Following the passage of the historic Bipartisan Infrastructure Investment and Jobs Act, the U.S. Environmental Protection Agency (EPA) will be making significant investments in the health, equity, and resilience of American communities. With unprecedented funding to support our national infrastructure, EPA will improve people’s health and safety, help create good-paying jobs, and increase climate resilience throughout the country.   

The fact sheet highlights Brownfields Revitalization: 1.5 billion to scale up community-led brownfields revitalization. This means that blighted and polluted sites in communities across America will be assessed, cleaned up and made available for safe reuse, spurring job creation and economic opportunity in areas that need it most.

View the full fact sheet: https://www.epa.gov/newsreleases/fact-sheet-epa-bipartisan-infrastructure-law

Posted December 1, 2021

By Kendall M. St.Ange, ENVSP, Project Scientist of TRC Companies

EDITOR’S NOTE:  Mr. St.Ange is an Aspiring Professional from member company TRC.  He will be providing  a series of updates/blog posts related to Environmental Justice (EJ) in NJ: a hot topic as all of you know. Mr. St.Ange has observed that EJ requirements do not apply to LSRPs and remediation permits but also anticipates that questions and conflicts may arise despite that exemption. He has shared this post to “… add more value to the organization and encourage others to actively participate…”

On September 22, 2021, the New Jersey Department of Environmental Protection (NJDEP) Commissioner announced the issuance of Administrative Order (AO) No. 2021-25 to implement New Jersey’s Environmental Justice (EJ) Law. This order is effective immediately, and applicants seeking to site new major source facilities, renew major source permits or expand existing facilities with major source permits (e.g., Title V air permits) in overburdened communities are affected. There are more than 4.5 million people that live within 331 municipalities that are overburdened communities in the state of New Jersey.

The Administrative Order requires an enhanced public participation process that requires facilities to:

• Hold a public hearing meeting as determined by the Environmental Justice Law.
  
• To the extent consistent with applicable law, have a public comment period that is a minimum of sixty (60) days. If there is written request from members of the respective overburdened community, the public comment period may be extended by thirty (30) days to provide information related to “information regarding existing conditions within the overburdened community and potential facility-wide environmental and public health stressors that could result in adverse impacts upon the overburdened community were the regulated activity approved.”
  
• Respond to and address the concerns raised by individuals from the overburdened community during the public comment period, which may include the need to perform additional analysis as deemed necessary by the NJDEP.
  
• Solicit concerns from the overburdened community regarding environmental or public health stressors posed by the facility.
  
• Adhere to special conditions placed on permits approved by the NJDEP. Special conditions may be placed to avoid or minimize public health stressors to the maximum extent allowed by law.
  

NJDEP has the authority to reopen or further extend the public comment period on a case-by-case basis, as consistent with applicable law and statues.

Title V permit holders in overburdened communities in New Jersey must take steps to address new and multi-faceted environmental justice regulations and should do so in an effective manner to avoid business difficulties and manage public relations issues. This AO has the potential to significantly impact project schedules for new projects or facility expansions. Therefore, identifying EJ-related concerns during the planning phase is critical to a successful project and benefits both the business and the community.

Posted November 22, 2021

by Warren Kirshenbaum

After 10 years in business, the Cherrytree Group has been fortunate to have been able to grow to a level of strength and stability: recently surpassing $100 million in tax credits placed on behalf its clients. It’s a total team effort — but a key member of our team has been a young lady from Boston’s North Shore who has become a rising star not just at Cherrytree, but within the field of tax credit analysis and procurement nationwide. 

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Posted November 18, 2021

Gibbons P.C. shared with BCONE  its recent blog regarding the New York State Bar Association’s (NYSBA) endorsement of a proposed bill amending and extending the New York State Brownfield Cleanup Act.

BCONE is collaborating with the New York City Brownfield Partnership (NYCBP), the NYSBA,  and other interested organizations on this important topic. 

Please go here to read the Gibbons P.C. article in its entirety, including important links to the proposed bill and explanatory reports and detailed analysis.

A quick summary of the bill:

• Extends, from December 31, 2022 to December 31, 2032, the deadline for sites to be accepted into the Brownfield Cleanup Program (BCP) and qualify for tax credits. Additional time would also be provided for sites to obtain their Certificates of Completion (COCs), claim site preparation tax credits, and obtain tangible property credits after issuance of COCs.
• Expands the ability for sites in Potential Environmental Justice Areas and Brownfield Opportunity Areas to qualify for enhanced tax credits.
• Increases the incentives for renewable energy projects on BCP sites.
• Expands the effectiveness of the BCP in addressing soil vapor issues, including clarification of the types of soil vapor-related expenditures that qualify for tax credits.

Posted November 18, 2021

by BRS, Inc.

Built on the site of the former Harrison Avenue Landfill, the Cramer Hill Waterfront Park has everything!

