1. What is the main purpose of site assessments under the Brownfield Opportunity Areas (BOA) Program?

Site assessments are comparable to site characterizations described in draft DER-10, a program policy document available on the Department of Environmental Conservation's (DEC) website http://www.dec.state.ny.us/website/der/guidance/der10dr.pdf. The main purpose of a BOA site assessment is to obtain environmental information on strategic brownfield sites to advance a realistic BOA vision. This environmental information must be required to determine a reasonable end use for the strategic brownfield site (e.g. restricted vs. unrestricted) and the BOA in general. Site assessments encourage the cleanup and reuse of strategic brownfield sites by lessening contamination uncertainties. The BOA Program does not fund site cleanups. Incentives for site cleanups are available through other DEC remedial programs, i.e., the Brownfield Cleanup Program (BCP) and the Environmental Restoration Program (ERP). Information on these programs is also available on DEC’s website.

2. What are the ownership requirements for sites eligible for BOA site assessments?

Sites eligible for BOA site assessments can be publicly or privately-owned. However, the site owner cannot be responsible for the onsite contamination.

3. What are the site eligibility criteria for a BOA site assessment?

A site first must be identified as a “strategic site”. Normally, this occurs during Step 2 of the BOA process. Factors that grantees may use to identify strategic sites may include, but are not limited to:

• overall importance to the community and the revitalization effort;


• location;


• ownership and owner willingness;


• property size and capacity for redevelopment;


• potential to spur additional economic development or positive change in the community;


• potential to improve quality of life or include new public amenities;


• community support for proposed projects for the site; and


• adequacy of nearby infrastructure, utilities and transportation system.

Following are criteria for a strategic site to be eligible for site assessment funds. The site must:

• be a "brownfield";


• be any real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant;


• be owned by a volunteer (volunteer as defined in the BCP) or a municipality (as defined in the ERP);


• not be a Class 1 or 2 site on the Registry of Inactive Hazardous Waste Disposal Sites in New York;


• not be on the Federal National Priority List;


• not be subject to an enforcement action under another State or Federal remedial program; and


• must have a owner who agrees to "make a good faith effort"; to redevelop site consistent with a BOA Plan.

4. How can a site assessment facilitate the creation of a BOA plan as well as brownfield redevelopment?

Any action that increases understanding about site conditions provides value to a BOA plan. The results of a site assessment may indicate extensive or minimal contamination. Regardless of the outcome, increased clarity about environmental conditions will assist in site-specific as well as area-wide redevelopment planning.
One obstacle to brownfield reuse is uncertainty about environmental site conditions. A site may be considered a brownfield even if contamination is only “perceived”, if this perception is hindering redevelopment. A site assessment increases predictability for potential developers of the site.

5. How is a site defined? Can multiple parcels be combined into one site for the purpose of performing a site assessment?

If the larger site has been identified as a strategic site, contiguous parcels can be combined into a larger site for the purpose of performing a site assessment. The site assessment could be broken down into areas of concern depending on the suspected contamination.

6. If three strategic brownfield sites were approved for site assessments in the Step 3 application, and one of those sites is withdrawn, can the funds be reallocated for use on the other approved sites? Can a new strategic brownfield site be added?

If a strategic brownfield site approved in the Step 3 application is withdrawn, the funding can be budgeted for other approved sites or activities with the approval of the State. In addition, a new strategic brownfield site can replace the withdrawn site if the grant recipient submits a site assessment form normally required with the Step 3 application. The site assessment information would be reviewed by the State and, if approved, the site would be substituted, provided sufficient funding to complete the assessment is available under the existing grant. If sufficient funding is not available, a contract amendment would be required to increase funding.

7. Should site assessment reports be separate for each site assessment in the BOA, or linked? What about budgets, contracts?

One contractor may be procured to perform multiple site assessments. The site assessment report can combine the findings of the multiple site assessments, however, the information must be presented by parcel so that it can be related back to the BOA plan. Budgets must be provided for each site assessment requested in the Step 3 application. Funding within the grant/State Assistance Contract may be rebudgeted with approval from the State.

8. Can Phase I work be performed at potential strategic brownfield sites during the latter stages of Step 2 to allow the development of a better site assessment workplan?

Phase I activities are eligible under Step 2.

9. Can site assessment funding be applied for independent of a Step 3 application?

Site assessments are a component of the Step 3 phase. Site assessment funding is only available in conjunction with the Step 3 phase.

10. Which State agency will have the lead for the BOA site assessment portion of the Step 3 grant?

The DEC BOA Manager will be the lead for the site assessment. The DEC BOA Manager will oversee the BOA grant recipient responsible for the performance of the site assessment.

11. Does the BOA recipient have to manage the BOA site assessment? Can the funding be provided to a third party (i.e. the owner or developer).

The BOA recipient cannot delegate its grant responsibilities to a third party. The BOA recipient can procure, and is responsible for managing, a contractor to perform the site assessment. The BOA recipient receives funding based on reimbursement requests for costs incurred.

12. Does the BOA program provide any liability releases?

There are no liability releases for site assessments given in the BOA program. Sites eligible for the BCP or ERP within the BOA would be addressed under those programs. Liability relief is provided under both the ERP and the BCP.

13. What happens if, during the site assessment, an Interim Remedial Measure (IRM) is needed?

If it is determined an IRM is needed to address a significant threat to public health and the environment, DEC would attempt to get responsible parties to address that threat under one of DEC’s remedial programs.

14. What if the site assessment findings give DEC reason to believe the site may be a significant threat to public health and the environment?

DEC is obligated to determine if the site is a significant threat to public health and the environment. If determined a significant threat, appropriate parties would be given the opportunity to address the site under one of the State’s brownfield programs (BCP, ERP) before the State would consider listing the site on the Superfund Registry and addressing the site under the Superfund Program.

15. Are there different eligibility criteria under the BCP for sites within a BOA?

No, the eligibility criteria under the BCP is the same for all proposed sites whether within a BOA or not.