EXECUTIVE SUMMARY
The first workshop, titled Recovering Lead Contaminated
Sites, focused not only on preventing future exposure to this toxic metal,
but also getting these sites back into productive use in order to contribute
to the economic health of their neighborhoods. The issues addressed in
the workshop involved requirements for cleanup, the laws and regulations
upon which cleanups are based, and some current innovative clean up strategies.
Tools, such as Geographic Information Systems (GIS), useful for assessing
neighborhood and community exposure were discussed. Recommendations were
made in several categories. The categories were multi-contaminated sites,
"how clean is clean," alternative technologies, future contamination, environmental
justice and community participation, and community involvement.
Recommendations on how to deal with multi-contaminated
sites are:
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Identify sites.
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Immediately stabilize and isolate lead contaminated sites
in order to prevent as much exposure as possible.
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Fences or other barriers to the site can serve as interim
solutions but those responsible must plan for long term maintenance.
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Regulations should promote long term maintenance of interim
solutions through Performance Bonds, or money up-front, and
deed restrictions to upkeep interim solutions.
Recommendations on the formation of policy to prevent exposure
to lead are:
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All exposure sources and different combinations of exposure
sources should be considered to allow standards that are flexible to different
situations.
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Specific sources known to contribute to the majority of exposure
should be prioritized.
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Activities, outreach and education to foster individual responsibility
for minimizing lead exposures should be promoted by policy.
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Activities, outreach and education should incorporate business/corporate
involvement.
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Considerable thought should be given on how to promote community
meetings and local involvement in clean up and regulatory processes.
Recommendations regarding alternative technologies are:
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More research is needed on alternative technologies for sites
contaminated with lead and especially for the more commonly occurring multi-contaminated
sites.
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More research into exposure sources and pathways are needed
in order to establish safe clean up levels and to determine "how clean
is clean."
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Research is also needed to make sure clean up levels are
fully protective of health and scientifically defensible.
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Recommendations to prevent future contamination are:
Recommendations to prevent future contamination are:
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Develop criteria, e.g. Phase I Assessment Reports, for prevention
that include land use considerations, community input, master planning,
and land use restrictions.
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Educate the community about preventing future contamination
and create a library of materials on environmental quality including information
on prevention, clean up, regulations, standards, et cetera.
Recommendations about environmental justice and community
participation are:
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The most important and fundamental policy is to involve the
community in every aspect of the process of identifying and cleaning up
lead hazards in their neighborhoods.
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Use environmental justice and community participation as
a policy context for discussing of the Brownfields issue, lead exposure
problem, and achieving healthy and sustainable communities.
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It is essential that people in a community be involved in
decisions about what to do with lead contamination.
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Any redevelopment strategy must be thoroughly examined to
ascertain its guiding vision and potential pitfalls in order to prevent
redevelopment strategies another generating hazardous sites or ecologically
unsustainable or socially unjust development.
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The debate over clean up standards, environmental regulations,
and liability safeguards must proceed from a realistic understanding of
the environmental health and safety characteristics of the urban environment.
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Agencies involved in assessing lead exposure or involved
in clean up procedures need to institute policies and performance measures
that encourage program personnel and policy makers to spend substantive
time in neighborhoods as a regular part of their work.
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Thinking of creative community education solutions such as
exhibits and fairs is strongly recommended.
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The role and participation of youth in the community can
be a very important factor in education about lead exposure, development
of strategies for community clean up, and in developing the political will
and cohesion within the community to creatively deal with Brownfields problems.
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The NJDEP, NJDOHSS, NJDCA, USEPA or any other agency involved
in the issue of lead assessment and clean up should acknowledge community-based
planning as a critical methodology for environmental protection and promote
its use both inside and outside the agency.
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Through the Brownfields Initiative, agencies can integrate
environmental activities and career development with targeted environmental
justice and urban revitalization strategies.