• Amphitheater
  
• Fishing plaza
  
• Hiking/biking paths and trails
  
• Historic/educational signage
  
• Kayak launch
  
• Picnic area
  
• Playground
  
• Sensory garden
  
• Shoreline observation areas
  
• Summit vista with panoramic views of the Delaware River,
  
• Petty's Island, the Benjamin Franklin Bridge, and Philadelphia

In addition to the landfill closure and park construction, the project involved the restoration and creation of approximately seven acres of freshwater tidal wetlands; over 3,000 feet of bioengineered vegetative shoreline, including 450 feet of living shoreline in three areas along the back channel of the Delaware River; habitats for wildlife including endangered species; over 375,000 plantings; and a two-acre tidally fed fishing pond (which we heard has already yielded an impressive catch at the community opening event!). 

The opening of the park represents the completion of the cleanup and redevelopment of the former Harrison Avenue Landfill, a long-time municipal dump which closed in the early 1970s. It is the culmination of a decades-long effort to assess, remediate, plan, and construct a crown jewel of open space amenities and habitat restoration on what was once an open dumping area and longtime neighborhood eyesore. The Cramer Hill Waterfront Park joins the Salvation Army Ray and Joan Kroc Corps Community Center, sited on the eastern end of the former landfill.  The Kroc Center, opened in 2014, provides over 8,000 residents with educational, recreational, social service, fitness, art, worship, and early childhood care center amenities.

The effort included resources and technical assistance provided by the Camden Redevelopment Agency, the US Environmental Protection Agency, the New Jersey Economic Development Authority, with the heavy lift for cleanup and redevelopment conducted by the New Jersey Department of Environmental Protection’s Office of Natural Resource Restoration. Camden County will oversee maintenance and operations of the park while the Camden Community Partnership will offer a range of community programming.

For a virtual field trip video of the site, check out these videos from NJDEP and Upstream Alliance.

Images courtesy of NJDEP.

Posted November 15, 2021

By Joshua Burd in Real Estate NJ

A joint venture has broken ground in Paterson on a $26 million project that will bring affordable housing and space for a local nonprofit to the site of a historic mill building.

Located at Mill and Ellison streets, the development will include a new ground-up, four-story building with 68 apartments over structured parking, according to a news release. Plans also call for the restoration of the 19th-century Argus Mill property, which will house another six units, as well as programming and office space for the Grandparents Relatives Care Resource Center, or GRCRC, an agency that will provide supportive services to residents.

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Posted November 5, 2021

By Joshua Burd in Real Estate NJ

The state has approved its first two awards under the new Emerge program, prompting one observer to note that the Economic Development Authority is “open for business” more than two years after the lapse of the jobs-based Grow New Jersey tax incentive.

That may be true, but industry experts caution that New Jersey may not see a flurry of new applications under Emerge and, in turn, a spike in large office deals in the immediate months ahead. State officials agree, as they manage a program that was designed to be more discerning than its predecessor and address concerns about ballooning subsidies of the past.

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Posted November 5, 2021

On Friday September 17, 2021 Delaware Governor John Carney signed three unique bills all seeking to tackle different environmental issues, Senate Bills 2, 21, and Senate Substitute 1 for Senate Bill 24.

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Posted November 1, 2021

By Rick Miller,  Olean Times Herald (NY)

Mike John Painting Contractor Inc., is about to start one of the biggest brownfield cleanups in the city of Olean to make way for a new paint shop and administrative offices.

Company president Mike John Sr. plans to spend $9.6 million on the brownfield cleanup and construction of a 15,000-square-foot building.

The company, which has its headquarters, warehouse and paint shop at 291 Homer St., received a promise of tax breaks worth about $730,750 over 14 years from the Cattaraugus County Industrial Development Agency.

Under the agreement with the IDA, MJ Painting pledged to retain its 47 employees and create five new employee positions.

…

For the entire article, see

https://www.oleantimesherald.com/news/mj-painting-plans-to-start-franklin-street-brownfield-cleanup-next-month/article_a2e1620f-671d-5e37-a685-0dec9628288e.html

Posted October 13, 2021

By Rick Miller, Olean Times Herald (NY)

Mike John Painting Contractor Inc., is about to start one of the biggest brownfield cleanups in the city of Olean to make way for a new paint shop and administrative offices.

Company president Mike John Sr. plans to spend $9.6 million on the brownfield cleanup and construction of a 15,000-square-foot building.

The company, which has its headquarters, warehouse and paint shop at 291 Homer St., received a promise of tax breaks worth about $730,750 over 14 years from the Cattaraugus County Industrial Development Agency.

Under the agreement with the IDA, MJ Painting pledged to retain its 47 employees and create five new employee positions.

…

For the entire article, see

https://www.oleantimesherald.com/news/mj-painting-plans-to-start-franklin-street-brownfield-cleanup-next-month/article_a2e1620f-671d-5e37-a685-0dec9628288e.html

Posted October 11, 2021