convention Center Hotel (Adjacent to Convention Center)

Keynote Speaker, Former Pittsburgh Mayor Tom Murphy, Urban Land Institute

Mr. Murphy will reflect on his thinking and vision for the City of Pittsburgh during his tenure, which focused on Brownfields. He will talk, as well, about the Brownfield Development he has seen throughout the country in his work with the ULI and how Pittsburgh matches up against these other cities. He might even have some recommendations to strengthen Pittsburgh's future!

Tom Murphy, mayor of Pittsburgh from 1994 through 2005,holds the position of Fellow with the Urban Land Institute. In that capacity he offers advice and guidance to developers and local governments about policies and practices to encourage urban economic growth.

Thursday, April 17, 2008

8:30 - 9:15 AM

Plenary Keynote Session: David R. Lloyd, U.S. EPA Office of Solid Waste and Emergency Response, Washington, D.C. & Dan Onorato, Chief Executive Allegheny County, PA

9:30 - 10:30 AM (Coffee Break: 10:30 AM)

Brownfield Redevelopment in the Urban Environment – Unique Challenges /Lessons Learned

From the initial analysis of site conditions to the eventual redevelopment project, urban brownfields present numerous challenges, and at times opportunities, requiring innovative solutions while maintaining overall project controls and budgets. This session will present a number of the issues one might encounter specific to urban renewal projects through the presentation of actual case studies.

Moderator: Mark R. Urbassik, P.E., J.D., KU Resources, Inc., Duquesne, PA


Site Acquisition without the Worry

Environmental Liability of Brownfield properties continues to be a constraint for owners and developers. This session will discuss ways to limit corporate liability through partnerships and possibly as a charitable trust fund option.

Moderator: L. Raymond Hendry III, P.E., MACTEC, Pittsburgh, PA

  • Brownfield Liability Transfer - Jennifer Smokelin - Reed Smith LLP, Pittsburgh, PA
  • Trust Fund Option as an Innovative Liability Relief Mechanism - Troy Frederick - Western PA Brownfields Center at Carnegie Mellon, Pittsburgh, PA

How to Use the Revolving Loan Fund program to Purchase Insurance and Manage Environmental Liability

During this session, you will hear from representative of the U.S. Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (PADEP), and the insurance and consulting industries. We will create a roadmap for recipients of EPA’s Brownfields Revolving Loan Funds (RLF) to guide them in coupling the statutes of the Pennsylvania Land Recycling Program (Act 2 and Act 3) to environmental insurance products purchased with RLF dollars as a way to manage remedial and third-party liabilities on public redevelopment projects.

Moderator: William K. Ahlert, Ph.D. - HDR Engineering, Inc., Allentown, PA

  • Liability Protections Available from the Land Recycling Program - Jill Gaito, PA Department of Environmental Protection, Harrisburg, PA
  • How to Use the Revolving Loan Fund Program to Purchase Insurance and Manage Environmental Liability - Andrew Kreider, U.S. Environmental Protection Agency, Region 3, Philadelphia, PA
  • Premises Pollution Liability Insurance Policy - Rob Savill, ACE Environmental Risk, Philadelphia, PA

Indoor Air; Case Histories

This session will include three presentations that cover three important aspects of Site Characterization; from the collection of samples, to the analysis of samples, and finally, tools for mapping and presenting data in a logical format.

Moderator: David Perry, American Geosciences, Inc., Murrysville, PA

10:45 - Noon

Long-Term Resolution of Environmental Liability

This session will cover, through the presentation of a successful case study, the resolution of extended and contentious lawsuit via use of a court-approved liability assumption transaction.

Moderator: Mark R. Urbassik, P.E., J.D., KU Resources, Inc., Duquesne, PA

Looking Back: Assessing Voluntary Cleanup Programs and Redevelopment Efforts in Context

There are a number of ways to measure the success, motivations and effects of brownfield redevelopments. This session will assess redevelopment efforts from two different perspectives: 1) the experience of the Voluntary Cleanup Program participants and coordinators and 2) the demographic effects of the development strategies on surrounding populations. These two studies will discuss how we might glean best practices for future clean-up and development projects from considering those that have come before.

Moderator: Meredith Meyer Grelli, The Western Pennsylvania Brownfields Center at CMU, Pittsburgh, PA


Developing Legacy Sites - From Orphan to Opportunity

As part of its 2015 Sustainability Goals, The Dow Chemical Company (Dow) is implementing an aggressive and innovative effort to move its entire portfolio of what it calls “legacy sites” into productive reuse. Through mergers and acquisitions, Dow inherited approximately 50 properties from the former Union Carbide Corporation that were essentially vacant and unused. Putting itself into a unique leadership role, Dow has decided to aggressively clean up and reuse their legacy sites. Dow credits a cooperative partnership with EPA Region III in Philadelphia for some initial successes in piloting their efforts. These collaborators are now willing to share lessons learned and provide ideas for others who may want to use their approach as a model.