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Business and industry could play a more positive role in
clean up of Brownfields sites; perhaps corporate involvement could be enhanced
by an "Adopt a Site" program, much like clubs and other entities are asked
to volunteer to clean up a stretch of highway or beach.
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There is a need to identify creative ways to schedule and
to promote community involvement in the regulatory process from the very
beginning of clean up activities that may affect them.
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Education is certainly a tool in achieving community involvement.
Such education needs to be comprehensive, well thought out, and included
in all grade levels.
Recommendations for community involvement are:
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Solutions and creative approaches to encourage community
involvement where the community faces problems such as poverty or unemployment
must be explored. Some examples are
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To overcome problems of logistics in attending meetings,
choice of a centralized and convenient site is important.
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Arranging for transportation, such as by car pool, and for
childcare on site, perhaps by having parents take turns or by providing
payment to teens from the community, can be helpful.
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Providing resources to residents of the community, such as
for postage, phone, fax, paper can be necessary for increasing involvement.
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Programs that address clean up of urban neighborhoods need
to do everything possible to include jobs and job training for residents.
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Trained workers from the community could do much of the work
in remediating sites.
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Project coordinators should include people hired from the
urban community
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It is essential that material prepared for the community
be "user friendly" and actually sensitive. Agencies need to make sure that
information is appropriate, and should use an interpreter if this helps
to improve communication.
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Rehabilitation of urban contaminated sites cannot be done
in isolation of the multitude of problems in the inner cities. Thus, environmental
and health agencies must work closely with other agencies that address
social issues and crime problems.
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Overcoming fear and antipathy to outsiders offering advice
and help with clean up can be fostered by cultivating local leaders, by
being especially sensitive to cultural differences, by being aware of other
models of local involvement and approaches that encourage participation.
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Sometimes the costs for residents to participate may be underwritten
by grants, private donations, paying for certain tasks to be performed.
It is possible for the community to raise some resources through fund raising
activities.
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Time can be a problem for some individuals who may have many
commitments. Here it may be necessary to make sure that workloads are shared,
that meeting times are set with flexibility of schedules for all parties.
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In order to keep interest up, set short-term goals and milestones,
be realistic about projected time frames for the process, and keep red
tape to the absolute minimum.
In the second forum, on Lead Contaminated Steel Structures,
the participants discussed and developed policy recommendations to prevent
lead exposure and contamination hazards caused by the remediation of steel
structures coated with paint containing lead. During this forum, State
and Federal regulations that affect lead abatement work on steel structures
were discussed. The participants remarked that notifying the community
in a timely manner was essential in an effort to encourage partnerships
between those responsible for the clean up, the government agencies involved,
the community, and any other stakeholders. Community participation and
partnerships amongst stakeholders also promotes project progress and completion.
Recommendations were proposed in several areas.
Recommendations for training requirements for supervisors
and workers are:
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Coordination between EPA and OSHA is needed on the curriculum
and amount of training necessary for supervisors and workers to ensure
competent work and safe practices during lead abatement of steel structures.
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There is a need for EPA to move quickly to clarify the requirements
under Title X. The EPA needs to ensure compliance for air, soil, and water
emissions.
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Components of the OSHA Lead in Construction Standard need
to be further clarified, such as the credentials, amount of training, and
relevant experience of the competent person, supervisors, and workers on
lead remediation jobs.
Recommendations for implementation of engineering controls
and work practices are:
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Potential conflicts between the EPA’s role of protecting
the environment and the general population from lead contamination differs
from OSHA's responsibility for
protecting worker health should be addressed.
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Existing engineering controls, missing from many sites, must
be implemented to reduce the high lead concentrations found inside the
containment.
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Continued research on state-of-the-art control technology
and innovative worker protection techniques is needed to protect both the
worker and surrounding environment.
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Related safety and health issues should be considered such
as prohibiting certain work practices (i.e. silicosis hazard in sand blasting).
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It is important that research and data collection done by
non-regulatory organizations (i.e. Steel Structures Painting Council) be
considered by state and federal agencies as they engage in the rule making
process.
