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  • 2 May 2022 2:53 PM | Anonymous member (Administrator)

    The following is an an article written by Kevin McCarty and shared on GEI's website. Kevin is a Board member of the NYC Brownfield Partnership and runs the NYC clean soil program with the Mayor’s office.

    It is virtually impossible to build a structure, a building, or almost any type of fixed facility, without excavating ground and removing soil and fill material.  Many projects require significant excavation for foundations, support structures, utilities, and ground improvements. It is also very common for the construction site to not have room to stage, store, or reuse material right away.  This almost always necessitates off-site removal of all, or most of, the excavated material.  If you have ever had a project that required moving a lot of dirt you know that, in many cases, the contractors you hire don’t put a lot of thought into how to handle it, they simply truck it out.  But you will pay for that removal, which often includes tipping fees on the tonnage as well as high transportation costs when soil is moved out of State.  Is there a way that soil can be reused? The answer is yes, and it could save hundreds of thousands or millions of dollars while, at the same time, improve sustainability. It just takes a little forethought and planning to make it happen. Let’s explore how.

    In many areas, the regulations on moving dirt from a project site were written decades ago and have not been updated to account for the increased focus on sustainability and beneficial use.  But those values have been filtering in. And as we strive for increased sustainability, the issue of beneficial reuse is gradually coming to the forefront.

    Let’s consider a typical project. You have a design and your project specs have been determined. Unless directed otherwise, the contractor typically bids the job to include trucking away the excess dirt. At this point an engineer may take notice that if you test the soil, you might find it could be reused on another project. But the contractor isn’t invested in beneficial reuse because it wasn’t accounted for in the original job specs.


    When beneficial soil reuse is built into the design, and the project specs are written accordingly, the owner gains the savings and the sustainability

    In some cases, a consultant might be brought in to test the soil. But, too often, because this consultant was engaged after the design process, he or she will have little to no connection to the project. If the consultant doesn’t account for the parameters of the project (such as how deep will the excavation be?) the result is a generic report.

    When this happens, you’re left without accurate data on the nature of the material to be excavated. Without that data, the engineer must guess at the quantities. And, if these estimated quantities are wrong, the contractor ends up issuing a change order. Enter the “dirt brokers.” In the states of New York and New Jersey, an entire organization of dirt brokers has popped up over the past 10-15 years. They parse out the dirt and are experts at controlling the flow of material to different locations and facilities, which makes justification for change orders much more effective.  The cost and liability are then passed on to the owner.

    So, what’s the solution to this wasteful, often convoluted process? We need to change how we think about the planning phase of the design process. When beneficial reuse is built into the design, and the project specs are written accordingly, the owner gains the savings and the sustainability.

    Step 1: At the beginning of the design process, the environmental consultant, who will typically come in to assess the in-ground conditions that will inform the specifications and design, sits down with the landscape architect to gather the details. The environmental consultant will ask: What are you building? What will be excavated? Can any of this be retained for reuse on the project or is there no room for staging? How deep is the excavation? Once the consultant knows these details, or at least what the current version of the plan is, it’s easier for them to get some samples to determine what the fill layers are, where the natural material is, and then compare this to the existing criteria. The result? No wasted time on testing that doesn’t provide useful data. The consultant, now with inside knowledge of the project, can provide recommendations, including details on where fill begins and ends, as well as potential hazards.  This information is very powerful and puts the owner in control of the process, rather than leaving it for the contractor during construction.

    Step 2: Provide this accurate information to the engineer writing your project specs. Now you have precise data early, and the engineers can use this data rather than relying on guesswork. The result is that now the engineer can decide if the materials can be beneficially reused or if they need to be properly disposed of at facilities. You gain the advantage of the beneficial reuse simply by writing it into the specs, because that’s how the contractor bids it – no change orders necessary, and no environment harmed.

    It’s a simple change to the process of thinking, really, with benefits all around. A process through which owners can save money and their sustainability teams can quantify the carbon savings is a win-win. When you account for the life of a construction project, these changes can save millions of pounds of carbon in just 4-6 months. And the cumulative sustainable carbon footprint reduction is astronomical when looking at dirt. The bottom line is this: When the owner has the specs written correctly, everyone wins.

  • 5 Apr 2022 1:47 PM | Anonymous member (Administrator)

    by Lina Rivetti, NJDEP Part-Time Employee

    How did you spend your afternoon on Tuesday, March 29, 2022? Were you one of over 60 women environmental professionals and a handful of male allies who joined us virtually for the inaugural “Women in Environmental Professions” Event put on collaboratively by the NYC Brownfield Partnership (NYCBP), the NJ Chapter of the Society of Women Environmental Professionals (NJSWEP), the NJ Licensed Site Remediation Professionals Association (LSRPA), and the Brownfield Coalition of the Northeast (BCONE)? Eighty-eight percent of attendees were members of at least one of the sponsoring organizations, and members of the audience joined us enthusiastically for an interactive and uplifting session. 