A panel discussion around these issues will be facilitated by Marjorie Buckholtz, who pioneered the Brownfields program at EPA in the early 1990s. Today, Ms. Buckholtz is Executive Vice President of The Horinko Group, working closely with Dow and other companies on creative approaches for dealing with legacy sites. Jennifer Bowman, Dow Responsible Care Leader, will kick off the interactive discussion by describing Dow’s 2015 Sustainability goals. Jerome Cibrik, Dow Remediation Leader, will describe the approach and provide some examples of successful land revitalization. Deborah Goldblum, the EPA Region III Revitalization Coordinator, will discuss the federal government's role in forging this new frontier. The panel will be rounded out by Ken Ellison, Director of the Division of Land Restoration in the State of West Virginia's Department of Environmental Protection. Mr. Ellison will talk about the interplay among the partners and the state's unique role in turning former company liabilities into community benefits.

Moderator: Harry Trout, GAI Consultants, Inc., Homestead, PA

  • Marjorie Buckholtz, Formerly of EPA, now VP, The Horinko Group, Washington, DC
  • Jerome Cibrik and Jennifer Bowman, Dow Chemical, South Charleston, WV
  • Ken Ellison, West Virginia Department of Environmental Protection, Charleston, WV
  • Deborah Goldblum, Revitalization Coordinator, EPA Region III, Philadelphia, PA

The Uniform Environmental Covenant Act: Why it was needed and how DEP is implementing it.

The Uniform Environmental Covenant Act (UECA) was signed into law as Act 68 of 2007 on December 18, 2007. This panel session will discuss why Act 68 was needed and how DEP is implementing it.

Moderator: John Andzelik, Pennsylvania Dept. of Environmental Protection , Pittsburgh, PA


1:30 - 3:00 PM

Emerging Technologies for Risk Assessments

This panel will address new analytical technologies that can get you to “yes” on your brownfield site. Method 6800 for Elemental and Speciated Analysis addresses the Hexavalent Chromium issue among other analyses; Method 8272 addresses the bioavailability of PAHs; Arsenic speciation addresses the “total arsenic” issues that plague Pennsylvania.

Moderator: Barbara Jo Hall - TestAmerica Laboratories, Inc., Pittsburgh, PA


Innovative Approaches Combining Environmental Technologies and Redevelopment Plans to Attain Brownfield Successes

This session will evaluate a myriad of approaches used to obtain brownfield redevelopment. The presentations will cover topics such as reclaiming
land for golf (utilizing typical golf-source maintenance and drainage methods to maintain environmental protection); reusing soils on-site after ex situ
chemical treatment; and instituting an “outside/in” strategy to significantly reduce redevelopment costs and time.

Moderator: Mark R. Urbassik, P.E., J.D., KU Resources, Inc., Duquesne, PA


Public-Private Partnerships in Brownfield Redevelopment

Many brownfield sites are doomed to fail without a strong Public-Private Partnership. This session provides case studies of successful partnerships
and a discussion of the practical issues which guide development on brownfields and the appropriate roles for the public and private sectors in achieving feasible and successful projects.

Moderator: Harry Trout, GAI Consultants, Inc., Homestead, PA

3:30 -5:00 PM


Anticipating the "OH NO!"

This panel will consider how to work through the integrated risk management of a proposed contaminated property transaction (brownfield) so that problems are anticipated and responded to correctly. Not only does the deal get done but it will not blow up after five years. “Oh No’s” or “Gotchas”, include such things as reopeners, changes in conditions and regulations, changes in ownership or land use, failures of institutional/engineering controls, and miscommunication of risk. A distinguished panel consisting of an environmental lawyer, engineering expert, insurance broker and developer will weave a story line based on the combination of two actual transactions currently under the NY Brownfields program.

Moderator: Maureen Ford, Pennsylvania Commercial Real Estate, Inc., Pittsburgh, PA


PA One Cleanup and Land Use Controls

This panel will discuss current regulatory aspects of PA's affecting future development. Enforceability, implementation and long term maintenance of land use controls should be carefully considered long before construction begins.

Moderator: John Andzelik, Pennsylvania Dept. of Environmental Protection , Pittsburgh, PA


Remediation Systems Integrated into Overall Project Objectives – Doing It Right!

When your brownfield redevelopment project can’t be addressed through institutional controls or other non-permanent remedies, it is essential that the remediation system is designed to integrate into the unique aspects of the overall project. This session will present two case studies demonstrating successes in promoting overall project goals through active remediation.

Moderator: Mark R. Urbassik, P.E., J.D., KU Resources, Inc., Duquesne, PA


Repositioning and Marketing Tough Sites in Tough Markets

How do you attract developers/investors to a brownfield site in a secondary and tertiary real estate market? The typical brownfields model works well in larger cities where real estate demand drives the cleanup process. Taking a brownfield site from cleanup to redevelopment in more difficult markets provides unique challenges and requires innovative approaches.

This session will engage participants in a case study approach to brownfields repositioning in challenging economic markets. Based on the panelists' experience across a number of brownfields projects involving market evaluation, repositioning, land reuse and cleanup design, financing, and property marketing, the session will take participants through all phases of a hypothetical (but realistic) redevelopment project. The session will rely on input from participants about site features, useful tools, and public and private resources.

