EP 1165-2-502
30 Sep 99
sites to determine whether further remediation is necessary, and implementation of clean up
activities if required. The ultimate use of the site is determined by the local community. There
may be instances where the intended future use of the site includes restoration of ecological
resources and maintenance of environmental benefits.
b. Brownfields. The Brownfields Cleanup and Redevelopment Initiatives's National Action
Agenda is an Administration endeavor intended to revitalize brownfield areas which are often in
economically depressed and urban areas. Brownfields are abandoned, idled, or under-utilized
industrial or commercial properties where expansion or redevelopment is complicated by real or
perceived environmental contamination. They do not qualify as Superfund toxic waste National
Priority sites because they do not pose as serious a public health risk to the community. (See ER
1165-2-132 for Civil Works HTRW guidance.) The agenda is designed to focus and give strategic
direction to Federal agencies to achieve National environmental goals along with redevelopment
that fosters increased property values, stimulates tax revenues, creates job opportunities and
revitalizes inner-city neighborhoods. The agenda establishes partnerships to focus Federal and
private sector resources on clean up and redevelopment of these sites. Federal agencies are to
partner in assisting in the assessment, remediation (as appropriate) and restoration of these
properties.
(1) The Corps has not been authorized or funded to address Brownfield redevelopment needs.
However, there may be opportunities for the Corps to contribute to Brownfields Cleanup and
Redevelopment Initiative goals where assessment and clean up are integral to solving water
resources problems related to Civil Works water resources mission areas and existing authorities.
For example, if the evaluation of a viable ecosystem restoration or flood damage reduction
alternative requires a preliminary Brownfield cleanup assessment, the assessment can be cost
shared as part of the feasibility study. Also, if the recommended ecosystem restoration or flood
damage reduction alternative requires cleanup of a Brownfield, the costs of cleanup required to
make the project functional may be cost shared according to the project purpose. There may also
be opportunities to participate on a reimbursable basis as Support for Others.
(2) Assessments during the feasibility phase help verify that hazardous substances on project
lands will not necessitate response action under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq), or treatment or disposal of
material classified as Resource Conservation and Recovery Act (RCRA) hazardous waste (42
U.S.C. 6901 et seq). If results from such assessments are determined by the EPA or the state to
meet either of these conditions, the general Corp policy is that Civil Works project funds are not to
be employed for HTRW-related activities. Corps participation in cost-shared clean up as part of
water resources development is limited to situations where such participation will not result in the
Corps being liable under CERCLA (42 U.S.C. 9607(a)), or require its involvement with RCRA
hazardous waste as defined in 42 U.S.C. 6903(a). Detailed guidance on HTRW consideration for
Civil Works projects is contained in ER 1165-2-132.
15. Regulatory Program and Ecosystem Restoration.
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