Cleaning Up the Past, Building the Future: The Brownfields Program

Environmental Permitting and Water InfrastructureHouse Transportation and Infrastructure Subcommittee on Water Resources and Environment · May 7, 2025 · 119th Congress
The House Transportation and Infrastructure Subcommittee on Water Resources and Environment held this hearing to examine the EPA Brownfields program ahead of possible reauthorization, hearing testimony on the program's track record, liability issues under CERCLA, and proposed reforms. Begins at ▶ 0:16:33
Transcript
Highlights

Title

Reauthorizing EPA's Brownfields Program: Successes and Funding Debates

Purpose

The House Transportation and Infrastructure Subcommittee on Water Resources and Environment held this hearing to examine the EPA Brownfields program ahead of possible reauthorization, hearing testimony on the program's track record, liability issues under CERCLA, and proposed reforms. Witnesses from local government, state government, the private legal/development sector, and the Congressional Research Service discussed program statistics, state implementation examples, and recommendations for improving efficiency and funding. Democrats also used the hearing to raise concerns about proposed EPA budget cuts. Begins at▶ 0:16:33

Who spoke

• Chairman Mike Collins (R-GA)▶ 0:16:33: Opened the hearing noting over 450,000 brownfield sites nationally and that the program has made 10,800+ sites ready for reuse, leveraging $40.4 billion and 270,000 jobs▶ 0:18:16; cited a Greensboro, GA cotton mill redevelopment into 71 apartment units▶ 0:19:35; later pressed witnesses on efficiency, burdensome reporting, and return on investment▶ 0:48:17▶ 0:52:32.

• Ranking Member Sheila Cherfilus-McCormick... [Wilson] (D)▶ 0:21:01: Cited EPA data that half the US population lives within three miles of a funded brownfield site▶ 0:21:26 and that Miami-Dade County has remediated 31 sites with 74 under review▶ 0:22:46; criticized the administration's proposed 65% EPA budget cut and economic conditions▶ 0:24:37.

• Terry Wilbur, Oswego County (NY) Clerk, National Association of Counties▶ 0:27:35: Said 63% of counties have at least one brownfield site and his county has 125▶ 0:28:25; described a $30 million private investment leveraged from federal funds for the Steven Door Lofts and Harborview apartments▶ 0:29:44; recommended reauthorization, higher funding, raising the cleanup grant ceiling to $1 million, and increasing the administrative cost cap▶ 0:30:28▶ 0:31:20▶ 0:31:45.

• Lisa Shook, Ohio EPA Assistant Chief▶ 0:32:35: Detailed Ohio's Section 128A state grant program and its four core elements▶ 0:33:21; said Ohio funded 20 assessments through standard allocation and 63 more via IIJA supplemental funds last fiscal year▶ 0:34:07; noted Ohio's Voluntary Action Program has cleaned up 750 sites covering 17,000 acres▶ 0:36:26, and that EPA funding leverages over $20 for every dollar spent▶ 0:37:14.

• Lance Larson, CRS Analyst▶ 0:37:34: Gave a history of CERCLA (1980), the 1993 pilot brownfields initiative, the 2002 amendment creating a dedicated program, and the 2018 BUILD Act reauthorization through FY2023▶ 0:38:28; explained the $1.5 billion IIJA infusion, of which $1.2 billion went to competitive Section 104(k) grants▶ 0:49:36; cited roughly 12,000 recovered sites and 40,000 assessments under the competitive grant program▶ 1:37:48.

• Michael Goldstein, Goldstein Environmental Law Firm▶ 0:42:26: Highlighted Florida's brownfields program, citing 90,000 jobs and $3.18 billion invested since 1997▶ 0:43:44; proposed seven recommendations including renewing the federal brownfield tax incentive, a loan guarantee program, expanded low-income housing tax credits, eliminating grant match requirements, and a PFAS liability exemption▶ 0:44:38; later said avoided transactions in Florida alone from CERCLA liability fears total roughly $1 billion▶ 2:15:33.

• Rep. John Garamendi (D-CA)▶ 1:17:28: Warned that reauthorization efforts would be "of no consequence" if Congress does not fight proposed EPA budget cuts back to 1980s-era funding levels▶ 1:18:28▶ 1:20:13; cited a $600,000 EPA grant for Mare Island cleanup in his district▶ 1:20:13.

• Rep. Mike Ezell / "Mr. Berles" (R)▶ 1:22:37: Asked Goldstein to walk through the brownfield grant application process, which he said can take 9 to 18 months▶ 1:25:15; asked Wilbur whether program funds have achieved intended purposes▶ 1:26:31.

• Rep. Sharice Davids / "Miss Nordon"?... member (D)▶ 1:28:11: Criticized proposed 55% EPA budget cut▶ 1:28:35; asked Goldstein about impacts on environmental justice funding▶ 1:29:02 and Shook about leveraging public-private partnerships▶ 1:32:06.

• Rep. (Vice Chair) Mike Taylor (R-OH)▶ 1:00:31: Asked Shook how Ohio EPA assists rural communities, who she said face a roughly 30% competitive grant approval rate▶ 1:02:46; asked Goldstein about benefits of public-private partnerships▶ 1:03:53.

