1. AAI- require sampling of RECs that are identified as part of a Phase 1 and then require reporting to regulatory agencies. If there is a purchaser, they can qualify as a BFPP in exchange for the disclosure. If the deal falls thru, allow property owners who had no reason to know of the contamination to report and qualify as an innocent landowner with just continuing obligation responsibilities.

 

    

2. CERCLA Disclosure Obligations (separate from AAI since this would apply to sites with no imminent transactions)- EPA issue guidance clarifying that section 103(c)  applies to historical contamination without the current reportable quantity limitation.  By informal guidance or policy, EPA can announce a one-year amnesty period for existing property owners to disclose contamination they have learned about without incurring penalties for non-disclosure. Sort of like the EPA audit policy for environmental violations.    

 

3. Use Section 128 State Response Program Authority- EPA use this authority to require states to satisfy  minimum requirements for their voluntary cleanup programs including uniform reporting requirements across the country in exchange for being eligible for the federal enforcement deferral. We have delegated programs under RCRA, CWA and CAA that for the most part operate well. No reason that brownfield programs that operate the same way to promote consistency across the country.

 

Barry and I discussed have these ideas at Brownfield 2009. I believe we were able to reach some common ground on #3 and perhaps the circumstances when reporting of historical contamination might be appropriate with the vehicle and precise circumstances remaining to be fleshed out.