The Brownfields Program Authorization: Cleanup of Contaminated Sites (CRS Report for Congress)
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| Release Date |
Jan. 27, 2002 |
| Report Number |
RL30972 |
| Report Type |
Report |
| Authors |
Mark Reisch, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
Summary:
The Environmental Protection Agency (EPA) defines brownfields as abandoned, idled, or
under-used
industrial and commercial facilities where expansion or redevelopment is complicated by real or
perceived environmental contamination. The brownfields program was established administratively
by EPA under the aegis of the Superfund program; without explicit authority for it in the law, it has
been financed by the Superfund appropriation. The program provides financial and technical
assistance to help communities restore less seriously contaminated sites that have the potential for
economic development. A combination of potential environmental, economic and social benefits
gives this program broad support among governments, environmentalists, developers, and
communities.
The program began in 1993 and has grown to include 398 brownfields assessment grants (most
for $200,000 over 2 years); 151 grants of up to $350,000 (up to $1 million beginning in FY2001)
to establish revolving loan funds to help finance the actual cleanups; 47 job training grants; and 28
Brownfields Showcase Communities where technical and financial assistance from 20 participating
federal agencies is being coordinated with state, local and non-governmental efforts.
EPA also addressed some liability and cleanup issues affecting brownfields by changing its
hazardous waste site tracking system, and issuing guidance clarifying the situations where it will not
bring enforcement actions against brownfield property owners.
FY1997 was the first year brownfields became a separate budgetary line item, at $37.7 million.
For FY2000 the appropriation was $91.7 million, in FY2001 the appropriation was $91.6 million,
and in FY2002 it is $97.7 million
The 106th Congress extended the brownfields cleanup tax incentive to December 31, 2003, and
expanded it to make all brownfields certified by a state environmental agency eligible for the tax
break. The provision allows the costs of redeveloping brownfields to be deducted in the current year
rather than being capitalized over a period of years. The administration favors making the provision
permanent.
Congress passed H.R. 2869 on December 20, 2001, and the President signed it on
January 11 ( P.L. 107-118 ). The act provides statutory authority to the brownfields program,
authorizes funding at $250 million per year, and protects certain property owners from Superfund
liability. Ten other bills have also been introduced.
This report provides background on the issue (including state voluntary cleanup programs),
surveys the Environmental Protection Agency's current program, and reviews congressional action,
including a description of the new law. The report will be updated as events dictate. For additional
information on legislative activity, see CRS Issue Brief IB10078, Superfund and Brownfields
in the
107th Congress.