    This program was a success because of its moderator and wonderful speakers. Lina Rivetti, a student at the New Jersey Institute of Technology and recipient of an NJSWEP scholarship was masterful as a moderator. Superstar panelists Schenine Mitchell of USEPA Region 2; Ezgi Karayel, owner of vEKtor Consultants and President of the NYCBP; Candace Baker of Langan Engineers and VP of the LSRPA; and Linda Shaw, Esq., owner of Knauf Shaw and President of the Environmental Section of the NYS Bar discussed inherent qualities of all strong leaders, self-advocacy as women in the workforce, shifting career trajectories, obtaining a work-life balance, differences between the public and private sector, the importance of mentorship and marketing, as well as inspirational advice for current and future women aspiring to achieve more prominent roles in the environmental industry.

    A few quotes from the speakers that really resonated with the audience include:

    • “You are more valuable than you think;”
    • “When it is meant to be yours, it will be yours,“ along with “ask for what you want” and “show up, but also speak up;” and
    • “Powerful women empower women!”

    We weren’t aware that this would be the “inaugural event” until it was clear that the 90-minute session was so energizing and informative that all attendees asked for it to be a quarterly event! High praise. Some of the topics we look to explore further while keeping up the conversation in upcoming virtual gatherings are:

    1. How to handle inappropriate behavior or harassment on job sites. 
    2. What can we do as a group to specifically encourage and recruit more girls/women of color to join environmental professions?
    3. How to effectively and respectfully set boundaries

    For the 88% of attendees who are members of at least one of the sponsoring organizations, look for eblasts and web posting for the date, time, and registration information for the next session. Please encourage others to join the conversation.

    Many thanks to event sponsors Athenica Environmental Services; vEKtor Consultants; Knauf Shaw; HydroTech Environmental; Liberty Environmental, Inc; and Gallagher Bassett Technical Services. They were joined by the highest level sponsors of both the NYCBP and BCONE

  • 31 Mar 2022 11:29 AM | Anonymous member (Administrator)

    Today, the Environmental Protection Agency published its final Fiscal Year (FY) 2022-2026 EPA Strategic Plan to accompany EPA's FY 2023 President’s Budget. The Strategic Plan provides a roadmap to achieve EPA’s and the Biden-Harris Administration’s environmental priorities over the next four years.

    This Strategic Plan furthers the agency's commitment to protecting human health and the environment for all people, with an emphasis on historically overburdened and underserved communities. For the first time, EPA’s final Plan includes a strategic goal focused exclusively on addressing climate change, as well as an unprecedented strategic goal to advance environmental justice and civil rights. At the foundation of the Plan is a renewed commitment to the three principles articulated by EPA’s first Administrator, William Ruckelshaus — follow the science, follow the law, and be transparent – while adding an additional fourth principle: advance justice and equity.

    “This final strategic plan is the result of tireless work across EPA to develop a comprehensive strategy that delivers on our mission to protect all people from pollution,” said EPA Administrator Michael S. Regan. “I’m confident that our plan meets the moment. Our solutions are designed to confront the challenges in front of us, where achieving justice and equity are central to addressing climate change and environmental protection.” 

    The Strategic Plan outlines seven goals and four cross-agency strategies. The strategies articulate essential ways of working to accomplish EPA’s goals and mission outcomes. The Plan also includes a suite of measures that will help the Agency monitor progress and ensure accountability for achieving its priorities to protect human health and the environment for all Americans.

    More information on EPA’s Strategic Plans can be found at: Strategic Plan

  • 31 Mar 2022 11:27 AM | Anonymous member (Administrator)

    Letter to Governor Governor Hochul, Speaker Heastie, and Majority Leader Stewart-Cousins from The Building & Realty Institute of Westchester & the Mid-Hudson Region, Brownfield Coalition of the Northeast, The Business Council of Westchester, Buffalo Niagara Partnership, Local Development Corporation of East New York, Long Island Builders Institute, The New York Building Congress, New York City Brownfield Partnership, New York League of Conservation Voters, Real Estate Board of New York, SoBro, Center for Creative Land Recycling, USGBC Long Island, New York State Association for Affordable Housing, Sullivan County Partnership, Upstate United.

    We want to thank you for your commitment to the Brownfield Cleanup Program (BCP) and the Brownfield Opportunity Area Program (BOA) and urge the reauthorization of the BCP and additional improvements to these programs in the FY ’23 budget that you are in the process of finalizing.  

    The BCP is working in New York. Since its inception, over 502 projects have been completed statewide, with 50% of the projects in economically distressed En-Zones and many in Environmental Justice and Brownfield Opportunity Areas. The program has created over 6,000 affordable housing units and $17.61 billion in private investments, cleaned up contaminated sites which may not otherwise have been remediated, and is increasing public health benefits by reducing greenhouse gas emissions and improving climate and air quality, which furthers environmental justice goals to promote healthier communities.

    Read more...

  • 28 Mar 2022 1:54 PM | Anonymous member (Administrator)

    From NYCBP Member, By Larry Schnapf

    In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”)  to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to be used to satisfy the AAI requirements.

    Read more...

