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So with those very brief, technical reminders. I think we're ready to get started.

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So at this point I'll ask our support staff to pull up the presentation material so they can take over screensharing, and I'm going to turn the floor to our very first speaker today Alexis I can see that you are on camera so i'm going to replace my face with your face and I will let you

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unmute and take the floor from here

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Alright. Thank you, Jean, thanks so much, and welcome everyone to today's Webinar.

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I see that we have about 160 or so folks on the line, and we are so appreciative that all of you took the time to join us today.

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My name is Alexis Rogers. You can see on the screen there I work at the Us.

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Environmental Protection Agency, and I' the superfund redevelopment program so that we're going to hear about today.

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But there are a lot of people at EPA involved in this program, and we're happy to introduce you to a few.

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Also some of our external partners that are going to talk with us later today, so we hope that whether you're a prospective purchaser, a state and local government partner or EPA site team member that's charged with managing the robust cleanup or community involvement

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processes that super fun uses, that you'll get some useful info and insights from those that have done this work out there in the real world.

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So that will let us turn to the next slide. Please, thanks, Lauren.

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Okay. So I will kick us off with a brief overview to the superfund redevelopment program.

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And then our speakers are gonna discuss the top 10 questions to ask when buying a superfic site, and there's a fact sheet that accompanies that as well as our web pages and also a new fact sheet on the services that we has been around for some time but the prospective

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Purchaser Inquiry, service, after that we've invited 2 of our developers, partners that that we've worked with in the past and that have been involved in super fun sites on a coalston from A/C power llc and Michael Goldstein of goldstein

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Environmental law, firm and Goldstein Kite, environmental and then I'll do a short wrap up.

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We'll have time for questions at the end of the presentation.

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They have a lot to tell you so I will try to be brief on this introductory part, and make sure that we get some time to answer your questions.

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So feel free, as Jean said, to enter your questions as in the chat box as they come, or in the Q.

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A box. I'm sorry as they come to your mind that way.

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They can kind of queue them up for everyone. I'll give the next slide, please

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Thank you. Okay. So just as a kind of a overview for everybody depending on you know folks that might be newer to superfund.

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We like to think about at EPA all the the contaminated properties that are out.

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There is kind of a solar system, and so there are different kinds.

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They are addressed by different regulations in different parts of EPA, and programs.

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We're here to talk today about super fun sites which you see are designated as a planet Earth.

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There, and that kind of scale that we have but just introduce you to a couple of the other kinds of things we have in our country, estimated around 400 people 1,000 to 600,000 brown fields to kind of a more kind of uncharacterized contaminated property, and then we have a

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bit underground storage tanks, the abandoned ones have been less than previous industrial uses.

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Around 200,000 in our country, and then of that we have 40,000 super fun sites, and that includes both sites that are remedial that are included on our national priorities list, and removal, sites which are usually happened on a shorter timeline and then we also have

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6,400 rico sites. If you're ever interested in looking at at the locations of most of these sites, there's a good resource that EPA has cleanups in my community and you can kind of get get a sense of what's out there and what's in

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your community, and in terms of superfund just wanted to highlight for everyone.

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Just a little bit of basic about the program because it is a unique program.

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And there are the kind of any considerations that we're going to be talking about later.

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Just want to give everyone that orientation EPA superfund program is responsible for cleaning up some of the nation's most contaminated land and responding to environmental emergencies and natural disasters and so that's also covered in that removal action that I talked about but what is a

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super bug site. Why does it get that designation that really comes from a piece of legislation called the comprehensive environmental response compensation and liability access circle you probably heard it was established in 1980 and that authorizes EPA to clean up

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contaminated sites, and requires the parties that are responsible for contamination to either perform the cleanups or reimburse the government.

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For EPA, Cleanup EPA led work, the determining liability is that, and always easy.

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We have one of our attorneys here that you'll be hearing from a little bit later, and we can attest to that.

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So in order to address the cases where as responsible party cannot be identified or could not cover the costs of the Cleanup.

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Congress has established its object fund that is now around 8.5 billion dollars, and that's what we that trust fund is kind of what we refer to as the super fund.

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And so just with that kind of quick background we can move on to the next slide, and just talk a little bit about the program. Thank you.

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So one thing that we're really fortunate to have in today the cleanup and it's and also integration of we sit back into kind of productive use is the super fun redevelopment.

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Program and so that's program is really initially designed to support EPA staff as they work with communities and other partners, in considering future use opportunities and integrating, reuse options that are appropriate into the cleanup process so starting early in in that process not waiting just until the site is ready

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to go, and right be cleaned up. We we really encourage site teams particular to be talking about, reuse as as early as possible, and so there are so many great examples you can see some of them pictured here of superfund site re use all over the country it is an amazing process and

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and set of projects and can result in jobs and has result in job housing new businesses.

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Municipal facilities, recreation resources for communities, wildlife, habitat.

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And there's so many different ways to reuse super fun sites.

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So for those of you that our work in the program you know that no site is is the same, and so there's also no one size, fiddle solution to determining what reuse type will be most appropriate.

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So it's really an opportunity to to be creative, which I think you'll hear more about later, and I I think that's one of the things that makes it really exciting so while EPA doesn't own the Sites or control local land use it's this work is also an

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Important part of of our mission, and it's important for the communities that we serve.

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We want to return these sites back to beneficial community use in a manner that is also protective of the remedy.

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All that investment that went into cleaning up the site.

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That's you know, first and foremost, keeping human health and keeping people safe in their communities.

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But we do have. As I said, a wide array of tools, resources, and supports for tribes, local governments, communities, and developers to use on these sites.

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You're gonna hear about some of them today and we'll encourage you to take a look at our our web pages as well.

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And just you know, learn and and read and see that the the case studies that are there and under the demonstration stories, the reuse possibilities are really endless.

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So next slide please

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And we cannot leave without kind of sharing. Some of are exciting.

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Return on investment information that we have. So you know, above all, we're EPA.

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Our mission is to protect public health and the environment, and so in terms of environmental returns, I think probably many of the folks on the line here know that Reusing brown Fields is a really important contribution to preserving green fields, so it's.

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Estimated that for every acre brown fields, you know, including super fun, sites, or other contaminated sites that are redeveloped or reused.

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You can protect 4, point 5 acres of green fields, so it has really important ecological benefits as well.

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Also again, as I mentioned, ensures the long term protectiveness of the room, and it's an opportunity to promote sustainable development, and for an EPA to collaborate with other offices and you know other external partners that are interested in green infrastructure promoting

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resiliency, developing, alternative or renewable energy resources for community as well in terms of economics.

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We're also really lucky that we get to develop both the regional and national levels.

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Economic statistics on how these cleanup dollars are really transferred into sales into property tax.

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Into, you know. Value on the ground until we have some great resources that we encourage you to to take a look at at our website and then also social equity.

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I mentioned the community involvement process earlier, and that is another amazing thing.

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I think about the circle of regulation that we really have a prescribed community involvement standard, and that is requires white communities to have a voice.

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In decisions. It gives us an opportunity to address issues in communities that have been historically underserved, or that might have invaluable justice concerns clearly having a super fun site.

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In your community could could indicate that potentially. And so it's it really helps us, you know, check a lot of the the boxes that are really important to us in terms of our values.

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Next. Slide. Please. Okay, so now, we're gonna get down to kind of the concrete that how to how to do it here's some of the top questions that get asked.

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And that you should be asking if you're thinking about buying a super fun site, or if you're in a site team that you should want to have the answers to kind of at the ready if you get questions like.

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This and we don't introduce a couple of my colleagues at EPA.

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That are. Gonna take us through next section first Bill Denman Bill Edmund is currently the chief of site assessment and the Remedy decisions Branch at headquarters and EPA in our super fun program.

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But for many years Bill worked in EPA southeast region region for based in Atlanta, Georgia, managing the cleanup of super fun, sites, and working with teams and communities to help super fun sites back to beneficial use after cleanup so he was one of the original authors of

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This back sheet in this service that we're gonna talk about today.

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So I'm lucky that to get to hear from him directly.

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We also have Matt Sander, who is also an EPA headquarters.

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He's a cleanup enforcement, eternity, and I'm sorry.

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Eternity, attorney, and he provides policy in case specific support to our program.

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And then we also have Casey like it, Snyder, and she's from EPA's region, 6 which covers Texas, New Mexico, Louisiana, Arkansas, and Oklahoma, as Well as 66, Tribal, Nations, and She's a Lot of experience working

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With communities and putting super fun sites back to beneficial reuse.

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So I think with that I will turn it over to Bill and take us through our first questions.

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Right. Well, thank you, Alexis, and thanks for the introduction I really appreciate that.

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And as Alexa said I was, I was there when we created this fact sheet and and a little bit of the history is, as she said, I was the redevelopment coordinator in our region for office in the southeast and as we all know, in 2,002 the brownfield amendments, were

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Passed and introduced the concept of bona fide perspective purchaser, and the fact that developers could now purchase property, knowing that there was a contamination present at the side and not be liable as a as a potentially responsible party or have a defense to that liability and so we started to see

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A real uptick in the in the amount of interest that people had in redeveloping the super fun sites.

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And so at the time I was working with a an attorney.

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There name is Cat West. If you guys have ever seen any past training classes that that I've done a lot of times, Kat and I did them jointly, and I was in our office one day and I said we were talking and we said gosh we're getting a lot of the

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Same questions, over and over again. You know we should, you know we should do something to to try to, you know preemptively answer some of these or you know they're probably questions that we're never that are never getting to us, and people are leaving you know before they know the answer to this and and you know they

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depending on who they call it EPA. They may get different different answers.

