Massachusetts amends brownfields regulations

BOSTON – Massachusetts Attorney General Martha Coakley’s office has announced an amendment to the Brownfields Covenant Program’s regulations aimed at streamlining the application process and creating incentives to redevelop contaminated properties.
The amended regulations, which will be effective Oct. 17, include the following changes:
&#8226 Reduced public-comment period from 90 days to 45 days for applicants who did not cause or contribute to the contamination.
&#8226 Clarified public-notice requirements, agreement criteria and rights of affected third parties and the public.
&#8226 Elimination of certain procedural barriers to Brownfields Covenants for sites with the most difficult cleanups.
&#8226 Creation of a more user-friendly, streamlined, timely and predictable process.
The amended regulations were submitted to Secretary of State William Galvin’s Office this month, Coakley’s office said in a statement.
“These changes will make the process for acquiring Brownfield Covenants more efficient, and will clarify for developers and communities alike how these tools can work to spur redevelopment,” Coakley said in a statement. “Our goal has been to make the Brownfields Covenant Regulations more responsive to the realities of site cleanup and development, while not compromising on environmental standards.”
This year marks the 10th anniversary of the Brownfields Act, which provided the authority for the Brownfields Covenant Program and other vital tools for revitalization of brownfields. The update to the Brownfields Covenant Program regulations is part of the Regulatory Review Initiative, undertaken in late 2007 by Coakley and Gov. Deval L. Patrick to make state regulations more user-friendly and predictable. &#8226