Recommendations related to the need to changes to the OSHA
Interim Standard for Lead in Construction are:
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OSHA should lower the blood-lead level needed to remove an
employee from a lead hazard work site and revise the suitable level at
which an employee can be returned to lead work, to reflect the more recent
research findings on lead toxicity.
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More frequent testing of workers than the current two-month
interval is seen as a necessity for construction activity that is frequently
of short duration.
A recommendation for training in lead abatement on steel
structures is:
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Modular training is a recommended due to the fact that it
involves dividing the courses into discrete levels or "modules," so that
additional training for individuals can build on their prior course training
without repeating content from a course previously taken.
A recommendation for regulation agreements between states
is:
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Reciprocal agreements between states are needed to standardize
regulations and certification requirements and to provide fair competition
between states.
Recommendations regarding the role of the owner in lead abatement
of steel structures:
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The various responsibilities of the owner of the structure
and the contractor in adhering to regulations for preventing environmental
contamination and providing for worker safety need to clarification.
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The role of safety supervision and compliance with regulations
should be included in the contract specifications.
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The owner, whether a private entity or public agency, should
perform an assessment of the structure for the presence of lead. Testing
results would facilitate communication to all affected parties, including
the surrounding community.
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A history of the structure, including its previous painting
and remediation practices, is needed to fully evaluate potential exposure.
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The knowledge, experience, and competence of those who prepare
the contracts is extremely important when dealing with lead work practices
and requirements for environmental exposure prevention and worker safety.
A recommendation for the dissemination of information to
parties involved in lead abatement on steel structures is:
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Wider dissemination of information on work practices and
about lead hazards is needed to help both the workers and the communities
understand the situation and how to protect themselves. Print, video, and
the Internet are some media to utilize in dissemination.
Recommendations for worker involvement in site safety and
health planning are:
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Workers need to be involved in their own safety. One way
of accomplishing this would be to have a worker with advanced training
in lead practices act as a liaison to management.
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Safety committees comprised of both management and workers
should be formed and utilized at the job site.
A recommendation for liability and insurance issues is:
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Liability, insurance and bonding are of great concern will
be a focus of the last workshops titled Brownfields: Issues of Liability,
Insurance And Finance.
Recommendations for community notification are:
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The members of the local community need to be notified as
soon as the planning begins for remediation of structures that might present
a lead hazard.
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The responsibility for notification rests with the owner
of the structure or those acting on behalf of the owner.
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Timely and adequate notice of intent to go forward with a
remediation project is of paramount importance.
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A suggestion is for the owner or their representative to
notify the county clerk, municipal clerk and community of their intent
to prepare and repaint a large steel structure that may be coated with
lead paint during the time when the plans are being developed and specifications
are being written.
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The notice should specify the structure being worked on,
the scope of the project and how long it is expected to take.
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Responsible parties must allow the community time to respond.
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Copies of the current guidelines should be made widely and
readily available to the residents and community officials.
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Base line lead levels should be gathered from the surrounding
area and included in the notification. This data should be compared to
similarly gathered data at the end of the project to enable evaluation
that the structure was properly repaired and repainted without an increase
of lead in the area.
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Large-scale projects require substantially more than simply
notifying the community around the project that the renovation is going
to take place. The public may need to be consulted and involved more directly
in the decision process about the project.
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For large-scale projects it may behoove the owners to bring
in experts in community outreach and risk communication.
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Risk communication is very important. Listening to the concerns,
fears, and suggestions of the public is the first step in building a relationship
of trust. Trust is crucial to the collaborative process.
In the third forum, Brownfields: Issues Of Liability, Insurance
And Finance, panels discussed obstacles to redevelopment of Brownfields
and offered ideas for moving forward. The obstacles discussed were related
to mitigation of liability, providing financing for Brownfields, issues
of insurance and insurance products, and community resources for clean
up. The following recommendations were proposed.
Recommendations dealing with the Brownfields process are:
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Brownfields must be separated from Superfund in order to
expedite clean up.