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So I had been up late the night before, and I've seen David David Letterman, and I said, You know what David Levin did a top 10 list last night, and wouldn't it be funny if we did like a top 10 questions to ask when buying a super fun site tech fact she did she

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Set that's a fantastic idea. And so, she recentered as she pulled out her her legal pad that she had nearby.

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She's we started writing questions and started saying, Okay, let's just you know, brainstorm.

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What kind of questions are we getting? What would people want to know?

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And the first one, you know was, why would somebody be interested in a super fun site, you know.

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Why would anybody want to purchase a super fun site?

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And of course, as you know, we all know any of us who deal in or don't deal with real estate at all.

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There's only 3 things that matter, and that's location, location and location right?

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And so in my experience, dealing with the redevelopment of sites.

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It's really the location and the the the characteristics of a piece of property that determine.

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You know who's interested in it, and how much interest there's in.

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And so you know that that's certainly a an advantage, you know, because you know a lot of the super fun.

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Sites are in really good locations. It's why they were used in the past, and why, you know they they they are either nearby.

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You know transportation corridors, you know roads, railroads, you know rivers things like that, or you know they have a particular characteristic.

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There may be near a connection to the grid, or something like that that would make them attractive for different types of redevelopment, and so you know, that was one of the the first questions that we that we wrote out and so the the second you know question.

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That we came up with is well, you know, if somebody was interested, how would they get information about a super phone side?

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And so for those of you on the on the on the call on the on in this training.

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If you're new to this, the most important thing to know is who the superfund redevelopment coordinator is in a region, and and we'll we'll have that information later in the presentation you can find it online as well that person a lot of times is a project manager like I was

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Like Casey is who you'll hear from in just a minute in their region, and so they work on sites as well.

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But they're also kind of the internal consultant, if you will, for redevelopment issues, and they can answer a lot of questions.

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Put you in touch with the right people. You know, facilitate calls or meetings to talk about things, and and get some of these issues issues resolved.

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And so you know another. The third question that I'm gonna talk about today is, Does the property have any restrictions, or can it be reused safely?

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Okay.

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And so when we were coming up with these questions we thought: Well, people have questions, and then people may have questions that they don't know.

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They should ask. And so these are the kind of things that we wanted to put out there and say, if you don't have this question yet, you're going to have it at some point in the future, and of course does the property have any restrictions and can it be reused, safely.

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Is a very or 2 very important parts of of a question, you know.

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So that's really what somebody's looking at as far as whether they can use it.

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And we have a great example we were. We were having a call one time with someone who wanted to use a piece of property for a nursery, and you know it was a old abandoned building had a big parking lot and so we talked to them a little bit or how do you operate your nursery well, you

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Know I grow. I'll grow plants and pots, and you know, when they get a certain size I sell them, and we said, Oh, that's great you know it's big parking lot there and you know it's in a good location, for your interested in doing this and so somebody asked well, how do you water

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The plants, and they said, Well, we you know we we sink a well, and we use that water for irrigation, and we said, Oh, you know that's going to be a problem here because the groundwater is the primary contempt area that we're focusing on is a big

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Groundwater, Cleanup site, and a lot of contamination.

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And so, until that contamination is cleaned up, which is, gonna be, you know, probably decades.

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You're not gonna be able to use the groundwater.

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And so they said, Oh, well, that's really important to us, we, you know, if we have to pay for municipal water, it just doesn't work out for us and and you saved us a lot of time pursuing this, and you know they moved on to another another piece, of property and and really

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We viewed that as a success, because we were able to communicate with them.

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You know the kind of restrictions that may be at aside.

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Sites may be, you know, limited to commercial industrial use, or they may be, you know, certain other restrictions or areas that you can build on, or you could only build a certain size building on or you know things like that and so that's an important question is to know you know what

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How the property can be used in a way that doesn't interfere with EPA's cleanup and of course that's very important for us as well as a new owner and so you know we we we really you know went through a lot of these questions, and tried to provide some some good

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Answers and direct them to resources, and yes, we were using this this fact, sheet, or or these questions to hand out to people my colleague, Matt Sander, who's going to join just after this to talk about him you know is in Headquarters, at the or is now as well as I am

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But was at the time, and he said, You know this.

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This would be really interesting and useful on a national level, you know.

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Let's see if we can issue this as a national back sheet, that that people can use.

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And so Matt was kind enough to take it into headquarters and work it through to be jointly issued by the EPA.

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Superfund program as well as the Enforcement group.

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And so it was. It was agreed upon, you know, by the by the programmatic folks like in the area that I work in, but also by our enforcement program.

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To say, These are, you know, defenses to liability and ways that sites can be put into productive use in a in a constructive way that's going to be put into productive use in a in a in a constructive way that's consistent with the law and and doesn't you

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know you know, can in ways that people can limit their liability as a responsible party.

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So with that I'm gonna turn it over to to Matt Sander, who, like me, has had a lot of experience with redevelopment, and particularly this fact sheet and its development, and now, it's great to see it and it's in its updated and second iteration so matt

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With that, Matt. I'll turn it over to you

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Thanks. Bill and Hello, everyone. I'm really happy.

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You're here, and I'm happy to be here.

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So you see here, is a it's really a critical question.

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Every interested party, and especially a purchaser, should ask before they buy a superfund site, and that is, how can I get protection from super from liability?

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If I buy or at least the contaminated property. This is a number 4, under a fact.

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She and it's extremely important. Most people don't understand that potential superfund liability risks and then need information about how to obtain liability.

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Protection. The great news is that a purchaser or Lesi will not be responsible for cleanup costs at a superfund site for computer they did not cause, but only if they achieve.

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A liability protection. The top 10 facts sheet Ton fact sheet explains this: to focus on the most common liability protection which is the super phone laws bonified perspective purchaser or bfp defense the bfp defense is a cell implementing liability protection

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And the fact she is going to explain how parties can go through a number of steps.

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But getting what we call the all appropriate inquiry process or AI.

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You may have heard of, which is a a due diligence process that's required as part of a Dfpp responsibility to achieve and establish their Bfpp status moving on top 10 question number 5 is would I be responsible for doing any cleanup if I purchase or lease

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A proper data to prefer fun site this is a question that again, like like cleanup costs.

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This is a question. Most perspective purchasers are going to want to know. Up front.

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Not only do they with. They are asking about? Do they have to pay for cleanup costs?

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Do I know if they have to perform clinic to clean up, and the fact she explains that generally a property owner or lessie with who's achieved Bfp status or some other federal protection that they're not going to be Responsible for ongoing or future cleanup

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Work. However, there's a catch to maintain their liability protection.

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A property owner, or or, let's see, they have to protect the cleanup work that's been done at the site, and they have to prevent or limit the spread of any contamination.

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From the site. So, for example, Bfpp is required to exercise appropriate care.

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Let's take a reasonable steps to stop any continuing releases, and to prevent any threatened future releases.

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So well. Yeah, each side is unique. That's unique, unique circumstances to deal with.

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The faxi does provide some general examples of what these reasonable steps may include.

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For example, I could include preventing public exposure by restricting property access.

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It could include maintaining the cleanup work that's been done to date and preventing the site conditions from getting worse.

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It could be assessing and limiting the spread of newly discovered.

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Contamination, or monitoring a lassie's conduct, and addressing any proper practices.

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But the bottom line is that a purchaser?

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Well, there, there are some affirmative obligations.

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They have to do to be responsible environmental stewards, their their obligations are not the same of what a potentially responsible party who has is liable for the contamination they're gonna have a different set of responsibilities that are gonna be more more, about what's what's down being a

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Good Environmental Steward versus stepping in the shoes.

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But I have a party

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So, but speaking of clean up work, a perspective purchaser can request to conduct part of the cleanup under EPA's oversight, and this is gonna lead me to our next question.

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Next slide. Please or do I do that? Oh, there you are!

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Thank you. So question. Number 6 is: Are there benefits to voluntarily agreeing to do some of the cleanup work in a site, and the top 10 fact sheet it acknowledges, this and you know it's goals to inform interested parties that generally EPA is supportive of purchasers, and

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Lessees doing cleanup work at that in many circumstances.

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And this is for we support this for a number of reasons.

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This, that this kind of work can accelerate it clean up.

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It can enable the help enable the property to which David's what we call reasonably anticipated future land use.

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It can facilitate the long term stewardship of the property.

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Certainly conserve Federal resources. If there's no responsible party who's of financial means to clean up the site and having purchasers do the work at the site if they want to can.

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Also support community goals. So we're we will work with a party who wants to do this kind of work.

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The key is to remember that any work that's going to be done by a purchaser.

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It used to be done under EPA oversight, and is subject to EPA approval and this is all you know on the side by side basis.

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So not every site's gonna be the right fit for this kind of idea.

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But generally we'd love to talk to purchasers who want to do work at superfund sites

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So moving along the question, number 7: how can EPA Ring impact the purchase of a slipper phone site property?

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And this is a really important question, because there are 2 types of lanes that are used under circle one's called a super fun blame, and that is kind of wind.

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Following the top. Send facts. Sheet recommends that interested parties begin discussions with EPA as early as possible to make sure they understand these lanes or potentially and this can help prevent any delays of the you know really serious about acquiring a property good news is

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Depending on the situation, EPA may be able to release or settle the links before or concurrently with a property acquisition, and transfer of a title

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I'll ask question. The alcohol is number 8, and then what information does it under need?

