Page 65 - The Engineering Guide to LEED-New Construction Sustainable Construction for Engineers

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expected to be a liability if left in place for an extended period. They can also be
encapsulated if appropriate. The ex situ processes involve many types of options but
must be carefully manifested for shipment off-site. It is possible to become liable for
pollution on another site if the waste material is sent off-site and not properly remediated
or disposed of. With in situ processes, the owner must carefully consider the liability of
contaminants potentially migrating off-site. With ex situ processes, the owner must
carefully consider the proper disposal costs and the potential for off-site liabilities.
The two applicable federal laws are CERCLA (Comprehensive Environmental
Response, Compensation and Liability Act) and RCRA (Resource Conservation and
Recovery Act). CERCLA, commonly referred to as Superfund, is a program to help
offset the costs of remediation. RCRA is the act that was originally intended to promote
recycling, but was expanded and now also governs the handling of hazardous waste.
This credit was worth one point in LEED 2.2 and is worth one point in LEED 2009.
USGBC Rating System
The Intent, Requirements, Potential Technologies and Strategies, and Summary of
Referenced Standards as given in LEED-NC 2.2 and valid for LEED 2009 are as follows:

Intent
Rehabilitate damaged sites where development is complicated by environmental
contamination, reducing pressure on undeveloped land.
Requirements
(LEED 2009 Option 1) Develop on a site documented as contaminated (by means of an
ASTM E1903-97 Phase II Environmental Site Assessment or a local Voluntary Cleanup
Program) OR (LEED 2009 Option 2) on a site defined as a brownfield by a local, state or
federal government agency.
Potential Technologies and Strategies
During the site selection process, give preference to brownfield sites. Identify tax incentives
and property cost savings. Coordinate site development plans with remediation activity, as
appropriate.
Summary of Referenced Standards
ASTM E1903-97 Phase II Environmental Site Assessment, ASTM International, www.astm.
org. This guide covers a framework for employing good commercial and customary
practices in conducting a Phase II environmental site assessment of a parcel of commercial
property. It covers the potential presence of a range of contaminants that are within the
scope of CERCLA, as well as petroleum products.

EPA Brownfields Definition
EPA Sustainable Redevelopment of Brownfields Program, www.epa.gov/brownfields.
With certain legal exclusions and additions, the term “brownfield site” means real property,
the expansion, redevelopment, or reuse of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant, or contaminant (source: Public Law
107–118, H.R. 2869 – “Small Business Liability Relief and Brownfields Revitalization Act”).
See the web site for additional information and resources.

Calculations and Considerations
The required submittals include confirmation that the project site was established as
being contaminated either by an ASTM E1903-97 Phase II Environmental Site Assessment
or by a local, state, or federal government agency, and a detailed narrative which describes
the contamination and the remediation actions being taken. A method or means to monitor