Summary of Provisions in the Superfund-Brownfields agreement

The Superfund/brownfields bill (A.9120/S.5702) includes a number of provisions that NYPIRG fought very hard for with regard to the Superfund program. The bill would:
· maintain the Superfund's stringent clean-up policy;
· expand the Superfund to include "hazardous substance sites";
· keep the historic 50/50 split between industry fees and public funds;
· refinance the Superfund with an annual projected budget of $120 million (less than what we advocated, but more than the Governor had proposed); and,
· provide for technical assistance grants for community groups.
The bill is not a complete victory for NYPIRG, in that it includes liability releases that NYPIRG opposed, and failed to reauthorize the Superfund Management Board.

The bill also creates a new program to clean up and redevelop "brownfield" sites, which are abandoned properties that are known or suspected to be contaminated. The brownfields program contains some significant compromises, among the most serious of which are that it:
· relies on use-based cleanup standards, which means more toxic contamination will be left behind at some sites than others, depending on what their future use will be;
· requires only a partial exposure assessment of off-site contamination, instead of a full investigation; and,
· allows Superfund sites, in some instances, to be eligible for the program.

However, the brownfields program also includes important environmental safeguards. The bill:
· includes a preference for permanent site clean-ups;
· requires toxic source removal;
· protects groundwater as a drinking water source;
· requires soil cleanup standards to be protective of children and natural resources; and,
· increases the accountability when institutional or engineering controls are used.
It also contains strong community participation and community-based planning provisions, and provides financial incentives to revitalize inner-city communities.