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And how can EPA help the great news is that the super phone law includes liability protections specifically for secured creditors, such as lenders that don't participate in the management of the property?

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But are simply holding a security interest in it. The top 10 fact sheet outlined Cpus willingness to work with purchasers and lenders and the site. Specific tools.

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These tools can help address a lenders, potential concerns about financing the purchase of a contaminated property, typically the kind of tool I'm talking about would be a a conference status letter from the agency and well, we'll talk about those a little bit more later in the

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Resource, section. The finally the fact sheet. It includes a link to the superfund program enforcement programs policy and guidance documents, database which includes a number of really key guidance documents you should you or your council should be aware of before pursuing

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The purpose of the contaminated property, and that includes documents that address the Lundre Liability protection that are available at superfund sites.

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So with that. Thank you all, and I'm coming hand it over to my colleague, Casey Locket, cider for questions.

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Number 9 and 10. Thank you.

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Thanks, Matt. First of all, I want to say welcome to everybody.

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We are all excited to have you join us? We're spend excited to hear from some of our some of our partners who have actually done this redevelopment work here in a few minutes thank you.

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For for your interest in reusing beneficially reusing and redeveloping superfund sites.

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I will say those of us at EPA who work on promoting and facilitating the beneficial future use of our superfund sites.

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We are fully and wholly committed to it. It's it's not just a it's not just something, we think is a good idea.

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It is critical to the work that we do at EPA so I want to thank you for your interest and I am going to close out the top 10 questions to ask when buying a super fun site, and then I'm going to launch, into a couple of the resources that we have that that you all might find helpful if you

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If you are a site. If you're working on an EPA site team, we hope that you will become a familiar with the resources we have to promote future use beneficial future use, and if you are interested if you're external to EPA and you are interested in super fun site.

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Redevelopment. These resources will be key for you so, but before we get to that, let's cover the last 2 questions in the top.

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10 questions to ask when buying a superfund sites site.

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Excuse me, or sites. If you want to buy more than one number 9, how can local governments assist in getting superfund sites back into reuse?

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You know the bottom line is local government support for the a specific.

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Beneficial reuse of a superfund site is critical.

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It is really important that that the local government be involved in the reuse discussion, and we certainly promote that early and often at EPA as a site project manager we work closely with our local governments throughout the clean up process throughout the discussion about future usage sites and then we also work closely with

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Our local government, so that they understand that actually special super fun, liability protections, Matt has covered some of those here over the last few slides, but there are actually special super fun, liability, protections that can apply to local governments.

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And we are. We work very closely with them, so that they understand what those protections are, and how they might apply, because we often find in the super fun, redevelopment world that it's the local government who's going to acquire a property kind of in between the current property owner or maybe it's the

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Responsible party. Maybe it's somebody else. They're gonna kind of the local government's gonna step in.

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They're gonna acquire that property and they're gonna they're gonna steward and shepherd forward the Reuse.

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They may not be the final property owner, but but they do play a key role typically in in getting that site into reuse and sometimes property equipment is is a part of that role, so if you are a local government in you're listening.

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In I certainly would encourage you to talk to your EPA site teams, and your superfund redevelopment.

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Coordinator. There's one in each EPA region.

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I'm in the downtown office in the region.

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6 kind of south central part of the country. So it's critical that we get Judy the information that was most helpful for you.

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As you're deciding about your role as a local government in in promoting and moving sites forward into beneficial use.

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The last question we have in the top 10 is, is kind of a catch.

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All, and it's I'm I'm excited to be able to to do it, because I'm getting to talk about all the resources that I use as a superfund redevelopment coordinator.

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And to help again promote and facilitate the beneficial reuse of superfund sites.

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So what support can EPA provide to help purchasers and lessees?

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I'm glad you asked next slide, please. So these are some of our most popular and useful support tools that we have.

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We have so much to offer, in the superfundry development program, and these are some of the things that that we do most often you heard Matt mentioned comfort letters earlier.

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Those are the Z. Are very common in the super fun world and in in super fun reuse world where a site team gets together with a site attorney and the project manager, the super Henry development Coordinator and we issue comfort letters to kind of answer a number of questions about a site Alexis a few minutes ago talked about

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The website and I see that there is a link to the superfund redevelopment website in the chat.

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I really encourage you to explore it. If you have some time we have all kinds of guidance on their handbook fact sheets.

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This fact sheet that we're talking about today is one of those, and it really starts that conversation and it starts lots of folks thinking about.

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What do we? What do we need to do if we are interested in, and even considering a future future land use for a super fun site in our community PPI service?

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PPI is the perspective purchaser, inquiry service that we've developed in the Server Henry Development Program I'm going to talk specifically about that here in a second but it's a service.

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That we offer to to make sure that that that folks who are interested in purchasing a property that's located within a superfund site, but they have the information they need to to to make a decision about that and and and whether or not they want to move forward liability protection.

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Something else that we talk about a lot in the superfundry development program.

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We have close partnerships with our super fun site attorneys, and with our attorneys and headquarters.

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You just heard from Matt. We talk a lot about liability protections about the bona fide perspective purchaser liability, protection, and how that?

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How that can apply for folks who who are interested in in purchasing a superfund site we want to make sure that nobody gets caught up in the super fun.

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Liability, chain, and so we spend a lot of time talking about liability, protections, and and what you need, what a perspective purchaser needs to do to avail themselves of those liability protections we have a very new tool that as soaks exciting and if you have a minute I would encourage you to

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Take a look at it, and maybe just explore the area where you are.

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If the super fun redevelopment mapper. We now have this mapping tool available, and it it maps all the super fun sites across the country.

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So you know type in your city, and we have created Poly a polygon layer, so that we kind of identify the aerial.

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Extent of all the superfund sites across the country, and then on top of that there is numerous data layers available both built in, and then you can add your own data layers to the to the mapper so that you can utilize it to look at all kinds of attributes

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And characteristics of the area and the land surrounding superfund site.

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So they again, as you are exploring the potential for redevelopment.

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If you need to know more about the community. If you need to know more about the economics, what kind of flood plane is it in?

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I mean you name it. This mapper will help you. This member will help you be able to to to hone in on that to the specific area in and around the superfund site.

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So it's a cool tool, and I encourage you.

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Explain it. We have lots of technical assistance that we offer to communities reuse planning.

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We use assessments, we we do work with communities, with local governments, with EPA site teams looking at institutional controls, and how those will fit into the remedy that we're selecting we do all kinds of things in the superfundry development program and i'm i'm

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Always excited to talk about the opportunities that we have to to provide our super fun site partners and stakeholders in exploring future use opportunities I did want to talk just a brief second about the PPI.

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Service. I think it's one of the one of the most important tools we offer in the redevelopment program.

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So next slide

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So this is kind of made it more formal now, and Bill Deadman, who spoke earlier, was the originator of this perspective purchaser inquiry service, and but we've now put it put it together and put it put it down on paper.

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And in a fact, sheet, and we were trying to do it very consistently across the country.

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All the super fun readevelopment, coordinators, and the really the purpose of this is so that we are getting the information site specific information out to a perspective purchaser before before he they purchased the property.

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You know, and it's Bill. He gave them the example, the nursery, and the conversation they had, and it sounded good.

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It sounded good, and then they said, Oh, and we're gonna need to use the groundwater.

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Okay, maybe it doesn't sound so good. But you know that's the key is the goal.

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For EPA is the answer questions about the site. So that whoever is interested in whoever's the perspective purchaser, and who has an Internet, purchasing the site is really making an informed business decision.

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And again our we really understand that real estate transactions happen, and on a different timeline.

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Then then then the work we typically do here at EPA, particularly in the superfund program, and so even more so than just getting the information we want to get it to a perspective purchaser in a timely manner right we know that's important as you all are are considering purchasing and moving forward with

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Contracts, and the transaction. So these are the basically the the overview of what we offer in the service.

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It can take the form of a meeting in person meeting it can often it takes the form of a used to be a phone call now it's like a virtual meeting.

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Right everybody's doing zoom and and and teams.

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So, but we get the site team together. So the Our.

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We'd really like to have the superfundry development Coordinator on this call.

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We'd like to have the site project manager. We'd like to have the site attorney, and we like to have the community involvement coordinator so that we can get all of these questions answered for the perspective purchaser again, with the goal of getting them the information that they need

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We talk about the site. What is the status? Where are we in the superfund process?

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If you're familiar with superfund, you know that there are several phases in the process, and it goes from essentially the remedial investigation.

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Where we're still trying to characterize and figure out what is what's what's going on at the site all the way to operation in the maintenance we've done the cleanup and the site is is in the operation and maintenance phase and and those this typically a lot

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Of years in between those ends of the super fun process.

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And so we want to make sure that it perspective, purchase, or knows where they where that site is because their potential use of the property can certainly be impacted by the work that the EPA and or responsible party may need may be needing to do on the site and then we talk about the compatibility of the

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Proposed reuse right. That's the most important thing.

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What do you want to do with the property? What do you vision for it?

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And is that compatible with either the remedy we've already implemented or or can we?

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Can we fit that into the remedy that we are considering.

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And as we move forward, what are the available super fun circle of liabilities, protections, again spend a lot of time talking about that it's very important that perspective purchasers are aware of those and that they take the steps necessary to avail themselves of those liability protection leans we talked about that

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In that's an important topic, and it got its own question in the super fun.

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Top 10 questions to ask when buying a superfund site.