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Brownfields coordination program in Region II should be developed.
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Identify and categorize Brownfields sites.
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As the sites are being identified, the Brownfields program
should look at the possible impacts on surrounding communities as well
as the site-specific assessment.
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A systematic plan is that includes a time line with beginning
steps, milestones to monitor progress as well as make revisions, and end
points for assessing clean up and providing project closure is needed.
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Assess the site using methods that save time and are more
cost effective, such as doing using on-site-field techniques as the clean
up progresses.
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Upon a project’s completion, proper deed documentation of
the site’s clean up level is required and should be verified in order to
protect future purchasers, and prevent accidents and misuse of sites in
the future.
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Requiring that upon project completion, the developers demonstrate
that it is cleaned up can monitor the final quality of the clean up
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From the onset through concluding a project, policy should
promote stakeholders to work in a partnership and look at various aspects
and perspectives.
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Laws should promote increased cooperation among all stakeholders.
Increased cooperation among governmental agencies is also strongly encouraged.
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Grants need to be looked into to create partnerships and
bring stakeholders together to jointly work in a structured body like in
a Brownfields task force.
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Creative solutions need to be further explored and presented.
More input from public/private partnerships can provide more choices for
policy decisions and steer policy in a more promising direction for more
stakeholders.
Recommendations promoting clean up and related to issues
of liability, insurance and finance are:
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Research is required to find out what insurance products
are available.
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Seminars and workshops should be held to educate the real
estate industry, the banking industry, the developers and government about
insurance products and options
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The following incentives should be examined for implementation:
revolving loan funds, targeted tax credits for successful clean up, and
federal tax credits.
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Policy should continue to encourage clean ups through incentives
and also do forward planning through looking into creating
a tax on hazardous materials with a dedicated fund. The tax would be on
the manufacturers and users of the hazardous material products. The money
collected from the tax can be used to fund grants.
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Policy makers need to revisit how the clean up level is defined.
The standard setting clean up of a site should move from being based on
intended use to a more health-based standard.
Policy should address the effects of hazardous pollution
on our country’s children through their developmental stages.
PREFACE
Due to lead’s widespread historical use in farming, industry,
and in gasoline, it is one of the most commonly found toxic pollutants
in the many contaminated sites in New Jersey. To explore strategies for
dealing with lead contamination in abandoned industrial and waste sites,
known as "Brownfields," for minimizing exposure when remediating bridges
and other large steel structures painted with lead-based paint, and for
investigating liability and insurance issues and innovative financial incentives
for cleanup of lead, the Interagency Task Force convened a series of three
workshops. These forums, managed by the Ecopolicy Center of Rutgers University,
involved a cross section of community leaders, health and environmental
scientists, experts in lead toxicology, agency officials, and others from
private industry and labor, interested in the prevention of lead poisoning.
The report, titled Brownfields and Steel Structures:
Strategies for Addressing Lead Clean up, summarizes discussions at
the workshops and presents recommendations on issues related to lead contaminated
sites, simplifying government requirements and clarifying standards for
training remediation workers and for determining "how clean is clean,"
the role of the community, and needed changes or new initiatives in policy.
The report was written collaboratively by Robert K. Tucker, Sally Henry,
Joan Cook Luckhardt, and Sheri Seminski. This executive summary briefly
introduces the topics discussed and presents the recommendations from each
of the three forums. The report and executive summary have been made possible
by a grant from the Office for Prevention of Mental Retardation and
Developmental Disabilities at the Department of Health.
CONCLUSION
It is in society's long term best interest to come up
with creative solutions to address strategies for clean up of contaminated
sites and steel structures. An easy fix to overcome the challenges of the
present and the future does not exist. By recognizing and addressing the
issues and recommendations presented in full policy report titled Brownfields
and Steel Structures: Strategies for Addressing Lead Clean up, lead
clean up of Brownfields and steel structures can continue to improve and
move forward into the future.