On October 14 2010 the Environmental Protection Agency (EPA) released its Draft Management Plan for Siting Renewable Energy on Potentially Contaminated Land and Mine Sites.(1) The draft plan is open to public comment until November 30 2010.

The plan outlines 20 steps that the EPA has taken recently or will take over the next two years to promote renewable energy development on contaminated properties. Future steps include:

  • new guidance on the siting of such facilities while clean-up is ongoing;
  • the consideration of new tools to address liability concerns related to renewable energy development at contaminated sites; and
  • the incorporation of financial incentives for such redevelopment into existing loan, grant and tax incentive programmes.

The EPA will also select pilot communities to serve as models for different types of renewable energy development at contaminated facilities. The agency plans to solicit applications for these pilot projects in early 2011.

The draft plan is part of the EPA's ongoing RE-Powering America's Land initiative,(2) which was launched two years ago to "identify Brownfields, RCRA, Superfund, landfill and abandoned mine land with wind, solar, biomass and geothermal development potential", and to collaborate with public and private stakeholders to encourage such re-development. The initiative has produced maps overlaying EPA-tracked sites in New York with generation and siting potential for wind energy, photovoltaic solar energy, biopower facilities and biorefinery facilities.






(1) Available at www.epa.gov/renewableenergyland/docs/repower_management_plant.pdf.

(2) More details at www.epa.gov/renewableenergyland/index.htm.


For further information on this topic please contact Daniel Riesel or Jonathan Kalmuss-Katz at Sive Paget & Riesel PC by telephone (+1 212 421 2150), fax (+1 212 421 2035) or email (driesel@sprlaw.com or jkalmuss-katz@sprlaw.com).

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