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So we want to address that with any perspective purchasers, and then then we'd start talking about.

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What are the tools and support that we can offer through EPA to help help that purchaser move a site.

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From, you know, purchasing it into redevelopment, and so it's it's an exciting service to be a part of it, and it's in it's successful either way as Bill.

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Mentioned in his example of the nurse. This is a very sign of a very successful meeting with a perspective purchaser when they can make that informed business decision.

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So it's always something that we encourage folks to reach out to EPA the EPA site team, and the super fun redevelopment coordinator often and early so that we can have these conversations again before a purchaser buys a property and then kind of gets caught off guard about what they

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actually do so yeah, with that I am going to turn it back over to Alexis and Jean

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Right. Thank you, Casey. And that was a lot of information. So we're gonna stop for a quick pull click, knowledge check.

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But thank you so much. Bill Matt and Casey Jean. Go ahead

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Alright, thank you. So I'm about to launch a pop-up poll that a new window will now appear on your screen.

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We're going to pose a question to all of you.

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This first question, asks: generally speaking, super fun sites can be reused at what stage of the cleanup process you'll see 4 options to select.

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You can pick a pre-rod B post-road and rod stands for record of decision.

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I apologize. That was not spelled out, but that's what that acronym stands for.

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See option, Post construction, completion, or d any time.

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Now you'll simply click the circle to the left of the answer that you think is correct, and then hit the submit button on that pole window.

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You happen to be on a mobile device. Sometimes these polls don't immediately pop up.

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You'll need to look for 3 dots or a little menu drop-down that says more, and from there you can click and manually launch the polls.

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If for any reason, you're having problems with these polls, remember, you can always type your answer into the Q.

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And a that will still count. There is no penalty for a wrong answer.

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We're just trying to make sure that the information is relaying, and the presenters are double-checking.

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What you've picked up so far in the presentation.

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It does look like about two-thirds of you have voted, so I'll give you all just a few more seconds again.

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We'll close this pull out here in just a moment, and then we'll talk through those responses all right.

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We've gotten to about 3 over 4 of you having cast your votes, so I'm going to close that poll on 3, 2, one, and let's share those results.

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So it looks like about how of the audience selected D.

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Any time but the other half are really torn between post-rod or post-construction completion.

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So, Alexis, what answer were we looking for here

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Actually any time. So, J. Generally speaking, I'm really glad that we did this question so we could have the chance to kind of reinforce cause. It's important, for no matter what your role is that you're here with I think it's as long as the reuse is compatible with

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Cleanup and existing or future site restrictions, super funds can be reused at any stage.

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We? We have a lot of examples of sites that are not fully construction complete, but are being, you know, safely reuse, productively reused.

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As you know, Casey and others were mentioning this sooner that EPA knows about that proposed reuse of the property the better, because sometimes depending, on maybe if you are a pre record of decision pre-r you may be able to incorporate some of that that intended us.

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Into something called the reasonably anticipated future land use as a portion of that decision document and also maybe there are cost effective synergies between reuse and cleanup so early let us yeah, anytime is good early's even better.

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And you know. But I think yeah, with that we'll probably move on.

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But I'm glad that we asked that one thanks, Jean

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Alright, excellent, and just very quickly. I do see a number of questions, or coming into that Q. A.

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Yeah.

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Window, so I just wanted to let you all know. We see them.

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These are great questions. We will absolutely start addressing those later when we have our open Q.

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And a period for those of you that might be raising your hand.

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Remember we're gonna hold off and we're gonna start with electronic questions.

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So, if you have a question or a comment, please use that Q.

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And a window to submit it, and then we'll queue those up later on today. So, Alexis, I'll turn it back to you

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Okay. Thank you so much. Yeah, it's just my pleasure to introduce our next speaker, who is a developer, and her name is Annika Colston from A/C. Power.

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She's a president, and founder of A/C. Power and A/C.

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Power is an Impact Development company which specializes in repurposing contaminated land and other low value land into revenue, generating solar projects so focus on solar.

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I know that we had a lot of questions about that. So we're really thankful that she could join us so A/C Powers mission is twofold one to overcome barriers for development to bring as many solar projects to market as possible while maximizing the benefits to the community that have been historically most

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Impacted by the sites so you can see why we want you down to hear from her with a portfolio of over 24 projects in operation or underneath development and the pipeline of more than 250 megawatts A/C power as well, positioned

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To be the market leader in solar development on container sites.

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So we are very excited. Thank you. On a couple of joining us.

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Take it away

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Thank you now. Thank you so much, Alexis, and everybody at the EPA for inviting me to speak on one of my favorite sites.

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The hard but rewarding work, of developing solar on super fun sites, and when appropriate, taking title and acquiring the underlying asset so A/C power is currently developing several such projects, and I want to share some of those lessons learned i'm going to use A/C power

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Or we to represent the collective group of all stakeholders that are involved in our projects.

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A/C power, often access the facilitator. So we bring together the long term owners of solar assets, as well as the long term owner of the super fun site, and you know we are the coordinates so i'm first gonna launch into an overview of solar development.

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Okay.

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On a super fun site. And I think this fits well with the top 10 customers, the first one being the location location location that Bill mentioned, and so, when we're looking for a site the first thing we look as the super fun site identification doesn't make a good candidate for a

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Solar project, so separate of all of the distinguishing factors related to it being a super fun site.

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You want to make sure that it's a good solar site.

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So does it have the interconnect off. Take incentives permitting site conditions.

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The other characteristics that are important and in and of themselves are are difficult to, you know, it's difficult to find good solar sites in general let alone on superfund sites.

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So when we accomplish that step, we move into looking at the super fun site history, and so that was also mentioned by by I believe, Bill, and you know one of the things that we like about superfund sites is that they're well, characterized with a lot of information that's available about

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These these sites, and so we can go on to the EPA website and onto the superfund website.

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Find out who are the key? EPA people that are involved in the project, and what is the background about the site?

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And then we look to identify all of the stakeholders, and when you've identified all of the stakeholders identify like 3 more, and I can't say this enough.

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It's probably the most important initial step to project development, because there are more people that you think that are involved, or curious, or want to be involved in the site that you could ever imagine and so start locally very locally at the site go to the to the town go to the State go to the EPA.

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You know even the those that are involved for the solar project to just build some relationships, and start to feel out.

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Are there any red flags does this make a good contact?

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We've had several projects where we've just walked away.

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At this point because it wasn't the right time. And so it may be in the future.

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But this development of stakeholders and partnerships is so important to the overall project.

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So the next phase is really the where we launch into kind of a dual process.

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We're looking at the Solar Project development and then separately.

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Number 5, looking at the superfund site assessment, and so if we are looking especially to taking title, that Number 5 is, you know, critical.

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And so the first step on set 4. We are looking at the Solar Project Development process, budget, timeline, economics.

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What's going to make this solar project work, and how long is that expected?

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What are the variables? Milestones in the Solar Project Development?

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Because we're gonna wanna match that up to our superfund site, timeline, because these projects take a lot longer than is anticipated.

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And so then we can get to a go? Now go. Decision.

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This is project makes sense, or the stakeholders engaged do you know what are the the challenges that will need to be overcome?

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Do we have a path for overcoming them? Do we have else wiggle room for New challenges that are going to be discovered through the process?

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And assuming that we move forward, we go ahead with our solar development tasks.

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The then executing various contract documents which depend on each site, and I'm gonna go into an example, so I can talk about some of those and then I can't see on my screen.

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But maybe somebody else can. I have number 9 is the closing construction, and then the ongoing O Andm.

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So that there's a lot. There, but you're just kind of wrapping that up and focusing really on this pre-development tasks, so we can look at the next slide

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Okay. So this is just a case study for one of several projects that we have under development this is at the global landfill, in Old Bridge, New Jersey, and I have a really simple and helioscope photo of a screen screen shot desktop image of what the solar site.

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Could look like, and I really just put it there to zoom it out and show you that this layer fill is butts up against the Cheesecake State Park in New Jersey, that's to the south and you know west.

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And east, and then north of it. There are several housing communities that are living right there, and so we identified this site way back in 2,017.

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I'm giving. That is just an idea of how long these projects can take to develop.

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We actually started solar development and probably 2,019.

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So there was a lot of start and stop our initial intent was to develop up to 4 Megawatt Solar project on the plateau.

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So just basically on the flat top of it.

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And so that was our step one we looked into it. It looked like a great solar candidate site.

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We had inner connection nearby, we the state of New Jersey, is supportive of solar on landfill, so we thought it was a worth exploring more so we moved into the site.

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Characterization. This was obviously a very lengthy process. I put a couple of sentences here just to give an idea.

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The background of site it was a solid, waste landfill.

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For 20 years in 1984. There was a significant slope.

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Failure, and during that investigation they identified 63 varied drums and the site was placed on the national priorities list.

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A group of potentially responsible parties were identified, and in 1,991, a record of decision was issued.

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So there's you know, from 1,984 to 1,991 quite a bit of work happening with the EPA, and then remediation is completed in 2,012 so again.

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That took another, you know, 20 years, so when we went to the stakeholders process this product, this site does have a very active Prp group, and so we immediately had to develop a relationship with them.

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We reached out to the EPA and to the new Jersey Department of Environmental Protection.

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Dp. Is the lead coordinator for the site.

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So they've taken the lead with us, but we continue to work with the EPA, and then quite a lot of interaction with old bridge township, which I go into a little bit more detail.