    Posted March 28, 2022

  • 28 Mar 2022 1:41 PM | Anonymous member (Administrator)

    The article was published in The Practical Real Estate Lawyer with an acknowledgement to Chemmie Sokolic (The Falcon Real Estate Group) for his assistance on the industry issues.

    According to Schnapf, "In mid-November, ASTM International (ASTM) published the updated version of its “Standard Practice for Environmental Assessments: Phase I Environmental Site Assessment Process” (E1527-21). The new standard replaces the 2013 version (E1527-13), which ASTM now considers a “historical standard.” However, E1527-13 may continue to be used until EPA formally recognizes the latest version." Click here to read the article in its entirety.

    Posted March 28, 2022

  • 18 Mar 2022 3:06 PM | Anonymous member (Administrator)

    By Kirstyn Brendlen, Brooklyn Paper (NY)

    Cleanup is moving along at the former NuHart Plastic Manufacturing plant in Greenpoint as a developer prepares to build two mixed-use buildings on the heavily contaminated lot.

    The western half of the 1-acre site, located between Dupont, Franklin, and Clay streets, was named to the state Superfund list in 2010 after potentially-hazardous chemicals were discovered in the soil, left over from nearly 50 years of plastic and vinyl production at the NuHart factory, which closed in 2004. Last year, Madison Realty Capital started taking ownership of the plot after its old owner filed for bankruptcy protection. Taking over NuHart West also means taking responsibility for the Superfund activities deemed necessary by the state, and Madison also applied for and began a Brownfield cleanup of NuHart East.

    For the entire article, see

    https://www.brooklynpaper.com/cleanup-nuhart-plastics-ahead-new-construction/

    Posted March 18, 2022

  • 18 Mar 2022 2:56 PM | Anonymous member (Administrator)

    Article entitled, “Restoring Nature While Building” by Patrick Sisson appeared in the Square Feet column on in the Commercial Real Estate page of the March 16, 2022 New York Times.

    This caught our eye: “People don’t have to use the word ‘sustainability” anymore because it’s expected, said Charles A. Birnbaum, founder and president of the Cultural Landscapes Foundation, and education and advocacy group.  “People expect a level of performance from their landscapes. There is a power of place there waiting to be unlocked.”

    This information appealed to us because we have been looking for data on the positive financial impacts of green space on developments.   “A series of trends have made these projects more valuable, said Matt Norris, director of the Building Healthy Places Initiative at the Urban Land Institute.  For residents, the health benefits of outdoor access are more apparent, especially in the pandemic.  For developers, offices and homes next to parks can accrue up to 20 percent more value, and added green space can help projects earn community support and even unlock zoning incentives.”

    Posted March 18, 2022

  • 16 Mar 2022 1:51 PM | Anonymous member (Administrator)

    Well over 50 people attended the March 15, 2022, NYC Brownfield Partnership Redevelopment Roundtable.  As one attendee wrote us “We're in a critical moment on a variety of fronts right now.”

    If you missed the Roundtable, here is what is critical:

    1. Extension of NYS’s Brownfield Cleanup Act and the tax credit extender Included in Governor Hochul’s FY 2023 Executive Budget and currently being negotiated with both legislative houses.  Includes  options for length of extension (5 vs. 10 years), whether and how much of a fee will be included; 
    2. Part 375 Regulations:  comments due in April, 2022.  The NYCBP committee is actively working to complete comments, which will be shared with other members of the BCP Coalition.  There is a direct impact on affordable housing.
    3. USEPA has released a pre-publication copy of its proposed and direct final rule to recognize ASTM E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule.  The NYCBP will be commenting on the need to focus on use of one method and not multiples.

    The Partnership’s comments on regulations and the AAI pre-publication will be posted on the website for members to review.

    Attendees received a presentation on the new Soil Cleanup Objectives.   USEPA Region 2 gave an update regarding the positive impacts of federal infrastructure funding. OER provided information of Mayor Adams’ office organization and OER’s place in the organization, an update on the soil stockpile, and a report that city agencies are streamlining their processes to meet the April, 2022 deadline for 421a applications.  The Partnership was pleased that at least four M/WBE firms attended today’s Roundtable.

    Big thank you to the event sponsors for the Spring 2022 Roundtable:  Athenica Environmental Services; Knauf Shaw; vEKtor consultants; Bousquet Holstein; Hydrotech Environmental Engineering; and Liberty Environmental Inc. The two newest annual sponsors of the Partnership, Capitol Environmental Services, Inc. and Tenen Environmental had the opportunity to introduce themselves to all attendees.

  • 10 Mar 2022 1:03 PM | Anonymous member (Administrator)

    By Bill Wilkins, New York Daily News

    Thirty-two years ago, my wife and I made the decision to buy a home and raise our family in East New York — a community where she grew up, at the time considered a low-income area with not much hope of economic revival or prosperity. Since then, we have raised three great kids, two of whom have earned graduate degrees from top universities. And as the director of economic development and housing for the local development corporation serving the area’s industrial base, I’ve seen how a thriving local economy can lift nearby families and move a community from poverty to prosperity — but only after the remnants of past pollution have been removed from the area.

    Read more...

    March 10, 2022

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