• Rep. Emilia Sykes (D-OH)▶ 1:05:56: Cited 4,200+ Ohio brownfield sites and 110 in her district alone▶ 1:07:22, including the redeveloped Landmark Building in Akron▶ 1:07:52 and the former Rolling Acres Mall now an Amazon site▶ 1:08:21.

• Rep. Knott (R)▶ 1:11:45: Raised North Carolina's $2-per-ton landfill fee for cleaning up "pre-regulatory" landfills, noting only about two of roughly 700 have been cleaned up in 20 years▶ 1:13:42; asked about liability disincentives for local/state polluters▶ 1:15:48.

• Rep. John Garamendi... (later, second appearance already noted)

• Rep. (vice chair area) Mr. Ander (R) [1:44:37... actually see below]

• Rep. Herd (R)▶ 1:55:37: Asked about tribal governments' challenges accessing brownfield funds▶ 1:56:29 and pressed Goldstein on idle EPA Revolving Loan Fund dollars, which Goldstein said stem from grantees charging too-high interest rates and suggested capping rates near 0%▶ 1:58:15▶ 1:59:57.

• Rep. (D) Miss Scholten (MI)▶ 2:00:23: Cited nearly 24,000 contaminated sites in Michigan and $9 million in BIL brownfield funding to the state▶ 2:01:03; argued the program is a fiscally responsible investment given ongoing tax-cut debates▶ 2:04:20.

• Rep. DeSaulnier ("Mr. Doliner")▶ 2:05:09: Discussed San Francisco Bay Area refinery transitions (citing Valero's Benicia refinery closure) and asked Goldstein about liability issues as hazardous industrial sites change ownership▶ 2:06:00▶ 2:07:56; raised poor coordination among federal regulatory agencies including EPA Region 9▶ 2:20:32.

• Rep. Poe... member (D-NJ)▶ 1:39:34: Cited 45 brownfield sites in her New Jersey district and the Paterson Great Falls National Historic Park cleanup▶ 1:40:19▶ 1:40:43; asked about low-income housing tax credits for brownfield redevelopment▶ 1:41:39.

• Rep. (R) Mr. Freeman-area member / Miss Freeman (D-CA)▶ 1:50:05: Discussed LA's Taylor Yards and LA County Sanitation District brownfield grants funded by IIJA▶ 1:51:04; asked about infrastructure funding and tax credit increases for affordable housing▶ 1:52:44.

Key moments

• Chairman Collins pressed on whether the $1.5 billion IIJA infusion — nearly doubling brownfields funding over five years — actually improved outcomes given "burdensome reporting" complaints, prompting Wilbur to describe limited rural county staff capacity▶ 0:49:13▶ 0:51:19.

• Ranking Member Wilson entered a letter from the Environmental Council of the States warning of the administration's proposed elimination of categorical EPA grant programs▶ 0:53:57; Shook and Goldstein testified that eliminating brownfields funding would be "existential," halting thousands of projects▶ 0:55:42▶ 0:56:21.

• Goldstein said a $400,000 EPA 128(a) grant in Overtown, Miami is facilitating a $217 million private investment and 515 units of affordable housing — over 500x leverage▶ 0:46:51▶ 1:30:57.

• Rep. Garamendi warned that reauthorization work would have "no consequence, no utility" unless Congress fights the administration's proposal to cut EPA funding to its first-ever budget level▶ 1:18:28▶ 1:20:13.

• Goldstein proposed a federal CERCLA/PFAS liability exemption modeled on a new Florida law that gives local governments "grace" from liability if they redevelop contaminated sites via public-private partnership▶ 1:16:16▶ 1:47:22.

• Larson explained the legal distinction between Superfund (enforcement-first liability framework for high-risk sites) and Brownfields (grant-based program with liability exemptions for lower-risk sites)▶ 2:13:25▶ 2:14:12.

• Rep. Knott's exchange on North Carolina's ~700 "pre-regulatory" landfills, only about two of which have been cleaned up in 20 years, illustrating slow cleanup pace nationally▶ 1:13:42.

• Shook said Ohio's competitive federal grant approval rate is only about 30%, and Ohio's own state cleanup program (~$125 million awarded over four years) is oversubscribed every year▶ 1:02:46▶ 1:10:46.

• Goldstein estimated Florida alone has seen roughly $1 billion in avoided real estate transactions due to CERCLA liability exposure, based on his 33 years of practice▶ 2:15:33.

• Goldstein recommended capping Revolving Loan Fund interest rates near 0% to speed deployment of EPA loan capital, which he said currently sits idle due to grantees seeking excessive returns▶ 1:58:36▶ 1:59:57.

Metadata

CommitteeHouse Transportation and Infrastructure Subcommittee on Water Resources and Environment
Chamber / CongressHouse · 119th Congress
DateMay 7, 2025
TypeHearing
Witnesses
Lance Larson — Analyst in Environmental Policy, Resources, Science, and Industry Division, Congressional Research Service
Michael Goldstein — Managing Partner, Goldstein Environmental Law Firm, P.A.
Lisa Shook — Assistant Chief, Division of Environmental Response and Remediation, Ohio Environmental Protection Agency
The Honorable Terry Wilbur — Clerk
Videoyoutube
Transcript298 caption blocks · 19,205 words · 2:22:54 runtime
EventCongress.gov 118228