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And then the new Jersey Board of Public Utilities, as it relates to the solar project.

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They're also within the old bridge township with the community.

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So in number 4 is we advanced on the solar track.

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We submitted for the New Jersey Community solar pilot program year 2, and we were awarded at 2.8 Megawatt project, so slightly smaller than we initially identified, but the economics, were attractive, and all the assumptions that we had made in the previous 2 years held and

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We decided to proceed. We retained outside legal council and put together team of experts to help evaluate the site risks and liabilities to go through.

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You know, the various steps that the EPA has has talked about here.

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We identify long term owners of both the Solar project and the superfund.

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Site. So we have completed the most of the development tasks.

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By the end of December we expect to be to have the development tasks fully complete, and at that point we will also be able to move forward with the acquisition of the super fun site.

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We will have. We will be doing construction for most of 2,023, or at least you know, host width terms of between March and November, and that is let that schedule is partly due, to the interconnection, requirements and driven by the local

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Utility. Not that it takes necessarily you build a solar project, but in our supply chain and current market that it's taking about 9 months, so I just highlight a couple of the overarching challenges that needed to be addressed at the site because I don't think this slide.

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Captures really, how much effort has gone into it, and that effort is really my all parties.

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The Prp group, the township, all of the Ag.

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Power, staff, consultants, engineers, legal Council. It has been a large effort.

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One of the biggest big issues was access to the site. We find access to be a recurring issue like legal access title data app access to these old sites comes up time and time again for us so we believe that checking title is one of the most important things early on with the process but we were

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Able to to resolve that access issue after several months and perseverance, and the second big issue, that had to be overcome with property taxes.

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There were decades of proper property, taxes on the books that had not been paid and were never going to be paid unless the site was redeveloped, and that is primarily that is a 100% due to fact.

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There was no active owner, so there was no clear title to the site, so whereas it had a Prp group it has an active remedy.

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The super fun side is being managed. There is nobody who is who is owning and responsible for the actual site, and so in order to develop a solar project and address the property taxes, there had to be a a change of ownership for somebody to step in and take title and ultimately become

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The owner of a side in the landlord to the solar facility.

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So the property taxes were addressed with old rich township and a financial agreement, and and pilot agreement was developed, so that future taxes could be paid at the site, so that's one of the many benefits that came about as the project the last thing i'll.

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Note: here is the relationship with the Prp group, that is, I just cannot be under here understated because we are developed entering into a 25 and 35 year partnership, and we recognize that the most important consideration of the site.

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Is the remedy, and that we always want to ensure that the remedy is in place, and being preserved, and that human health is that the forefront so the solar project is there to complement the remedy and I think developing that trust and those contracts takes a lot of

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Time and effort, and you know we're grateful for their interest and willingness to develop those agreements in that relationship.

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So I will close out with just my last slide, which is my mantra.

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Getting through this, and that is the Cpc. P.

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Which is collaboration, patients, creativity and perseverance.

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We have to repeat the self this to ourselves all the time.

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These are projects that take quite a bit of time, but they are so rewarding, and I loved hearing the the statement.

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I think it was, you know, for every one acre that's reused.

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We are preserving 4 and a half acres of green field space.

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That is why we do this, because these sites make excellent candidates for solar projects.

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They just require a lot of a of coordination and effort.

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So happy to answer, answer any questions, or follow up offline separately.

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But thank you again. Hope to work with many of you

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Thank you, Monica come on alright. Great thank you so much.

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Thank you for doing that kind of breakdown of just the process, and all the considerations.

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And you know everything that that goes into it. I think those really helpful for everyone to have.

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I'm looking at the time and I'm wondering.

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Gene. Should we do our quick poll question, or should we turn it over a lot of questions

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Hi, yeah, I know we do have a lot of questions, so I think we'll probably skip this one so that we can get on to our next guest speaker.

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Yeah, okay, that sounds good. Okay. And our next guest speaker thing.

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Team is Michael Goldstein, Michael Goldstein is is another developer partner of EPA is a lawyer actually, he's a managing shareholder, of the gold Stein environmental law firm. He's President.

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Of Gretch Goldstein Brownfield's Foundation, president of Goldstein, Brownfield's Group, Co.

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CEO, of Goldstein Kite environmental, redevelopment, partners, former chairman of the Miami-dade County, Brownfield's Task Force and a founder Charter member and the first President and Chairman, of the Florida Brownfields, Association, So he knows is

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Brownfield, and he's an original member of the steering committee of the National Brownfields Coalition and Chair of the Public Policy Regulatory Incentives and Regulatory Partnership Committee.

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So he was actually involved in the negotiation and enactment of Florida's brown fields, redevelopment act in and is designated over 120 Brownfield areas throughout the state of Florida, in 2,013 Michael was awarded the

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Brownfield's leadership award at the National Brownfield Conference, by EPA, by the National Association of Local Government, Environmental Professionals for Achievement in and commitment to public private partnerships, and also the crystal is award by the florida

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Brownfields Association at its annual Brownfield Conference for outstanding efforts towards Cleanup and redevelopment of Brownfield properties, including educating and we're lucky, to have and as a friend as educating the public and elected

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Officials about the brown field Pro program and providing volunteer assistance to Florida communities advancing legislation that promotes Brownfields, and then finally in 2,000, and 19 Michael was recognized by the southeast Brownfield Conference, by receiving the Environmental Justice

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Champion award. So I know what Michael will share with us is a lot of experience, and also highlight.

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Some of the EPA resources and tools that that might help folks along the way. So thank you, Michael.

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Alexis, thank you so much I'm thrilled to be here.

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Thank you for inviting me I'm thrilled to have the opportunity to provide some insight into our particular experience, and hope that it will inspire others on the call and watching after the fact to have the confidence and superfund redevelopment program and the people who manage the program that we

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Have my goal within a very brief window is to make the business case for superfund redevelopment, and discuss some of the concrete steps.

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We are taking to execute. I wear 2 hands, as Alexis indicated

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I've been in the environmental lawyer for 30 years doing environmental lawyer type stuff almost exclusively in the contamination space and contaminated site cleanup space.

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But I'm also a principal of a redevelopment venture.

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Called Goldstein Kite environment, where we are doing the work of buying, remediating, and redeveloping brown field sites and super fun sites and it's in this second capacity that all mostly be speaking, of as we get into my presentation.

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I want to focus first on the title super fun, Redevelopment in 2,022 a post super fun, investment Environment, and that title was selected for a very specific reason, as I think we all have heard over the last. Hour.

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Or so EPA and its staff have essentially drained out most of the risk, and they guess work from super fun, redevelopment.

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And so for those who are looking to invest their resources and resources of third parties, whether it's dead or equity.

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There's a a normalization here. What historically has been.

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A pretty risky undertaking, and and and it's almost as if the the the the the superfund element of super fun, redevelopment.

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It has fallen away, and what we're looking at and dealing with is a a challenging redevelopment.

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Environment. To be sure, but not one that is hands off, not one that's disqualified simply by carrying the superfund status. Let's go to the next slide, please

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The mission of Goldstein kind of environmental is to identify, acquire, and reposition environmentally contaminated real estate for beneficial reuse.

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In order to take advantage of undervalued opportunity, and deliver superior returns to investors and principles.

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This approach enhances and diversifies the portfolios of our partners while making socially responsible investments that restore the environment, protect public health revitalized local communities, promote climate students and create equity for historic and marginalized communities.

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This is the classic doing good while doing well, model with a slightly higher degree of difficulty.

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Let's go to the next, but before you can do good and do well and a super fun context you have to convince investors that they undertaking is financially set and of, the many things that EPA.

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And it's super fun, redevelopment staff have done exceedingly well.

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It's to mine, the economic data. We had a little about this early in the presentation that makes the business case for investing in super fun sites.

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Apa has detailed economic analyses and reports at the national level and at the regional level in all of the EPA regions.

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This first slide that I have up provides just a a brief window into snapshot into the national, economic, analytical summary that EPA has put together.

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And if you look at the right side of the screen, what becomes apparent is that beginning in 2,011 and going all the way through 2,021 the metric get better every single year more sites in reuse more businesses on superfund sites annual sales on super fun sites increasing from

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10, point 6,000,000,010 years ago to 65.8 billion.

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That's an incredible increase. And then we also see a similar increase in the number of jobs and the annual employment income.

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Let's go to the next slide, please. The next slide looks at the economic indicators on a regional basis.

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When we started our venture to acquire Brownfield sites in super fun, sites, and record sites.

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We were looking initially at the EPA region, 4 States, and so the analysis that EPA put together on a regional basis for the southeast. Us.

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Resonated for us, and resonated for our investors, and as you can see here from the pages I included in this in this slide the indicators are absolutely incredible, and demonstrate that investment and super funding development is a sound investment that provides a very meaningful and

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Predictable return on investment. So let's go to the next slide

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We were able to take the metrics and the analysis that EPA generated nationally and regionally, and go to go out to market to our investor group and to others who historically haven't invested with us but we're more interested and create a model that we feel will generate

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Between 750 million to a 1 billion dollars in private sector funding for this type of of redevelopment activity.

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You can see on the right side of the slot that we are looking to assemble at very broad portfolio of contaminated sites, 35% of which will be brownfield sites 25% petroleum 20% super fun.

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And then 10% Rickra and 10%, other including coal fire, coal, fired power plants that are closing down over the next 3 years.

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We intend to ramp up from looking at hundreds impacted sites per quarter to put under contract to 150 sites per quarter, and the third year, and then closing on 10 sites in the first year ultimately closing in 20 sites on the third year this model takes Us.

