The Arkansas Department of Environmental Quality (ADEQ) is administering the
Brownfields Program to redevelop properties with either real or perceived hazardous
substance contamination. ADEQ hopes to encourage the development of brownfields
as a sustainable land use policy and to discourage the development of Greenfields
or pristine properties in the State of Arkansas.
- Q. What is a “brownfield”?
- A. A brownfield is a parcel of property where commercial, industrial, or agricultural
use may have contaminated the site with a hazardous substance, thereby complicating
prospects for expansion, redevelopment, or reuse.
- Q. Who is eligible to participate?
- A. Individuals, companies, or real estate developers who did not contribute
to the contamination and who do not hold title to one of these abandoned properties
may enter into an agreement with ADEQ for the clean up.
- Q. What about my financial obligations and environmental liability?
- A. Based on the terms of the agreement, the purchaser of the property will be
able to define the financial obligations early in the process and after approval
from ADEQ, will not be held liable for past contamination after the clean up
is complete. Lending institutions will also be able to quantify financial risks
associated with a contaminated property.
- Q. What are the goals of the Brownfields Program?
- Provide continued protection of human health & the environment,
- Encourage redevelopment as a sound land use management policy,
- Develop risk-based clean up standards,
- Enable prospective purchasers to determine liability “up front”, and
- Develop a schedule-oriented program that can keep pace with real estate transactions.
- Q. What Type of Financial Assistance Does ADEQ Provide?
- Technical Assistance for Assessments
ADEQ offers its assistance to qualified non-profit or public Brownfield
Program Participants for environmental site assessments. For more information,
please read the Targeted Brownfields Assessments information below.
- EPA Grants
For information on funding available by the U.S. Environmental Protection
Agency, please visit their website at
History of the Brownfields Program
The “Brownfields Economic Redevelopment Initiative” was announced by EPA
Administrator Carol Browner in November 1994 as part of the
EPA Region 6 Brownfields Program. The objective of the Initiative is to
return unproductive, potentially contaminated properties back to beneficial
use, to define the financial liabilities associated with a clean up early in
the process, and to ensure environmentally sound redevelopment in the future.
In 1995 the Arkansas Brownfields Law (Act 125) was enacted with a great deal
of support and enthusiasm by both political parties in the Arkansas Legislature.
ADEQ began receiving federal funds from EPA to begin program development soon
thereafter. In 1996 external and internal work groups were formed to develop
clean up standards, guidance, and policy. In 1997 several amendments to the
Brownfields Law were adopted by the Arkansas Legislature, again with overwhelming,
bipartisan support. The amendments (Arkansas Code Annotated § 8-7-1101 et seq.),
which became effective in August 1997, expand the types of properties which
qualify for the program, further limit financial liability for purchasers of
Brownfields properties, and provide for low-interest loan program to be established
for participants in the program.
In December of 2000 the EPA and ADEQ entered into a
Memorandum of Agreement
(MOA) to support ADEQ’s Brownfields Program and define the roles and responsibilities
of Region 6 (EPA) and ADEQ.
Further information about the Arkansas Brownfields Program guidelines can
be found in APC&E Commission
Targeted Brownfields Assessments
Funded by awards granted by the U.S. EPA, ADEQ has the opportunity to offer
technical assistance for site assessments to qualified Brownfields Program participants
belonging to either the non-profit or public sector. Targeted Brownfields
Assessments (TBA) are designed to help minimize the uncertainties of contamination
often associated with brownfields. A TBA may encompass one or more of the following
- A Phase I Environmental Site Assessment, including a background and historical investigation and a preliminary site inspection; and
- A Comprehensive Site Assessment (CSA), including sampling activities to identify the types and concentrations of contaminants and the areas of contamination to be cleaned.
TBA funding may only be used at sites as authorized by the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as
amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.
The site must be contaminated or suspected to be contaminated with hazardous
substances. Sites contaminated only with petroleum products are not eligible
for assistance at this time.
To apply for TBA assistance, please view the
TBA Request Guidance document or contact
the ADEQ Brownfields staff at (501) 682-0867 or
firstname.lastname@example.org for more information.
Links to Brownfields Forms and Resources
Links to Financial Assistance Resources
Record of Arkansas Brownfields Projects
For more information about Arkansas’ brownfields opportunities, please contact:
Phone: (501) 682-0867