Moderator: Harry Trout, GAI Consultants, Inc., Homestead, PA

Friday, April 18, 2008

8:30 - 9:00 AM

Plenary Keynote Session: Jill Gaito, PA Department of Environmental Protection, Harrisburg, PA

 9:00 - 10:15 AM

Addressing the Risk Continuum in Brownfield Transactions

There are numerous stakeholders in brownfield transactions, including buyers, sellers, developers, public entities, consultants and contractors. In order for a brownfield transaction to be successful, stakeholders must identify and manage their legal, environmental, regulatory, entitlement, and business risks during the various stages of the brownfield lifecycle. In this panel, risks that various stakeholders assume in the idle/underutilized, the redevelopment and finally the end-use stages of brownfield properties will be identified and discussed. During the presentation, the panel will also explore various resources to manage these risks. The objective of the panel is to provide a holistic picture of risk identifications, evaluation and management for multiple stakeholders in brownfield transactions. The unique aspect of this proposed panel is that risk for numerous stakeholders will be identified during various stages of brownfield redevelopment to provide multiple vantage points of risk evaluation and management. Audience members who participate in brownfield transactions will better understand their own exposures, as well as become educated on the exposures of other participants in the process.

Moderator: Maureen Ford, Pennsylvania Commercial Real Estate, Inc., Pittsburgh, PA

  • Denise Brinley - Pennsylvania Department of Environmental Protection, Harrisburg, PA
  • Marcel Ricciardelli, XL Insurance - Environmental, Exton, PA
  • Richard M. Sheldon, Jr., ARM, Willis, Radnor, PA


Cinderella and Her Step-Sisters: Success and Successes-In-Waiting on Former Steelmaking Sites

Three former steelmaking site case studies will explore methodologies utilized to create dramatic redevelopment success (Summerset at Frick Park in Pittsburgh, PA – “Cinderella”) and to position the hard-to-market sites for eventual reuse (Carrie Furnace outside Pittsburgh, PA and Franklin Mills outside Johnstown, PA – “Step Sisters”)

Moderator: Harry Trout, GAI Consultants, Inc., Homestead, PA


Success Stories in Rural Communities

This session includes two case studies dealing with sustainability applications and innovative strategies to re-vitalize brownfield sites in rural communities. The speakers address financing programs and the resolution of obstacles during the development process.

Moderator: Raymond Wattras, Michael Baker Jr., Inc., Moon Township, PA

  • Small Site, Big Impact: Success Stories of Rural Community Brownfield Projects - Nicole Kayal - Northern West Virginia Brownfields Assistance Center, Morgantown, WV

The Art of the Deal – Redeveloping Second Tier Brownfield Sites

The “second tier” of brownfield redevelopment is characterized by having more challenges than sites that were sought after and more readily developed in the early years. This panel discussion explores these issues and provides practical advice on finding potential sites, identifying and resolving the concerns of buyers and sellers, obtaining funding, and the significance of liability release.

Moderator: Colleen Kokas, NJDEP, Office of Brownfield Reuse, Trenton, NJ

  • Brian Clark - Buchanan, Ingersoll & Rooney, Pittsburgh, PA
  • Donald Kortlandt, Urban Redevelopment Authority of Pittsburgh, PA
  • Tracy Vernon, PA Department of Environmental Protection, Harrisburg, PA
10:30 - Noon

Site Characterization Complications

Site Characterizations often are not completed without dealing with unexpected circumstances. This session includes three case studies that all involve something unexpected along the way that presented a challenge.

Moderator: David Perry, American Geosciences, Murrysville, PA


Integration of Site Investigation, Engineering Process Control Systems, and Innovative Remediation Technologies at a Brownfield Site

Lessons learned during remediation of #6 fuel oil contamination under a historic building are presented. Improved site investigation techniques are now available. On-line process control during injection of chemical oxidants increases effectiveness and safety. Application of enhanced bioremediation and Waterloo Barrier® remediation tools at the Brownfield Site are also presented.

Moderator: Richard T. Cartwright PE, CHMM, CPIM, MECX, LLC, East Amherst, NY


Managing Brownfields as Assets

Brownfields are not often viewed as assets or resources that can be managed. This session provides a different perspective on brownfield site development looking at the creation of value through real estate asset management, the critical role of community involvement and a decision-making tool to prioritize the allocation of brownfield redevelopment funds.

Moderator: Harry Trout, GAI Consultants, Inc., Pittsburgh, PA


Sustainable Development Applications and Impacts

This session showcases two projects that address “smart growth” and “land conservation” during site development. Both projects recognized the historical importance of the past use and how those features bring value added in terms of conservation and sustainability.

Moderator: Raymond Wattras, Michael Baker Jr., Inc., Moon Township, PA

  • Incorporating the Green into a Move to a New Neighborhood - Joyce O'Connor - Cardinal Resources LLC, Monroeville, PA
  • Brownfield Redevelopment Impact on Cultural Resources - Benjamin Resnick - GAI Consultants, Inc, Homestead, PA


 

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