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Out actually 7 years, or modeling between 2 to 4 years from acquisition to renew and projected internal rate of return to our investors of 25 to 30%.

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Let's go to the next slide, please.

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There are 6 essential building blocks that we use from super funds from the super fun redevelopment program to that any single opportunity, and to give ourselves confidence and no investors confidence.

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That any single investment will work out at the end of the day.

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We start with being guidance for for preparing super fun ready for reuse determinations.

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We then proceed through the pros prospective purchase, or inquiry service.

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We rely heavily on those meetings. Those are the the the best consultants that you will never spend money on from a planning perspective, an environmental technical perspective, a legal perspective, and a regulatory perspective, and once we get our arms around what's happening on the ground and where the site is

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01:09:56.000 --> 01:10:12.000
headed from a regulatory technical perspective. We then dive into the liability management tools that Matt and some of its customers spoke to earlier the the the box in in this slide on the right side of the screen.

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Is a snip from EPA's liability, resources, homepage.

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There are a number of resources that are available. I've checked 3 out of the 5 that we tend to rely on very heavily with respect to every single deal that we're looking at.

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That has potential exposure to federal environmental liability, comfort, status, letters, perspective, purchase or work, agreements and perspective purchase or less.

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He work agreements, and then the bona fide perspective purchased our work agreement.

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Let's go to the next slide, please.

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And then the third, the fourth, fifth, and sixth building block to perfect our deal structure and ensure the integrity of our investors.

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Money. We go through this revitalization Handbook, which is our Bible.

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I say that as the CEO of the Development Company as an as an environmental lawyer, we keep this very close to close at hand and close to our hearts, because it's the perfect checklist for running down exposure to Federal environmental liability and then putting together

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Viable and lasting, environmental liability means when strategies there is a what's called a look first up approach to environmental enforcement liability policy that a lot of our sellers I'll talk about that in a second relying heavily which we in turn rely on in order

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To get into contract with our sellers. Sellers typically want to be able to put sites in their rear view mirrors once they close the deal, and in order to do that they need to make sure that EPA is going to look to a buyer first and not back to the seller, and then finally if

488
01:11:55.000 --> 01:12:02.000
All else said: If all else fails, we rely heavily on environmental insurance let's go to the next slide.

489
01:12:02.000 --> 01:12:24.000
There's a a a, a another element, a second dimension to our venture, and that is not just providing returns to our investors, but providing returns to the communities and which we work which are heavily going to be happen, and will continue to be environmental justice communities we have an affiliation with a

490
01:12:24.000 --> 01:12:42.000
5, O, one, c, 3 entity called the Goldstein Brownfields Foundation, and all intention is to take a percentage of the profit from every investment we make through the fund allocate that to the foundation and then the foundation in turn will invest in the communities in which

491
01:12:42.000 --> 01:13:00.000
we're generating returns for our investors and specifically what we will be doing is, we will be providing a grants to not for profit groups focusing on environmental restoration public health, protection, climate stewardship and affordable housing options will be establishing scholarships for

492
01:13:00.000 --> 01:13:04.000
Undergraduate and graduate students interested in the green economy.

493
01:13:04.000 --> 01:13:17.000
We will be providing startup capital and micro loans to local businesses, and not for profits, we'll be providing seed funding to conduct Wang use research analysis, and community engagement we're going to support.

494
01:13:17.000 --> 01:13:27.000
Workforce training. We're also going to finance independent consultants and toxicologists for environmental justice, stakeholders, so they don't have to rely on what we're telling them.

495
01:13:27.000 --> 01:13:31.000
They'll have their own voice. Let's go to the next slide, please.

496
01:13:31.000 --> 01:13:46.000
This is a continuation of our during meaningful cultural, and institutional investment and equity for community stakeholders and environmental justice communities.

497
01:13:46.000 --> 01:13:57.000
There are 3 resources in particular that EPA has I created and disseminated in the super fun space that speak to community engagement and environmental justice.

498
01:13:57.000 --> 01:14:01.000
We have absorbed the teachings of these resources, and we recommend them as well to those who are listening.

499
01:14:01.000 --> 01:14:11.000
Now and after the fact online let's go to the next slide.

500
01:14:11.000 --> 01:14:20.000
The previous slide spoke to, or or identified. Some of the guidance, documents, and planning resources that are available.

501
01:14:20.000 --> 01:14:43.000
They don't have the force of Mobile. However, there are certain policies and liability management mechanisms that EPA has at its disposal that developers like Gpe and others need to take advantage of in order to access federal liability protection some of which including the one I have here, up

502
01:14:43.000 --> 01:14:56.000
On the screen, now incorporate a very specific community involvement component, and that's something that works tracking and will be part of our super fun. Initiative.

503
01:14:56.000 --> 01:15:04.000
As we go into communities all across the country. The program that we are rolling out is not just a region for program which is where we started.

504
01:15:04.000 --> 01:15:13.000
We intend to be in every single region across the community across the country, rather let's go to the next slide, please.

505
01:15:13.000 --> 01:15:20.000
A couple of quick case studies, 2 sites that we have under negotiation very exciting, both in region. 4.

506
01:15:20.000 --> 01:15:24.000
This first site is off a waterfront site.

507
01:15:24.000 --> 01:15:29.000
Part of it lends itself to a public park which we hope to make happen.

508
01:15:29.000 --> 01:15:33.000
It's between a 150 acres. This is a great candidate for multiple uses.

509
01:15:33.000 --> 01:15:50.000
A lot of creativity. In addition to the public park component we think that there's solid infrastructure and strong market conditions for industrial logistical retail and promotional uses we intend to pursue all of it the seller was a fortune 500 company

510
01:15:50.000 --> 01:15:55.000
They have a very sophisticated, environmental and real estate team which makes our job easy.

511
01:15:55.000 --> 01:15:59.000
They do have significant anxiety and different. The requirement.

512
01:15:59.000 --> 01:16:10.000
A significant demonstration of capacity. The key attributes of this site for us involves a ready for reuse determination in place.

513
01:16:10.000 --> 01:16:17.000
It really spectacular perspective, purchaser inquiry meeting with EPA strong Rpm.

514
01:16:17.000 --> 01:16:28.000
Support, legal support, super fun, redevelopment program, support and Brownfield's program support and then we are this site also features what I call Ltg remediation Status.

515
01:16:28.000 --> 01:16:33.000
All lights turning green well, we just happen to be getting into this site.

516
01:16:33.000 --> 01:16:38.000
The tail end of the cleanup and it's not very redevelopment friendly.

517
01:16:38.000 --> 01:16:44.000
There are significant opportunities here for safe deployment of investor, capital, and principal equity.

518
01:16:44.000 --> 01:17:00.000
Financing, economic return to investors sparking near offsite redevelopment creating publicly available open space access to waterfront and like racial amenities, including public health benefits.

519
01:17:00.000 --> 01:17:12.000
On the cellar side. I mentioned this earlier. The key seller saw it keep the key seller concern is not only whom they're dealing with, but ensuring that the buyer gets us we'll get the first look from EPA.

520
01:17:12.000 --> 01:17:15.000
If things go south on our end, our key concerns the ability to access the state.

521
01:17:15.000 --> 01:17:26.000
Brownfield programs incentives, notwithstanding, and eligibility, exclusion and State law for super fun sites.

522
01:17:26.000 --> 01:17:30.000
Unfortunately, right now in this particular state, there is no ability to tap into State incentives for super fun sites.

523
01:17:30.000 --> 01:17:35.000
We're hoping to overcome that one way.

524
01:17:35.000 --> 01:17:42.000
We're doing that is, through environmental insurance and other economic incentive programs like New market tax credits.

525
01:17:42.000 --> 01:17:48.000
I see that I'm a little over my time. I'm gonna race through these last 2 slides very quickly.

526
01:17:48.000 --> 01:17:53.000
The second site under negotiation is another superfund site in region for we like it very much.

527
01:17:53.000 --> 01:18:00.000
Normally because it's in a university setting gives us an opportunity to collaborate with university stakeholders, but it's approximate to an Ej.

528
01:18:00.000 --> 01:18:09.000
Community. And we're looking forward to investing in that community that has very strong leadership.

529
01:18:09.000 --> 01:18:16.000
And then finally some lessons learned. Nika talked about this in her presentation, patience and persistence.

530
01:18:16.000 --> 01:18:22.000
Job number one. These are very complex transactions that take time and minutes of resources to come together.

531
01:18:22.000 --> 01:18:26.000
These projects are doable, but they're not for the fain of heart.

532
01:18:26.000 --> 01:18:33.000
The biggest lesson lawn that we had a feeling would be the case going in because of our experience on the environmental legal side.

533
01:18:33.000 --> 01:18:40.000
For 30 years, lean heavily on EPA and into Ep resources.

534
01:18:40.000 --> 01:18:58.000
Staff is deeply qualified, intensely committed from the regional level to the headquarters and across programs and they will bring to the table pre-existing ties and insight to the community that can not be duplicated elsewhere also the superfund re development program is already put into

535
01:18:58.000 --> 01:19:17.000
Place the building blogs. I mentioned 6 of them that we were lying on that one will need to properly plan design engineer and permit your reuse and evaluate and develop financial models fix and manage exposure to federal environmental liability such as some of the ones that I mentioned and and

536
01:19:17.000 --> 01:19:30.000
Some others here on the slide. Make sure you understand, and use them environmental insurance is a great best management practice for supplementing protection from environmental legal liability, exposure.

537
01:19:30.000 --> 01:19:40.000
Keep in mind that sellers are demanding partners and will challenge you to demonstrate expertise, experience, capacity, and patience.

538
01:19:40.000 --> 01:19:47.000
Finally with the right vision ownership team project team, financial model and liability management plan.

539
01:19:47.000 --> 01:20:04.000
The market will react favorably, and equity and debt will be available, and there are plenty of opportunities and avenues to do good while you're doing well in the super fun, redevelopment, context, our model is not the only momable we think it's a good model and we're excited.

540
01:20:04.000 --> 01:20:14.000
About continuing to partner with EPA, and it's staff and communities across the country. Thank you.

541
01:20:14.000 --> 01:20:28.000
Thank you, Michael, thank you so much. I I don't think I can have any words to express how helpful all that perspective is, and and just breaking it down as well and hold it all your experiences I will be. Really brief.

542
01:20:28.000 --> 01:20:32.000
I hope we can get in. Maybe one question, maybe not Gene.

543
01:20:32.000 --> 01:20:33.000
But again, we'll put this link in the chat for everybody.

544
01:20:33.000 --> 01:20:40.000
First point of contact. As Michael said, you know we on us. We're here.

545
01:20:40.000 --> 01:20:45.000
This is our job. So feel free to reach out in your region and and just get the conversation started with the superfund redevelopment.

546
01:20:45.000 --> 01:20:57.000
The site team. All that information is available online so go ahead and reach out you want to go to the next slide.

547
01:20:57.000 --> 01:21:05.000
Please, and in terms of staying in touch with us, we have a mailing list that I think I see a link that was just sent to everyone.

548
01:21:05.000 --> 01:21:14.000
So please sign up for our mailing list. We won't send you too much, but we will make sure that you get invitations to future events like this, especially for we're gonna be in person at as some of the larger development oriented conferences.

549
01:21:14.000 --> 01:21:23.000
We want you to know about it. We have resources that are really could be helpful to your work.

550
01:21:23.000 --> 01:21:28.000
We want to share those as well, and I will thank everyone for for the time.

551
01:21:28.000 --> 01:21:30.000
I don't know genius.

552
01:21:30.000 --> 01:21:35.000
Sure. So we're gonna try to get through what we can in the time that we have remaining.

553
01:21:35.000 --> 01:21:36.000
Okay.

554
01:21:36.000 --> 01:21:42.000
So I'll ask my speakers to go ahead to all come back on camera, because we may be shooting questions at you very rapidly.

555
01:21:42.000 --> 01:21:45.000
Here to see how much time we have, and for the live audience.

556
01:21:45.000 --> 01:21:53.000
If you can stay with us I'll try to run just a few minutes past our scheduled end time of 2 30 to try to fit in a couple of more questions today.

557
01:21:53.000 --> 01:22:01.000
So? This very first question is a pretty simple one, but I want to start with this one, because it's such a core concept.

558
01:22:01.000 --> 01:22:06.000
Are you able to facilitate redevelopment before the remediation is complete?

559
01:22:06.000 --> 01:22:12.000
And I know we said earlier that was one of our poll questions that you can build this into any point in the process, but they go on.

560
01:22:12.000 --> 01:22:23.000
To ask, Do you plan redevelopment around the need for future monitoring and characterization work that you might do at a super

561
01:22:23.000 --> 01:22:24.000
Alexis, can you help direct that one

562
01:22:24.000 --> 01:22:25.000
Yeah, sure. I mean I I think probably I can answer the shortest, because I've been doing this the shortest time.

563
01:22:25.000 --> 01:22:48.000
So in the interstate time. Yeah, I think that that's that's part of it in terms of getting in there early and being able to kind of be aware of the remedy design and the decisions that are being made and you know where it makes sense and where it's safe to be able

564
01:22:48.000 --> 01:22:54.000
to to kind of contribute to that decision making. If anyone wants to add, please feel free

565
01:22:54.000 --> 01:22:57.000
I just spoke at length, but I'd like to jump in really quickly.

566
01:22:57.000 --> 01:23:03.000
I mentioned that the perspective purchaser inquiry meeting is the best and most talented set of consultants.

567
01:23:03.000 --> 01:23:06.000
You'll never have to pay for. It's in that meeting.

568
01:23:06.000 --> 01:23:18.000
Specifically where you will sit down with EPA staff and deconstruct what you intend to build, and staff will literally walk you through the storm water issues.

569
01:23:18.000 --> 01:23:19.000
The soil management issues the remedy in integrity.

570
01:23:19.000 --> 01:23:40.000
Management issues, so that you're redevelopment is integrated and aligned with the specifics of the rod, and how it's been implemented, and how it will continue to be implemented going forward.

571
01:23:40.000 --> 01:24:00.000
Alright, excellent. We did have a comments or for potential future topic about recre sites, and if there's going to be specific topics where you might focus where we have osre OS ready and obr put together a similar presentation but just focus on recrecytes and Alexis I don't know if that's

572
01:24:00.000 --> 01:24:01.000
We'll pass that along to our record colleagues. Yeah, thanks.

573
01:24:01.000 --> 01:24:20.000
something possibly in the works okay, alright, beautiful, alright, our next question here, when using the perspective, purchase or inquiry service, will the current property owner be aware of that inquiry? And are there any fees associated with using the surface

574
01:24:20.000 --> 01:24:22.000
Casey. Look ready.

575
01:24:22.000 --> 01:24:23.000
Sure, so first of all. No, it is completely free to everybody.

576
01:24:23.000 --> 01:24:25.000
And thank you to Michael again for plugging it.

577
01:24:25.000 --> 01:24:36.000
It's it's one of the most beneficial resources, I think, to perspective purchasers and and he's right.

578
01:24:36.000 --> 01:24:41.000
We are the experts on the site. We and we are wanting to share all the information and knowledge that we have.

579
01:24:41.000 --> 01:24:45.000
What was the first part of the question? Answered the second person.

580
01:24:45.000 --> 01:24:46.000
First.

581
01:24:46.000 --> 01:24:49.000
They wanted to know if the if the party would know about the inquiry

582
01:24:49.000 --> 01:24:54.000
Okay. So, as you know, Ebay is not typically the landowner.

583
01:24:54.000 --> 01:24:59.000
That that really depends on on on the situation. So we do perspective, purchase or inquiry calls that involve all parties, including the landowner.

584
01:24:59.000 --> 01:25:07.000
Sometimes we do them with just the perspective purchaser.

585
01:25:07.000 --> 01:25:09.000
Clearly everybody has a little bit of a different agenda when they're thinking about purchasing a super fun site and future use of the site.

586
01:25:09.000 --> 01:25:15.000
And so if if everybody's more comfortable, having those as separate classes, we're happy to do 2 different ones.

587
01:25:15.000 --> 01:25:22.000
So we can adjust that as needed to the site situation

588
01:25:22.000 --> 01:25:43.000
All right. Excellent. How about this question about State programs? One of the attendees asks, Can all or part of a superfund site be developed when you're using a State Reuse program? For example, the Pennsylvania? The PA act 2 program does anybody know

589
01:25:43.000 --> 01:25:47.000
Well, I'll say it. Typically most state voluntary cleanup programs.

590
01:25:47.000 --> 01:25:50.000
I'm assuming the pencil of anyone that you mentioned have usually, as Michael mentioned earlier.

591
01:25:50.000 --> 01:26:02.000
Some states still have a a restriction on the enrollment of quote unquote superfund sites or npl sites in a state voluntary cleanup. Program.

592
01:26:02.000 --> 01:26:03.000
So what? We see more often? At least I'm in Texas, and in our region 6 States is their neighboring properties.

593
01:26:03.000 --> 01:26:12.000
You have a state enrolled in a property enrolled in the Vcp.

594
01:26:12.000 --> 01:26:15.000
Program next door to a state superfund or me to a federal superfund site.

595
01:26:15.000 --> 01:26:27.000
So we do work in collaboration with them, but it's not, at least in in my experience, not very common for a property within a superfund site. To also be enrolled in a state voluntary cleanup

596
01:26:27.000 --> 01:26:33.000
Okay. Great, excellent. Our next question. If you can talk a little bit about windfall provisions.

597
01:26:33.000 --> 01:26:44.000
Can you explain the windball provisions that a local government who owns a superfund site would be considering when they're selling parcels to get them back on their tax

598
01:26:44.000 --> 01:27:04.000
Yeah, I'll I'll talk about that. The windfall provision applies with respect to when a bona fide perspective purchaser acquires a contaminated property, and the the sort of the general overarching principle behind this is we don't want a situation where a party a

599
01:27:04.000 --> 01:27:26.000
question, and then EPA spends, you know, tremendous amount of money cleaning up the site, and that property owner turns around and sells the site and recoupes a a massive increase in market value in the property funded by the Federal government so we work with parties to try to head

600
01:27:26.000 --> 01:27:34.000
that off ahead of time with a and we can certainly work with a local government in those instances to try to try to.

601
01:27:34.000 --> 01:27:42.000
You know, negotiate that lane. If if there is indeed gonna be a lean from, you know, increase in firm market value.

602
01:27:42.000 --> 01:27:51.000
That is, you know, greater than that, or you know, looking at that in relation to the Ep.

603
01:27:51.000 --> 01:27:55.000
Is on our covered response costs at the site

604
01:27:55.000 --> 01:28:06.000
Okay. Alright. Excellent. I think we'll squeeze in one more question or comments that came in and for those of you who may have submitted your questions anonymously.

605
01:28:06.000 --> 01:28:10.000
I'll share these questions with our presenters to see if they can follow up with you.

606
01:28:10.000 --> 01:28:14.000
But if you sent the question in anonymously, we don't have any way to track back.

607
01:28:14.000 --> 01:28:25.000
Who you are. So if you did send a question in anonymously, but you would like a presenter to follow up with you if you're willing to resend that question with your email address attached we'll be happy to share that with our presenters but let me pull in this one. Last question.

608
01:28:25.000 --> 01:28:33.000
This seems to be a theme about consumer prps who might do cleanup and what happens to them.

609
01:28:33.000 --> 01:28:39.000
And so this question asks, What type of pro protections are built into this program to protect?

610
01:28:39.000 --> 01:28:41.000
Prps, who are not involved in the redevelopment, but are still actively involved in cleanup, for example.

611
01:28:41.000 --> 01:28:56.000
Oh! And M. Or operation and maintenance at a site so that their costs are not increased by the redevelopment effort

612
01:28:56.000 --> 01:29:01.000
Good question. Anybody. Wanna take that if that we can follow

613
01:29:01.000 --> 01:29:02.000
Okay.

614
01:29:02.000 --> 01:29:20.000
Well, I thought I I thought one of our presenters really really nailed that which was saying that they had such a a ongoing cooperative agreement with the responsible party, so as I like to tell people sometimes you don't want apa in your business and and in that

615
01:29:20.000 --> 01:29:37.000
Case I think it's very important for a developer and a perspective purchaser who has planned development or future use in mind to really really be in close coordination with that responsible party they know what their responsibilities are that's clearly lined out in a legal agreement between

616
01:29:37.000 --> 01:29:41.000
Them, and EPA, and you want to make sure that that you understand.

617
01:29:41.000 --> 01:29:51.000
That is the developer. You understand what their legal agreement what their legal responsibilities are to EPA and what they're ongoing activities at the site will be as you are planning your future use in your future redevelopment.

618
01:29:51.000 --> 01:29:56.000
At the site, you know that's that's definitely something that to think about.

619
01:29:56.000 --> 01:30:13.000
If there is a Prp at the site who does have long term obligations and and a lot of times, there can there can be, if that could be a a mutually beneficial relationship for but for both the the perspective purchasers slash developer user future user of the site

620
01:30:13.000 --> 01:30:16.000
And the Prp group, but it definitely takes some close collaboration

621
01:30:16.000 --> 01:30:17.000
Yeah and

622
01:30:17.000 --> 01:30:20.000
I can just add a little bit if it's helpful.

623
01:30:20.000 --> 01:30:29.000
We have different arrangements at different projects, but I think it does come to starting early to figure out what what are the Prp groups concerns?

624
01:30:29.000 --> 01:30:35.000
What are their obligations? How much are they paying for over?

625
01:30:35.000 --> 01:30:41.000
And what are this requirements? And then to understand where there might be overlap ultimately the Prp group is looking for some benefit to them.

626
01:30:41.000 --> 01:30:54.000
Through the redevelopment, and you know at minimum surety that there is a going to be any harm done to them at their economic or to their remedy.

627
01:30:54.000 --> 01:31:01.000
But we've found in most cases that there has been some economic benefit through us taking on some of the O Andm.

628
01:31:01.000 --> 01:31:20.000
That might be behind what we call behind the solar Feds, or there might be, you know, some economic benefit that can be directed toward them through the you know solar project revenue, you know, as as sort of like a quasi landlord so there are there are ways to work together.

629
01:31:20.000 --> 01:31:21.000
Alrighta

630
01:31:21.000 --> 01:31:38.000
And this is I'll just add that a developer coming on as a most likely the bona 5 perspective purchasers got a number of affirmative obligations at that property they are coming in as an environmental steward and one of some of those obligations, include you

631
01:31:38.000 --> 01:31:39.000
Know not. Mucking up the remedy that's in place.

632
01:31:39.000 --> 01:32:00.000
So yeah, they they've risk losing their protection if they were to undermine the integrity of the of the cleanup. And you know that's one of the things that's so great about the respective purchase to inquiry process is that EPA can you.

633
01:32:00.000 --> 01:32:03.000
Know we can't guarantee compatibility between a redevelopment and the cleanup, but we can certainly have a pretty good idea, like bills.

634
01:32:03.000 --> 01:32:10.000
Example. Like: hey? Rely on groundwater? No water.

635
01:32:10.000 --> 01:32:16.000
Your nursery is, you know it's not going to work like we.

636
01:32:16.000 --> 01:32:28.000
We can help, we, we, our our staff, know these sites inside it out and can, you know head off some pretty obvious incompatibilities?

637
01:32:28.000 --> 01:32:34.000
So that's not perfect. Check some balances in place to protect the prps

638
01:32:34.000 --> 01:32:54.000
I I'd like to add that environmental insurance plays a role here, because, as as Matt pointed out, and others have pointed out, developers coming in, or have are naturally incentivized not to interfere with a remedy because doing so will void the modified perspective purchase our

639
01:32:54.000 --> 01:33:00.000
defense and expose them to liability, but on occasion redevelopment contractors.

640
01:33:00.000 --> 01:33:06.000
We'll do something negligently, accidentally, unknowingly, to exacerbate contamination.

641
01:33:06.000 --> 01:33:32.000
There are environmental insurance products that will cover that which will not only provide coverage to the developer itself, but to other third parties named by the developer as additional insurance or additional named insurance, which can be prp groups participating members and prp groups for those who have an worked with environmental

642
01:33:32.000 --> 01:33:41.000
insurance naming those additional parties should not, and historically has not increased the cost of coverage

643
01:33:41.000 --> 01:33:51.000
Alright. I do think we are about 8 min past our end time, and I'm getting some smiles and some nods that I think everyone understands we may have to close out this Q.

644
01:33:51.000 --> 01:34:06.000
And a segment. But again, one last call for those who may have sent in a question anonymously, if you want to resubmit it with your name or email address attached will work to get a full list of the questions that came into our organizers and that might help influence future sessions speaking

645
01:34:06.000 --> 01:34:20.000
Of future sessions Alexis, I'll just remind everybody that in the chat we did put a number of helpful links, one of which is how they can add their name to your mailing list for the superfund redevelopment program and they'll find out about webinars like this so please be

646
01:34:20.000 --> 01:34:29.000
sure to add your name to that. Read that mailing list, and I will pop on to do our closing reminders unless, Alexis, you have any final thoughts you want to leave the audience with huh!

647
01:34:29.000 --> 01:34:36.000
I don't just thank you to all of our presenters, and thanks for rejoining. Really appreciate it.

648
01:34:36.000 --> 01:34:43.000
Alright. Well, then, I'm going to take over here and call up our final reminders before we close things out.

649
01:34:43.000 --> 01:34:44.000
I do appreciate everybody staying on for just a few extra moments to do some additional Q.

650
01:34:44.000 --> 01:35:02.000
And a time. I do want to invite you all to visit us at the Cleanup information Network at Cluin Org and be sure to sign up for our Monthly Newsletter Tech, direct which goes out on the first of each month which will also let you know about other free online training websites and technical

651
01:35:02.000 --> 01:35:06.000
resources, related to howzardous way site, characterization, and cleanup.

652
01:35:06.000 --> 01:35:21.000
Our next talk direct edition will go out on December for those of you who are looking for copies of the presentation material or a collection of related websites on our topic we'll find them on the seminar homepage so it's the same URL I highlighted at the start here we

653
01:35:21.000 --> 01:35:26.000
are at the end, and we're circling back so that you are shown on the slide is where you want to register?

654
01:35:26.000 --> 01:35:30.000
It's where you want when checking in, and it's where I'll send you if you're looking for the materials.

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There are tabs along the middle of that page where you can access the Webinar slides as well as related resources and urls that were highlighted in the chat during our Webinar today, so I encourage you to bookmark that and reference that page or point colleagues

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To it at any time. Now, if you stayed on the line you can fill out that online feedback form.

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It is on the seminar homepage. If I sneak us back to that page there's a tab that says feedback form as long as you click that link and fill out the feedback form making sure to check the box or certifying you were here for the entire delivery as soon as you submit your feedback you'll

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Have access to download or print out a participation certificate.

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Looks something like this one. If you don't check that box certifying you were here, you won't get a certificate, so please, be sure that you follow that step we will email a copy of the certificate to you as well, but those sometimes get blocked by junk or spam

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Filter, so I encourage you to download it from the confirmation screen, and if you happen to host a viewing party at your location it had other colleagues joining you in a conference room, please send the link to that seminar feedback form to them because they can fill

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it out on their own, and get their own participation. Certificate even if they didn't register to attend on their own and for those of you lucky enough to be replaying the recorded version of today's webinar and yes, the session was recorded.

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It will be archived and made available for on-demand playback so if you're watching the recorded version you write around now in the recorded version above my head there will be a button pointing to that summit, our feedback form which you can fill out so you can still go to

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that seminar homepage or click the feedback warm button above my head in the archive fill out the online seminar feedback form based off your replay and get a certificate for watching the recorded version so with that I want to thank all of our presenters and organizers

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who helped put together today's session in the over 200 live attendees who joined us for the seminar.

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We hope that she found this to be a valuable expenditure of your time, and you'll join us on a future session with that I'll go ahead and formally conclude today's live broadcast thank you so very much for joining us